Rajasthan Rajya Vidyut Prasaran Nigam Limited

(PROJECT MANAGEMENT UNIT)

BIDDING DOCUMENTS FOR TURNKEY PROJECT

FOR CONSTRUCTION OF

Construction of 220kV D/C Akal-Jaisalmer-2line – 75kMs.

BID ENQUIRY NO. RVPN / KfW /ICB-7

Vol-I

Superintending Engineer (Contract-II)

Rajasthan RajyaVidyut Prasaran Nigam Ltd.
MM Building of RVPN, Old Power House
Premises(back Side), Near Ram Mandir,
Bani Park, Jaipur-302006.

DATE:
Cost : Rs.15,000.00
Or
USD 235.00

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 BID INFORMATION COVER SHEET

RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED

(AN ISO 9001:2008 CERTIFIED COMPANY)
REGD. OFFICE VIDYUT BHAWAN, JANPATH, JYOTI NAGAR, JAIPUR-302005
OFFICE OF THE SUPERINTENDING ENGINEER (Contract-II)
NEW MM BUILDING OF RVPN, NEAR RAM MANDIR, BANI PARK, JAIPUR- 302006

Telephone Nos.: (Thru PBX) (0)141-2209847/2209609

E-mail: [email protected]

BIDS ARE INVITED IN E-TENDER SYSTEM UNDER BID ENQUIRY NO.

RVPN /KfW/ICB-7 FOR TURNKEY PROJECT FOR CONSTRUCTION OF
Construction of 220kV D/C Akal-Jaisalmer-2 line – 75kMs.

TENDERS ARE TO BE SUBMITTED ONLINE IN ELECTRONIC FORMAT ON

WEBSITE http://eproc. rajasthan.gov.in

Cost of Bidding documents Rs.15,000.00 (Rs. Fifteen Thousand only) or USD 235.00
(USD Two Hundred and Thirty Five only)+GST @18%
Processing Fee of RISL Rs. 1000.00 (Rupees One thousand only)

Validity 180 days after the date of Opening of Techno- Commercial

Bid.

Bid Security (Earnest money)

The bidder shall furnish a bid security in the amount of
INR 4.843 Million or USD 0.075 Million
If the Bidder’s Bid Security is for an amount less than the
amount specified above, its Bid shall be rejected. The type
of acceptable Bid Security is that of a bank guarantee
issued by a reputable bank located in the
Employer’s/Purchaser’s country in the format included in
Section 4: Bidding Forms and acceptable to purchaser valid
up to 208 (180+28) days from the date of opening of the
technical bid. If the Bid Security is issued by a bank
located outside the Purchaser’s country, it shall have a
correspondent bank located in the Purchaser’s country to
make it easily enforceable.

Bid offer On two parts basis

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NOTES:
1. The specification comprises of followings:-

VOLUME – I: Bidding Document

PART- I: Bidding Procedures
Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
Section 5 – Eligible Countries
PART –II: Requirements
Section 6 - Employer’s Requirements (ERQ)
PART –III: Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)
Section 8 - Special Conditions of Contract (SCC)
Section 9 - Contract Forms (COF)
VOLUME – II: Technical Specification

2. The Bid Security (Earnest money) deposit is essential, otherwise the bid will be ignored.

3. IMPORTANT DATES:

S. Events Date & Time Location

No.
(i) Date of downloading of From 22.12.2017 http://eproc.rajasthan.gov.in
tender specification (10.00 AM)
to 07.02.2018
(6.00 PM)
(ii) Deposit of Cost of Tender Up to 07.02.2018 Office of the Superintending Engineer
Specification, Processing (03.00 PM) (Contract-II), Rajasthan Rajya Vidyut
Fee & Earnest Money Prasaran Nigam Limited, New MM
Building of RVPN, Near Ram
Mandir, Bani Park, Jaipur- 302006
(iii) Last date & time of Up to 07.02.2018 http://eproc.rajasthan.gov.in
submission of electronic (6.00 PM)
bid
(iv) Opening of Technical Bid On 08.02.2018_ http://eproc.rajasthan.gov.in
(11.00 AM)
(v) Opening of Price Bid To be intimated to the http://eproc.rajasthan.gov.in
qualified bidders
through e-procurement
portal

4. The bidders are requested to submit their bids prior to last date of submission to avoid
Non-submission of their bids up to prescribed date & time due to non-availability /
hanging of website at last moments or any reason whatsoever. The last date of
submission of bids will not be extended on such accounts.

5. Furnishing of Earnest Money as per Clause No.21.1 of ITB (Volume–I/Part–I/Section-1) of

this specification & proof for deposit of Earnest Money, e-tender processing fees & cost of
bidding document before techno-commercial bid opening is essential otherwise the techno-
commercial bid in electronic form (Cover- II and III) will not be opened.

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6. (i) The bidder will have to deposit prescribed cost of bidding document by DD / Banker’s
Cheque payable in favour of the Accounts Officer (P&C-I), RVPN, Jaipur up to stipulated
date & time in the office of the Superintending Engineer (Contracts-II), Rajasthan Rajya
Vidyut Prasaran Nigam Limited, New MM Building of RVPN, Near Ram Mandir, Bani Park,
Jaipur- 302006 and obtain a receipt thereof and they shall up load the receipt along with their
online bid.

(ii) The bidder will have to deposit 100% bid security (EMD) in the form of bank guarantee up
to stipulated date & time in the office of the Superintending Engineer (Contracts-II), Rajasthan
Rajya Vidyut Prasaran Nigam Limited, New MM Building of RVPN, Near Ram Mandir, Bani
Park, Jaipur- 302006 and obtain a receipt thereof and they shall up load the receipt along with
their online bid.

(iii) The bidder will have to deposit prescribed Processing Fee by DD / Banker’s Cheque in
favour of Managing Director, RISL, payable at Jaipur up to stipulated date & time in the
office of the Superintending Engineer (Contracts-II), New MM Building of RVPN, Near Ram
Mandir, Bani Park, Jaipur- 302006 and obtain an acknowledgement thereof and they shall up
load the acknowledgement along with their online bid.

7. The bidder shall ensure that his bid is submitted / furnished strictly in the manner detailed in
the bidding documents.

8. The bidders should provide complete information at the time of submission of bid. However,
if the bidders are asked to furnish some clarification / confirmation / documents, the bidders
are required to furnish the same within specified time failing which; the case shall be
finalized / decided on the basis of available information. The responsibility of their bid being
ignored on account of delay in furnishing of desired information / documents shall be of the
bidder.

9. All bidding documents shall essentially be signed digitally and submitted on

http://eproc.rajasthan.gov.in in time as per checklist provided with the bidding document.
The checklist along with relevant page nos. shall also be submitted with the bid.

10. The bidding document can be downloaded from web site http://eproc.rajasthan.gov.in.
Details of this bid notification can also be seen in NIT exhibited on website www.rvpn.co.in
and www.rajenergy.com. Bids are to be submitted online in electronic format only on
website http://eproc.rajasthan.gov.in.

11. The bidders who are interested in bidding can download bidding documents from
http://eproc.rajasthan.gov.in up to the stipulated date & time.

12. Bidders who wish to participate in this bid enquiry will have to register on
http://eproc.rajasthan.gov.in (bidders registered on eproc.rajasthan.gov.in before
30.09.2011 need to be registered again). To participate in online bids, bidders will have to
procure Digital Signature Certificate (Type – II or Type – III) as per Information Technology
Act, 2000 using which they can sign their electronic bids. Bidders can procure the same from
any CCA approved certifying agency i.e. TCS, Safecrypt, Ncode, etc. or they may contact e-
Procurement Cell, Department of IT & C, Government of Rajasthan on the following address
for further assistance.

Contact No.: 0141 – 4022688 (Help desk 10.00 AM to 6.00 PM on all working days)
e-proc Toll Free No. 18002337315
e-mail id. : [email protected]

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Address : e-Procurement Cell, RISL, Yojana Bhawan, Tilak Marg, C-Scheme, Jaipur

Bidders who already have a valid Digital Certificate need not procure a new Digital
Certificate.

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 CHECK LIST
(List of required Schedules / documents to be submitted online duly signed digitally by
Authorized Signatory)

S. Particulars as per Description of required document Details of

No. specification documents to be
uploaded by
bidder along with
relevant page
Nos.
1) COVER – I : Details of fee / certificates for EMD, Tender processing fee and Cost of
Tender documents ( .pdf)
1. Bid security Proof of depositing Bid security
2. Tender processing Proof of depositing DD / Banker’s Cheque
fee towards e-tender processing fee.
3. Cost of Tender Proof of depositing cost of bidding documents
Document (DD / Banker’s Cheque).
2) COVER – II : Techno- Commercial Bid (.pdf)
1. Bidding Forms Form Bidder’s Information Sheet with attachments
ELI – 1
2. Bidding Forms Form JV Information Sheet with attachments
ELI - 2
3. Bidding Forms Letter of Technical Bid
4. Bidding Forms Form Pending Litigation
LIT
5. Bidding Forms Form Financial Situation with attachments
FIN - 1
6. Bidding Forms Form Average Annual Turnover
FIN - 2
7. Bidding Forms Form Financial Resources
FIN – 3
8. Bidding Forms Form Current Contract Commitments
FIN – 4
9 Bidding Forms Form General Experience
EXP – 1
10 Bidding Forms Form Specific Experience
EXP – 2(a)
11 Bidding Forms Form Specific Experience in Key Activities
EXP - 2(b)
12 Bidding Forms Form Proposed Personnel
PER – 1
13 Bidding Forms Form Resume of Proposed Personnel
PER – 2
14 Bidding Forms Equipment
15 Bidding Forms Proposed Subcontractors/Manufacturers for
Major Items of Plant and Services
16 Bidding Forms Certificate of Technical Compliance
17 Bidding Forms Declaration
18 Bidding Forms Technical Proposal, Site Organization, Method
Statement, Mobilization Schedule and
Construction Schedule

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 19 Bidding Forms Manufacturer’s Authorization

20 Bidding Forms Declaration of Undertaking

21 Bidding Forms Country of Origin Declaration Form

S. Particulars as per Description of required document Details of

No. specification documents to be
uploaded by
bidder along with
relevant page
Nos.
3) COVER – III : Financial / Price Bid / BoQ (.xls) and Bid Form
1. Bidding Forms Letter of Price Bid & Schedule I(A)

2. Price Bid Price Schedule BOQ-1 to BOQ-3

NOTE:
1. Please indicate Page no. of related document / proof submitted to evaluate the bid.
2. All documents should be submitted online in PDF format only except BOQ.
3. All the required information shall be furnished strictly in prescribed Schedules / formats only.
Any information other than the prescribed schedules / formats shall not be entertained. The bid
shall be evaluated on the basis of information furnished in the prescribed Schedules / Formats.
4. Each documents to be uploaded on or before due date shall be signed and stamped on each page
by the authorized person of company.
5. The purchaser may advise any bidder to furnish the documents in original or copy duly attested
by Notary as the case may be for verification, in physical form on short notice of three days.

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Section 1 - Instructions to Bidders 1-1

Section 1 - Instructions to Bidders

Table of Clauses

A.  General .............................................................................................................................................. 3 

1.  Scope of Bid...................................................................................................................... 3 

2.  Source of Funds................................................................................................................ 3 
3.  Corrupt Practices .............................................................................................................. 3 
4.  Eligible Bidders ................................................................................................................. 4 
5.  Eligible Plant and Services .............................................................................................. 6 

B.  Contents of Bidding Document ...................................................................................................... 6 

6.  Sections of Bidding Document ......................................................................................... 6 

7.  Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ......................................... 7 
8.  Amendment of Bidding Document .................................................................................... 8 

C.  Preparation of Bids .......................................................................................................................... 8 

9.  Cost of Bidding.................................................................................................................. 8 

10.  Language of Bid ................................................................................................................ 8 
11.  Documents Comprising the Bid ........................................................................................ 8 
12.  Letter of Bid and Schedules .............................................................................................. 9 
13.  Alternative Bids ................................................................................................................. 9 
14.  Documents Establishing the Eligibility of Plant and Services ........................................ 10 
15.  Documents Establishing the Eligibility and Qualifications of the Bidder ......................... 10 
16.  Documents Establishing Conformity of the Plant and Services ...................................... 10 
17.  Technical Proposal, Subcontractors ............................................................................... 11 
18.  Bid Prices and Discounts ................................................................................................ 11 
19.  Currencies of Bid and Payment ...................................................................................... 13 
20.  Period of Validity of Bids ................................................................................................. 14 
21.  Bid Security ..................................................................................................................... 14 

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-2

22.  Format and Signing of Bid ............................................................................................... 15 

D.  Submission and Opening of Bids ................................................................................................ 16 

23.  Submission, Sealing and Marking of Bids ....................................................................... 16 

24.  Deadline for Submission of Bids ..................................................................................... 17 
25.  Late Bids ......................................................................................................................... 17 
26.  Withdrawal, Substitution, and Modification of Bids......................................................... 17 
27.  Bid Opening..................................................................................................................... 17 

E.  Evaluation and Comparison of Bids ............................................................................................ 19 

28.  Confidentiality .................................................................................................................. 19 

29.  Clarification of Bids.......................................................................................................... 19 
30.  Deviations, Reservations, and Omissions ....................................................................... 20 
31.  Preliminary Examination of Technical Bids .................................................................... 20 
32.  Responsiveness of Technical Bid ................................................................................... 20 
33.  Nonmaterial ..................................................................................................................... 21 
Nonconformities .......................................................................................................................... 21 
34.  Detailed Evaluation of Technical Bids ............................................................................. 21 
35.  Eligibility and Qualification of the Bidder ......................................................................... 22 
36.  Correction of Arithmetical Errors ..................................................................................... 22 
37.  Conversion to Single Currency........................................................................................ 23 
38.  Margin of Preference ....................................................................................................... 23 
39.  Evaluation of Price Bids .................................................................................................. 23 
40.  Comparison of Bids ......................................................................................................... 23 
41.  Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ................................ 24 

F.  Award of Contract.......................................................................................................................... 24 

42.  Award Criteria.................................................................................................................. 24 

43.  Notification of Award ....................................................................................................... 24 
44.  Signing of Contract .......................................................................................................... 24 
45.  Performance Security ...................................................................................................... 25 

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-3

Section 1 - Instructions to Bidders

A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid Data Sheet
(BDS), the Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of plant and services as specified in Section
6 (Employer’s Requirements). The name, identification, and number of lots
(contracts) of the International Competitive Bidding (ICB) are provided in the
BDS.

1.2 Unless otherwise stated, throughout this Bidding Document definitions and
interpretations shall be as prescribed in Section 7 (General Conditions of
Contract).

2. Source of 2.1 The Borrower or Recipient (hereinafter called “Borrower”) indicated

Funds in the BDS has applied for or received financing (hereinafter called
“funds”) from the KFW, a German Government owned Development
Bank (hereinafter called “KFW”) toward the cost of the project named
in the BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which this Bidding
Document is issued.

2.2 Payments by KfW will be made only at the request of the Borrower and
upon approval by KfW in accordance with the terms and conditions of the
financing agreement between the Borrower and KFW (hereinafter called the
Loan Agreement), and will be subject in all respects to the terms and
conditions of that Loan Agreement. No party other than the Borrower shall
derive any rights from the Loan Agreement or have any claim to the funds.

3. Corrupt 3.1 KFW’s Anticorruption Principles, as indicated in the BDS, requires

Practices that borrowers (including beneficiaries of KFW -financed activity), as
well as Bidders, suppliers, and contractors under KFW-financed
contracts, observe the highest standard of ethics during the
procurement and execution of such contracts. In this regard:
(a) the terms set forth below are defined as follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit or
to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-4

impair or harm, directly or indirectly, any party or the property of

the party to influence improperly the actions of a party;
(iv) “collusive practice” means an arrangement between two or more
parties designed to achieve an improper purpose, including
influencing improperly the actions of another party;
(b) a proposal will be rejected if it determines that the Bidder
recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract;
(c) will sanction a firm or an individual, at any time, in accordance with
KfW’s Anticorruption Policy and Integrity Principles and Guidelines
(both as amended from time to time), including declaring ineligible,
either indefinitely or for a stated period of time, to participate in KfW-
financed or KfW-administered activities or to benefit from an KfW-
financed or KfW-administered contract, financially or otherwise, if it at
any time determines that the firm or individual has, directly or through
an agent, engaged in corrupt, fraudulent, collusive, or coercive or other
prohibited practices.

3.2 Furthermore, Bidders shall be aware of the provision stated in the

Conditions of Contract (GCC 9.6 and 42.2.1 (c)).

4. Eligible Bidders 4.1 A Bidder may be a private entity or a government-owned entity -

subject to ITB 4.5 - or any combination of such entities with the intent
to enter into an agreement supported by a letter of intent or under an
existing agreement in the form of a joint venture, consortium, or
association (JV). In the case of a JV:
(a) all partners shall be jointly and severally liable, and
(b) the JV shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all
the partners of the JV during the bidding process and, in the
event the JV is awarded the Contract, during contract execution.
4.2 A Bidder, and all partners constituting the Bidder, shall have a
nationality of an eligible country, in accordance with Section 5 (Eligible
Countries). A Bidder shall be deemed to have the nationality of a
country if the Bidder is a national or is constituted, incorporated, or
registered and operates in conformity with the provisions of the laws
of that country. This criterion shall also apply to the determination of
the nationality of proposed subcontractors or suppliers for any part of
the Contract including related services.

4.3 A Bidder shall not have a conflict of interest. All Bidders found to
have a conflict of interest shall be disqualified. A Bidder may be
considered to be in a conflict of interest with one or more parties in

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-5

this bidding process if, including but not limited to:

(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from
any of them; or
(c) they have the same legal representative for purposes of this bid;
or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have access
to material information about or improperly influence the bid of
another Bidder, or influence the decisions of the Employer
regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding process,
either individually [including bid submitted as an agent/authorised
representative on behalf of one or more manufacturer(s) or
through Licensee – Licensor route, wherever permitted as per the
provision of Qualification Requirement for the Bidders in Section 3
- Evaluation and Qualification Criteria] or as a partner in a joint
venture, except for alternative offers permitted under ITB Clause
13. This will result in the disqualification of all Bids in which it is
involved. However, subject to any finding of a conflict of interest in
terms of ITB 4.3 (a) - (d) above, this does not limit the participation
of a Bidder as a subcontractor in another bid or of a firm as a
subcontractor in more than one bid; or
(f) a Bidder or any affiliated entity, participated as a consultant in the
preparation of the design or technical specifications of the plant
and services that are the subject of the bid.

4.4 A firm may not be eligible to participate in any procurement activities

under the KFW -financed or KFW -supported project while it is
included in list of sanctions of the United Nations, of the EU, of the
German Government, or in any other list of sanctions.

4.5 Government-owned entities in the Borrower’s country shall be eligible only if

they can establish that they

(a) are legally and financially autonomous,

(b) operate under the principles of commercial law, and
(c) are not dependent agencies of the Employer or the Borrower.

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-6

4.6 Bidders shall provide such evidence of their continued eligibility satisfactory
to the Employer, as the Employer shall reasonably request.

4.7 Firms of a country shall be excluded if, by an act of compliance with

a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations or sanctions issued
by the European Union or the German Government, the Borrower’s
country prohibits any import of goods from that country or any
payments to persons or entities in that country.

4.8 In case a prequalification process has been conducted prior to the bidding
process, this bidding is open only to prequalified Bidders.

5. Eligible Plant 5.1 The plant and services to be supplied under the Contract shall have their
and Services origin in eligible source countries as defined in ITB 4.2 above and all
expenditures under the Contract will be limited to such plant and services.

5.2 For purposes of ITB 5.1 above, “origin” means the place where the plant, or
component parts thereof are mined, grown, produced or manufactured, and
from which the services are provided. Plant components are produced
when, through manufacturing, processing, or substantial or major
assembling of components, a commercially recognized product results that
is substantially different in its basic characteristics or in purpose or utility
from its components.

B. Contents of Bidding Document

6. Sections of 6.1 The Bidding Document consists of Parts I, II, and III, which include all the
Bidding Sections indicated below, and should be read in conjunction with any
Document Addenda issued in accordance with ITB 8.
PART I Bidding Procedures
Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
Section 4 - Bidding Forms (BDF)
Section 5 – Eligible Countries
PART II Requirements
Section 6 - Employer’s Requirements (ERQ)
PART III Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)
Section 8 - Special Conditions of Contract (SCC)
Section 9 - Contract Forms (COF)

6.2 The Invitation for Bids issued by the Employer is not part of the Bidding
Document.

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-7

6.3 The Employer is not responsible for the completeness of the Bidding
Document and its addenda, if they were not obtained directly from the
source stated by the Employer in the Invitation for Bids.

6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information or
documentation required by the Bidding Document may result in the
rejection of the bid.

7. Clarification of 7.1 A prospective Bidder requiring any clarification of the Bidding Document
Bidding shall contact the Employer in writing at the Employer’s address indicated in
Document, Site the BDS or raise his enquiries during the pre-bid meeting if provided for in
Visit, Pre-Bid accordance with ITB 7.4. The Employer will respond to any request for
Meeting clarification, provided that such request is received no later than twenty-one
(21) days prior to the deadline for submission of bids. The Employer’s
response shall be in writing with copies to all Bidders who have acquired
the Bidding Document in accordance with ITB 6.3, including a description of
the inquiry but without identifying its source. Should the Employer deem it
necessary to amend the Bidding Document as a result of a request for
clarification, it shall do so following the procedure under ITB 8 and ITB 24.2.

7.2 The Bidder is advised to visit and examine the site where the plant is to be
installed and its surroundings and obtain for itself on its own responsibility
all information that may be necessary for preparing the bid and entering into
a contract for the provision of plant and services. The costs of visiting the
site shall be at the Bidder’s own expense.

7.3 The Bidder and any of its personnel or agents will be granted permission by
the Employer to enter upon its premises and lands for the purpose of such
visit, but only upon the express condition that the Bidder, its personnel, and
agents will release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and will be
responsible for death or personal injury, loss of or damage to property, and
any other loss, damage, costs, and expenses incurred as a result of the
inspection.

7.4 The Bidder’s designated representative is invited to attend a pre-bid

meeting, if provided for in the BDS. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may be raised at
that stage.

7.5 The Bidder is requested, to submit any questions in writing, to reach the
Employer not later than one week before the pre-bid meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions raised,
without identifying the source, and the responses given, together with any
responses prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding Document in accordance with ITB

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-8

6.3. Any modification to the Bidding Document that may become necessary
as a result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an Addendum pursuant to ITB 8 and not
through the minutes of the pre-bid meeting.

7.7 Nonattendance at the pre-bid meeting will not be a cause for disqualification
of a Bidder.

8. Amendment of 8.1 At any time prior to the deadline for submission of bids, the Employer may
Bidding amend the Bidding Document by issuing addenda.
Document

8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
from the Employer in accordance with ITB 6.3.

8.3 To give prospective Bidders reasonable time in which to take an addendum

into account in preparing their bids, the Employer may, at its discretion,
extend the deadline for the submission of bids, pursuant to ITB 24.2

C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall not be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.

10. Language of 10.1 The Bid, as well as all correspondence and documents relating to the bid
Bid exchanged by the Bidder and the Employer, shall be written in the English
language. Supporting documents and printed literature that are part of the
Bid may be in another language provided they are accompanied by an
accurate translation of the relevant passages into the English language, in
which case, for purposes of interpretation of the Bid, such translation shall
govern.

11. Documents 11.1 The Bid shall comprise two envelopes submitted simultaneously, one called
Comprising the the Technical Bid containing the documents listed in ITB 11.2 and the other
Bid the Price Bid containing the documents listed in ITB 11.3, both envelopes
enclosed together in an outer single envelope.

11.2 The Technical Bid submitted by the Bidder shall comprise the following:
(a) Letter of Technical Bid;
(b) Bid Security or Bid Securing Declaration, in accordance with ITB 21;
(c) alternative bids, if permissible, in accordance with ITB 13;
(d) written confirmation authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB 22.2;
(e) documentary evidence establishing in accordance with ITB 14.1 that the

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plant and services offered by the Bidder in its bid or in any alternative
bid, if permitted, are eligible;
(f) documentary evidence in accordance with ITB 15 establishing the
Bidder’s eligibility and qualifications to perform the contract if its Bid is
accepted;
(g) Technical Proposal in accordance with ITB 17.
(h) documentary evidence establishing in accordance with ITB 16 that the
plant and services offered by the Bidder conform to the Bidding
Document;
(i) in the case of a bid submitted by a JV, JV agreement, or letter of intent
to enter into a JV including a draft agreement, indicating at least the
parts of the Plant to be executed by the respective partners;
(j) List of subcontractors, in accordance with ITB 17.2; and
(k) any other document required in the BDS.

11.3 The Price Bid submitted by the Bidder shall comprise the following:
(a) Letter of Price Bid;
(b) completed schedules as required, including Price Schedules, in
accordance with ITB 12 and 18;;
(c) alternative price bids, if permissible, in accordance with ITB 13; and
(d) any other document required in the BDS

12. Letter of Bid 12.1 The Letters of Technical Bid and Price Bid, and the Schedules, and all
and Schedules documents listed under ITB 11, shall be prepared using the relevant forms
furnished in Section 4 (Bidding Forms). The forms must be completed
without any alterations to the text, and no substitutes shall be accepted. All
blank spaces shall be filled in with the information requested.

13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered. If they are allowed, the BDS will also indicate whether they are
permitted in accordance with ITB 13.3, or invited in accordance with
ITB13.2 and/or ITB 13.4.

13.2 When alternatives to the Time Schedule are explicitly invited, a statement to
that effect will be included in the BDS, and the method of evaluating
different time schedules will be described in Section 3 (Evaluation and
Qualification Criteria).

13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical
alternatives to the Employer’s requirements as described in the bidding
document must also provide: (i) a price at which they are prepared to offer a

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plant meeting the Employer’s requirements; and (ii) all information

necessary for a complete evaluation of the alternatives by the Employer,
including drawings, design calculations, technical specifications, breakdown
of prices, and proposed installation methodology and other relevant details.
Only the technical alternatives, if any, of the lowest evaluated Bidder
conforming to the basic technical requirements shall be considered by the
Employer.

13.4 When bidders are invited in the BDS to submit alternative technical
solutions for specified parts of the facilities, such parts shall be described in
Section 5 (Employer’s Requirements). Technical alternatives for the specific
parts of the facilities that comply with the performance and technical criteria
specified for the plant and services shall be considered by the Employer on
their own merits, pursuant to ITB 32.

14. Documents 14.1 To establish the eligibility of the plant and services in accordance with ITB
Establishing Clause 5, Bidders shall complete the country of origin declarations in the
the Eligibility of Price Schedule Forms, included in Section 4 (Bidding Forms).
Plant and
Services

15. Documents 15.1 To establish its eligibility and qualifications to perform the Contract in
Establishing accordance with Section 3 (Evaluation and Qualification Criteria), the
the Eligibility Bidder shall provide the information requested in the corresponding
and information sheets included in Section 4 (Bidding Forms).
Qualifications
of the Bidder

15.2 Domestic Bidders, individually or in joint ventures, applying for eligibility for
domestic preference shall supply all information required to satisfy the
criteria for eligibility as described in ITB 38.

16. Documents 16.1 The documentary evidence of the conformity of the plant and services to
Establishing the Bidding Document may be in the form of literature, drawings and data,
Conformity of and shall furnish:
the Plant and
(a) a detailed description of the essential technical and performance
Services
characteristics of the plant and services, including the functional
guarantees of the proposed plant and services, in response to the
Specification;
(b) a list giving full particulars, including available sources, of all spare parts
and special tools necessary for the proper and continuing functioning of
the plant for the period named in the BDS, following completion of plant
and services in accordance with provisions of contract; and
(c) a commentary on the Employer’s Specification and adequate evidence
demonstrating the substantial responsiveness of the plant and services
to those specifications. Bidders shall note that standards for
workmanship, materials and equipment designated by the Employer in

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the Bidding Document are intended to be descriptive (establishing

standards of quality and performance) only and not restrictive. The
Bidder may substitute alternative standards, brand names and/or
catalog numbers in its bid, provided that it demonstrates to the
Employer’s satisfaction that the substitutions are substantially
equivalent or superior to the standards designated in the Specification.

16.2 In order to facilitate evaluation of Technical Bids, deviations, if any, from the
terms and conditions or Specification shall be listed as indicated in ITB
18.2.

17. Technical 17.1 The Bidder shall furnish a Technical Proposal including a statement of work
Proposal, methods, equipment, personnel, schedule and any other information as
Subcontractors stipulated in Section 4 (Bidding Forms), in sufficient detail to demonstrate
the adequacy of the Bidders’ proposal to meet the work requirements and
the completion time.

17.2 For major items of plant and services as listed by the Employer in Section 3
(Evaluation and Qualification Criteria), which the Bidder intends to purchase
or subcontract, the Bidder shall give details of the name and nationality of
the proposed Subcontractors, including manufacturers, for each of those
items. In addition, the Bidder shall include in its bid information establishing
compliance with the requirements specified by the Employer for these
items. Bidders are free to list more than one Subcontractor against each
item of the plant and services. Quoted rates and prices will be deemed to
apply to whichever Subcontractor is appointed, and no adjustment of the
rates and prices will be permitted.

17.3 The Bidder shall be responsible for ensuring that any Subcontractor
proposed complies with the requirements of ITB 4, and that any plant, or
services to be provided by the Subcontractor comply with the requirements
of ITB 5 and ITB 15.1

18. Bid Prices and 18.1 Unless otherwise specified in the BDS and/or Section 5 (Employer’s
Discounts Requirements), bidders shall quote for the entire plant and services on a
“single responsibility” basis such that the total bid price covers all the
Contractor’s obligations mentioned in or to be reasonably inferred from the
bidding document in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction, installation
and completion of the plant. This includes all requirements under the
Contractor’s responsibilities for testing, pre-commissioning and
commissioning of the plant and, where so required by the bidding
document, the acquisition of all permits, approvals and licenses, etc.; the
operation, maintenance and training services and such other items and
services as may be specified in the Bidding Document, all in accordance
with the requirements of the General Conditions. Items against which no
price is entered by the Bidder will not be paid for by the Employer when
executed and shall be deemed to be covered by the prices for other items.

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18.2 Bidders are required to quote the price for the commercial, contractual and
technical obligations outlined in the bidding document. If a Bidder wishes to
make a deviation, such deviation shall be listed in the relevant form in
Section 4 (Bidding Forms). The Bidder shall also provide the additional
price if any, for withdrawal of the deviation.

18.3 Bidders shall give a breakdown of the prices in the manner and detail called
for in the Price Schedules included in Section 4 (Bidding Forms). Where no
different Price Schedules are included in the Bidding Document, bidders
shall present their prices in the following manner: Separate numbered
Schedules included in Section 4 (Bidding Forms) shall be used for each of
the following elements. The total amount from each Schedule (1 to 4) shall
be summarized in a Grand Summary (Schedule 5) giving the total bid
price(s) to be entered in the Bid Form.
Schedule No. 1: Plant (including Mandatory Spare Parts) Supplied from
Abroad
Schedule No. 2: Plant (including Mandatory Spare Parts) Supplied from
within the Employer’s Country
Schedule No. 3: Design Services
Schedule No. 4: Installation and Other Services
Schedule No. 5 Grand Summary (Schedule Nos. 1 to 4)
Schedule No. 6: Spare Parts
Bidders shall note that the plant and equipment included in Schedule Nos. 1
and 2 above exclude materials used for civil, building and other construction
works. All such materials shall be included and priced under Schedule No.
4, Installation and Other Services.

18.4 In the Schedules, bidders shall give the required details and a breakdown of
their prices as follows:
(a) Plant to be supplied from abroad (Schedule No. 1):
(i) the price of the plant shall be quoted as per Incoterms specified in
the BDS
(ii) all custom duties and other taxes paid or payable in the
Employer’s country on the plant if the contract is awarded to the
Bidder; and
(iii) the total price for the plant
(b) Plant supplied from within the Employer’s country (Schedule No. 2):
(i) The price of the plant shall be quoted as per Incoterms specified in
the BDS,
(ii) GST and all other taxes payable in the Purchaser’s country on the

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plant if the contract is awarded to the Bidder, and

(iii) The total price for the plant.
(c) Design Services. (Schedule No. 3).
(d) Installation and other Services shall be quoted separately (Schedule No.
4 & 5) and shall include rates or prices for local transportation,
insurance and other services incidental to delivery of the plant, all labor,
contractor’s equipment, temporary works, materials, consumables and
all matters and things of whatsoever nature, including operations and
maintenance services, the provision of operations and maintenance
manuals, training, etc., where identified in the Bidding Document, as
necessary for the proper execution of the installation and other
services, including all taxes, duties, levies and charges payable in the
Employer’s country as of twenty-eight (28) days prior to the deadline for
submission of bids.

(e) Recommended spare parts shall be quoted separately (Schedule 6) as

specified in either subparagraph (a) or (b) above in accordance with the
origin of the spare parts.

18.5 The current edition of Incoterms, published by the International Chamber of

Commerce shall govern.

18.6 The prices shall be either fixed or adjustable as specified in the BDS.
(a) In the case of Fixed Price, prices quoted by the Bidder shall be fixed
during the Bidder’s performance of the contract and not subject to
variation on any account. A bid submitted with an adjustable price
quotation will be treated as non responsive and rejected.
(b) In the case of Adjustable Price, prices quoted by the Bidder shall be
subject to adjustment during performance of the contract to reflect
changes in the cost elements such as labor, material, transport and
contractor’s equipment in accordance with the procedures specified in
the corresponding Appendix to the Contract Agreement. A bid
submitted with a fixed price quotation will not be rejected, but the price
adjustment will be treated as zero. Bidders are required to indicate the
source of labor and material indices in the corresponding Form in
Section 4 (Bidding Forms).

18.7 If so indicated in BDS 1.1, bids are being invited for individual lots
(contracts) or for any combination of lots (packages). Bidders wishing to
offer any price reduction (discount) for the award of more than one contract
shall specify in their Letter of Price Bid the price reductions applicable to
each package, or alternatively, to individual contracts within the package,
and the manner in which the price reductions will apply.

19. Currencies of 19.1 The currency(ies) of the bid shall be, as specified in the BDS.
Bid and

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Payment

19.2 Bidders shall indicate in the Schedule of Prices and the Letter of Price Bid
the portion of the bid price that corresponds to expenditures incurred in the
currency of the Employer’s country.

19.3 Bidders expecting to incur expenditures in other currencies for inputs to the
Facilities supplied from outside the Employer’s country and wishing to be
paid accordingly, may indicate in the Schedule of Prices and the Letter of
Price Bid up to three foreign currencies of their choice.

20. Period of 20.1 Bids shall remain valid for the period specified in the BDS after the bid
Validity of Bids submission deadline date prescribed by the Employer. A bid valid for a
shorter period shall be rejected by the Employer as non responsive.

20.2 In exceptional circumstances, prior to the expiration of the bid validity period,
the Employer may request Bidders to extend the period of validity of their bids.
The request and the responses shall be made in writing. If a bid security is
requested in accordance with ITB 21, it shall also be extended for a
corresponding period. A Bidder may refuse the request without forfeiting its bid
security. A Bidder granting the request shall not be required or permitted to
modify its bid.

21. Bid Security 21.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its
bid, in original form, either a Bid Securing Declaration or a bid security as
specified in the BDS. In the case of a bid security, the amount shall be as
specified in the BDS.

21.2 The bid security shall be a demand guarantee, at the Bidder’s option, in any
of the following forms:
(a) an unconditional bank guarantee; or
(b) an irrevocable letter of credit; or
(c) a cashier’s or certified check;
from a reputable source from an eligible country. The bid security shall be
submitted either using the Bid Security Form included in Section 4
(Bidding Forms), in the case of a bank guarantee, or in another
substantially similar format approved by the Employer prior to bid
submission. In either case, the form must include the complete name of
the Bidder. The bid security shall be valid for twenty-eight days (28)
beyond the original validity period of the bid, or beyond any period of
extension if requested under ITB 20.2.

21.3 If a bid security is specified, any bid not complying with ITB 21.1 and ITB
21.2, shall be rejected by the Employer as non responsive.

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21.4 If a bid security is specified pursuant to ITB 21.1, the bid security of the
successful Bidder shall be returned as promptly as possible once the
successful Bidder has signed the Contract and furnished the required
performance security.

21.5 If a bid security is specified pursuant to ITB 21.1, the bid security of
unsuccessful Bidders shall be returned as promptly as possible upon the
successful Bidder’s furnishing of the performance security pursuant to ITB
43.

21.6 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bid validity specified by
the Bidder on the Letter of Bid Form, except as provided in ITB 20.2 or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 42;
(ii) furnish a performance security in accordance with ITB 43; or
(iii) furnish a domestic preference security if so required.
21.7 The Bid Security of a JV shall be in the name of the JV that submits the bid.
If the JV has not been legally constituted at the time of bidding, the Bid
Security shall be in the names of all future partners as named in the letter of
intent referred to in ITB 4.1.

21.8 If a bid securing declaration is executed in accordance with ITB 21.1, the
Employer will declare the Bidder ineligible to be awarded a contract by the
Employer for the period of time stated in the Form of Bid Securing
Declaration.

22. Format and 22.1 The Bidder shall prepare one original of the Technical Bid and one original
Signing of Bid of the Price Bid comprising the Bid as described in ITB 11 and clearly mark
it “ORIGINAL - TECHNICAL BID” and “ORIGINAL - PRICE BID”. Alternative
bids, if permitted in accordance with ITB 13, shall be clearly marked
“ALTERNATIVE”. In addition, the Bidder shall submit copies of the bid, in
the number specified in the BDS and clearly mark each of them “COPY.” In
the event of any discrepancy between the original and the copies, the
original shall prevail.

22.2 The original and all copies of the Bid shall be typed or written in indelible ink
and shall be signed by a person duly authorized to sign on behalf of the Bidder.
This authorization shall consist of a written confirmation as specified in the BDS
and shall be attached to the bid. The name and position held by each person
signing the authorization must be typed or printed below the signature. All
pages of the bid where entries or amendments have been made shall be
signed or initialed by the person signing the bid.

22.3 A bid submitted by a JV shall be signed so as to be legally binding on all

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partners.

22.4 Any interlineations, erasures, or overwriting shall be valid only if they are
signed or initialed by the person signing the bid.

D. Submission and Opening of Bids

23. Submission, 23.1 Bidders may submit their bids by mail or by hand. When so specified in the
Sealing and BDS, bidders shall have the option of submitting their bids electronically.
Marking of Bids Procedures for submission, sealing and marking are as follows:
(a) Bidders submitting bids by mail or by hand shall enclose the original
and each copy of the Bid, including alternative bids, if permitted in
accordance with ITB 13, in separate sealed envelopes, duly marking
the envelopes as “ORIGINAL”, “ALTERNATIVE” and “COPY.” These
envelopes containing the original and the copies shall then be enclosed
in one single envelope. The rest of the procedure shall be in
accordance with ITB sub-Clauses 23.2 and 23.3.
(b) Bidders submitting bids electronically shall follow the electronic bid
submission procedures specified in the BDS.

23.2 The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB 24.1; and
(c) bear the specific identification of this bidding process indicated in the
BDS 1.1.

23.3 The outer envelopes and the inner envelopes containing the Technical Bid
shall bear a warning not to open before the time and date for the opening of
Technical Bid, in accordance with ITB Sub-Clause 27.1.

23.4 The inner envelopes containing the Price Bid shall bear a warning not to
open until advised by the Employer in accordance with ITB Sub-Clause
27.7.

23.5 Alternative Bids, if permissible in accordance with ITB Clause 13, shall be
prepared, sealed, marked, and delivered in accordance with the provisions
of ITB Clauses 20 and 21, with the inner envelopes marked in addition
“ALTERNATIVE NO….” as appropriate.

23.6 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the bid.

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24. Deadline for 24.1 Bids must be received by the Employer at the address and no later than the
Submission of date and time indicated in the BDS.
Bids

24.2 The Employer may, at its discretion, extend the deadline for the submission of
bids by amending the Bidding Document in accordance with ITB 8, in which
case all rights and obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as extended.

25. Late Bids 25.1 The Employer shall not consider any bid that arrives after the deadline for
submission of bids, in accordance with ITB 24. Any bid received by the
Employer after the deadline for submission of bids shall be declared late,
rejected, and returned unopened to the Bidder.

26. Withdrawal, 26.1 A Bidder may withdraw, substitute, or modify its bid after it has been submitted
Substitution, by sending a written notice, duly signed by an authorized representative, and
and shall include a copy of the authorization in accordance with ITB 22.2, (except
Modification of that withdrawal notices do not require copies). The corresponding substitution
Bids or modification of the bid must accompany the respective written notice. All
notices must be:
(a) prepared and submitted in accordance with ITB 22 and ITB 23 (except
that withdrawals notices do not require copies), and in addition, the
respective envelopes shall be clearly marked “Withdrawal,”
“Substitution,” “Modification;” and
(b) received by the Employer prior to the deadline prescribed for submission
of bids, in accordance with ITB 24.

26.2 Bids requested to be withdrawn in accordance with ITB 26.1 shall be returned
unopened to the Bidders.

26.3 No bid may be withdrawn, substituted, or modified in the interval between the
deadline for submission of bids and the expiration of the period of bid validity
specified by the Bidder on the Letter of Technical Bid or any extension thereof.

27. Bid Opening 27.1 The Employer shall conduct the opening of Technical Bids in the presence of
Bidders` designated representatives who choose to attend, and at the address,
date and time specified in the BDS. Any specific electronic bid opening
procedures required if electronic bidding is permitted in accordance with ITB
Sub-clause 23.1, shall be as specified in the BDS. The Price Bids will remain
unopened and will be held in custody of the Employer until the specified
time of their opening. If the Technical Bid and the Price Bid are submitted
together in one envelope, the Employer may reject the entire Bid.
Alternatively, the Price Proposal may be immediately resealed for later
evaluation.

27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out
and the envelope with the corresponding bid shall not be opened, but

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returned to the Bidder. No bid withdrawal shall be permitted unless the

corresponding withdrawal notice contains a valid authorization to request
the withdrawal and is read out at bid opening.

27.3 Second, outer envelopes marked “SUBSTITUTION” shall be opened. The

inner envelopes containing the Substitution Technical Bid and/or
Substitution Price Bid shall be exchanged for the corresponding envelopes
being substituted, which are to be returned to the Bidder unopened. Only
the Substitution Technical Bid, if any, shall be opened, read out, and
recorded. Substitution Price Bid will remain unopened in accordance with
ITB Sub-Clause 27.1. No envelope shall be substituted unless the
corresponding Substitution Notice contains a valid authorization to request
the substitution and is read out and recorded at bid opening.

27.4 Next, outer envelopes marked “MODIFICATION” shall be opened. No

Technical Bid and/or Price Bid shall be modified unless the corresponding
Modification Notice contains a valid authorization to request the
modification and is read out and recorded at the opening of Technical Bids.
Only the Technical Bids, both Original as well as Modification, are to be
opened, read out, and recorded at the opening. Price Bids, both Original as
well as Modification, will remain unopened in accordance with ITB Sub-
Clause 27.1.

27.5 All other envelopes holding the Technical Bids shall be opened one at a time,
and the following read out and recorded:
(a) the name of the Bidder;
(b) whether there is a modification or substitution;
(c) the presence of a Bid Security, if required; and
(d) any other details as the Employer may consider appropriate.
Only Technical Bids and alternative Technical Bids read out and recorded at
bid opening shall be considered for evaluation. No Bid shall be rejected at
the opening of Technical Bids except for late bids, in accordance with ITB
Sub-Clause 25.1.

27.6 The Employer shall prepare a record of the opening of Technical Bids that
shall include, as a minimum: the name of the Bidder and whether there is a
withdrawal, substitution, or modification; and alternative proposals; and the
presence or absence of a bid security or a bid securing declaration, if one
was required. The Bidders’ representatives who are present shall be
requested to sign the record. The omission of a Bidder’s signature on the
record shall not invalidate the contents and effect of the record. A copy of
the record shall be distributed to all Bidders who submitted bids in time, and
posted online when electronic bidding is permitted.

27.7 At the end of the evaluation of the Technical Bids, the Employer will invite
bidders who have submitted substantially responsive Technical Bids and
who have been determined as being qualified for award to attend the

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opening of the Price Bids. The date, time, and location of the opening of
Price Bids will be advised in writing by the Employer. Bidders shall be given
reasonable notice of the opening of Price Bids.

27.8 The Employer will notify Bidders in writing who have been rejected on the
grounds of their Technical Bids being substantially non-responsive to the
requirements of the Bidding Document and return their Price Bids
unopened.

27.9 The Employer shall conduct the opening of Price Bids of all Bidders who
submitted substantially responsive Technical Bids, in the presence of
Bidders` representatives who choose to attend at the address, date and
time specified by the Employer. The Bidder’s representatives who are
present shall be requested to sign a register evidencing their attendance.
27.10 All envelopes containing Price Bids shall be opened one at a time and the
following read out and recorded:
(a) the name of the Bidder;
(b) whether there is a modification or substitution;
(c) the Bid Prices, including any discounts and alternative offers; and
(d) any other details as the Employer may consider appropriate.
Only Price Bids, discounts, and alternative offers read out and recorded
during the opening of Price Bids shall be considered for evaluation. No Bid
shall be rejected at the opening of Price Bids.

27.11 The Employer shall prepare a record of the opening of Price Bids that shall
include, as a minimum: the name of the Bidder, the Bid Price (per lot if
applicable), any discounts, and alternative offers. The Bidders’
representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the
contents and effect of the record. A copy of the record shall be distributed
to all Bidders who submitted bids in time, and posted online when electronic
bidding is permitted.
E. Evaluation and Comparison of Bids
28. Confidentiality 28.1 Information relating to the evaluation of bids and recommendation of contract
award, shall not be disclosed to Bidders or any other persons not officially
concerned with such process until information on Contract award is
communicated to all Bidders.

28.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids
or Contract award decisions may result in the rejection of its bid.

28.3 Notwithstanding ITB 28.2, from the time of bid opening to the time of Contract
award, if any Bidder wishes to contact the Employer on any matter related to
the bidding process, it should do so in writing.

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29. Clarification of 29.1 To assist in the examination, evaluation, and comparison of the Technical and
Bids Price Bids, and qualification of the Bidders, the Employer may, at its discretion,
ask any Bidder for a clarification of its bid. Any clarification submitted by a
Bidder that is not in response to a request by the Employer shall not be
considered. The Employer’s request for clarification and the response shall be
in writing. No change in the substance of the Technical Bid or prices in the
Price Bid shall be sought, offered, or permitted, except to confirm the correction
of arithmetic errors discovered by the Employer in the evaluation of the bids, in
accordance with ITB 36.

29.2 If a Bidder does not provide clarifications of its bid by the date and time set in
the Employer’s request for clarification, its bid may be rejected.

30. Deviations, 30.1 During the evaluation of bids, the following definitions apply:
Reservations,
and Omissions (a) “Deviation” is a departure from the requirements specified in the Bidding
Document;
(b) “Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirements specified in the Bidding
Document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.

31. Preliminary 31.1 The Employer shall examine the Technical Bid to confirm that all
Examination documents and technical documentation requested in ITB Sub-Clause 11.2
of Technical have been provided, and to determine the completeness of each document
Bids submitted. If any of these documents or information is missing, the Bid may
be rejected.

31.2 The Employer shall confirm that the following documents and information
have been provided in the Technical Bid. If any of these documents or
information is missing, the offer shall be rejected.
(a) Letter of Technical Bid;
(b) written confirmation of authorization to commit the Bidder;
(c) Bid Security, if applicable; and
(d) Technical Proposal in accordance with ITB 17.

32. Responsivenes 32.1 The Employer’s determination of a bid’s responsiveness is to be based on the
s of Technical contents of the bid itself, as defined in ITB.11.
Bid

32.2 A substantially responsive Technical Bid is one that meets the requirements of
the Bidding Document without material deviation, reservation, or omission. A
material deviation, reservation, or omission is one that,

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-21

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or performance of
the plant and services specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employer’s rights or the Bidder’s obligations under
the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive bids.

32.3 The Employer shall examine the technical aspects of the Bid submitted in
accordance with ITB 17, Technical Proposal, in particular to confirm that all
requirements of Section 6 (Employer’s Requirements) have been met without
any material deviation or reservation.

32.4 If a bid is not substantially responsive to the requirements of the Bidding

Document, it shall be rejected by the Employer and may not subsequently be
made responsive by correction of the material deviation, reservation, or
omission.

33. Nonmaterial 33.1 Provided that a Bid is substantially responsive, the Employer may waive any
Nonconformities nonconformities in the bid that do not constitute a material deviation,
reservation or omission.

33.2 Provided that a Bid is substantially responsive, the Employer may request
that the Bidder submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial nonconformities in the Bid
related to documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to any aspect
of the Price Bid. Failure of the Bidder to comply with the request may result
in the rejection of its Bid.

33.3 Provided that a Bid is substantially responsive, the Employer shall rectify
nonmaterial nonconformities related to the Bid Price. To this effect, the Bid
Price shall be adjusted, for comparison purposes only, to reflect the price of
a missing or non-conforming item or component. The adjustment shall be
made using the method indicated in Section 3 (Evaluation and Qualification
Criteria).

34. Detailed 34.1 The Employer will carry out a detailed technical evaluation of the bids not
Evaluation of previously rejected as being substantially non-responsive, in order to
Technical Bids determine whether the technical aspects are in compliance with the Bidding
Document. In order to reach such a determination, the Employer will
examine and compare the technical aspects of the bids on the basis of the
information supplied by the bidders, taking into account the following:
(a) overall completeness and compliance with the Employer’s
Requirements; deviations from the Employer’s Requirements;

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-22

conformity of the plant and services offered with specified performance

criteria; suitability of the plant and services offered in relation to the
environmental and climatic conditions prevailing at the site; and quality,
function and operation of any process control concept included in the
bid. The bid that does not meet minimum acceptable standards of
completeness, consistency and detail will be rejected for
nonresponsiveness;
(b) type, quantity and long-term availability of mandatory and recommended
spare parts and maintenance services; and
(c) other relevant factors, if any, listed in Section 3 (Evaluation and
Qualification Criteria).

34.2 Where alternative technical solutions have been allowed in accordance with
ITB 13, and offered by the Bidder, the Employer will make a similar evaluation
of the alternatives. Where alternatives have not been allowed but have been
offered, they shall be ignored.

35. Eligibility and 35.1 The Employer shall determine to its satisfaction during the evaluation of
Qualification of Technical Bids whether a Bidder meets the eligibility and qualifying criteria
the Bidder specified in Section 3 (Evaluation and Qualification Criteria).

35.2 The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to
ITB 15.

35.3 An affirmative determination shall be a prerequisite for the opening and

evaluation of a Bidder’s Price Bid. A negative determination shall result into
the disqualification of the Bid, in which event the Employer shall return the
unopened Price Bid to the Bidder.

35.4 The capabilities of the manufacturers and subcontractors proposed in its Bid to
be used by the Bidder will also be evaluated for acceptability in accordance
with Section 3 (Evaluation and Qualification Criteria). Their participation should
be confirmed with a letter of intent between the parties, as needed. Should a
manufacturer or subcontractor be determined to be unacceptable, the Bid will
not be rejected, but the Bidder will be required to substitute an acceptable
manufacturer or subcontractor without any change to the bid price. Prior to
signing the Contract, the corresponding Appendix to the Contract Agreement
shall be completed, listing the approved manufacturers or subcontractors for
each item concerned.

36. Correction of 36.1 During the evaluation of Price Bids, the Employer shall correct arithmetical
Arithmetical errors on the following basis:
Errors
(a) where there are errors between the total of the amounts given under the
column for the price breakdown and the amount given under the Total
Price, the former shall prevail and the latter will be corrected

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-23

accordingly;
(b) where there are errors between the total of the amounts of Schedule
Nos. 1 to 4 and the amount given in Schedule No. 5 (Grand Summary),
the former shall prevail and the latter will be corrected accordingly; and
(c) if there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is related to
an arithmetical error, in which case the amount in figures shall prevail
subject to (a) and (b) above.

36.2 If the Bidder that submitted the lowest evaluated bid does not accept the
correction of errors, its bid shall be disqualified and its bid security may be
forfeited or its bid securing declaration executed.

37. Conversion to 37.1 For evaluation and comparison purposes, the currency(ies) of the bid shall be
Single converted into a single currency as specified in the BDS .
Currency

38. Margin of 38.1 Unless otherwise specified in the BDS, a margin of preference shall not apply.
Preference

39. Evaluation of 39.1 The Employer shall use the criteria and methodologies listed in this Clause.
Price Bids No other evaluation criteria or methodologies shall be permitted.

39.2 To evaluate a Price Bid, the Employer shall consider the following:
(a) the bid price, excluding provisional sums and the provision, if any, for
contingencies in the Price Schedules;
(b) price adjustment for correction of arithmetical errors in accordance with
ITB 36.1;
(c) price adjustment due to discounts offered in accordance with ITB 18.7;
(d) converting the amount resulting from applying (a) to (c) above, if
relevant, to a single currency in accordance with ITB 37; and
(e) the evaluation factors indicated in Section 3 (Evaluation and
Qualification Criteria).

39.3 If price adjustment is allowed in accordance with ITB 18.6, the estimated effect
of the price adjustment provisions of the Conditions of Contract, applied over
the period of execution of the Contract, shall not be taken into account in bid
evaluation.

39.4 If this Bidding Document allows Bidders to quote separate prices for different
lots (contracts), and the award to a single Bidder of multiple lots (contracts), the
methodology to determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter of Price Bid, is
specified in Section 3 (Evaluation and Qualification Criteria).

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-24

39.5 If the bid, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded in the opinion of the Employer, the Employer may
require the Bidder to produce detailed price analyses for any or all items of the
Price Schedules, to demonstrate the internal consistency of those prices with
the methods and time schedule proposed. After evaluation of the price
analyses, taking into consideration the terms of payments, the Employer may
require that the amount of the performance security be increased at the
expense of the Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder under the
Contract.

40. Comparison of 40.1 The Employer shall compare all substantially responsive Bids to determine the
Bids lowest evaluated bid, in accordance with ITB 39.2.

41. Employer’s 41.1 The Employer reserves the right to accept or reject any bid, and to annul the
Right to Accept bidding process and reject all bids at any time prior to contract award, without
Any Bid, and to thereby incurring any liability to Bidders. In case of annulment, all bids
Reject Any or submitted and specifically, bid securities, shall be promptly returned to the
All Bids Bidders.

F. Award of Contract
42. Award Criteria 42.1 The Employer shall award the Contract to the Bidder whose offer has been
determined to be the lowest evaluated bid and is substantially responsive to the
Bidding Document, provided further that the Bidder is determined to be eligible
and qualified to perform the Contract satisfactorily.

42.2 The Employer reserves the right to accept any of the deviations submitted in
accordance with ITB 18.2 by the lowest evaluated bidder, at the price shown for
the deviation in the bid.

43. Notification of 43.1 Prior to the expiration of the period of bid validity, the Employer shall notify the
Award successful Bidder, in writing, that its bid has been accepted. The notification
letter (hereinafter and in the Conditions of Contract and Contract Forms called
the “Letter of Acceptance”) shall specify the sum that the Employer will pay the
Contractor in consideration of the execution and completion of the plant and
services (hereinafter and in the Conditions of Contract and Contract Forms
called “the Contract Price”).

43.2 At the same time, the Employer will publish in an English language
newspaper or well-known freely accessible website the results identifying
the bid and lot numbers and the following information: (i) name of each
Bidder who submitted a Bid; (ii) bid prices as read out at bid opening; (iii)
name and evaluated prices of each Bid that was evaluated; (iv) name of
bidders whose bids were rejected and the reasons for their rejection; and
(v) name of the winning Bidder, and the price it offered, as well as the
duration and summary scope of the contract awarded. After publication of
the award, unsuccessful bidders may request in writing to the Employer for

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 1 - Instructions to Bidders 1-25

a debriefing seeking explanations on the grounds on which their bids were

not selected. The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after Publication of contract award, requests a
debriefing.

43.3 Until a formal contract is prepared and executed, the notification of award shall
constitute a binding Contract.

43.4 The Employer shall promptly respond in writing to any unsuccessful Bidder
who, after notification of award in accordance with ITB 43.1, requests in writing
the grounds on which its bid was not selected.

44. Signing of 44.1 Promptly after notification, the Employer shall send the successful Bidder the
Contract Contract Agreement.

44.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the
successful Bidder shall sign, date, and return it to the Employer.

45. Performance 45.1 Within twenty-eight (28) days of the receipt of notification of award from the
Security Employer, the successful Bidder shall furnish the performance security in
accordance with the conditions of contract, subject to ITB 39.5, using for that
purpose the Performance Security Form included in Section 9 (Contract
Forms), or another form acceptable to the Employer. If the institution issuing
the performance security is located outside the country of the Employer, it
shall have a correspondent financial institution located in the country of the
Employer to make it enforceable.

45.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or sign the Contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the bid security or
execution of the bid securing declaration. In that event the Employer may
award the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be qualified
to perform the Contract satisfactorily.

45.3 The above provision shall also apply to the furnishing of a domestic
preference security if so required.

Bidding Document for RVPN /ICB-6 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-1

Section 2 – Bid Data Sheet

A. Introduction

The number of the Invitation for Bids is: RVPN /KfW/ICB-7

ITB 1.1
The Employer is:
Rajasthan Rajya Vidyut Prasaran Nigam Limited
The name of the ICB is: CONSTRUCTION OF

Construction of 220kV D/C Akal-Jaisalmer-2line – 75kMs.

The identification number of the ICB is:
RVPN /KfW/ ICB-7

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-2

The Borrower is:

ITB 2.1
INDIA

The name of the Project is:

Rajasthan Renewable Energy Transmission Program ( Green Energy

Corridors)

ITB 3.1 Following is deleted:

(c)
will sanction a firm or an individual, at any time, in accordance with KfW’s
Anticorruption Policy and Integrity Principles and Guidelines (both as
amended from time to time), including declaring ineligible, either
indefinitely or for a stated period of time, to participate in KfW-financed or
KfW-administered activities or to benefit from an KfW-financed or KfW-
administered contract, financially or otherwise, if it at any time determines
that the firm or individual has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, or coercive or other prohibited practices.

ITB 3.3 Following is added:

All parties involved in a procurement process financed under Financial

Cooperation must ensure a fair and transparent competition and at least
observe those ILO Core Labour Standards that have been ratified by the
partner country. This must be documented by a corresponding
declaration of undertaking (Annexure at section 4 Bidding Forms) of all
parties involved in the bidding process. The declaration of undertaking
must be signed in a legally binding manner by duly authorized
representatives of the bidder. Failure to submit this declaration and non-
compliance with the requirements will lead to exclusion from the tender.

ITB 4.1 In case of Joint Venture, the contractor shall furnish the Joint Venture
(c ) agreement as per the format Joint Venture Agreement in Section-4 i.e.
Bidding Forms.

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-3

ITB 4.3 Following is added:

(g)
A Bidder or any of its affiliates has been hired (or is proposed to be hired)
by the Employer or the Borrower as Project Manager for the contract.

B. Bidding Documents

ITB 7.1 For clarification purposes only, the Employer’s address is:

Rajasthan Rajya Vidyut Prasaran Nigam Limited,

MM Building of RVPN, Old Power House Premises(back Side), Near

Ram Mandir, Bani Park, Jaipur-302006.

Kind Attn.: Superintending Engineers (Contract-II)

Telephone Nos.: (Thru PBX) (0)141-2209847/2209609

Electronic mail address: [email protected]

ITB 7.4 A Pre-Bid meeting will take place for which time and date will be
intimated on E-procurement portal.
A Site visit conducted by the Employer shall not be organized.

C. Preparation of Bids

ITB9.1 Following is added :

Cost of Bidding documents- Rs.15,000.00 (Rs. Fifteen Thousand only) or

USD 235.00 (USD Two Hundred and thirty Five only)+GST@18%
only

Processing Fee of RISL- Rs. 1000.00 ( RS. One Thousand Only)

In case if notification issued by RISL, applicable GST shall also be

payable by the bidder

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-4

ITB 11.1
Documents comprising the Bid: Existing clause replaced as under.

The bid shall be submitted in time on http://eproc.rajasthan.gov.in in

electronic format in the following manner:
I. COVER–I

for details of BID Security, Tender Processing Fee and Cost

of Tender document (to be filed in pdf format).

II. COVER–II
for Techno- Commercial Bid (to be filed in pdf format)

In this part of bid, tenderer will have to furnish Guaranteed

Technical Particulars in regard to all requirement details of
Technical Specification (Volume-II) and confirmation of
commercial terms and conditions of GCC and SCC
(General Conditions of Contract and Special conditions of
Contract) along with details required in various schedules
so that the purchaser may be able to examine whether the
offer submitted is technically acceptable and also confirm to
our commercial terms and conditions or not.

III. COVER–III
Financial/ Price Bid (to be filed in pdf & xls format)
This part of bid covers Financial/Price Bid (to be filed in pdf
& .xls format) which include submission of details of prices
as per Schedule- 1 to 3 of the specification. The bidder
shall ensure that his bid is furnished/ submitted strictly in
the manner detailed in the Specification.
k) All bids and accompanying documents shall be addressed to
The Superintending Engineers (Contract-II) Rajasthan Rajya
Vidyut Prasaran Nigam Limited, New MM Building of RVPN,
Near Ram Mandir, Bani Park, Jaipur- 302006
l) The bidder should sign the tender documents digitally and
stamped on each page.
m) The bids/quotations given in the form other than prescribed
form will not be considered.

ITB 11.2 The following to be added

(k)
“The Bidder shall submit with its Technical Bid the following additional
documents:

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-5

For bidder from Employer’s Country For Foreign Bidders

1. Company Registration/Factory 1. Company Registration/Factory
Registration/License Details Registration/License Details
2. GST Registration No. date/ 2. GST Registration No. date/
issuing authority issuing authority before
signing of contract in case
the Bidder is awarded the
Contract (*)
3. Provident Fund registration 3. Provident Fund registration
no. date/ issuing authority no. date/ issuing authority
before signing of contract in
case the Bidder is awarded
the Contract (*)
4. Income Tax Registration No. (*) The Bidder does not have to
date/ issuing authority submit these documents with
its Technical Bid but should
submit them before signing
of contract in case the Bidder
is awarded the Contract.

ITB 13.1 Alternative bids shall not be permitted.

ITB 13.2 Alternatives to the Time Schedule shall not be permitted.

ITB 13.4 Alternative technical solutions shall not be permitted for the any parts of
the plant and services.

ITB 16.1 The period following completion of plant and services in accordance with
(b) provisions of contract shall be Five years.

Supplement Clause with information regarding treatment on any Brand

ITB 16.1 Name mentioned in the bid document:
(c) BRAND NAMES
i) The specific reference in these specifications and documents to
any material/equipment by brand name, make or catalogue
number (except the approved vendors/ makes prescribed) shall be
construed as establishing standards of quality and performance
and not as limiting competition. However, Bidders may offer other
similar material/equipment provided they meet the specified
standard, design and performance requirements. The bidder shall

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-6

furnish adequate technical information about such

material/equipment to enable the Employer to determine its
acceptability. The Employer shall be the sole judge on the
acceptability or otherwise of such material/equipment.
ii) The Bidder shall note that standards for workmanship, material
and equipment, and reference to brand name or catalogue
numbers designated by the Employer in its Technical
Specifications wherever appearing are intended to be
descriptive only and not restrictive. The Bidder may substitute
alternative standards, brand name and/or catalogue numbers
in its bid, provided that it demonstrates to the Employer's
satisfaction that the substitutions are substantially equivalent or
superior to those designed in the Technical Specification. The
Bidder will have to get approved the vendors list/brand name
for ensuring best quality and workmanship of products.

ITB 18.1 Add: Bidders shall quote for complete lot/package as indicated in bidding
documents excluding ACSR Zebra/Panther Conductor (As per
Requirement )

ITB 18.2 No deviations are allowed.

ITB 18.3 Replace the existing clause by the following:

The price schedules (Schedule-BoQ1 to Schedule-BoQ3) will comprise the

schedules listed below. Separate numbered schedules included in
Section-IV, Bidding Forms, as mentioned below, shall be used for each of
the elements of the Plant and Installation Services. The total amount from
each Schedule corresponding to an element of the Plant and Installation
Services shall be summarized, giving the total bid prices (s) to be entered
in the Letter of Bid.

Price Schedules:

Schedule-BoQ1 :Total cost towards Plant & Equipment (including Mandatory

Spare Parts) Supplied from Abroad including all taxes,
duties, levies & F&I charges etc, for lot I: Construction of
220kV D/C Akal-Jaisalmer-2 line – 75kMs. (On turnkey

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-7

basis)

Schedule-BoQ2 :Total cost towards Plant & Equipment (including Mandatory

Spare Parts) Supplied from within the Employer’s Country
including F&I charges and GST etc for lot I: Construction of
220kV D/C Akal-Jaisalmer-2 line – 75kMs. ( On turnkey
basis)

Schedule-BoQ3:Total cost towards installation and other services of

material/equipments including GST lot I: Construction of
220kV D/C Akal-Jaisalmer-2 line – 75kMs. ( On turnkey
basis)

ITB The Incoterm for quoting plant to be supplied from abroad is: CIP named
18.4(a) (i) place of destination basis i.e site at :

Akal, Jaisalmer-2

ITB The Incoterm for quoting plant to be supplied from within the Employer’s
18.4(b)(i) country is: (EXW). The transportation and insurance of the supplies of
material is up to site.

The bidders are required to ascertain on their own availability of Deemed

ITB
Export benefit. They are solely responsible for obtaining such benefits,
18.4(b)(iv
which they have considered in their bids and in case of failure to receive
)
such benefits for reasons whatsoever, including change in government of
India export and import policy, the Employer will not compensate the
bidder.

ITB 18.6 The prices quoted by the Bidder shall be Item Rate basis on VARIABLE
Price as applicable.

ITB 19.1 The prices for Plant & Equipment (including Mandatory Spare Parts)
Supplied from Abroad shall be quoted either in the currency of the
Employer’s country, or in United States Dollars or in EURO.
The payment of the Plant & Equipment (including Mandatory Spare
Parts) Supplied from Abroad shall be made in the quoted currency
(The exchange rate for payment will be market rate at the time of
payment from reference source as per clause No.ITB-37.1 given in
BDS).

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-8

The contract expenditures related to Plant & Equipment (including

Mandatory Spare Parts) Supplied from within the Employer’s
Country, Installation and Other Services are to be incurred in the
local currency (Indian Rupees) of Employer's country, such
expenditures shall be quoted in local currency (Indian Rupees).

ITB 20.1 The bid validity period shall be 180 days after the date of opening of the
Technical Bid.

ITB 21.1 The bidder shall furnish a bid security in the amount of INR 4.843 Million
or USD 0.075 Million
If the Bidder’s Bid Security is for an amount less than the amount
specified above, its Bid shall be rejected.
The type of acceptable Bid Security is that of a bank guarantee issued by
a reputable bank located in the Employer’s/Purchaser’s country
in the format included in Section 4: Bidding Forms and acceptable to
purchaser valid up to 208 (180+28) days from the date of opening of the
technical bid. If the Bid Security is issued by a bank located outside the
Purchaser’s country, it shall have a correspondent bank located in the
Purchaser’s country to make it easily enforceable.

ITB 22.1 Existing clause deleted. The bidder shall prepare and sign the bid as
detailed at clause ITB11.1 and ITB 24.1 of Bid Data Sheet.

ITB 22.2 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of:
Power of Attorney, which should be :-
(a) either notarized or
(b) attested to by the an appropriate authority in the Bidder’s home
country or authenticated Board Resolution to be signed by a
person having a power of attorney of the company.
Deficient authorization will not be acceptable in any case.

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-9

D. Submission and Opening of Bids

ITB 23.1 Existing Clause replaced as under:

Bidders shall submit their bids in electronic format. No other mode of bid
submission shall be accepted. The bidders, whose techno-commercial
bid is opened successfully on prescribed date and time, shall also submit
one hard copy of techno-commercial bid for reference purpose within
three (3) days after opening of techno-commercial bid. However the
details furnished in electronic format shall prevail.

ITB 24.1 For bid submission purposes only, the Employer’s address is

Rajasthan Rajya Vidyut Prasaran Nigam Limited, New MM Building of

RVPN, Near Ram Mandir, Bani Park, Jaipur- 302006

Kind Attn.: Superintending Engineer (Contracts-II))

Telephone Nos.: (0)141-2209847/2209609
Electronic mail address: [email protected]
IMPORTANT DATES:

S. Events Date & Time Location

No.
(i) Date of From 22.12.2017 http://eproc.rajasthan.g
downloading of (10.00 AM) ov.in
tender to 07.02.2018
specification (6.00 PM)
(ii) Deposit of Cost of Up to 07.02.2018 Office of the
Tender (03.00 PM) Superintending
Specification, Engineer (Contract-II),
Processing Fee Rajasthan Rajya
and Bid Security . Vidyut Prasaran Nigam
Limited,
New MM Building of
RVPN, Near Ram
Mandir, Bani Park,
Jaipur- 302006
(iii) Last date & time Up to 07.02.2018 http://eproc.rajasthan.g
of submission of (6.00 PM) ov.in
electronic bid
(iv) Opening of On 08.02.2018 http://eproc.rajasthan.g
Technical Bid (11.00 AM) ov.in

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-10

(v) Opening of Price To be intimated to the http://eproc.rajasthan.g

Bid qualified bidders ov.in
through e-procurement
portal

1. The bidders are requested to submit their bids prior to last

date of submission to avoid Non-submission of their bids up
to prescribed date & time due to non-availability / hanging of
website at last moments or any reason whatsoever. The last
date of submission of bids will not be extended on such
accounts.

2. Furnishing of Bid Security as per Clause No.21 of ITB of this

specification & proof for deposit of Bid Security, e-tender
processing fees & cost of bidding document before techno-
commercial bid opening is essential otherwise the techno-
commercial bid in electronic form (Cover- II and III) will not be
opened.

3. (i) The bidder will have to deposit prescribed cost of bidding

document (Non-refundable) by DD / Banker’s Cheque payable in
favour of the Accounts Officer (P&C-I), RVPN, Jaipur up to
stipulated date & time in the office of the Superintending Engineer
(Contract-II), RRVPNL, New MM Building of RVPN, Near Ram
Mandir, Bani Park, Jaipur- 302006 and obtain a receipt thereof
and they shall up load the receipt along with their online bid.

(ii) The bidder will have to deposit bid security Bond up to

stipulated date & time in the office of the Superintending Engineer
(Contract-II), RRVPNL, New MM Building of RVPN, Near Ram
Mandir, Bani Park, Jaipur- 302006 and obtain a receipt thereof
and they shall up load the receipt along with their online bid.

(iii) The bidder will have to deposit prescribed Processing Fee

(Non-refundable) by DD / Banker’s Cheque in favour of Managing
Director, RISL, payable at Jaipur up to stipulated date & time in
the office of the Superintending Engineer (Contract-II), RRVPNL,
New MM Building of RVPN, Near Ram Mandir, Bani Park, Jaipur-
302006 and obtain an acknowledgement thereof and they shall up
load the acknowledgement along with their online bid.

4. The bidder shall ensure that his bid is submitted / furnished

strictly in the manner detailed in the bidding documents.
5. The bidders should provide complete information at the time of

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-11

submission of bid. However, if the bidders are asked to furnish

some clarification / confirmation / documents, the bidders are
required to furnish the same within specified time failing which
the case shall be finalized / decided on the basis of available
information. The responsibility of their bid being ignored on
account of delay in furnishing of desired information / documents
shall be of the bidder.

6. All bidding documents shall essentially be signed digitally and

submitted on http://eproc.rajasthan.gov.in in time as per
checklist provided with the bidding document. The checklist
along with relevant page nos. shall also be submitted with the bid.

7. The bidding document can be downloaded from web

site http://eproc.rajasthan.gov.in. Details of this bid notification
can also be seen in NIT exhibited on website www.rvpn.co.in
and www.rajenergy.com. Bids are to be submitted online in
electronic format only on website http://eproc.rajasthan.gov.in.

8. The bidders who are interested in bidding can download bidding

documents from http://eproc.rajasthan.gov.in up to the
stipulated date & time.

9. Bidders who wish to participate in this bid enquiry will have to

register on http://eproc.rajasthan.gov.in (bidders registered on
eproc.rajasthan.gov.in before 30.09.2011 need to be registered
again). To participate in online bids, bidders will have to procure
Digital Signature Certificate (Type – II or Type – III) as per
Information Technology Act, 2000 using which they can sign their
electronic bids. Bidders can procure the same from any CCA
approved certifying agency i.e. TCS, Safe crypt, Ncode, etc. or
they may contact e-Procurement Cell, Department of IT & C,
Government of Rajasthan on the following address for further
assistance.

Contact No.: 0141 – 4022688 (Help desk 10.00 AM to 6.00 PM

on all working days)
e-mail id. : [email protected]
Address : e-Procurement Cell, RISL, Yojana Bhawan, Tila
Marg, C-Scheme, Jaipur

Bidders who already have a valid Digital Certificate need not

procure a new Digital Certificate.

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-12

ITB 27.1 The bid opening of Bids shall take place at

Street Address: New MM Building of RVPN, Near Ram Mandir, Bani
Park, Jaipur- 302006
Floor/Room number: First Floor, Room No. 207
City : Jaipur
Country: India

E. Evaluation and Comparison of Bids

ITB 37.1 The currency that shall be used for bid evaluation and comparison
purposes to convert all bid prices expressed in various currencies into a
single currency is: Indian Rupee.

The source of the selling exchange rate shall be: Telegraphic Transfer
Selling Rate of Union Bank of India in India

The date for the selling exchange rate shall be 28 days prior to the
original dead line for bid submission as stipulated in ITB 24.1 in this
section of bidding document.

ITB 38.1 A margin of preference shall not apply.

ITB 43.1 Prior to the expiration of the period of bid validity and after KfW No
Objection to the bid evaluation report and award proposal, the Employer
shall notify the successful Bidder, in writing, that its bid has been
accepted. The notification letter shall be formal information to the L1
Bidder (best-ranked Bidder) about the acceptance of his bid.It shall
specify the sum that the Employer will pay the Contractor in consideration
of the execution and completion of the plant and services (hereinafter
and in the Conditions of Contract and Contract Forms called “the
Contract Price”).

Promptly after issuance of the notification letter the finalized draft contract
will be submitted to KfW for No-Objection. After receipt of this No-
Objection, the Employer shall notify to the successful bidder, in writing,
the formal acceptance of the contract (hereinafter and in the Conditions
of Contract and Contract Forms called the “Letter of Acceptance”).

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-13

ITB 43.2 At the same time of issuance of the Letter of Acceptance, the Employer
will publish in an English language newspaper or well-known freely
accessible website the results identifying the bid and lot numbers and the
following information: (i) name of each Bidder who submitted a Bid; (ii)
bid prices as read out at bid opening; (iii) name and evaluated prices of
each Bid that was evaluated; (iv) name of bidders whose bids were
rejected and the reasons for their rejection; and (v) name of the winning
Bidder, and the price it offered, as well as the duration and summary
scope of the contract awarded. After publication of the award,
unsuccessful bidders may request in writing to the Employer for a
debriefing seeking explanations on the grounds on which their bids were
not selected. The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after Publication of contract award, requests a
debriefing.

ITB 43.2 The details shall be hosted on RVPN’s website www.rvpn.co.in.

Cont’d

ITB 43.3 Until a formal contract is prepared and executed, the notification of award
shall constitute a binding Contract, subject to No Objection by KfW to the
Draft Contract to be signed. KfW funding for this contract is subject to the
signing of the contract agreement by all contracting parties.

ITB 44.1 Promptly after notification, the successful bidder shall send Contract
Agreement to the Employer.

ITB 44.2 The contract shall be signed at Employer’s/Purchaser’s office at Jaipur.

Following is added:- GOODS AND SERVICE TAX (GST):

The Rajasthan RajyaVidyutPrasaran Nigam Ltd., is registered under GST
law in the Rajasthan State vide No. 08AABCR8312A1ZT and all the
provisions of the GST law related to supply of Goods and Services are
applicable.

If it is statutory requirement to make any deductions towards taxes and

duties, the same shall be made by the RVPN and a certificate as per
statutory requirement for the same shall be issued to the supplier.

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 2 - Bid Data Sheet 2-14

Bidding Document for RVPN /KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 3 - Evaluation and Qualification Criteria 3-1

Section 3 - Evaluation and Qualification Criteria

This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders.
In accordance with ITB 34 and ITB 35, no other methods, criteria and factors shall be used. The
Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms).

Table of Criteria
1.  Evaluation.................................................................................................................................................. 2 
1.1  Technical Evaluation ............................................................................................................................ 2 
1.2  Economic Evaluation ........................................................................................................................... 2 
1.2.1  Quantifiable Deviations and Omissions ......................................................................................... 2 
1.2.2  Time Schedule .................................................................................................................................. 2 
1.2.3  Work, services, facilities, etc., to be provided by the Employer ................................................. 3 
1.2.4  Specific additional criteria ............................................................................................................... 3 
1.3  Technical Alternatives ......................................................................................................................... 3
2.  Qualification .............................................................................................................................................. 4 
2.1  Eligibility ................................................................................................................................................ 4 
2.1.1 Nationality .............................................................................................................................................. 4 
2.1.2  Conflict of Interest ............................................................................................................................ 4 
2.1.3  KfW Eligibility.................................................................................................................................... 4 
2.1.4  Government-owned Entity ............................................................................................................... 4 
2.1.5  UN Eligibility...................................................................................................................................... 4 
2.2  Pending Litigation ................................................................................................................................ 5

2.3 (A) Financial Situation ( Construction of 220kV D/C Akal-Jaisalmer-2 line – 75kMs) 

2.3.1  Historical Financial Performance ................................................................................................... 5 
2.3.2  Average Annual Turnover................................................................................................................ 5 
2.3.3  Financial Resources ......................................................................................................................... 5

2.4(A)  Experience ( Construction of 220kV D/C Akal-Jaisalmer-2 line – 75kMs)

2.4.1  General Experience .......................................................................................................................... 6 
2.4.2  Specific Experience .......................................................................................................................... 6
(a)  Contracts of Similar Size and Nature ................................................................................................. 6 
(b)  Experience in Key Activities (May be complied by specialist subcontractors. Employer shall
require evidence of subcontracting agreement from Bidder.) .................................................................... 7 

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 3 - Evaluation and Qualification Criteria 3-2

1. Evaluation

1.1 Technical Evaluation

In addition to the criteria listed in ITB 34.1 (a) – (b) the following factors shall apply:

i) The technical qualifying requirements for sub stations.

ii) All the Equipments / hardwares proposed to be supplied shall have valid type test
certificates from any NABL approved laboratory or ILAC i.e. International Laboratory
Accreditation Corporation or accredited Laboratory of the manufacturing Country not
older than 7 years as on the date of bid opening or prior to commencement of supply.

1.2 Economic Evaluation

Any adjustments in price that result from the procedures outlined below shall be added, for
purposes of comparative evaluation only, to arrive at an “Evaluated Bid Price.” Bid prices
quoted by bidders shall remain unaltered. The comparison of bid prices shall be done on all
adjusted prices (i.e. prices inclusive of all taxes, duties and other applicable charges) as
indicated in the respective price schedules.

1.2.1 Quantifiable Deviations and Omissions

Pursuant to ITB 33.3, the cost of all quantifiable nonmaterial nonconformities or omissions
(minor omissions or missing items) shall be evaluated. The Employer will make its own
assessment of the cost of any nonmaterial nonconformities and omissions for the purpose of
ensuring fair comparison of bids.

(a) In case of omission, the evaluation shall be done considering maximum price quoted by any
other bidder, however, payments for item omitted in tender shall not be made considering
free supply. Bidder may note that such omitted item considered free supply shall have to be
executed free of cost to the full extent required for completion of the work as per the actual
engineering. Bidders are therefore advised to quote for the all items as per the BOQ.

1.2.2 Time Schedule

Time to complete the plant and services from the effective date specified in Article 3 of the
Contract Agreement for determining time for completion of pre-commissioning activities is: 360
days. No credit will be given for earlier completion. Bids not complying with the required
completion time will be rejected.

No demobilization, remobilization period, idling or stoppage period will be allowed during this
period of the Contract.
The completion date will be deemed to be the date on which all works on the Contract are
demonstrated to be complete to the satisfaction of the Project Engineer/ Project Manager and is
complete in all respects as per the terms and conditions of this Contract.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 3 - Evaluation and Qualification Criteria 3-3

1.2.3 Work, services, facilities, etc., to be provided by the Employer

1. Bidders shall quote for the entire plant and services on a “single responsibility” basis
such that the total bid price covers all the Contractor’s obligations mentioned in or to be
reasonably inferred from the bidding document in respect of the design, manufacture,
including procurement and subcontracting (if any), delivery, construction, installation and
completion of the plant. This includes all requirements under the Contractor’s
responsibilities for testing, pre-commissioning and commissioning of the plant and,
where so required by the bidding document, the acquisition of all permits, approvals and
licenses, etc.; the operation, maintenance and training services and such other items
and services as may be specified in the Bidding Document, all in accordance with the
requirements of the General Conditions/ Specific Conditions. Items against which no
price is entered by the Bidder will not be paid for by the Employer when executed and
shall be deemed to be covered by the prices for other items.

2. Terminal Gantry shall be provided by an Employer

3. Notification in Govt. Gazette shall be published by an Employer
4. Foundation drawing, tower drawing & BOM available with employer (list attached in
Volume-II) shall be provided for execution of work. The foundation drawing and tower
details not available with the employer shall be designed and got approved by the bidder
from employer with no extra cost to employer.
5. Parameters, Data etc. required for super structure / extension design and its foundation
design.

6. Open space, out of land available with RVPN for storage of line material, would be given
at one point/place free of cost to the contactor. However, the responsibility for watch and
ward of the material shall be of the contractor.

7. The Owner will arrange the right-of-way for the land required for tower foundation, tower
erection and stringing. Any avoidable or deliberate damage done to standing crop or
private property by the Contractor's labour shall be the Contractor's responsibility.

1.2.4 Specific additional criteria

NA

1.3 Technical Alternatives

Technical alternatives , if permitted under ITB 13.4, will be evaluated as follows:

No alternative bids shall be permitted.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 3 - Evaluation and Qualification Criteria 3-4

2. Qualification
It is the legal entity or entities comprising the Bidder, and not the Bidder’s parent companies,
subsidiaries, or affiliates, that must satisfy the qualification criteria described below.

2.1 Eligibility

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners Each At Least One Requirements
Combined Partner Partner

2.1.1 Nationality

Nationality in accordance with ITB Sub- must meet must meet must meet not Forms
Clause 4.2. requirement requirement requirement applicable ELI - 1; ELI - 2
with attachments

2.1.2 Conflict of Interest

No conflicts of interest in accordance must meet must meet must meet not Letter of Technical
with ITB Sub-Clause 4.3. requirement requirement requirement applicable Bid

2.1.3 KFW Eligibility

Not having been declared ineligible by must meet must meet must meet not Letter of Technical
KFW, as described in ITB Sub-Clause requirement requirement requirement applicable Bid
4.4.

2.1.4 Government-owned Entity

Bidder required to meet conditions of must meet must meet must meet not Forms
ITB Sub-Clause 4.5. requirement requirement requirement applicable ELI - 1; ELI - 2
with attachments

2.1.5 UN Eligibility

Not having been excluded by an act must meet must meet must meet not Letter of Technical
of compliance with UN Security requirement requirement requirement applicable Bid
Council resolution in accordance
with ITB Sub-Clause 4.7.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 3 - Evaluation and Qualification Criteria 3-5

2.2 Pending Litigation

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner

2.2.1 Pending Litigation

All pending litigation shall be treated must meet not must meet not Form LIT – 1
as resolved against the Bidder and requirement applicable requirement applicable
so shall in total not represent more by itself or by itself or
as partner to as partner to
than 50 (Fifty) percent of the
past or past or
Bidder’s net worth calculated as the existing JV existing JV
difference between total assets and
total liabilities.

i. 2.3(A) Financial Situation ( Construction of 220kV D/C Akal-Jaisalmer-2 line – 75kMs )

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner

2.3.1 Historical Financial Performance

Submission of audited balance must meet not must meet not Form FIN - 1 with
sheets or, if not required by the law requirement applicable requirement applicable attachments
of the Bidder’s country, other
financial statements acceptable to
the Employer, for the last 5 (Five)
years to demonstrate the current
soundness of the Bidders financial
position and its prospective long-
term profitability.
As a minimum, the bidder’s net
worth calculated as the difference
between total assets and total
liabilities should be positive (at least
for three years during last five
years).
\
2.3.2 Average Annual Turnover
Minimum Average Annual Turnover must meet must meet must meet must meet Form FIN – 2
(MAT) for best three financial years requirement requirement at least 25% 50%
out of last five financial years shall of the of the
not be less than INR 484.35 Million requirement requirement

2.3.3 Financial Resources

Using Forms FIN – 3 and FIN - 4 in must meet must meet must meet must meet Form FIN - 3
Section 4 (Bidding Forms) the requirement requirement

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 3 - Evaluation and Qualification Criteria 3-6

Bidder must demonstrate access to, atleast 25% 50%

or availability of, financial resources of the of the
such as liquid assets, requirement requirement
unencumbered real assets, lines of
credit, and other financial means,
other than any contractual advance
payments to meet:
(1) the following cash-flow
requirement, Bidder must be
capable of deploying INR 70.63
Million during the period of the
contract, and
(2) the overall cash flow
requirements for this contract and
its current works commitment duly
certified by Chartered Accountant
for bidder from Employer’s country
and appropriate certifying agency
for foreign bidder.
i.
ii.
iii.

2.4 Experience

Criteria Compliance Requirements Documents

Joint Venture
Submission
Requirement Single Entity All Partners Each One Requirements
Combined Partner Partner
iv.
v.
vi.
vii.

2.4.1 General Experience

Experience under contracts in must meet not must meet not Form EXP - 1
the role of contractor, requirement applicable requirement applicable
subcontractor, or management
contractor for at least the last
FIVE (5) years prior to the bid
submission deadline.

2.4.2 Specific Experience

(a) Contracts of Similar Size and Nature

Participation as contractor, management must meet must meet not not Form EXP - 2(a)
contractor, or subcontractor, in at least requirement requirement applicable applicable
Three (3) contracts within the last Five
(5) years, each with a value of at
least INR 193.74 Million that have
been successfully or are substantially
completed and that are similar to the
proposed plant and services. The
similarity shall be based on the physical
size, complexity, methods, technology or
other characteristics as described in
Section 6 (Employer’s Requirements).
viii.
ix.
x.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 3 - Evaluation and Qualification Criteria 3-7

(b) Experience in Key Activities (May be complied by specialist subcontractors. Employer shall require evidence of
subcontracting agreement from Bidder.)

For the above or other contracts

executed during the period
stipulated in 2.4.2(a) above, a
minimum experience in the following
key activities:

Bidder shall have executed Turnkey must meet must meet not not Form EXP - 2(b)
contracts with or without supply of all all applicable applicable
conductor, minimum 2 Nos. of requirement requirement
transmission lines of 220kV or
higher voltage class each of route
length not less than 60 kms within
last five years prior to 7 days from
the original bid submission dead
line.
a) The Bidder should have its own must meet must meet not not Form EXP - 2(b)
manufacturing facilities for the applicable applicable
all all
Transmission Line towers and tower requirement requirement
parts or have assured access from
a tower manufacturer (through hire,
lease purchase agreement,
availability of manufacturing
capacity or other means to be
submitted in the bid) having
following minimum manufacturing
capacities and manufacturing
experience:-
i. Manufacturing capacity per
financial year: 8200 MT

ii. Manufacturing Experience:

Average quantity of 220 kV and/or
higher voltage class towers
manufactured per financial year
during last three financial years
(prior to 7 days from the original bid
submission dead line) should not be
less than: 4100 MT

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-1

Section 4 - Bidding Forms

This Section contains the forms which are to be completed by the Bidder and submitted as part of his Bid.
Table of Forms
Letter of Technical Bid ..................................................................................................................................................... 3

Letter of Price Bid ............................................................................................................................................................ 5

Schedules-I (A) .................................................................................................................................................................. 7

Price Schedules................................................................................................................................................................ 10

Country of Origin Declaration Form…………………………………………………………………………………..11

Schedule No. 1 - (BOQ 1)Plant & Equipment (including Mandatory Spare Parts) Supplied from
Abroad…………………………………………………………………………………………………………………..12

Schedule No. 2 - (BOQ 2)Plant & Equipment (including Mandatory Spare Parts) Supplied from within the
Employer’s Country…………………………………………………………………………………………………....13

Schedule No. 3 - (BOQ 3)Installation and other services………………………………………………………..........14

Schedule of quantities, ceiling weights of towers and their body extensions ………………..15

Schedule of quantities of nuts & bolts etc for towers, stubs and their body extensions…………..…16

Bid Security ..................................................................................................................................................................... 17

Form of Bid-Securing Declaration ................................................................................................................................ 18

Proforma of Power & Attorney by the Joint Venture Members………………………………………………….…19

Schedule of Completion…………………………………………………………………………………………………20

Joint Venture Agreement……………………………………………………………………………………………..22

Certificate of Technical Compliance…………………………………………………………………………………..25

Declaration………………………………………………………………………………………………………………26

Technical Proposal.......................................................................................................................................................... 27

Site Organization ............................................................................................................................................................. 27

Method Statement ........................................................................................................................................................... 27

Mobilization Schedule ..................................................................................................................................................... 27

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-2

Construction Schedule ..................................................................................................................................................... 27

Personnel .......................................................................................................................................................................... 28

Form PER – 1: Proposed Personnel ............................................................................................................................... 28

Form PER – 2: Resume of Proposed Personnel ............................................................................................................ 29

Equipment........................................................................................................................................................................ 30

Proposed Subcontractors/Manufacturers for Major Items of Plant and Services .................................................... 31

Manufacturer's Authorization ....................................................................................................................................... 32

Time Schedule ................................................................................................................................................................. 33

Bidders Qualification ...................................................................................................................................................... 34

Form ELI - 1: Bidder’s Information Sheet ..................................................................................................................... 35

Form ELI - 2: JV Information Sheet .............................................................................................................................. 36

Form LIT - Pending Litigation ....................................................................................................................................... 37

Form FIN - 1: Financial Situation................................................................................................................................... 38

Form FIN - 2: Average Annual Turnover ...................................................................................................................... 39

Form FIN – 3: Financial Resources .............................................................................................................................. 40

Form FIN- 4: Current Contract Commitments ......................................................................................................... 401

Form EXP – 1: General Experience............................................................................................................................... 42

Form EXP – 2(a): Specific Experience........................................................................................................................... 43

Form EXP - 2(b): Specific Experience in Key Activities ............................................................................................... 44

Form EXP - 3 : Base Indices……………………………………………………………………………………………46

Declaration of Undertaking…………………………………………………………………………………………….49

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-3

Letter of Technical Bid

[Bidder’s Letterhead]

Date: ........................................................
ICB No.: ........................................................
Invitation for Bid No.: ........................................................

To:

The Superintending Engineer (Contract-II)

Rajasthan Rajya Vidyut Prasaran Nigam Limited,
MM Building of RVPN, Old Power House Premises,
Near Ram Mandir, Bani Park, Jaipur-302006.

Telephone Nos.: +91 141 -2209847/2209609

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including Addenda issued in
accordance with Instructions to Bidders (ITB) 8;

(b) We offer to design, manufacture, test, deliver, install, pre-commission and commission in conformity
with the Bidding Document the following Plant and Services:

CONSTRUCTION OF

i. 220kV D/C Akal-Jaisalmer-2 line – 75kMs.

(c) Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 180 days from
the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall
remain binding upon us and may be accepted at any time before the expiration of that period

(d) We, including any subcontractors or manufacturers for any part of the contract , have or will have
nationalities from eligible countries, in accordance with ITB-4.2;

(e) We, including any subcontractors or suppliers for any part of the contract, do not have any conflict of
interest in accordance with ITB 4.3;

(f) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding process
in accordance with ITB 4.3, other than alternative offers submitted in accordance with ITB 13;

(g) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the
contract, has not been declared ineligible by KfW, under the Employer’s country laws or official
regulations or by an act of compliance with a decision of the United Nations Security Council;
Bidding Document for RVPN /KfW/ICB-7
Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-4

(h) We are not a government owned entity / We are a government owned entity but meet the requirements of
ITB4.5; *

(i) We agree to permit KfW or its representative to inspect our accounts and records and other documents
relating to the bid submission and to have them audited by auditors appointed by the KfW.

(j) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance with the
requirements set forth in Section 6 (Employer’s Requirements) and our technical proposal, or as
otherwise agreed with the Employer.

Name ................................................................................................................................................................
In the capacity of ..............................................................................................................................................
Signed ..............................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .......................................................................................
Date ..................................................................................................................................................................

* Use one of the two options as appropriate

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-5

Letter of Price Bid

[Bidder’s Letterhead]
Date: ........................................................
ICB No.: ........................................................
Invitation for Bid No.: ........................................................

To:

The Superintending Engineer (Contract-II)

Rajasthan Rajya Vidyut Prasaran Nigam Limited,
MM Building of RVPN, Old Power House Premises,
Near Ram Mandir, Bani Park, Jaipur-302006.

Telephone Nos.: +91 141 -2209847/2209609

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Document, including Addenda issued in
accordance with Instructions to Bidders (ITB) 8;

(b) We offer to design, manufacture, test, deliver, install, precommission and commission in conformity with
the Bidding Document the following Plant and Services:

CONSTRUCTION OF

220kV D/C Akal-Jaisalmer-2 line – 75kMs

(c) The total price of our Bid, excluding any discounts offered in item (d) below is the sum of:

(d) The discounts offered and the methodology for their application are:

(e) Our bid shall be valid for a period of 180 days from the date fixed for the submission deadline in
accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any
time before the expiration of that period;

(f) If our bid is accepted, we commit to obtain a performance security in accordance with the Bidding
Document;

(g) We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding
process or execution of the Contract: **

Name of Recipient Address Reason Amount

............................................. ........................................... .................................. ........................
............................................. ........................................... .................................. ....................... .

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-6

(h) We understand that this bid, together with your written acceptance thereof included in your notification
of award, shall constitute a binding contract between us, until a formal contract is prepared and executed;
and

(i) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may
receive.

(j) We agree to permit KfW or its representative to inspect our accounts and records and other documents
relating to the bid submission and to have them audited by auditors appointed by the KfW.

Name ................................................................................................................................................................
In the capacity of ..............................................................................................................................................
Signed ..............................................................................................................................................................
Duly authorized to sign the Bid for and on behalf of .......................................................................................
Date ..................................................................................................................................................................

** If none has been paid or is to be paid, indicate’”none”

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-7

SCHEDULE-I (A)

{Must be filled in by the Tenderer and uploaded with Price/Finance Bid (COVER-III)}

FORM OF BID FOR SURVEY, SUPPLY OF MATERIALS (WITH OUT CONDUCTOR),

CONSTRUCTION, ERECTION, TESTING AND COMMISSIONING OF TRANSMISSION LINES
UNDER RVPN/KfW/ICB-7

To,

The Superintending Engineer (Contract-II)

Rajasthan Rajya Vidyut Prasaran Nigam Limited,
MM Building of RVPN, Old Power House Premises,
Near Ram Mandir, Bani Park, Jaipur-302006.

Dear Sir(s),

With reference to your invitation to the tender against specification No. RVPN /KfW/ICB-7, we
agree for Survey, Supply of materials (except conductor), Construction, Erection, Testing and
Commissioning of:-

Construction of 220kV D/C Akal-Jaisalmer-2line – 75kMs.

given to us with the tender enquiry, on prices, terms and conditions given in specification

1. It is noted that the quantities as mentioned in the specification are approximate and we agree to
supply any quantity as per your requirement.

2. We have noted the standard terms of specification and abide by same.

3. The provisional quantity, guaranteed weight of towers, stubs and their body extensions are indicated
in SCHEDULE-4 for 220 kV D/C (Akal-Jaisalmer-2),

4. The provisional quantity of Bolts & Nuts, etc for towers, stubs and their body extensions are
indicated in SCHEDULE- 5 for 220 kV D/C ((Akal-Jaisalmer-2)

5. Quantity indicated in the price schedules BOQ are tentative. The successful bidder will prepare the
complete bill of material after the check survey is completed and profile is approved by the
purchaser. The final bill of material shall also be checked and approved by the engineer/purchaser
and the payment will be made on the basis of such approved quantities of towers and associated line
material.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-8

6. In case of any other necessary item(s), if any, then the bidder shall quote their price on firm price
basis.
Bidder is required to furnish details of any other necessary item(s), if any with bifurcation of
price as under and quote only total amount , in the respective column of line wise price schedule-
BOQ as indicated here:-

S. Name Unit Qty. Details of prices in the format of respective BOQ

No. of item shall be mentioned here under

NOTE:- In case, bidder wants to quote rates for any other necessary item(s) in price schedules; BOQ,
then he must fill all the details in above, otherwise fill “NIL” in above.

7. General guideline for filling BOQ:

Note*: One set of installation hardware shall contain all installation hardware fittings as may be
required for 1 km of OPGW

Note**: Quantity indicated is for evaluation purpose. Actual quantity to be supplied after getting
approval from owner

Note***: Bidder will quote either for Disc or Long Rod insulators. In case of bidder quote for both
types of insulators, then in evaluation highest cost of insulators will be considered.

8. Bidders are required to quote the unit rates for following items of Pile Foundation, where soil is
very weak, has very poor bearing capacity and is likely to get scoured during floods. The pile
foundations shall be designed based on the data of soil exploration at the tower location (s). The
important parameters for design of pile foundation like type of soil, angle of internal friction,
cohesion and unit weight of soil at various depth along the shaft of pile, maximum discharge of the
river, maximum velocity of water, HFL, scour depth etc. are in the scope of work.

S. Description Unit of Provisional Rates per

No. Measurement Quantity unit
1. Detail soil investigation for river crossing/pile Per Location As required
foundation upto 40 mtr. Depth
2. Pile Foundation Design, Boring, Providing and
installation of bored Cast-in-situ RCC vertical
piles of specified diameter and of any length
below the pile cap with M25 grade of cement
concrete excluding the cost of supply & placing
the reinforcement steel but including the cost of
boring with temporary guide casing, bentonite
solution and the length of pile to be embedded in
the pile cap (length of pile cap for payment shall
be measured from bottom of pile cap), all
necessary labour, materials, plants, tools & tackles
etc complete as necessary for proper execution of
the job.(Boring in weathered rock, shale, fissured
rock and soft rock excluded)

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-9

a) 1200 mm diameter RCC vertical bored pile Meter As required

from bottom of pile cap
b) Extra over item 2 (a) for boring including Meter As required
socketing, anchoring (if required) with required
size, nos. & depth of Reinforcement in weathered
rock, shale, fissured rock soft rock and hard rock
up to a maximum depth of 5.0m.

3. a) Supply & placing of steel reinforcement of Fe MT As required

500 grade for RCC work in pile, pile cap,
pedestal/chimney including straitening, cutting,
bending, binding and placement from GL to 26m
to 28m depth for Pile and 5m height for Chimney.
b) Supply & placing of 8 MM Thick Liner MT As required
4. a) Providing and laying in position M25 Grade Cum As required
concrete of specified 28 days strength for pile cap,
pedestal /chimney, (including special arrangement
like shoring shuttering and huge form work) &
excavation.

b) Lean Concrete M15 using 40MM Coarse Cum As required

Aggregate
5. Conducting Integrity Test on piles using Nos. As required
electronic control unit, hand held hammer,
accelerometer, computer with required software to
assess as-installed pile characteristics including
mobilization of necessary manpower, equipment,
materials etc required
PLACE:-_________________

Dated:-_____________
Yours faithfully,
Signature
Name & Designation with Seal of the firm

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-10

Price Schedules
( THE BIDDER SHALL QUOTE PRICES SEPRATELY FOR EACH LOT )
PREAMBLE
General
1. The Price Schedules are divided into separate Schedules as follows:

Schedule No. 1 - Plant & Equipment (including Mandatory Spare Parts) Supplied from Abroad

Schedule No. 2 - Plant & Equipment (including Mandatory Spare Parts) Supplied from within the Employer’s
Country

Schedule No. 3 - Installation and other services

Schedule of quantities, ceiling weights of towers and their body extensions

Schedule of quantities of nuts & bolts etc for towers, stubs and their body extensions

2. The Schedules do not generally give a full description of the plant to be supplied and the services to be
performed under each item. Bidders shall be deemed to have read the Employer’s Requirements and other
sections of the Bidding Document and reviewed the Drawings to ascertain the full scope of the
requirements included in each item prior to filling in the rates and prices. The entered rates and prices shall
be deemed to cover the full scope as aforesaid, including overheads and profit.

3. If bidders are unclear or uncertain as to the scope of any item, they shall seek clarification in accordance
with ITB 7 prior to submitting their bid.

Pricing
4. The bidder shall prepare electronic price bid documents in prescribed cover and submit/upload their price
Schedules on website http://eproc.rajasthan.gov.in
As specified in the Bid Data Sheet and Special Conditions of Contract, prices shall be fixed and firm for the
duration of the Contract, or prices shall be subject to adjustment in accordance with the corresponding
Appendix (Price Adjustment) to the Contract Agreement.

5. Bid prices shall be quoted in the manner indicated and in the currencies specified in the Instructions to
Bidders in the Bidding Document.
For each item, bidders shall complete each appropriate column in the respective Schedules, giving the price
breakdown as indicated in the Schedules.
Prices given in the Schedules against each item shall be for the scope covered by that item as detailed in
Section 6 (Employer’s Requirements) or elsewhere in the Bidding Document.

6. Payments will be made to the Contractor in the currency or currencies indicated under each respective item.

7. When requested by the Employer for the purposes of making payments or part payments, valuing variations
or evaluating claims, or for such other purposes as the Employer may reasonably require, the Contractor
shall provide the Employer with a breakdown of any composite or lump sum items included in the
Schedules.
Bidding Document for RVPN /KfW/ICB-7
Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-11

Country of Origin Declaration Form

Item Description Country

Date: Signature:
Printed Name:

Place:
Designation:

(Name of Bidder)
Common Seal:
(Witnessed and supported
by Board Resolution,
MoA, AoA)

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
 Section 4 - Bidding Forms 4-12

Schedules of Rates and Prices

Tender Inviting Authority:

The Superitending Engineer (Contract-II ), Rajasthan Rajya Vidyut Prasaran
Nigam Limited,
BoQ_Ver2.0
MM Building of RVPN, Old Power House Premises,
Near Ram Mandir, Bani Park, Jaipur-302006.

TURNKEY PROJECT UNDER BID ENQUIRY NO. RVPN /KfW/ICB-7.

BID ENQUIRY NO. RVPN /KfW/ICB-7

SCHEDULE- 1 (BoQ1 ) (Supply-Plant & Equipment (including Mandatory
Spare Parts) Supplied from Abroad
Bidder
Name:

This BOQ template must not be modified/replaced by the bidder and

the same should be uploaded after filling the relevent columns, else
the bidder is liable to be rejected for this tender). The bidder shall
quote the prices strictly in the following manner:-
1.For items to be manufactured and supplied by the bidder from
abroad, the bidder shall have to quote prices CIP named place of
destination basis. The transportation , insurance & taxes & duties of
the supplies of material is up to site. Bidders are allowed to enter
Country of Origin, Foreign Currency, Unit Price.
2. Bidders are allowed to enter their Name also.

Sl. Item Description Country of Quantity Units Unit Price (CIP Country of Unit ADJ. Total FOR
Origin / named place of Origin FOR DEST. DEST.
No.
Foreign destination basis. /Foreign Unit Price with Amount
Currency The currency Entry tax with Entry
transportation & tax
insurance, taxes
& duties except (Col. 8*4)
entry tax of the
supplies of
material is upto
site)

1 2 3 4 5 6 7 8 9
Please refer
electronic
price bid
Schedules on
website
http://eproc.
rajasthan.gov.i
n
***Total in Figures

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
 Section 4 - Bidding Forms 4-13

Tender Inviting Authority:

The Superitending Engineer (Contract-II ), Rajasthan Rajya Vidyut
Prasaran Nigam Limited, BoQ_Ve
MM Building of RVPN, Old Power House Premises, r2.0
Near Ram Mandir, Bani Park, Jaipur-302006.
TURNKEY PROJECT FOR CONSTRUCTION UNDER BID ENQUIRY NO. RVPN
/KfW/ICB-7.

BID ENQUIRY NO. RVPN /KfW/ICB-7

SCHEDULE- 2 (BoQ2)(Supply- Plant & Equipment (including Mandatory Spare Parts)
Supplied from within the Employer’s Country)

Bidder
Name:

This BOQ template must not be modified/replaced by the bidder and the same
should be uploaded after filling the relevent columns, else the bidder is liable to be
rejected for this tender). The bidder shall quote the prices strictly in the following
manner:-
1. The bidder shall have to quote all components of prices and Taxes and HSN
Code of the item. The bidder shall have to quote the applicable rate of GST in the
form of percentage(not in the form of amount) in the respective columns of price
and in the column of F&I charges ,the bidder is advised to quote the per unit
Charges in Rs.(not in the percentage) in the price schedule below and GST in
seprate coloumn .

2. Bidders are allowed to enter their Name also.

Sl. Item HSN Quant Units Quote Unit Ex- IGST Rate SGST CGST F&I IGST SGST CGST Unit Total
No. Description Code ity d works (in %) Rate (in Rate charge Rate Rate (in Rate ADJ. FOR T
curre Price %) (in %) s (in %) %) (in %) FOR DEST am
ncy in (in. Rs.) DEST .
INR/ot . Amo w
her unt
curre (In
ncy Rs.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Please refer
electronic
price bid
Schedules
on website
http://eproc.
rajasthan.
gov.in
***Total in
Figures      
***Total in Words

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-14

Tender Inviting Authority:

The Superitending Engineer (Contract-II ),
Rajasthan Rajya Vidyut Prasaran Nigam Limited,
MM Building of RVPN, Old Power House Premises,
Near Ram Mandir, Bani Park, Jaipur-302006.

TURNKEY PROJECT FOR CONSTRUCTION UNDER BID ENQUIRY NO. RVPN

/KfW/ICB-7.

BID ENQUIRY NO. RVPN /KfW/ICB-7

SCHEDULE- 3 (BoQ3 ) (Installation and other services)

Bidder
Name:

PRICE-SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same
should be uploaded after filling the relevent columns, else the bidder is liable to be
rejected for this tender. Bidders are allowed to enter the Bidder Name and Unit
charges for erection, testing & commissioning and applicable rate of GST in the form
of percentage (not in the form of Amount) in respective column of price.

Sl. Item Quantity Units Quoted Unit IGST CGST SGST Total Total
No. Description currency charges in % in % in % charges amou
in for for nt in
INR/other erection, erection, word
currency testing & testing & s
commissi commiss
oning (IN ioning
Rs.) including
all
applicabl
e taxes
and other
charges
(IN Rs.)

1 2 3 4 5 6 7 8 9 10 11
Please refer 1.00 Nos.
electronic price
bid Schedules
on website
http://eproc.
rajasthan.
gov.in
***Total in
Figures
***Total in Words  

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-15

TURNKEY PROJECT FOR CONSTRUCTION OF 220KV D/C AKAL-JAISALMER-2 LINE – 75KMS.

UNDER BID ENQUIRY NO. RVPN /KfW/ICB-7.

BID ENQUIRY NO. RVPN /KfW/ICB-7

SCHEDULE- 4 ( Schedule of Quantities, Ceiling weights of towers and their body extensions for 220kV D/C
Akal-Jaisalmer-2 line – 75 kMs.

Ceilling Weight Per Tower

Sr No. Description Unit Qty Tower Stub

Weight of towers and their body extension

including D-Shackles, U-Bolt, Hangers, Bird HT MS HT MS
Gaurds, Pack Washers.
i TTDA Nos. 165  1.946 2.055 0.215
ii TTDB Nos. 35  6.650 0.316
iii TTDC Nos. 20  7.500 0.397
iv TTDD Nos. 15  8.867 0.549
v Special tower Nos. 3 5.767 0.341
vi +3M Ext. TTDA Nos. 20  0.280 .311
vii +3M Ext. TTDB Nos. 5  1.326
viii +3M Ext. TTDC Nos. 5  1.525
ix +3M Ext. TTDD Nos. 3  1.657
x +6M Ext. TTDA Nos. 10  0.476 0.707
xi +6M Ext. TTDB Nos. 3  2.169
xii +6M Ext. TTDC Nos. 3  2.606
xiii +6M Ext. TTDD Nos. 2  2.640
xiv +9 M Ext. TTDD Nos. 1  5.069
xv 220 KV D/C Special Tower   
(i) +4.5 Mtr. Extn.  Nos. 2  1.500 
(ii) +9 Mtr. Extn.  Nos. 1  3.063 
(iii) +18 Mtr. Extn.  Nos. 1  6.248 
 
2. SST of 220kV D/ TTDA Nos. 1  0.335

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-16

TURNKEY PROJECT FOR CONSTRUCTION OF 220KV D/C GAJNER-CHHATARGARH LINE –

100KMS. UNDER BID ENQUIRY NO. RVPN /KfW/ICB-7.

BID ENQUIRY NO. RVPN /KfW/ICB-7

SCHEDULE- 4 (Schedule of Quantities of Nuts and Bolts etc. for towers, stubs and their body extensions for
220kV D/C Akal-Jaisalmer-2 line – 75 kMs.

S. No. Description of item Unit Quantities

1 2 3 4
2 G.I.Nuts & Bolts
i 16*35  MT 25 
ii 16*40  MT 17 
iii 16*45  MT 14 
iv 16*50  MT 7 
v 16*55  MT 2 
vi 16*60  MT 1 
vii 16*65  MT 1 
viii 16*70  MT 0.5 
ix 16*175  MT 10 
x spring washer
  MT 5 

Quantity indicated in the above schedule are tentative. The successful bidder will
prepare the complete bill of material after the check survey is completed and profile is
approved by the purchaser. The final bill of material shall also be checked and approved
by the engineer/purchaser and the payment will be made on the basis of such approved
quantities of towers and associated line material.

Note :-
Ceiling weight of Tower body and their extensions have been mentioned in the bid
document, and if the weight in Proto inspection is higher than the ceiling weight, the
payment shall be limited up to ceiling weight, and if the weight of tower in proto
inspection is lower than the ceiling weight , the payment shall be made on lower weight
on pro-rata basis at CPC level as the entry of tower material is in Nos. in SAP module.
Bidding Document for RVPN /KfW/ICB-7
Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-17

Bid Security
Bank Guarantee

.................................................................. Bank’s Name, and Address of Issuing Branch or Office ..................................................................

Beneficiary: ............................................................... Name and Address of Employer .................................................................................

Date:.......................................................................................................................................................................................................................

Bid Security No.: ............................................................................................................................................................................................

We have been informed that . . . . . name of the Bidder. . . . . (hereinafter called "the Bidder") has submitted to you
its bid dated . . . . . . . . . (hereinafter called "the Bid") for the execution of . . . . . . . . name of contract . . . . . . .
under Invitation for Bids No. . . . . . . . . . (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, we . . . . . name of Bank. . . . . hereby irrevocably undertake to pay you any sum or
sums not exceeding in total an amount of . . . . . . . . . .amount in figures . . . . . . . . . (. . . . . . .amount in words . . . . . .
. ) upon receipt by us of your first demand in writing accompanied by a written statement stating that the
Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the
ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails
or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the Performance Security, in
accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the Contract
Agreement signed by the Bidder and the performance security issued to you upon the instruction of the Bidder;
and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your notification to
the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of the Bidder’s
bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on or before
that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 758.

. . . . . . . . . . . .Bank’s seal and authorized signature(s) . . . . . . . . . .

Note: All italicized text is for use in preparing this form and shall be deleted from the final document

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-18

Form of Bid-Securing Declaration

(Not applicable)

Date: [insert date (as day, month and year)]

Bid No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-Securing Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any contract with the Borrower
for the period of time of [insert number of months or years] starting on the date that we receive a notification from the
Employer, if we are in breach of our obligation(s) under the bid conditions, because we:

(a) have withdrawn our Bid during the period of bid validity specified in the Form of Bid; or

(b) having been notified of the acceptance of our Bid by the Employer during the period of bid validity, (i) fail or
refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security, in accordance
with the ITB.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our
receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of
our Bid.

Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of
person signing the Bid-Securing Declaration]

Name: [insert complete name of person signing the Bid-Securing Declaration]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all partners to the Joint Venture
that submits the bid.]

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-19

PROFORMA OF POWER OF ATTORNEY BY THE JOINT VENTURE

MEMBERS
(Non Judicial Stamp of INR.500.00 duly notarized)

KNOW ALL MEN BY THESE PRESENTS THAT WE PARTIES whose details are given hereunder:

1. M/s.__________ having its registered office at (Complete address)

2. ---do---
3. ---do---
have entered into a Joint venture agreement for the purpose of securing the work of RVPN vide tender notice
No.__________ and having our Registered office/Head Office/ at (hereinafter called the Joint venture which
expression shall unless repugnant to the context or meaning thereof, include is successors, administrators and
assigns).

We, the above said parties, through this power of attorney mutually agrees to hereby constitute, nominate and
appoint Mr.________ (name of POA holder) of M/s_______ a Company and having its registered/Head
Office at, as our duly constituted lawful Attorney (hereinafter call “Attorney” or “Authorized Representative”
or Partner In charge or Leader of Joint venture) to exercise all or any of the powers for and on behalf of the
Joint venture Company Members in regards to Specification No: ___________________ the bids for which
have been invited by Rajasthan Rajya Vidyut Prasaran Nigam Limited, (herein after referred to as RVPN)

i) To submit proposal and participate in the aforesaid bid specification of the Corporation on behalf the
“Joint venture Members”.
ii) To negotiate with the Employer the terms and conditions for award of the contract pursuant to the
aforesaid bid and to sign the Contract with the Corporation for and on behalf of the “Joint venture
Members”.
iii) To do any other act or submit any document related to the above.
iv) To receive, accept and execute the contract for and on behalf of the “Joint venture Members”.
v) In the event of an order placed on M/s. ---------------------------

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
 Section 4 - Bidding Forms 4-20

The work shall be executed by all the members as per Bidding Documents and as per the schedule hereunder:

Schedule of Completion

Sr. Completion Schedule Name of work Name of Bidder/Member of

No. Joint venture
1
The work of line/SS, to be executed by the Joint venture members against order placed will be directly executed by
the individual members/JVC to the RVPN and in the event of making payments, against individual invoices/bills or
otherwise, will make the payment directly in the bank account of above named joint venture company, duly registered
thereby. RVPN will issue necessary certificate/documents in the name of Joint Venture Company and/or the lead
party, as per rules and regulations.

vi) The Corporation may place only one order on the Leader of Joint venture incorporating the names of all the Joint
venture Members and schedule of completion against each member, We, the members / parties confirm that
commitments made and liabilities incurred by our Leader shall be binding on all the parties of the JVC duly formed
(Joint venture Members) and all of us shall be jointly and severally responsible for the faithful execution of the
contract and discharge the liabilities jointly and severally.
vii) In the event of award of contract, we the Joint venture members shall be liable jointly and severally for the execution
of the contract in accordance with the contract terms and in accordance with specifications and within the schedule
time.
viii) The leader of Joint venture is hereby authorized to incur liabilities and receive instructions for and on behalf of any
and all the Joint venture members and entire execution of the contract.
ix) In the event of any default in executing contract, that is in execution of work in accordance with specifications and
within the schedule time by any Member/Members of Joint venture, the remaining other member / members shall
accept the liability and execute the contract in full as provided in clause –vii of this agreement.
x) We all the members of the Joint venture agree and undertake that in the event of any change in the constitution of any
Joint venture Member the rights and obligations of the Joint venture shall continue to be in full force without any
effect thereof.
xi) We, all the members of Joint venture undertake that we shall not cancel or amend this agreement unilaterally and
without the consent of RVPN and such consent will be obtained in writing.
It is already understood that the lead party /Leader shall ensure performance of the contract(s) and if one or more above
said party (Member) fail to perform their respective portion of the Contract (s) the same shall be deemed to be a default
by all the above said parties /JVC.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-21

It is expressly understood that this Power of Attorney shall remain valid binding and irrevocable till completion of the
Warranty period in terms of the Contract.
All the parties/members of above said Joint venture company hereby agrees and undertakes to ratify and confirm all
the whatsoever the said Attorney/Authorized Representative/Leader quotes in the bid, negotiates and signs the
Contract/other necessary documents, with RVPN and /or proposes to act on behalf of the Consortium / Joint venture
company by virtue of this power of Attorney/Agreement and the same shall bind the said Joint venture company and
its authorized representatives, as if done by itself.

IN WITNESS THEREOF the Members constituting the Joint venture as aforesaid have executed these presents on this
day of under the Common Seal (s) of their companies.

For and on behalf of the Members of Joint venture.

______________________
Attorney holder / Leader party
(Signed, seal by the company)

1) Signature, Name, Designation & Seal of each Company/Parties

2)------------ Do --------------
3)-------------Do ---------------
Signed and seal in the presence of witness.
1. Signature ……………………………….
Name ………………………………
Designation ……………………………..
Occupation …………………………….

2. Signature ……………………………….
Name ………………………………
Designation ……………………………
Occupation ……………………………

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-22

JOINT VENTURE AGREEMENT

(On INR 500.00 Stamp paper duly notarized)
For

NAME OF WORK: Tender No.:-

Detail of work:-

This Joint Venture agreement is made at _________ on _________ day of _____, 20___ by and between M/s.
, having its registered office at__________________________________
(hereinafter referred to as the “First Party”/Lead Party) duly represented by Shri ____________
as the One Party.

AND

M/s. , a company incorporated under the Indian Companies Act of 1956 and having its registered office at
____________________________________________ (hereinafter referred to as the “Second Party” duly represented
by Shri. ____________________ as the other party.

The expressions, “First Party” & “Second party” shall wherever the context admit mean and include their respective
successors in interest and permitted assigns and hereinafter referred to individually as the “Party and collectively as the
“PARTIES’.

WHEREAS The Rajya Vidyut Prasaran Nigam Limited (RVPN) (Hereinafter referred to as the Client”) has invited
tenders Notice No.__________
Dtd.____________for“_____________________________________________________________________________
________________________________________________________________________________________________
_________ (Hereinafter referred to as “The Work”).

AND WHEREAS Party of first part and party of second part have entered into an agreement, by setting up of a joint
venture company (hereinafter called “JVC”) to be set up in India for the purpose of securing the above said work of
RVPN and to execute the work jointly and severally in the event of award of the contract.

In consideration of the mutual agreement and undertaking hereunder set out the parties to this agreement have granted
the rights and accepted the obligations as follows:-
Bidding Document for RVPN /KfW/ICB-7
Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-23

NOW THIS JOINT VENTURE AGREEMENT WITNESSED AS FOLLOWS:

1) Participation:

The participating interest of the members of the JVC, as mutually decided, will be apportioned as _____%
approximately for First Party and ____% approximately for the Second Party in the event of award of the
contract to the JVC

2) Lead Partner:

It is agreed by the parties that M/s.__________________ Co. (i.e. party of ______________ part) shall be
treated as LEAD PARTY, for the said WORK of contract of RVPN. Thus remaining parties (as above)
agrees to authorize the __________________ (name of leader of lead party) to exercise all or any of the
powers in respect of the said WORK for and on behalf of all the parties as above, which shall be binding
on all the parties jointly and severally. ____________________________________________________

3) Billing & Payment:

It is agreed by the parties that it shall open an exclusive bank account in the name of said JVC
___________________. Parties will submit their bills/invoices in the name of said JVC, or individually,
whereas, RVPN in the event of payment will make the payment in the name of their duly registered JVC
account, only.

4) Liabilities:

All the parties of this joint venture agreement agrees and confirms that in the event of getting the award of
the contract through successful bid, the execution of the work shall be complied efficiently and within
stipulated time and that all the parties of this agreement shall be jointly and severally liable to comply and
execute the work.

5) Bank Guarantees:

It is agreed between the parties that Bid Bond (in the form of Demand Draft and Bank Guarantee) and
Performance Guarantee shall be arranged by them in their participation ratio, or as mutually agreed upon
all the parties & affirmed by RVPN.

6) ARBITRATION:

In the event of any dispute arising between the parties and RVPN in respect of execution of this WORK,
such disputes shall be resolved by arbitration to be held in Jaipur in accordance with the Indian Arbitration
Act. These agreement will be governed by and construed in accordance with Indian Law.

IN WITNESS WHEREOF THE PARTIES hereto has put their respective hands and seal on this day, month and year
herein above written.
SIGNED SEALED AND DELIVERED _____________________________
By within named
(Party of the FIRST PART/LEAD PARTY)
Bidding Document for RVPN /KfW/ICB-7
Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-24

SIGNED, SEALED AND DELIVERED _____________________________

By within named
(Party of the SECOND PART)

WITNESSES:

1 ___________________________

2 ___________________________

(Name and address of the witnesses)

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-25

(Please submit along with QR)

CERTIFICATE OF TECHNICAL COMPLIANCE

TENDER NO. ____________________________________ DUE ON _____

FOR ________________________________________________PROJECT

We, M/s. _______________________ hereby certify that there is no deviation to the specifications and
amendments thereof, if any, against this tender/ Bid.

We further confirm to submit Guaranteed Technical Particulars, valid type test reports (not older than 7 years
as on the date of bid opening), drawings, calculations, Manufacturing Quality Plan (MQP), Satisfactory
performance certificate for two years, documentary evidence against 50% of the total quantity supplied
during last five (5) financial years, etc., as per requirements of BOQ, Technical Specifications and relevant
IS/IEC; for offered items/equipments/materials, in the event of an order on us, within commencement period
without affecting delivery schedule and without any price implication to Employer.

We confirm to provide valid authorization and service back up guarantee from OEM for all offered
items/equipments/materials, in the event of an order.

Date: Signature:

Printed Name:

Place:

Designation:

(Name of Bidder)

Common Seal:

(Witnessed and supported by Board

Resolution, MoA, AoA)

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-26

Invitation for Bids No : RVPN /KfW/ICB-7

Declaration
Tender for Supply, Erection, Testing and commissioning of following project as per tender specifications
complete along with all the tender Terms and Conditions

CONSTRUCTION OF

Construction of 220kV D/C Akal-Jaisalmer-2line – 75kMs.

In connection with above subject, I / we confirm the following:

a) I/ We, the undersigned, have read and understand the Tender Specification No.

RVPN /KfW/ICB-7
b) The supply & erection price components in the bid are VARIABLE

c) I/We declare that our bid is strictly in line with Tender / Bid Specifications and there is no deviation.
Further, I / we also agree that additional conditions / deviations, if any found in bid, the offer shall be
out rightly rejected without assigning any reason thereof.

Date: Signature:

Printed Name:

Place:

Designation:

(Name of Bidder)

Common Seal:

(Witnessed and supported by Board

Resolution, MoA, AoA)

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-27

Technical Proposal
Site Organization

Method Statement

Mobilization Schedule

Construction Schedule

Personnel

Equipment

Proposed Subcontractors for Major Items of Plant and Services

Time Schedule

Site Organization

Method Statement

Mobilization Schedule

Construction Schedule

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-28

Personnel

Bidders should provide the names of suitably qualified personnel to meet the requirements specified in Section 3
(Evaluation and Qualification Criteria). The data on their experience should be supplied using the Form below for
each candidate.

Form PER – 1: Proposed Personnel

1. Title of position*

Name

2. Title of position*

Name

3. Title of position*

Name

4. Title of position*

Name

*As listed in Section 3 (Evaluation and Qualification Criteria).

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-29

Form PER – 2: Resume of Proposed Personnel

Position

Personnel Name Date of birth

information

Professional qualifications

Present Name of employer

employment

Address of employer

Telephone Contact (manager / personnel officer)

Fax E-mail

Job title Years with present employer

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial
experience relevant to the project.

From To Company / Project / Position / Relevant technical and management experience

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-30

Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section 3 (Evaluation and Qualification Criteria). A separate Form shall
be prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder.

Item of Equipment

Equipment Name of manufacturer Model and power rating

Information

Capacity Year of manufacture

Current Status Current location

Details of current commitments

Source Indicate source of the equipment

† Owned † Rented † Leased † Specially manufactured

Omit the following information for equipment owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-31

Proposed Subcontractors/Manufacturers for Major Items of Plant and Services

The following Subcontractors and/or manufacturers are proposed for carrying out the item of the facilities
indicated. Bidders are free to propose more than one for each item

Major Items of Plant and Services Proposed Subcontractors/Manufacturers Nationality

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-32

Manufacturer's Authorization
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions indicated. This letter of authorization
should be signed by a person with the proper authority to sign documents that are binding on the Manufacturer. The Bidder shall include
it in its bid, if so indicated in the BDS.]

Date: [insert date (as day, month and year) of Bid Submission]

ICB No.: [insert number of bidding process]

To: [insert complete name of Employer]

WHEREAS

We [insert complete name of Manufacturer or Manufacturer’s authorized agent], who are official manufacturers or agent
authorized by the manufacturer of [insert type of goods manufactured], having factories at [insert full address of
Manufacturer’s factories], do hereby authorize [insert complete name of Bidder] to submit a bid the purpose of which is to
provide the following goods, manufactured by us [insert name and or brief description of the goods], and to subsequently
negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General Conditions /
Specific Conditions of Contract, with respect to the goods offered by the above firm.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Duly authorized to sign this Authorization on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-33

Time Schedule
To be used by Bidder when alternative Time for Completion is invited in ITB 13.2.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-34

Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and Qualification
Criteria) the Bidder shall provide the information requested in the corresponding Information Sheets included
hereunder.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-35

Form ELI - 1: Bidder’s Information Sheet

Bidder’s Information

Bidder’s legal name

In case of JV, legal name of

each partner

Bidder’s country of
constitution

Bidder’s year of constitution

Bidder’s legal address in

country of constitution

Bidder’s authorized
representative
(name, address, telephone
numbers, fax numbers, e-mail
address)

Attached are copies of the following original documents.

‰ 1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and
4.2.

‰ 2. Authorization to represent the firm or JV named in above, in accordance with ITB 22.2.

‰ 3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.

‰ 4. In case of a government-owned entity, any additional documents not covered under 1 above required to comply with ITB 4.5.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-36

Form ELI - 2: JV Information Sheet

Each member of a JV must fill in this form

JV Information

Bidder’s legal name

JV Partner’s legal name

JV Partner’s country of
constitution

JV Partner’s year of
constitution

JV Partner’s legal address in

country of constitution

JV Partner’s authorized
representative information
(name, address, telephone
numbers, fax numbers, e-mail
address)

Attached are copies of the following original documents.

‰ 1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and 4.2.
‰ 2. Authorization to represent the firm named above, in accordance with ITB 22.2.
‰ 3. In the case of government-owned entity, documents establishing legal and financial autonomy and compliance with
commercial law, in accordance with ITB 4.5.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-37

Form LIT - Pending Litigation

Each Bidder or member of a JV must fill in this form

Pending Litigation

‰ No pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria)

‰ Pending litigation in accordance with Criteria 2.2 of Section 3 (Evaluation and Qualification Criteria)

Value of Value of
Pending Claim Pending Claim
Year Matter in Dispute
in INR as a Percentage
Equivalent of Net Worth

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-38

Form FIN - 1: Financial Situation

Each Bidder or member of a JV must fill in this form

Financial Data for Previous 3 Years [INR Equivalent]

Year 1: Year 2: Year 3: Year 4: Year 5:

Information from Balance Sheet

Total Assets

Total Liabilities

Net Worth

Current Assets

Current Liabilities

Information from Income Statement

Total Revenues

Profits Before Taxes

Profits After Taxes

‰ Attached are copies of financial statements (balance sheets including all related notes, and income statements) for the last three years, as
indicated above, complying with the following conditions.
• All such documents reflect the financial situation of the Bidder or partner to a JV, and not sister or parent companies.
• Historic financial statements must be audited by a certified accountant.
• Historic financial statements must be complete, including all notes to the financial statements.

• Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial
periods shall be requested or accepted).

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-39

Form FIN - 2: Average Annual Turnover

Each Bidder or member of a JV must fill in this form

Annual Turnover Data for the Last 5 Years

Amount Exchange INR
Year
Currency Rate Equivalent

Average Annual Turnover

The information supplied should be the Annual Turnover of the Bidder or each member of a JV in terms of the
amounts billed to clients for each year for contracts in progress or completed, converted to INR at the rate of
exchange at the end of the period reported.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-40

Form FIN – 3 Availability of Financial Resources

Specify  proposed  sources  of  financing,  such  as  liquid  assets,  lines  of  credit,  and  other  financial  resources 
(other  than  any  contractual  advance  payments)  available  to  meet  the  financial  resources  requirement 
indicated in Form FIN‐4".  
Financial Resources
No. Source of financing Amount (INR equivalent)

 
Bidding Document for RVPN /KfW/ICB-7
Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-41

Form FIN- 4: Current Contract Commitments

Bidders and each partner to a JV should provide information on their current commitments on all contracts that have
been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching
completion, but for which an unqualified, full completion certificate has yet to be issued.

Current Contract Commitments

Value of Outstanding Average Monthly
Estimated
Employer’s Work Invoicing Over Last Six
No. Name of Contract Completion
Contact Address, Tel, Fax [Current INR Months
Date
Equivalent] [INR/month)]

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-42

Form EXP – 1: General Experience

Each Bidder or member of a JV must fill in this form

General Experience
Starting Ending Contract Identification and Name
Month Month Years Name and Address of Employer Role of Bidder
Year Year Brief Description of the Works Executed by the Bidder

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-43

Form EXP – 2(a): Specific Experience

Fill up one (1) form per contract.

Contract of Similar Size and Nature

Contract No . . . . . . of . . . . . . Contract Identification

Award Date Completion Date

Role in Contract ‰ Contractor ‰ Management Contractor ‰ Subcontractor

Total Contract Amount INR

If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total contract
amount

Employer’s Name
Address
Telephone/Fax Number
E-mail

Description of the similarity in accordance with Criteria 2.4.2(a) of Section 3

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-44

Form EXP - 2(b): Specific Experience in Key Activities

Fill up one (1) form per contract

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-45

Contract with Similar Key Activities

Contract No . . . . . . of . . . . . . Contract Identification

Award Date Completion Date

Role in Contract ‰ Contractor ‰ Management Contractor ‰ Subcontractor

Total Contract Amount INR

If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total contract
amount

Employer’s Name
Address
Telephone Number
Fax Number
E-mail

Description of the key activities in accordance with Criteria 2.4.2(b) of Section 3

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-46

Form EXP – 3 Base Indices

The Bidder shall indicate the source of labor and materials indices and the base date indices in its bid. In case,
the source of indices is not mentioned or indices not available in the mentioned source then the indices as per
IEEMA shall be applicable and the price variation shall be computed in terms of Indian Rupees and then shall
be converted into the currency in which payment of the equipment is to be made.

A. For Equipment Price Component:

Reference IEEMA Circular Value of Base

IEEMA Price showing values Indices
Variation of various base
Source of Circular to be indices ( One
Indices enclosed Month Prior to
Sl. No. Name of Materials Used other
date of opening
then
of Techno-
IEEMA
Commercial Part
of Bid) to be
enclosed
1 2 3 4 5 6
To be
filled by
bidder
I. Yes/ No Yes/ No SBLo
For Tower Parts
SBIo
Zno
Wo
For GI Bolts & Nuts, GI Yes/ No Yes/ No SBLo
II. Step Bolts & Nuts and
Zno
Electro Galvanised
Spring Washers Wo
Yes/ No Yes/ No Go=
For G.S. Earthwire
III.

Note :-

(1) The base date shall be one Month Prior to date of opening of Techno-Commercial Part of Bid.
(2) The bidder should indicate in the bid the source and authenticity of the indices (tabulated above) for price
adjustment and it should be widely adopted and accepted in bidder’s country other wise IEEMA indices shall
be applicable.
(3) Formula for price adjustment shall be applicable as detailed in Annexure-A.

B. For Erection Price Component:

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-47

S. No. Name of Materials Value of co- Name of the published Value of index as
efficient index one month prior to
the due date of
opening of Techno-
Commercial Part of
bid
1 2 3 4 5
1. For Erection Price Component (including civil works but excluding ‘supply & placement of
reinforcement steel’, ‘concreting’, survey and aviation signal )
i.) Rate for Diesel Oil as published by 0.22 IOC Circular
Indian Oil Corporation which has
jurisdiction over the place of work.
ii.) Indian field Labour index-namely All 0.58 All India CPI Index for
India Consumer Price Index for Industrial workers as
industrial workers as published by published by Labour Bureau,
Labour Bureau, Shimla (Govt. of Shimla (GoI) & circulated by
India). IEEMA
2. Supply & Placement of
Reinforcement Steel
i) Rate for Diesel Oil as published by 0.10 IOC Circular
Indian Oil Corporation which has
jurisdiction over the place of work.
ii) Indian field Labour index-namely All 0.05 All India CPI Index for
India Consumer Price Index for Industrial workers as
industrial workers as published by published by Labour Bureau,
Labour Bureau, Shimla (Govt. of Shimla (GoI) & circulated by
India). IEEMA
B Whole sale Price Index number for 0.65 as published by office of
‘Ferrous Metals’ (Group Item) Economic Advisor, Ministry
(monthly) (Base 2004-05=100) of Commerce & Industry on
their website
www.eaindustry.nic.in
3. For Concreting
i) Rate for Diesel Oil as published by 0.20 IOC Circular
Indian Oil Corporation which has
jurisdiction over the place of work.
ii) Indian field Labour index-namely All 0.10 All India CPI Index for
India Consumer Price Index for Industrial workers as
industrial workers as published by published by Labour Bureau,
Labour Bureau, Shimla (Govt. of Shimla (GoI) & circulated by
India). IEEMA
iii) Whole sale Price Index number for 0.30 as published by office of
‘Cement & Lime’ (Group Item) Economic Advisor, Ministry
(monthly) (Base 2004-05=100) of Commerce & Industry on
their website
www.eaindustry.nic.in
iv) Whole sale Price Index numbers for 0.20 as published by office of
‘Structural Clay Products’ (Group Economic Advisor, Ministry
Item) (monthly) (Base 2004-05=100) of Commerce & Industry on
their website
www.eaindustry.nic.in

Note :-
(1) The base date shall be one Month Prior to date of opening of Techno-Commercial Part of Bid.

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-48

Date : (Signature) ...................................................

Place : (Printed Name) ............................................

(Designation) ...............................................

(Common Seal) ............................................

Bidding Document for RVPN /KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 4 - Bidding Forms 4-49

Note: in case of associations the “Declaration of Undertaking” is to be duly signed by all member companies (JV
partners)

Declaration of Undertaking

We underscore the importance of a free, fair and competitive procurement process that
precludes abusive practices. In this respect we have neither offered nor granted directly or
indirectly any inadmissible advantages to any public servant or other person nor accepted
such advantages in connection with our bid, nor will we offer or grant or accept any such
incentives or conditions in the present procurement process or, in the event that we are
awarded the contract, in the subsequent execution of the contract. We also declare that no
conflict of interest exists in the meaning of the kind described in the corresponding
Guidelines6.
We also underscore the importance of adhering to environmental and social standards in the
implementation of the project. We undertake to comply with applicable labour laws and the
Core Labour Standards of the International Labour Organization (ILO) as well as national
and applicable international standards of environmental protection and health and safety
standards.
We will inform our staff about their respective obligations and about their obligation to fulfil
this declaration of undertaking and to obey the laws of the country of India.

We also declare that our company/all members of the consortium has/have not been
included in the list of sanctions of the United Nations, nor of the EU, nor of the German
Government, nor in any other list of sanctions and affirm that our company/all members of
the consortium will immediately inform the client and KfW if this situation should occur at a
later stage.

We acknowledge that, in the event that our company (or a member of the consortium) is
added to a list of sanctions that is legally binding on the client and/or KfW, the client is
entitled to exclude our company/the consortium from the procurement procedure and, if the
contract is awarded to our company/the consortium, to terminate the contract immediately if
the statements made in the Declaration of Undertaking were objectively false or the reason
for exclusion occurs after the Declaration of Undertaking has been issued..

.............................. ................... .......................................................

(Place) (Date) (Name of company)

.......................................................

(Signature(s))
Bidding Document for RVPN /KfW/ICB-7
Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 5 - Eligible Countries 5-1

Section 5 - Eligible Countries

Bidders (of all countries) may submit bids if none of the following reasons for
exclusion apply:

1. Participation of a Bidder is ruled out by sanctions issued by the UN Security

Council or sanctions issued by the European Union or the German
Government;

2. The Bidder is or was involved as a consultant in the preparation or

implementation of the project;

3. The same applies to an enterprise or an individual that is closely connected to

the Bidder under a company group or a similar business link, or to several
enterprises or individuals associated correspondingly (exception: In BOT
projects or turnkey projects a participation of future suppliers or manufacturers
may even be desirable);

The Bidder is legally barred from the procurement process in the country of the
contracting agency on the grounds of previous violations of regulations on fraud and
corruption

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-1

Section 6 - Employer’s Requirements

Table of Contents

1. Scope of Supply of Plant and Services .................................................................... 2 

2. Specification .............................................................................................................. 6 
3. Drawings..................................................................................................................... 7 
4. Supplementary Information ...................................................................................... 8 
5. Bank Guarantees and Certificates ........................................................................... 9 
5.1 Form of Performance Security ................................................................. 10 
5.2 Form of Advance Payment Security ........................................................ 11 
5.3 Form of Completion Certificate ................................................................ 12 
5.4 Form of Operational Acceptance Certificate ........................................... 13 
6. Change Orders ......................................................................................................... 14 
6.1.   Change Order Procedure .................................................................................... 15 
6.1.1 General ................................................................................................................ 15 
6.1.2   Change Order Log......................................................................................... 15 
6.1.3 References for Changes ..................................................................................... 15 
6.2  Change Order Forms ........................................................................................... 16 
6.2.1 Request for Change Proposal Form ................................................................. 16 
6.2.2 Estimate for Change Proposal Form .................................................... 18 
6.2.3 Acceptance of Estimate Form ............................................................... 19 
6.2.4 Change Proposal Form .......................................................................... 20 
6.2.5 Change Order Form ................................................................................ 22 
6.2.6 Pending Agreement Change Order Form ............................................. 23 
6.2.7 Application for Change Proposal Form ................................................ 24
7.0 Personnel Requirement ......................................................................... 25
8.0 Equipment Requirement ....................................................................... 25

9.0 Subcontractors .......................................................................................... 26

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-2

1. Scope of Supply of Plant and Services

Supply, Erection, Testing and Commissioning of the following plant as per

this bidding document (Vol-I and Vol-II)

for

CONSTRUCTION OF

Construction of 220kV D/C Akal-Jaisalmer-2line – 75kMs.

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-3

1. General Information and Scope

1.1 Scope

1.1.1 The following 220 kV transmission line are included in the scope of the Contractor:-

Route length
kms.(Approx.)

Construction of 220kV D/C Akal- 75 Kms

Jaisalmer-2line – 75kMs.

1.1.2 This Specification covers the following scope of works:

(i) Detailed Survey, including route alignment, profiling, tower optimization & spotting soil
resistivity measurement & geotechnical investigation and check survey,

(ii) Fabrication, proto inspection, galvanizing and inspection & testing, supply of 220 kV
double circuit transmission line towers and their required body extensions as per owner
design including bolts, nuts and washers, anti theft type bolts & nuts, hangers, D-
shackles, U-Bolts, bird guards, bird flappers of appropriate design if identified during the
ESAI study for given line sections as a necessary accessory and all types of tower
accessories like phase plates, number plates, danger plates, circuit plates, anti-climbing
devices for all types of towers & their body extensions, design & supply of extensions (if
not available with owner) and special tower.

(iii) Type testing of all line material as per requirement given in related chapters,

(iv) Supply of bolts & nuts, Disc/long road insulators, GSS Earth wire, 24 Fiber (DWSM)
OPGW fibre optic cable, Joint box (24 Fibre), Hardware set for 24 Fibre OPGW Fibre
Optic cabling including all cable fittings & accessories, Hardware fittings for conductor &
Earth wire and other line accessories,

(v) Testing of reinforcement steel, cement, coarse aggregates, fine aggregate, water,
concrete and concrete cube as per Slandered Field Quality Plan.

(vi) Selection of foundations for different types of towers and casting of foundation for tower
footings as per owner’s design, design of foundation for extension of tower (if not
available with owner) and special towers for different type of soil condition,

(vii) Erection of towers, tack welding of bolts and nuts including supply and application of zinc
rich primer and enamel paint, tower earthing, fixing of insulator strings, stringing of
conductor (conductor shall be provided by RVPN), earth wire and OPGW fiber optic
cable along with all necessary line accessories,

(viii) Testing and commissioning of erected transmission line

(ix) Preparation of cases for clearance of forest, railway crossing, national highway, aviation
and

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-4

(x) Other items not specified above but required to complete the work.

(xi) All the Equipments/hardware proposed to be supplied shall have valid type test certificates
from any NABL approved laboratory or ILAC i.e. International Laboratory Accreditation
corporation or Accredited Laboratory of the manufacturer’s country, not older than 7 years
as on the date of bid opening or prior to commencement of supply.

1.1.3 ESIA Study:

1.14.1

Bidder shall engage a qualified consultancy company after award of contract for
preparation of the ESIA reports and project specific Environmental and Social
Management Plan (ESMP) as per the prescribed national and international applicable
policies and procedures. A generic version of the ESMP, to be updated after having
obtained the KfW no-objection, is contained in Appendix to Section 8, Special
Conditions of Contract.
These reports, and their required updates until no-objection is obtained from KfW, must
be prepared in the manner, acceptable to KfW. Any charges to be incurred for
preparation of ESIA document and the update of the ESMP shall be considered by the
bidder in his bid. No charges on this account shall be paid by the RVPN separately.

The Bidder shall advise the qualified consulting company to strictly adhere to the
following model table of content of the ESIA study.

1.14.2 Model Table of Content (ToC) for ESIA

Abbreviations
Executive Summary

1 INTRODUCTION
1.1 Project Background
1.2 Need & Objective of the ESIA Study
1.3 Scope of ESIA
1.4 Approach and Methodology, Limitations
1.5 Report Structure

2. ANALYSIS OF ALTERNATIVES
2.1 Introduction
2.2 Methodology
2.3 Project Description
2.4 Transmission Line and Alternative Route Alignments
2.5 Substation Site Selection
2.6 Preferred Alternative/ Substation Site

3. POLICY, LEGISLATIVE AND REGULATORY FRAMEWORKS

3.1 Introduction

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-5

3.2 Institutional Framework

3.3 Environmental Regulations and Legal Framework In India
3.4 Requirements of International Lender
3.5 Mandatory Requirements – Environment and Social
3.6 Applicable Laws and Regulations
3.7 Applicable Indian Standards/ Code of Practice on Power T/L and S/S

4. POTENTIAL ENVIRONMENTAL AND SOCIOECONOMIC IMPACTS

and RISKS
4.1 Introduction
4.2 Baseline Data
4.3 Area of Impact
4.4 Environmental Impacts and Risks
4.5 Socio-economic Impacts and Risks

5. INSTITUTIONAL ARRANGEMENT
5.1 Introduction
5.2 Organizational Structure
5.3 Public Disclosure
5.4 Stakeholder Engagement
5.5 Meaningful Consultation
5.6 Entitlement Matrix of PAPs
5.7 Grievance Redress Mechanism
5.8 Monitoring and Reporting

6. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

6.1 Introduction
6.2 Impact Mitigation Strategy
6.3 Environmental and Social Management Plan
7. CONCLUSION AND RECOMMENDATIONS

ESIA Annexes
a. Maps, Drawings, Photographs, Charts, Tables
b. Other Information

1.14.3 Generic ESMP as included in Tender Document

(copy to be taken from the Tender Documents; Section 8, Appendix 1)

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-6

2. Specification

Technical Specifications enclosed at Vol.II

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-7

3. Drawings

Enclosed at section IV
(for bid purpose only)

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-8

4. Supplementary Information

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-9

5. Bank Guarantees and Certificates

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-10

5.1 Standard Form of a Performance Bond

Address of guarantor bank:
…………………………………………………………………
………………………………………………………………….
…………………………………………………………………..
Address of beneficiary (contracting agency):
………………………………………………………………….
…………………………………………………………………..
…………………………………………………………………..
On ......................................you concluded with ................................................. ("Contractor") a
contract for ................................................................. (project, object of contract) at a price of
.................................................................
In accordance with the provisions of the contract the Contractor is obligated to provide a per-
formance bond for … % of the contract price.
We, the undersigned ……………………….. (Guarantor), waiving all objections and defences
under the aforementioned contract, hereby irrevocably and independently guarantee to pay on your
first written demand an amount up to a total of ............................................................... (in words:
................................................................................)
against your written declaration that the Contractor has failed to duly perform the aforementioned
contract.
In the event that any amount to be paid under this guarantee, payments shall be remitted to a special
account of the Borrower in the country of the Borrower, which may be drawn on only with the
consent of KfW. This guarantee shall expire no later than …………………………………….
By this date we must have received any claims for payment by letter or encoded telecommu-
nication.
It is understood that you will return this guarantee to us on expiry or after payment of the total
amount to be claimed hereunder.
This guarantee is governed by the laws of ……………………….
........................................................... .................................................
Place, date Guarantor

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-11

5.2 Standard Form of an Advance Payment Bond

Address of guarantor bank:
…………………………………………………………………
………………………………………………………………….
…………………………………………………………………..
Address of beneficiary (contracting agency):
………………………………………………………………….
…………………………………………………………………..
…………………………………………………………………..
On ......................................you concluded with ................................................. ("Contractor") a
contract for ................................................................. (project, object of contract) at a price of
.................................................................
In accordance with the provisions of the contract the Contractor receives an advance pay-ment in
the amount of …………………….., which represents ……………… % of the order value.
We, the undersigned ……………………….. (Guarantor), waiving all objections and defences
under the aforementioned contract, hereby irrevocably and independently guarantee to pay on your
first written demand any amount advanced to the Contractor up to a total of
............................................................... (in words:
................................................................................) against your written declaration that the
Contractor has failed to duly perform the aforementioned contract.
This guarantee shall come into force and effect as soon as the advance payment has been credited to
the account of the Contractor.
In the event that any amount to be paid under this guarantee, payments shall be remitted to a special
account of the Borrower in the country of the Borrower, which may be drawn on only with the
consent of KfW.”
This guarantee shall expire no later than …………………………………….
By this date we must have received any claims for payment by letter or encoded
telecommunication.
It is understood that you will return this guarantee to us on expiry or after payment of the total
amount to be claimed hereunder.
This guarantee is governed by the laws of ……………………….
........................................................... .................................................
Place, date Guarantor

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-12

5.3 Form of Completion Certificate

Contract: [. . . . .insert name of contract and contract identification details. . . . . ]

Date: .................................
Certificate No.: .................................

To: [. . . . .insert name and address of Contractor. . . . . ]

Dear Ladies and/or Gentlemen,

Pursuant to GC Clause 24 (Completion of the Facilities) of the General Conditions of the

Contract entered into between yourselves and the Employer dated [. . . . .insert date. . . . . ],
relating to the [. . . .brief description of the Facilities . . . .], we hereby notify you that the
following part(s) of the Facilities was (were) complete on the date specified below, and that,
in accordance with the terms of the Contract, the Employer hereby takes over the said
part(s) of the Facilities, together with the responsibility for care and custody and the risk of
loss thereof on the date mentioned below.

1. Description of the Facilities or part thereof: [. . . .description . . . .]

2. Date of Completion: [. . . .date . . . .]

However, you are required to complete the outstanding items listed in the attachment hereto
as soon as practicable.

This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.

Very truly yours,

[. . . .Signature . . . .]

Project Manager

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-13

5.4 Form of Operational Acceptance Certificate

Contract: [. . . . .insert name of contract and contract identification details. . . . . ]

Date: .................................
Certificate No.: .................................

To: [. . . . .insert name and address of Contractor. . . . . ]

Pursuant to GC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the

Contract entered into between yourselves and the Employer dated [date], relating to the
[brief description of the Facilities], we hereby notify you that the Functional Guarantees of
the following part(s) of the Facilities were satisfactorily attained on the date specified below.

1. Description of the Facilities or part thereof: [description]

2. Date of Operational Acceptance: [date]

This letter does not relieve you of your obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability Period.

Very truly yours,

[. . . .Signature . . . .]

Project Manager

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-14

6. Change Orders

6.1 Change Order Procedure

6.1.1 General
6.1.2 Change Order Log
6.1.3 References for Changes

6.2. Change Order Forms

6.2.1 Request for Change Proposal
6.2.2 Estimate for Change Proposal
6.2.3 Acceptance of Estimate
6.2.4 Change Proposal
6.2.5 Change Order
6.2.6 Pending Agreement Change Order
6.2.7 Application for Change Proposal

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-15

6.1. Change Order Procedure

6.1.1 General

This section provides samples of procedures and forms for implementing changes in
the Facilities during the performance of the Contract in accordance with GC Clause
39 (Change in the Facilities) of the General Conditions.

6.1.2 Change Order Log

The Contractor shall keep an up-to-date Change Order Log to show the current
status of Requests for Change and Changes authorized or pending, as Annex 8.
Entries of the Changes in the Change Order Log shall be made to ensure that the log
is up-to-date. The Contractor shall attach a copy of the current Change Order Log in
the monthly progress report to be submitted to the Employer.

6.1.3 References for Changes

(1) Request for Change as referred to in GC Clause 39 shall be serially numbered

CR-X-nnn.

(2) Estimate for Change Proposal as referred to in GC Clause 39 shall be serially

numbered CN-X-nnn.

(3) Acceptance of Estimate as referred to in GC Clause 39 shall be serially

numbered CA-X-nnn.

(4) Change Proposal as referred to in GC Clause 39 shall be serially numbered

CP-X-nnn.

(5) Change Order as referred to in GC Clause 39 shall be serially numbered CO-

X-nnn.

Note:
(a) Requests for Change issued from the Employer’s Home Office and the Site
representatives of the Employer shall have the following respective references:

Home Office CR-H-nnn

Site CR-S-nnn

(b) The above number “nnn” is the same for Request for Change, Estimate for
Change Proposal, Acceptance of Estimate, Change Proposal and Change
Order.

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-16

6.2 Change Order Forms

6.2.1 Request for Change Proposal Form

[ Employer’s Letterhead ]

To: [ Contractor’s name and address ] Date:

Attention: [ Name and title ]

Contract Name: [ Contract name ]

Contract Number: [ Contract number ]

Dear Ladies and/or Gentlemen:

With reference to the captioned Contract, you are requested to prepare and submit a
Change Proposal for the Change noted below in accordance with the following instructions
within [ number ] days of the date of this letter [or on or before ( date )].

1. Title of Change: [ Title ]

2. Change Request No./Rev.: [ Number ]
3. Originator of Change:
Employer: [Name]
Contractor (by Application for Change Proposal No. [Number Refer to Annex
6.2.7]
4. Brief Description of Change: [ Description ]
5. Facilities and/or Item No. of equipment related to the requested Change: [
Description ]
6. Reference drawings and/or technical documents for the request of Change:
Drawing No./Document No. Description
7. Detailed conditions or special requirements on the requested Change: [ Description
]
8. General Terms and Conditions:
(a) Please submit your estimate to us showing what effect the requested Change will
have on the Contract Price.
(b) Your estimate shall include your claim for the additional time, if any, for
completion of the requested Change.
(c) If you have any critical opinion regarding the adoption of the requested Change
in connection with the conformability to the other provisions of the Contract or the
safety of the Plant or Facilities, please inform us of your opinion in your proposal
of revised provisions.
(d) Any increase or decrease in the work of the Contractor relating to the services of
its personnel shall be calculated.

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-17

(e) You shall not proceed with the execution of the work for the requested Change
until we have accepted and confirmed the amount and nature in writing.
[ Employer’s Name ]
[ Signature ]
[ Name of signatory ]
[ Title of signatory ]

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-18

6.2.2 Estimate for Change Proposal Form

[ Contractor’s Letter head ]

To: [ Employer's name and address ] Date:

Attention: [ Name and title ]

Contract Name: [ Contract name ]

Contract Number: [ Contract number ]

Dear Ladies and/or Gentlemen:

With reference to your Request for Change Proposal, we are pleased to notify you of the
approximate cost of preparing the below-referenced Change Proposal in accordance with
GC Sub-Clause 39.2.1 of the General Conditions. We acknowledge that your agreement to
the cost of preparing the Change Proposal, in accordance with GC Sub-Clause 39.2.2, is
required before estimating the cost for change work.

1. Title of Change: [ Title ]

2. Change Request No./Rev.: [ Number ]
3. Brief Description of Change: [ Description ]
4. Scheduled Impact of Change: [ Description ]
5. Cost for Preparation of Change Proposal: [ insert costs which shall be in the
currencies of the Contract ]
(a) Engineering (Amount)

(i) Engineer hrs x rate/hr =

(ii) Draftsperson hrs x rate/hr =

Sub-total hrs
Total Engineering Cost

(b) Other Cost

Total Cost (a) + (b)

[ Contractor's Name ]
[ Signature ]
[ Name of signatory ]
[ Title of signatory ]

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-19

6.2.3 Acceptance of Estimate Form

[Employer’s Letterhead]

To: [ Contractor’s name and address ] Date:

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

We hereby accept your Estimate for Change Proposal and agree that you should proceed
with the preparation of the Change Proposal.

1. Title of Change: [ Title ]

2. Change Request No./Rev.: [ Request number/revision ]
3. Estimate for Change Proposal No./Rev.: [ Proposal number/revision ]
4. Acceptance of Estimate No./Rev.: [ Estimate number/revision ]
5. Brief Description of Change: [ Description ]
6. Other Terms and Conditions: In the event that we decide not to order the Change
accepted, you shall be entitled to compensation for the cost of preparation of Change
Proposal described in your Estimate for Change Proposal mentioned in para. 3 above
in accordance with GC Clause 39 of the General Conditions.

[ Employer’s Name ]
[ Signature ]
[ Name of signatory ]
[ Title of signatory ]

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-20

6.2.4 Change Proposal Form

[ Contractor’s Letterhead ]

To: [ Employer's name and address ] Date:

Attention: [ Name and title ]

Contract Name: [ Contract name ]

Contract Number: [ Contract number ]

Dear Ladies and/or Gentlemen:

In response to your Request for Change Proposal No. [Number], we hereby submit our
proposal as follows:

1. Title of Change: [ Name ]

2. Change Proposal No./Rev.: [ Proposal number / revision ]
3. Originator of Change: Employer: [ Name ] / Contractor: [ Name ]
4. Brief Description of Change: [ Description ]
5. Reasons for Change: [ Reason ]
6. Facilities and/or Item No. of Equipment related to the requested Change: [ Facilities
]
7. Reference drawings and/or technical documents for the requested Change:
[Drawing/Document No./Description]
8. Estimate of increase/decrease to the Contract Price resulting from Change Proposal:
Amount
[ insert amounts in the
currencies of the Contract ]
(a) Direct material

(b) Major construction equipment

(c) Direct field labor (Total hrs)

(d) Subcontracts

(e) Indirect material and labor

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-21

(f) Site supervision

(g) Head office technical staff salaries

Process engineer hrs @ rate/hr
Project engineer hrs @ rate/hr

Equipment engineer hrs @ rate/hr

Procurement hrs @ rate/hr

Draftsperson hrs @ rate/hr

Total hrs

(h) Extraordinary costs (computer, travel, etc.)

(i) Fee for general administration, % of Items

(j) Taxes and customs duties

Total lump sum cost of Change Proposal [Sum of items (a) to (j)]
Cost to prepare Estimate for Change Proposal [Amount payable if
Change is not accepted]

9. Additional time for Completion required due to Change Proposal

10. Effect on the Functional Guarantees
11. Effect on the other terms and conditions of the Contract
12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the
Employer
13. Other terms and conditions of this Change Proposal:
(a) You are requested to notify us of your acceptance, comments or rejection of this
detailed Change Proposal within [Number] days from your receipt of this
Proposal.
(b) The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.
(c) Contractor’s cost for preparation of this Change Proposal: [ . . . .insert amount.
This cost shall be reimbursed by the Employer in case of Employer’s
withdrawal or rejection of this Change Proposal without default of the
Contractor in accordance with GC Clause 39 of the General Conditions . . . ]

[ Contractor's Name ]
[ Signature ]
[ Name of signatory ]
[ Title of signatory ]

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-22

6.2.5 Change Order Form

[Employer’s Letterhead]

To: [ Contractor’s name and address ] Date:

Attention: [ Name and title ]

Contract Name: [ Contract name ]

Contract Number: [ Contract number ]

Dear Ladies and/or Gentlemen:

We approve the Change Order for the work specified in the Change Proposal (No. [
number ]), and agree to adjust the Contract Price, Time for Completion and/or other
conditions of the Contract in accordance with GC Clause 39 of the General Conditions.

1. Title of Change: [ Name ]

2. Change Request No./Rev.: [ Request number / revision ]

3. Change Order No./Rev.: [ Order number / revision ]

4. Originator of Change: Employer: [Name] / Contractor: [ Name ]

5. Authorized Price:
Ref. No.: [ Number ] Date: [ Date ]
Foreign currency portion [Amount] plus Local currency portion [ Amount ]

6. Adjustment of Time for Completion

None Increase [ Number ] days Decrease [ Number ]
days

7. Other effects, if any

Authorized by: Date:

Employer

Accepted by: Date:

Contractor

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-23

6.2.6 Pending Agreement Change Order Form

[Employer’s Letterhead]

To: [ Contractor’s name and address ] Date:

Attention: [ Name and title ]

Contract Name: [ Contract name ]

Contract Number: [ Contract number ]

Dear Ladies and/or Gentlemen:

We instruct you to carry out the work in the Change Order detailed below in accordance with
GC Clause 39 of the General Conditions.

1. Title of Change: [ Name ]

2. Employer’s Request for Change Proposal No./Rev.: [ number/revision ] dated: [

date ]

3. Contractor’s Change Proposal No./Rev.: [ number / revision ] dated: [

date ]

4. Brief Description of Change: [ Description ]

5. Facilities and/or Item No. of equipment related to the requested Change: [ Facilities ]

6. Reference Drawings and/or technical documents for the requested Change:

[ Drawing / Document No. / Description ]

7. Adjustment of Time for Completion:

8. Other change in the Contract terms:

9. Other terms and conditions:

[ Employer’s Name ]
[ Signature ]
[ Name of signatory ]
[ Title of signatory ]

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-24

6.2.7 Application for Change Proposal Form

[ Contractor’s Letterhead ]

To: [ Employer's name and address ] Date:

Attention: [ Name and title ]

Contract Name: [ Contract name ]

Contract Number: [ Contract number ]

Dear Ladies and/or Gentlemen:

We hereby propose that the below-mentioned work be treated as a Change in the Facilities.

1. Title of Change: [ Name ]

2. Application for Change Proposal No./Rev.: [ Number / revision ] dated: [

Date ]

3. Brief Description of Change: [ Description ]

4. Reasons for Change:

5. Order of Magnitude Estimation (amount in the currencies of the Contract): [ Amount ]

6. Scheduled Impact of Change:

7. Effect on Functional Guarantees, if any:

8. Appendix:

[ Contractor's Name ]
[ Signature ]
[ Name of signatory ]
[ Title of signatory ]

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-25

7.0 Personnel
The Bidder must demonstrate that it has the personnel for the key positions that meet the
following requirements:

Total Work Experience In

Sr. Minimum
Position Experience Similar Work
No. requirement
[years] [years]

1 Project Manager Civil and 2 Nos. 10 Years 07 Years

Electrical functions
2 Supervisors minimum 1 3 Nos. 10 Years 5 Years
Electrical and 2 Civil
functions
3 Surveyor 2 Nos. 5 Years 3 Years
4 Store in charge 2 Nos. 5 Years 3 Years
5 IT professional 2 Nos. 5 Years 3 Years

The Bidder shall provide details of the proposed personnel and their experience records in the
relevant Information Forms included in Section 4 (Bidding Forms).

8.0 Equipment
The Bidder must demonstrate that it has the key equipment listed hereafter:

No. Equipment Type and Characteristics Min. Number Required

1. Hydraulic Puller M/C – 9T 2

2. Hydraulic Tensioner M/C – 9T 2
3. Hydraulic Crane – 9T 2
4. Three Sheave Arial Rollers 100
5. Hydraulic Compressor Joint 6
6. Drum Lifting Jacks 10
7. Sag winch machine 3
8. Spacer Cycle 6

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 6- Employer’s Requirements 6-26

Subcontractors
Subcontractors/manufacturers for the following major items of supply or services must meet
the following minimum criteria, herein listed for that item. Failure to comply with this
requirement will result in rejection of the subcontractor.

Item No. Description of Item Minimum Criteria to be met

1 Supply of all the items as per BOQ (a) Minimum 50% of the total quantity
(Same or higher rating) during last five
financial years.
(b) satisfactory performance certificate
of 2 (Two) years as on the date of
approval of the sub-contractors.
2 Execution of Transmission Line One turnkey contact for 50Km of 220KV
Voltage class or above during last five
financial years.

In the case of a Bidder who offers to supply and install major items of supply under the
contract that the Bidder did not manufacture or otherwise produce, the Bidder shall provide the
manufacturer’s authorization, using the form provided in Section 4 (Bidding Forms), showing
that the Bidder has been duly authorized by the manufacturer or producer of the related plant
and equipment or component to supply and install that item in the Employer’s country. The
Bidder is responsible for ensuring that the manufacturer or producer complies with the
requirements of ITB 4 and 5 and meets the minimum criteria listed above for that item.

Bidding Document for RVPN/KfW/ICB-7

Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 7. General Conditions of Contract

Section 7 - General Conditions of Contract

These General Conditions of Contract (GCC) are based on the Model Form of International Contract for
Process Plant Construction published by the Engineering Advancement Association of Japan (ENAA).
The Multilateral Development Banks (MDBs) participating in the procurement harmonization process
gratefully acknowledge the contribution of ENAA to the advancement of good contracting practices in
their member countries. The GCC contain general clauses to be applied on all contracts. The GCC in
this Section, read in conjunction with the Special Conditions of Contract in Section 8 and other
documents listed therein, should be a complete document expressing all the rights and obligations of
the contracting parties. The General Conditions herein shall not be altered.

Table of Clauses

A. Contract and Interpretation 3 

1.  Definitions ..................................................................................................................... 3 

2.  Contract Documents ..................................................................................................... 5 
3.  Interpretation ................................................................................................................ 5 
4. Communications ............................................................................................................ 7 
5.  Law and Language ....................................................................................................... 7 
6.  Corrupt Practices .......................................................................................................... 7 

B. Subject Matter of Contract 8 

7.  Scope of Facilities ........................................................................................................ 8 

8.  Time for Commencement and Completion .................................................................. 9 
9.  Contractor’s Responsibilities ........................................................................................ 9 
10.  Employer’s Responsibilities ........................................................................................ 10 

C. Payment 11 

11.  Contract Price ............................................................................................................. 11 

12.  Terms of Payment ...................................................................................................... 11 
13.  Securities .................................................................................................................... 12 
14.  Taxes and Duties........................................................................................................ 13 

D. Intellectual Property 13 

15.  License/Use of Technical Information ........................................................................ 13 

16.  Confidential Information ............................................................................................. 14 

E. Execution of the Facilities 15 

17.  Representatives.......................................................................................................... 15 

18.  Work Program ............................................................................................................ 16 
19.Subcontracting ............................................................................................................. 17 
20.  Design and Engineering ............................................................................................. 18 
21.  Procurement ............................................................................................................... 20 
22.  Installation .................................................................................................................. 21 
23.  Test and Inspection .................................................................................................... 27 

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24.  Completion of the Facilities ......................................................................................... 29 

25. Commissioning and Operational Acceptance ............................................................. 30 

F. Guarantees and Liabilities 33 

26.  Completion Time Guarantee ....................................................................................... 33 

27.  Defect Liability............................................................................................................. 34 
28.  Functional Guarantees................................................................................................ 35 
29.  Patent Indemnity ......................................................................................................... 36 
30.  Limitation of Liability.................................................................................................... 37 

G. Risk Distribution 37 

31.  Transfer of Ownership ................................................................................................ 37 

32.  Care of Facilities ......................................................................................................... 38 
33.  Loss of or Damage to Property; Accident or Injury to Workers; Indemnification ........ 39 
34.  Insurance .................................................................................................................... 40 
35.  Unforeseen Conditions ............................................................................................... 42 
36.  Change in Laws and Regulations ............................................................................... 43 
37.  Force Majeure ............................................................................................................. 43 
38.  War Risks .................................................................................................................... 45 

H. Change in Contract Elements 46 

39.  Change in the Facilities............................................................................................... 46 

40.  Extension of Time for Completion............................................................................... 49 
41.  Suspension ................................................................................................................. 50 
42.  Termination ................................................................................................................. 51 
43.  Assignment ................................................................................................................. 56 

I. Claims, Disputes and Arbitration 56 

44.  Contractor’s Claims..................................................................................................... 56 

45. Disputes and Arbitration .............................................................................................. 58 

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General Conditions
A. Contract and Interpretation

1. Definitions 1.1 The following words and expressions shall have the meanings hereby
assigned them:

“Contract” means the Contract Agreement entered into between the

Employer and the Contractor, together with the Contract Documents
referred to therein; they shall constitute the Contract, and the term “the
Contract” shall in all such documents be construed accordingly.

“Contract Documents” means the documents listed in Article 1.1

(Contract Documents) of the Contract Agreement (including any
amendments thereto).

“GCC” means the General Conditions of Contract.

“SCC” means the Special Conditions of Contract.

“day” means calendar day .

“year” means 365 days.

“month” means calendar month.

“Party” means the Employer or the Contractor, as the context requires.

“Employer” means the person named as such in the SCC and includes
the legal successors or permitted assigns of the Employer.

“Project Manager” means the person appointed by the Employer in the

manner provided in GCC Sub-Clause 17.1 (Project Manager) hereof
and named as such in the SCC to perform the duties delegated by the
Employer.

“Contractor” means the person(s) named as Contractor in the Contract

Agreement, and includes the legal successors or permitted assigns of
the Contractor.

“Contractor’s Representative” means any person nominated by the

Contractor and approved by the Employer in the manner provided in
GCC Sub-Clause 17.2 (Contractor’s Representative and Construction
Manager) hereof to perform the duties delegated by the Contractor.

“Construction Manager” means the person appointed by the

Contractor’s Representative in the manner provided in GCC Sub-
Clause 17.2.4.

“Subcontractor,” including manufacturers, means any person to whom

execution of any part of the Facilities, including preparation of any
design or supply of any Plant, is sub-contracted directly or indirectly by
the Contractor, and includes its legal successors or permitted assigns.

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“Dispute Board” (DB) means the person or persons named as such in

the SCC appointed by agreement between the Employer and the
Contractor to make a decision on or to settle any dispute or difference
between the Employer and the Contractor referred to him or her by the
parties pursuant to GCC Sub-Clause 44…. (Dispute Board) hereof.

“The Bank” means the financing institution named in the SCC.

“Contract Price” means the sum specified in Article 2.1 (Contract Price)
of the Contract Agreement, subject to such additions and adjustments
thereto or deductions therefrom, as may be made pursuant to the
Contract.

“Facilities” means the Plant to be supplied and installed, as well as all

the Installation Services to be carried out by the Contractor under the
Contract.

“Plant” means permanent plant, equipment, machinery, apparatus,

articles and things of all kinds to be provided and incorporated in the
Facilities by the Contractor under the Contract (including the spare
parts to be supplied by the Contractor under GCC Sub-Clause 7.3
hereof), but does not include Contractor’s Equipment.

“Installation Services” means all those services ancillary to the supply

of the Plant for the Facilities, to be provided by the Contractor under
the Contract, such as transportation and provision of marine or other
similar insurance, inspection, expediting, site preparation works
(including the provision and use of Contractor’s Equipment and the
supply of all construction materials required), installation, testing,
precommissioning, commissioning, operations, maintenance, the
provision of operations and maintenance manuals, training, etc… as
the case may require.

“Contractor’s Equipment” means all facilities, equipment, machinery,

tools, apparatus, appliances or things of every kind required in or for
installation, completion and maintenance of Facilities that are to be
provided by the Contractor, but does not include Plant, or other things
intended to form or forming part of the Facilities.

“Country of Origin” means the countries and territories eligible under

the rules of the Bank as further elaborated in the SCC.

“Site” means the land and other places upon which the Facilities are to
be installed, and such other land or places as may be specified in the
Contract as forming part of the Site.

“Effective Date” means the date of fulfillment of all conditions stated in

Article 3 (Effective Date) of the Contract Agreement, upon which the
period until the Time for Completion shall be counted from.

“Time for Completion” means the time within which Completion of the
Facilities as a whole (or of a part of the Facilities where a separate
Time for Completion of such part has been prescribed) is to be
attained, as referred to in GCC Clause 8 and in accordance with the
relevant provisions of the Contract.

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“Completion” means that the Facilities (or a specific part thereof where
specific parts are specified in the Contract) have been completed
operationally and structurally and put in a tight and clean condition,
that all work in respect of Precommissioning of the Facilities or such
specific part thereof has been completed, and that the Facilities or
specific part thereof are ready for Commissioning as provided in GCC
Clause 24 (Completion) hereof.

“Precommissioning” means the testing, checking and other

requirements specified in the Employer’s Requirements that are to be
carried out by the Contractor in preparation for Commissioning as
provided in GCC Clause 24 (Completion) hereof.

“Commissioning” means operation of the Facilities or any part thereof

by the Contractor following Completion, which operation is to be
carried out by the Contractor as provided in GCC Sub-Clause 25.1
(Commissioning) hereof, for the purpose of carrying out Guarantee
Test(s).

“Guarantee Test(s)” means the test(s) specified in the Employer’s

Requirements to be carried out to ascertain whether the Facilities or a
specified part thereof is able to attain the Functional Guarantees
specified in the Appendix (Functional Guarantees) to the Contract
Agreement in accordance with the provisions of GCC Sub-Clause 25.2
(Guarantee Test) hereof.

“Operational Acceptance” means the acceptance by the Employer of

the Facilities (or any part of the Facilities where the Contract provides
for acceptance of the Facilities in parts), which certifies the
Contractor’s fulfillment of the Contract in respect of Functional
Guarantees of the Facilities (or the relevant part thereof) in accordance
with the provisions of GCC Clause 28 (Functional Guarantees) hereof
and shall include deemed acceptance in accordance with GCC Clause
25 (Commissioning and Operational Acceptance) hereof.

“Defect Liability Period” means the period of validity of the warranties

given by the Contractor commencing at Completion of the Facilities or
a part thereof, during which the Contractor is responsible for defects
with respect to the Facilities (or the relevant part thereof) as provided
in GCC Clause 27 (Defect Liability) hereof.

2. Contract 2.1 Subject to Article 1.2 (Order of Precedence) of the Contract

Documents Agreement, all documents forming part of the Contract (and all parts
thereof) are intended to be correlative, complementary and mutually
explanatory. The Contract shall be read as a whole.

3. Interpretation 3.1 In the Contract, except where the context requires otherwise:
(a) words indicating one gender include all genders;
(b) words indicating the singular also include the plural and words
indicating the plural also include the singular;
(c) provisions including the word “agree”, “agreed” or “agreement”
require the agreement to be record in writing;

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(d) the word “tender” is synonymous with “bid”, “tenderer” with

“bidder” and “tender documents” with “bidding documents”; and
(e) “written” or “in writing” means hand-written, type-written, printed
or electronically made, and resulting in a permanent record.

The marginal words and other headings shall not be taken into
consideration in the interpretation of these Conditions.

3.2 Incoterms

Unless inconsistent with any provision of the Contract, the meaning of

any trade term and the rights and obligations of parties thereunder
shall be as prescribed by Incoterms.

Incoterms means international rules for interpreting trade terms

published by the International Chamber of Commerce (latest edition),
38 Cours Albert 1er, 75008 Paris, France.

3.4 Entire Agreement

Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the
entire agreement between the Employer and Contractor with respect to
the subject matter of Contract and supersedes all communications,
negotiations and agreements (whether written or oral) of parties with
respect thereto made prior to the date of Contract.

3.5 Amendment
No amendment or other variation of the Contract shall be effective
unless it is in writing, is dated, expressly refers to the Contract, and is
signed by a duly authorized representative of each party hereto.

3.6 Independent Contractor

The Contractor shall be an independent contractor performing the
Contract. The Contract does not create any agency, partnership, joint
venture or other joint relationship between the parties hereto. Subject to
the provisions of the Contract, the Contractor shall be solely
responsible for the manner in which the Contract is performed. All
employees, representatives or Subcontractors engaged by the
Contractor in connection with the performance of the Contract shall be
under the complete control of the Contractor and shall not be deemed
to be employees of the Employer, and nothing contained in the
Contract or in any subcontract awarded by the Contractor shall be
construed to create any contractual relationship between any such
employees, representatives or Subcontractors and the Employer.

3.7 Non-Waiver
3.7.1 Subject to GCC Sub-Clause 3.7.2 below, no relaxation,
forbearance, delay or indulgence by either party in enforcing
any of the terms and conditions of the Contract or the granting
of time by either party to the other shall prejudice, affect or
restrict the rights of that party under the Contract, nor shall any
waiver by either party of any breach of Contract operate as
waiver of any subsequent or continuing breach of Contract.

3.7.2 Any waiver of a party’s rights, powers or remedies under the

Contract must be in writing, must be dated and signed by an

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authorized representative of the party granting such waiver,

and must specify the right and the extent to which it is being
waived.

3.8 Severability
If any provision or condition of the Contract is prohibited or rendered
invalid or unenforceable, such prohibition, invalidity or unenforceability
shall not affect the validity or enforceability of any other provisions and
conditions of the Contract.

3.9 Country of Origin

“Origin” means the place where the plant and component parts thereof
are mined, grown, produced or manufactured, and from which the
services are provided. Plant components are produced when, through
manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that is
substantially in its basic characteristics or in purpose or utility from its
components.

4. Communications 4.1 Wherever these Conditions provide for the giving or issuing of
approvals, certificates, consents, determinations, notices, requests
and discharges, these communications shall be:
(a) in writing and delivered against receipt; and
(b) delivered, sent or transmitted to the address for the recipient’s
communications as stated in the Contract Agreement.
When a certificate is issued to a Party, the certifier shall send a copy to
the other Party. When a notice is issued to a Party, by the other Party
or the Project Manager, a copy shall be sent to the Project Manager or
the other Party, as the case may be.

5. Law and 5.1 The Contract shall be governed by and interpreted in accordance with
Language laws of the country specified in the SCC.

5.2 The ruling language of the Contract shall be that stated in the SCC.

5.3 The language for communications shall be the ruling language unless
otherwise stated in the SCC.

6. Corrupt 6.1 The Bank’s Anticorruption Policy requires Borrowers (including

Practices beneficiaries of Bank-financed activity), as well as bidders, suppliers,
and contractors under Bank-financed contracts, observe the highest
standard of ethics during the procurement and execution of such
contracts. In pursuance of this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth
below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to
influence improperly the actions of another party;

(ii) “fraudulent practice” means any act or omission, including

a misrepresentation, that knowingly or recklessly
misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;

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(iii) “coercive practice” means impairing or harming, or

threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party;

(iv) “collusive practice” means an arrangement between

two or more parties designed to achieve an
improper purpose, including influencing improperly
the actions of another party.
(b) will cancel the portion of the financing allocated to a contract if it
determines at any time that representatives of the Borrower or
of a beneficiary of the Bank-financing engaged in corrupt,
fraudulent, collusive, or coercive practices during the
procurement or the execution of that contract, without the
Borrower having taken timely and appropriate action
satisfactory to the Bank to remedy the situation;

(c) will sanction a firm or an individual, at any time, in accordance

with the Bank’s Anticorruption Policy and Integrity Principles
and Guidelines (both as amended from time to time), including
declaring ineligible, either indefinitely or for a stated period of
time, to participate in the Bank--financed or Bank-administered
activities or to benefit from the Bank--financed or Bank--
administered contract, financially or otherwise, if it at any time
determines that the firm or individual has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, or coercive or
other prohibited practices; and

(d) will have the right to require suppliers and contractors to permit
the Bank or its representative to inspect their accounts and
records and other documents relating to the bid submission and
contract performance and to have them audited by auditors
appointed by the Bank.

B. Subject Matter of Contract

7. Scope of 7.1 Unless otherwise expressly limited in the Employer’s Requirements,

Facilities the Contractor’s obligations cover the provision of all Plant and the
performance of all Installation Services required for the design, the
manufacture (including procurement, quality assurance, construction,
installation, associated civil works, Precommissioning and delivery) of
the Plant and the installation, completion and commissioning of the
Facilities in accordance with the plans, procedures, specifications,
drawings, codes and any other documents as specified in the Section,
Employer’s Requirements. Such specifications include, but are not
limited to, the provision of supervision and engineering services; the
supply of labor, materials, equipment, spare parts (as specified in GCC
Sub-Clause 7.3 below) and accessories; Contractor’s Equipment;
construction utilities and supplies; temporary materials, structures and
facilities; transportation (including, without limitation, unloading and
hauling to, from and at the Site); and storage, except for those
supplies, works and services that will be provided or performed by the
Employer, as set forth in the Appendix (Scope of Works and Supply by

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the Employer) to the Contract Agreement.

7.2 The Contractor shall, unless specifically excluded in the Contract,

perform all such work and/or supply all such items and materials not
specifically mentioned in the Contract but that can be reasonably
inferred from the Contract as being required for attaining Completion of
the Facilities as if such work and/or items and materials were expressly
mentioned in the Contract.
7.3 In addition to the supply of Mandatory Spare Parts included in the
Contract, the Contractor agrees to supply spare parts required for the
operation and maintenance of the Facilities for the period specified in
the SCC and the provisions, if any, specified in the SCC. However, the
identity, specifications and quantities of such spare parts and the terms
and conditions relating to the supply thereof are to be agreed between
the Employer and the Contractor, and the price of such spare parts
shall be that given in Price Schedule No. 6, which shall be added to the
Contract Price. The price of such spare parts shall include the
purchase price therefore and other costs and expenses (including the
Contractor’s fees) relating to the supply of spare parts.
8. Time for 8.1 The Contractor shall commence work on the Facilities within the period
Commencement specified in the SCC and without prejudice to GCC Sub-Clause 26.2
and Completion hereof, the Contractor shall thereafter proceed with the Facilities in
accordance with the time schedule specified in the Appendix 4 (Time
Schedule) to the Contract Agreement.
8.2 The Contractor shall attain Completion of the Facilities or of a part
where a separate time for Completion of such part is specified in the
Contract, within the time stated in the SCC or within such extended
time to which the Contractor shall be entitled under GCC Clause 40
hereof.
9. Contractor’s 9.1 The Contractor shall design, manufacture including associated
Responsibilities purchases and/or subcontracting, install and complete the Facilities in
accordance with the Contract. When completed, the Facilities should
be fit for the purposes for which they are intended as defined in the
Contract.
9.2 The Contractor confirms that it has entered into this Contract on the
basis of a proper examination of the data relating to the Facilities
including any data as to boring tests provided by the Employer, and on
the basis of information that the Contractor could have obtained from a
visual inspection of the Site if access thereto was available and of
other data readily available to it relating to the Facilities as of the date
twenty-eight (28) days prior to bid submission. The Contractor
acknowledges that any failure to acquaint itself with all such data and
information shall not relieve its responsibility for properly estimating the
difficulty or cost of successfully performing the Facilities.
9.3 The Contractor shall acquire and pay for all permits, approvals and/or
licenses from all local, state or national government authorities or
public service undertakings in the country where the Site is located
which such authorities or undertakings require the Contractor to obtain
in its name and which are necessary for the performance of the
Contract, including, without limitation, visas for the Contractor’s and
Subcontractor’s personnel and entry permits for all imported
Contractor’s Equipment. The Contractor shall acquire all other
permits, approvals and/or licenses that are not the responsibility of the

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Employer under GCC Sub-Clause 10.3 hereof and that are necessary
for the performance of the Contract.
9.4 The Contractor shall comply with all laws in force in the country where
the Facilities are to be implemented. The laws will include all local,
state, national or other laws that affect the performance of the Contract
and bind upon the Contractor. The Contractor shall indemnify and hold
harmless the Employer from and against any and all liabilities,
damages, claims, fines, penalties and expenses of whatever nature
arising or resulting from the violation of such laws by the Contractor or
its personnel, including the Subcontractors and their personnel, but
without prejudice to GCC Sub-Clause 10.1 hereof.

9.5 Any plant and services that will be incorporated in or be required for
the Facilities and other supplies shall have their origin as specified
under GCC Clause 1 (Country of Origin). Any subcontractors retained
by the Contractor shall be from a country as specified in GCC Clause 1
(Country of Origin).

9.6 The Contractor shall permit the Bank to inspect the Contractor’s
accounts and records relating to the performance of the Contractor and
to have them audited by auditors appointed by the Bank, if so required
by the Bank.

9.7 If the Contractor is a joint venture or consortium of two or more

persons, all such persons shall be jointly and severally bound to the
Employer for the fulfillment of the provisions of the Contract and shall
designate one of such persons to act as a leader with authority to bind
the joint venture or consortium. The composition or the constitution of
the joint venture or consortium shall not be altered without the prior
consent of the Employer.

10. Employer’s 10.1 All information and/or data to be supplied by the Employer as
Responsibilities described in the Appendix (Scope of Works and Supply by the
Employer) to the Contract Agreement shall be deemed to be accurate,
except when the Employer expressly states otherwise.

10.2 The Employer shall be responsible for acquiring and providing legal
and physical possession of the Site and access thereto, and for
providing possession of and access to all other areas reasonably
required for the proper execution of the Contract, including all requisite
rights of way, as specified in the Appendix (Scope of Works and
Supply by the Employer) to the Contract Agreement. The Employer
shall give full possession of and accord all rights of access thereto on
or before the date(s) specified in that Appendix.

10.3 The Employer shall acquire and pay for all permits, approvals and/or
licenses from all local, state or national government authorities or
public service undertakings in the country where the Site is located
which (a) such authorities or undertakings require the Employer to
obtain in the Employer’s name, (b) are necessary for the execution of
the Contract, including those required for the performance by both the
Contractor and the Employer of their respective obligations under the
Contract, and (c) are specified in the Appendix (Scope of Works and
Supply by the Employer) to the Contract Agreement.

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10.4 If requested by the Contractor, the Employer shall use its best
endeavors to assist the Contractor in obtaining in a timely and
expeditious manner all permits, approvals and/or licenses necessary
for the execution of the Contract from all local, state or national
government authorities or public service undertakings that such
authorities or undertakings require the Contractor or Subcontractors or
the personnel of the Contractor or Subcontractors, as the case may be,
to obtain.
10.5 Unless otherwise specified in the Contract or agreed upon by the
Employer and the Contractor, the Employer shall provide sufficient,
properly qualified operating and maintenance personnel; shall supply
and make available all raw materials, utilities, lubricants, chemicals,
catalysts, other materials and facilities; and shall perform all work and
services of whatsoever nature, including those required by the
Contractor to properly carry out Pre-commissioning, Commissioning
and Guarantee Tests, all in accordance with the provisions of the
Appendix (Scope of Works and Supply by the Employer) to the
Contract Agreement at or before the time specified in the program
furnished by the Contractor under GCC Sub-Clause 18.2 hereof and in
the manner thereupon specified or as otherwise agreed upon by the
Employer and the Contractor.
10.6 The Employer shall be responsible for the continued operation of the
Facilities after Completion, in accordance with GCC Sub-Clause 24.8,
and shall be responsible for facilitating the Guarantee Test(s) for the
Facilities, in accordance with GCC Sub-Clause 25.2.
10.7 All costs and expenses involved in the performance of the obligations
under this GCC Clause 10 shall be the responsibility of the Employer,
except those incurred by the Contractor with respect to the
performance of Guarantee Tests, in accordance with GCC Sub-Clause
25.2.
10.8 In the event that the Employer shall be in breach of any of his
obligations imposed by the Contract, then the additional cost
reasonably incurred by the Contractor in consequence thereof shall be
added to the Contract Price.
C. Payment
11. Contract Price 11.1 The Contract Price shall be as specified in Article 2 (Contract Price and
Terms of Payment) of the Contract Agreement.

11.2 Unless an escalation clause is provided for in the SCC, the Contract
Price shall be a firm lump sum not subject to any alteration, except in
the event of a Change in the Facilities or as otherwise provided in the
Contract.

11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 hereof, the Contractor
shall be deemed to have satisfied itself as to the correctness and
sufficiency of the Contract Price, which shall, except as otherwise
provided for in the Contract, cover all its obligations under the Contract.

12. Terms of 12.1 The Contract Price shall be paid as specified in Article 2 (Contract
Price and Terms of Payment) of the Contract Agreement and in the

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Payment Appendix (Terms and Procedures of Payment) to the Contract

Agreement, which also outlines the procedures to be followed in
making application for and processing payments.

12.2 No payment made by the Employer herein shall be deemed to

constitute acceptance by the Employer of the Facilities or any part(s)
thereof.

12.3 In the event that the Employer fails to make any payment by its
respective due date or within the period set forth in the Contract, the
Employer shall pay to the Contractor interest on the amount of such
delayed payment at the rate(s) shown in the Appendix (Terms and
Procedures of Payment) to the Contract Agreement for the period of
delay until payment has been made in full, whether before or after
judgment or arbitrage award.

12.4 The currency or currencies in which payments are made to the

Contractor under this Contract shall be specified in the Appendix
(Terms and Procedures of Payment) to the Contract Agreement,
subject to the general principle that payments will be made in the
currency or currencies in which the Contract Price has been stated in
the Contractor’s bid.

13. Securities 13.1 Issuance of Securities

The Contractor shall provide the securities specified below in favor of
the Employer at the times, and in the amount, manner and form
specified below.

13.2 Advance Payment Security

13.2.1 The Contractor shall, within twenty-eight (28) days of the
notification of contract award, provide a security in an amount
equal to the advance payment calculated in accordance with the
Appendix (Terms and Procedures of Payment) to the Contract
Agreement, and in the same currency or currencies.
13.2.2 The security shall be in the form provided in the bidding
documents or in another form acceptable to the Employer. The
amount of the security shall be reduced in proportion to the
value of the Facilities executed by and paid to the Contractor
from time to time, and shall automatically become null and void
when the full amount of the advance payment has been
recovered by the Employer. The security shall be returned to
the Contractor immediately after its expiration.

13.3 Performance Security

13.3.1 The Contractor shall, within twenty-eight (28) days of the
notification of contract award, provide a security for the due
performance of the Contract in the amount specified in the SCC.

13.3.2 The security shall be denominated in the currency or currencies

of the Contract, or in a freely convertible currency acceptable to
the Employer, and shall be in one of the forms of bank
guarantees provided in the bidding documents, as stipulated by
the Employer in the SCC, or in another form acceptable to the
Employer.
13.3.3 Unless otherwise specified in the SCC, the security shall be
reduced by half on the date of the Operational Acceptance.
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The Security shall become null and void, or shall be reduced

pro rata to the Contract Price of a part of the Facilities for which
a separate Time for Completion is provided, five hundred and
forty (540) days after Completion of the Facilities or three
hundred and sixty five (365) days after Operational Acceptance
of the Facilities, whichever occurs first; provided, however, that
if the Defects Liability Period has been extended on any part of
the Facilities pursuant to GCC Sub-Clause 27.8 hereof, the
Contractor shall issue an additional security in an amount
proportionate to the Contract Price of that part. The security
shall be returned to the Contractor immediately after its
expiration, provided, however, that if the Contractor, pursuant
to GCC Sub-Clause 27.10, is liable for an extended defect
liability obligation, the performance security shall be extended
for the period and up to the amount specified in the SCC.

14. Taxes and 14.1 Except as otherwise specifically provided in the Contract, the
Duties Contractor shall bear and pay all taxes, duties, levies and charges
assessed on the Contractor, its Subcontractors or their employees by
all municipal, state or national government authorities in connection
with the Facilities in and outside of the country where the Site is
located.

14.2 Notwithstanding GCC Sub-Clause 14.1 above, the Employer shall bear
and promptly pay all customs and import duties as well as other
local/central taxes, imposed by the law of the country where the Site is
located on the Plant specified in Price Schedule No. 1 and that are to
be incorporated into the Facilities.

14.3 If any tax exemptions, reductions, allowances or privileges may be

available to the Contractor in the country where the Site is located, the
Employer shall use its best endeavors to enable the Contractor to
benefit from any such tax savings to the maximum allowable extent.

14.4 For the purpose of the Contract, it is agreed that the Contract Price
specified in Article 2 (Contract Price and Terms of Payment) of the
Contract Agreement is based on the taxes, duties, levies and charges
prevailing at the date twenty-eight (28) days prior to the date of bid
submission in the country where the Site is located (hereinafter called
“Tax” in this GCC Sub-Clause 14.4). If any rates of Tax are increased
or decreased, a new Tax is introduced, an existing Tax is abolished, or
any change in interpretation or application of any Tax occurs in the
course of the performance of Contract, which was or will be assessed
on the Contractor, Subcontractors or their employees in connection
with performance of the Contract, an equitable adjustment of the
Contract Price shall be made to fully take into account any such
change by addition to the Contract Price or deduction therefrom, as the
case may be, in accordance with GCC Clause 36 hereof.

D. Intellectual Property
15. License/Use of 15.1 For the operation and maintenance of the Plant, the Contractor hereby
Technical grants a non-exclusive and non-transferable license (without the right
Information to sub-license) to the Employer under the patents, utility models or
other industrial property rights owned by the Contractor or by a third

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party from whom the Contractor has received the right to grant
licenses thereunder, and shall also grant to the Employer a non-
exclusive and non-transferable right (without the right to sub-license)
to use the know-how and other technical information disclosed to the
Employer under the Contract. Nothing contained herein shall be
construed as transferring ownership of any patent, utility model,
trademark, design, copyright, know-how or other intellectual property
right from the Contractor or any third party to the Employer.

15.2 The copyright in all drawings, documents and other materials

containing data and information furnished to the Employer by the
Contractor herein shall remain vested in the Contractor or, if they are
furnished to the Employer directly or through the Contractor by any
third party, including suppliers of materials, the copyright in such
materials shall remain vested in such third party.

16. Confidential 16.1 The Employer and the Contractor shall keep confidential and shall not,
Information without the written consent of the other party hereto, divulge to any
third party any documents, data or other information furnished directly
or indirectly by the other party hereto in connection with the Contract,
whether such information has been furnished prior to, during or
following termination of the Contract. Notwithstanding the above, the
Contractor may furnish to its Subcontractor(s) such documents, data
and other information it receives from the Employer to the extent
required for the Subcontractor(s) to perform its work under the
Contract, in which event the Contractor shall obtain from such
Subcontractor(s) an undertaking of confidentiality similar to that
imposed on the Contractor under this GCC Clause 16.

16.2 The Employer shall not use such documents, data and other
information received from the Contractor for any purpose other than the
operation and maintenance of the Facilities. Similarly, the Contractor
shall not use such documents, data and other information received
from the Employer for any purpose other than the design, procurement
of Plant, construction or such other work and services as are required
for the performance of the Contract.

16.3 The obligation of a party under GCC Sub-Clauses 16.1 and 16.2
above, however, shall not apply to that information which

(a) now or hereafter enters the public domain through no fault of that
party

(b) can be proven to have been possessed by that party at the time
of disclosure and which was not previously obtained, directly or
indirectly, from the other party hereto

(c) otherwise lawfully becomes available to that party from a third

party that has no obligation of confidentiality.

16.4 The above provisions of this GCC Clause 16 shall not in any way
modify any undertaking of confidentiality given by either of the parties
hereto prior to the date of the Contract in respect of the Facilities or any
part thereof.
16.5 The provisions of this GCC Clause 16 shall survive termination, for
whatever reason, of the Contract.

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E. Execution of the Facilities

17. Representatives 17.1 Project Manager
If the Project Manager is not named in the Contract, then within
fourteen (14) days of the Effective Date, the Employer shall appoint
and notify the Contractor in writing of the name of the Project Manager.
The Employer may from time to time appoint some other person as the
Project Manager in place of the person previously so appointed, and
shall give a notice of the name of such other person to the Contractor
without delay. No such appointment shall be made at such a time or in
such a manner as to impede the progress of work on the Facilities.
Such appointment shall only take effect upon receipt of such notice by
the Contractor. The Project Manager shall represent and act for the
Employer at all times during the performance of the Contract. All
notices, instructions, orders, certificates, approvals and all other
communications under the Contract shall be given by the Project
Manager, except as herein otherwise provided.
All notices, instructions, information and other communications given
by the Contractor to the Employer under the Contract shall be given to
the Project Manager, except as herein otherwise provided.
17.2 Contractor’s Representative & Construction Manager
17.2.1 If the Contractor’s Representative is not named in the Contract,
then within fourteen (14) days of the Effective Date, the
Contractor shall appoint the Contractor’s Representative and
shall request the Employer in writing to approve the person so
appointed. If the Employer makes no objection to the
appointment within fourteen (14) days, the Contractor’s
Representative shall be deemed to have been approved. If the
Employer objects to the appointment within fourteen (14) days
giving the reason therefor, then the Contractor shall appoint a
replacement within fourteen (14) days of such objection, and the
foregoing provisions of this GCC Sub-Clause 17.2.1 shall apply
thereto.

17.2.2 The Contractor’s Representative shall represent and act for the
Contractor at all times during the performance of the Contract
and shall give to the Project Manager all the Contractor’s
notices, instructions, information and all other communications
under the Contract.
All notices, instructions, information and all other
communications given by the Employer or the Project Manager
to the Contractor under the Contract shall be given to the
Contractor’s Representative or, in its absence, its deputy,
except as herein otherwise provided.
The Contractor shall not revoke the appointment of the
Contractor’s Representative without the Employer’s prior written
consent, which shall not be unreasonably withheld. If the
Employer consents thereto, the Contractor shall appoint some
other person as the Contractor’s Representative, pursuant to the
procedure set out in GCC Sub-Clause 17.2.1.
17.2.3 The Contractor’s Representative may, subject to the approval of
the Employer which shall not be unreasonably withheld, at any
time delegate to any person any of the powers, functions and

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authorities vested in him or her. Any such delegation may be

revoked at any time. Any such delegation or revocation shall be
subject to a prior notice signed by the Contractor’s
Representative, and shall specify the powers, functions and
authorities thereby delegated or revoked. No such delegation or
revocation shall take effect unless and until a copy thereof has
been delivered to the Employer and the Project Manager.
Any act or exercise by any person of powers, functions and
authorities so delegated to him or her in accordance with this
GCC Sub-Clause 17.2.3 shall be deemed to be an act or
exercise by the Contractor’s Representative.
17.2.4 From the commencement of installation of the Facilities at the
Site until Completion, the Contractor’s Representative shall
appoint a suitable person as the Construction Manager. The
Construction Manager shall supervise all work done at the Site
by the Contractor and shall be present at the Site throughout
normal working hours except when on leave, sick or absent for
reasons connected with the proper performance of the Contract.
Whenever the Construction Manager is absent from the Site, the
Contractor’s Representative or the Construction Manager shall
appoint a suitable person to act as the Construction Manager’s
deputy.
17.2.5 The Employer may by notice to the Contractor object to any
representative or person employed by the Contractor in the
execution of the Contract who, in the reasonable opinion of the
Employer, may behave inappropriately, may be incompetent or
negligent, or may commit a serious breach of the Site
regulations provided under GCC Sub-Clause 22.4. The
Employer shall provide evidence of the same, whereupon the
Contractor shall remove such person from the Facilities.
17.2.6 If any representative or person employed by the Contractor is
removed in accordance with GCC Sub-Clause 17.2.5, the
Contractor shall, where required, promptly appoint a
replacement.

18. Work Program 18.1 Contractor’s Organization

The Contractor shall supply to the Employer and the Project Manager a
chart showing the proposed organization to be established by the
Contractor for carrying out work on the Facilities within twenty-one (21)
days of the Effective Date. The chart shall include the identities of the
key personnel and the curricula vitae of such key personnel to be
employed shall be supplied together with the chart. The Contractor
shall promptly inform the Employer and the Project Manager in writing
of any revision or alteration of such an organization chart.
18.2 Program of Performance
Within twenty-eight (28) days after the Effective Date, the Contractor
shall submit to the Project Manager a detailed program of performance
of the Contract, made in a form acceptable to the Project Manager and
showing the sequence in which it proposes to design, manufacture,
transport, assemble, install and precommission the Facilities, as well as
the date by which the Contractor reasonably requires that the Employer
shall have fulfilled its obligations under the Contract so as to enable the
Contractor to execute the Contract in accordance with the program and

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to achieve Completion, Commissioning and Acceptance of the

Facilities in accordance with the Contract. The program so submitted
by the Contractor shall accord with the Time Schedule included in the
Appendix (Time Schedule) to the Contract Agreement and any other
dates and periods specified in the Contract. The Contractor shall
update and revise the program as and when appropriate or when
required by the Project Manager, but without modification in the Times
for Completion given in the SCC and any extension granted in
accordance with GCC Clause 40, and shall submit all such revisions to
the Project Manager.

18.3 Progress Report

The Contractor shall monitor progress of all the activities specified in
the program referred to in GCC Sub-Clause 18.2 above, and supply a
progress report to the Project Manager every month.

The progress report shall be in a form acceptable to the Project

Manager and shall indicate: (a) percentage completion achieved
compared with the planned percentage completion for each activity;
and (b) where any activity is behind the program, giving comments and
likely consequences and stating the corrective action being taken.

18.4 Progress of Performance

If at any time the Contractor’s actual progress falls behind the program
referred to in GCC Sub-Clause 18.2, or it becomes apparent that it will
so fall behind, the Contractor shall, at the request of the Employer or
the Project Manager, prepare and submit to the Project Manager a
revised program, taking into account the prevailing circumstances, and
shall notify the Project Manager of the steps being taken to expedite
progress so as to attain Completion of the Facilities within the Time for
Completion under GCC Sub-Clause 8.2, any extension thereof entitled
under GCC Sub-Clause 40.1, or any extended period as may otherwise
be agreed upon between the Employer and the Contractor.

18.5 Procedures
The Contract shall be executed in accordance with the Contract
Documents including the procedures given in the Forms and
Procedures of the Employer’s Requirements.

The Contractor may execute the Contract in accordance with its own
standard project execution plans and procedures to the extent that they
do not conflict with the provisions contained in the Contract.

19.Subcontracting 19.1 The Appendix 5 (List of Major Items of Supply and Services and List
of Approved Subcontractors) to the Contract Agreement specifies
major items of supply or services and a list of approved
Subcontractors against each item, including manufacturers. Insofar as
no Subcontractors are listed against any such item, the Contractor
shall prepare a list of Subcontractors for such item for inclusion in
such list. The Contractor may from time to time propose any addition
to or deletion from any such list. The Contractor shall submit any such
list or any modification thereto to the Employer for its approval in
sufficient time so as not to impede the progress of work on the
Facilities. Such approval by the Employer for any of the
Subcontractors shall not relieve the Contractor from any of its

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obligations, duties or responsibilities under the Contract.

19.2 The Contractor shall select and employ its Subcontractors for such
major items from those listed in the lists referred to in GCC Sub-
Clause 19.1.
19.3 For items or parts of the Facilities not specified in the Appendix (List
of Major Items of Supply and Services and List of Approved
Subcontractors for Major Items) to the Contract Agreement, the
Contractor may employ such Subcontractors as it may select, at its
discretion.
19.4 Each sub-contract shall include provisions which would entitle the
Employer to require the sub-contract to be assigned to the Employer
under GCC 19.5 (if and when applicable), or in event of termination by
the Employer under GCC 42.2.
19.5 If a sub-contractor's obligations extend beyond the expiry date of the
relevant Defects Liability Period and the Project Manager, prior to that
date, instructs the Contractor to assign the benefits of such obligations
to the Employer, then the Contractor shall do so.
20. Design and 20.1 Specifications and Drawings
Engineering 20.1.1 The Contractor shall execute the basic and detailed design and
the engineering work in compliance with the provisions of the
Contract, or where not so specified, in accordance with good
engineering practice.

The Contractor shall be responsible for any discrepancies,

errors or omissions in the specifications, drawings and other
technical documents that it has prepared, whether such
specifications, drawings and other documents have been
approved by the Project Manager or not, provided that such
discrepancies, errors or omissions are not because of
inaccurate information furnished in writing to the Contractor by
or on behalf of the Employer.

20.1.2 The Contractor shall be entitled to disclaim responsibility for any

design, data, drawing, specification or other document, or any
modification thereof provided or designated by or on behalf of
the Employer, by giving a notice of such disclaimer to the
Project Manager.
20.2 Codes and Standards
Wherever references are made in the Contract to codes and standards
in accordance with which the Contract shall be executed, the edition or
the revised version of such codes and standards current at the date
twenty-eight (28) days prior to date of bid submission shall apply unless
otherwise specified. During Contract execution, any changes in such
codes and standards shall be applied subject to approval by the
Employer and shall be treated in accordance with GCC Clause 39.
20.3 Approval/Review of Technical Documents by Project Manager
20.3.1 The Contractor shall prepare or cause its Subcontractors to
prepare, and furnish to the Project Manager the documents
listed in the Appendix (List of Documents for Approval or
Review) to the Contract Agreement for its approval or review as
specified and in accordance with the requirements of GCC Sub-
Clause 18.2 (Program of Performance).

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Any part of the Facilities covered by or related to the documents

to be approved by the Project Manager shall be executed only
after the Project Manager’s approval thereof.

GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those

documents requiring the Project Manager’s approval, but not to
those furnished to the Project Manager for its review only.

20.3.2 Within fourteen (14) days after receipt by the Project Manager of
any document requiring the Project Manager’s approval in
accordance with GCC Sub-Clause 20.3.1, the Project Manager
shall either return one copy thereof to the Contractor with its
approval endorsed thereon or shall notify the Contractor in
writing of its disapproval thereof and the reasons therefor and
the modifications that the Project Manager proposes.

If the Project Manager fails to take such action within the said
fourteen (14) days, then the said document shall be deemed to
have been approved by the Project Manager.

20.3.3 The Project Manager shall not disapprove any document,

except on the grounds that the document does not comply with
the Contract or that it is contrary to good engineering practice. If
the Project Manager disapproves a document, he shall specify
the reasons for his decision.

20.3.4 If the Project Manager disapproves the document, the

Contractor shall modify the document and resubmit it for the
Project Manager’s approval in accordance with GCC Sub-
Clause 20.3.2. If the Project Manager approves the document
subject to modification(s), the Contractor shall make the
required modification(s), whereupon the document shall be
deemed to have been approved.

20.3.5 If any dispute or difference occurs between the Employer and

the Contractor in connection with or arising out of the
disapproval by the Project Manager of any document and/or any
modification(s) thereto that cannot be settled between the
parties within a reasonable period, then such dispute or
difference may be referred to an Dispute Board for
determination in accordance with GCC Sub-Clause 45.3 hereof.
If such dispute or difference is referred to an Dispute Board, the
Project Manager shall give instructions as to whether and if so,
how, performance of the Contract is to proceed. The Contractor
shall proceed with the Contract in accordance with the Project
Manager’s instructions, provided that if the Dispute Board
upholds the Contractor’s view on the dispute and if the
Employer has not given notice under Sub-Clause 45.3 hereof,
then the Contractor shall be reimbursed by the Employer for any
additional costs incurred by reason of such instructions and
shall be relieved of such responsibility or liability in connection
with the dispute and the execution of the instructions as the
Dispute Board shall decide, and the Time for Completion shall
be extended accordingly.
20.3.6 The Project Manager’s approval, with or without modification of

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the document furnished by the Contractor, shall not relieve the

Contractor of any responsibility or liability imposed upon it by
any provisions of the Contract except to the extent that any
subsequent failure results from modifications required by the
Project Manager.
20.3.7 The Contractor shall not depart from any approved document
unless the Contractor has first submitted to the Project Manager
an amended document and obtained the Project Manager’s
approval thereof, pursuant to the provisions of this GCC Sub-
Clause 20.3.
If the Project Manager requests any change in any already
approved document and/or in any document based thereon, the
provisions of GCC Clause 39 shall apply to such request.

21. Procurement 21.1 Materials

Subject to GCC Sub-Clause 14.2, the Contractor shall procure and
transport all materials in an expeditious and orderly manner to the Site.
21.2 Employer-Supplied Materials
If the Appendix (Scope of Works and Supply by the Employer) to the
Contract Agreement provides that the Employer shall furnish any
specific items to the Contractor, the following provisions shall apply:
21.2.1 The Employer shall, at its own risk and expense, transport each
item to the place on or near the Site as agreed upon by the
parties and make such item available to the Contractor at the
time specified in the program furnished by the Contractor,
pursuant to GCC Sub-Clause 18.2, unless otherwise mutually
agreed.
21.2.2 Upon receipt of such item, the Contractor shall inspect the same
visually and notify the Project Manager of any detected
shortage, defect or default. The Employer shall immediately
remedy any shortage, defect or default, or the Contractor shall,
if practicable and possible, at the request of the Employer,
remedy such shortage, defect or default at the Employer’s cost
and expense. After inspection, such item shall fall under the
care, custody and control of the Contractor. The provision of
this GCC Sub-Clause 21.2.2 shall apply to any item supplied to
remedy any such shortage or default or to substitute for any
defective item, or shall apply to defective items that have been
repaired.
21.2.3 The foregoing responsibilities of the Contractor and its
obligations of care, custody and control shall not relieve the
Employer of liability for any undetected shortage, defect or
default, nor place the Contractor under any liability for any such
shortage, defect or default whether under GCC Clause 27 or
under any other provision of Contract.
21.3 Transportation
21.3.1 The Contractor shall at its own risk and expense transport all the
materials and the Contractor’s Equipment to the Site by the
mode of transport that the Contractor judges most suitable
under all the circumstances.

21.3.2 Unless otherwise provided in the Contract, the Contractor shall

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be entitled to select any safe mode of transport operated by any

person to carry the materials and the Contractor’s Equipment.

21.3.3 Upon dispatch of each shipment of materials and the

Contractor’s Equipment, the Contractor shall notify the Employer
by telex, cable, facsimile or electronic means, of the description
of the materials and of the Contractor’s Equipment, the point
and means of dispatch, and the estimated time and point of
arrival in the country where the Site is located, if applicable, and
at the Site. The Contractor shall furnish the Employer with
relevant shipping documents to be agreed upon between the
parties.

21.3.4 The Contractor shall be responsible for obtaining, if necessary,

approvals from the authorities for transportation of the materials
and the Contractor’s Equipment to the Site. The Employer shall
use its best endeavors in a timely and expeditious manner to
assist the Contractor in obtaining such approvals, if requested
by the Contractor. The Contractor shall indemnify and hold
harmless the Employer from and against any claim for damage
to roads, bridges or any other traffic facilities that may be
caused by the transport of the materials and the Contractor’s
Equipment to the Site.

21.4 Customs Clearance

The Contractor shall, at its own expense, handle all imported materials
and Contractor’s Equipment at the point(s) of import and shall handle
any formalities for customs clearance, subject to the Employer’s
obligations under GCC Sub-Clause 14.2, provided that if applicable
laws or regulations require any application or act to be made by or in
the name of the Employer, the Employer shall take all necessary steps
to comply with such laws or regulations. In the event of delays in
customs clearance that are not the fault of the Contractor, the
Contractor shall be entitled to an extension in the Time for Completion,
pursuant to GCC Clause 40.

22. Installation 22.1 Setting Out/Supervision

22.1.1 Bench Mark
(a) The Contractor shall be responsible for the true and
proper setting-out of the Facilities in relation to bench
marks, reference marks and lines provided to it in writing
by or on behalf of the Employer.

(b) If, at any time during the progress of installation of the

Facilities, any error shall appear in the position, level or
alignment of the Facilities, the Contractor shall forthwith
notify the Project Manager of such error and, at its own
expense, immediately rectify such error to the reasonable
satisfaction of the Project Manager. If such error is based
on incorrect data provided in writing by or on behalf of the
Employer, the expense of rectifying the same shall be
borne by the Employer.

22.1.2 Contractor’s Supervision

The Contractor shall give or provide all necessary
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superintendence during the installation of the Facilities, and the

Construction Manager or its deputy shall be constantly on the
Site to provide full-time superintendence of the installation. The
Contractor shall provide and employ only technical personnel
who are skilled and experienced in their respective callings and
supervisory staff who are competent to adequately supervise
the work at hand.

22.2 Labor
22.2.1 Engagement of Staff and Labor
(a) Except as otherwise stated in the Specification, the
Contractor shall make arrangements for the engagement
of all staff and labor, local or otherwise, and for their
payment, housing, feeding and transport.

(b) The Contractor shall provide and employ on the Site in the
installation of the Facilities such skilled, semi-skilled and
unskilled labor as is necessary for the proper and timely
execution of the Contract. The Contractor is encouraged
to use local labor that has the necessary skills.

(c) The Contractor shall be responsible for obtaining all

necessary permit(s) and/or visa(s) from the appropriate
authorities for the entry of all labor and personnel to be
employed on the Site into the country where the Site is
located. The Employer will, if requested by the Contractor,
use his best endeavors in a timely and expeditious
manner to assist the Contractor in obtaining any local,
state, national or government permission required for
bringing in the Contractor’s personnel.

(d) The Contractor shall at its own expense provide the

means of repatriation to all of its and its Subcontractor’s
personnel employed on the Contract at the Site to the
place where they were recruited or to their domicile. It
shall also provide suitable temporary maintenance of all
such persons from the cessation of their employment on
the Contract to the date programmed for their departure.
In the event that the Contractor defaults in providing such
means of transportation and temporary maintenance, the
Employer may provide the same to such personnel and
recover the cost of doing so from the Contractor.

22.2.2 Persons in the Service of Employer

The Contractor shall not recruit, or attempt to recruit, staff and
labor from amongst the Employer’s Personnel.

22.2.3 Labor Laws

(a) The Contractor shall comply with all the relevant labor
Laws applicable to the Contractor’s Personnel, including
Laws relating to their employment, health, safety, welfare,
immigration and emigration, and shall allow them all their
legal rights.

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(b) The Contractor shall at all times during the progress of the
Contract use its best endeavors to prevent any unlawful,
riotous or disorderly conduct or behavior by or amongst its
employees and the labor of its Subcontractors.
(c) The Contractor shall, in all dealings with its labor and the
labor of its Subcontractors currently employed on or
connected with the Contract, pay due regard to all
recognized festivals, official holidays, religious or other
customs and all local laws and regulations pertaining to
the employment of labor.

22.2.4 Rates of Wages and Conditions of Labor

(a) The Contractor shall pay rates of wages, and observe
conditions of labor, which are not lower than those
established for the trade or industry where the work is
carried out. If no established rates or conditions are
applicable, the Contractor shall pay rates of wages and
observe conditions which are not lower than the general
level of wages and conditions observed locally by
employers whose trade or industry is similar to that of the
Contractor.
(b) The Contractor shall inform the Contractor’s Personnel
about their liability to pay personal income taxes in the
Country in respect of such of their salaries, wages and
allowances as are chargeable under the Laws for the time
being in force, and the Contractor shall perform such
duties in regard to such deductions thereof as may be
imposed on him by such Laws.

22.2.5 Working Hours

(a) No work shall be carried out on the Site on locally
recognized days of rest, or outside the normal working
hours stated in the SCC, unless:
(i) otherwise stated in the Contract,
(ii) the Project Manager gives consent, or
(iii the work is unavoidable, or necessary for the
protection of life or property or for the safety of the
Works, in which case the Contractor shall
immediately advise the Project Manager.
(b) If and when the Contractor considers it necessary to carry
out work at night or on public holidays so as to meet the
Time for Completion and requests the Project Manager’s
consent thereto, the Project Manager shall not
unreasonably withhold such consent.
(c) This Sub-Clause shall not apply to any work which is
customarily carried out by rotary or double-shifts.

22.2.6 Facilities for Staff and Labor

(a) Except as otherwise stated in the Specification, the
Contractor shall provide and maintain all necessary
accommodation and welfare facilities for the Contractor’s
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Personnel. The Contractor shall also provide facilities for

the Employer’s Personnel as stated in the Specification.
(b) The Contractor shall not permit any of the Contractor’s
Personnel to maintain any temporary or permanent living
quarters within the structures forming part of the
Permanent Works.

22.2.7 Health and Safety

(a) The Contractor shall at all times take all reasonable
precautions to maintain the health and safety of the
Contractor’s Personnel. In collaboration with local health
authorities, the Contractor shall ensure that medical staff,
first aid facilities, sick bay and ambulance service are
available at all times at the Site and at any
accommodation for Contractor’s and Employer’s
Personnel, and that suitable arrangements are made for
all necessary welfare and hygiene requirements and for
the prevention of epidemics.
(b) The Contractor shall appoint an accident prevention officer
at the Site, responsible for maintaining safety and
protection against accidents. This person shall be qualified
for this responsibility, and shall have the authority to issue
instructions and take protective measures to prevent
accidents. Throughout the performance of the Contract,
the Contractor shall provide whatever is required by this
person to exercise this responsibility and authority.

(c) The Contractor shall send, to the Project Manager, details

of any accident as soon as practicable after its
occurrence. The Contractor shall maintain records and
make reports concerning health, safety and welfare of
persons, and damage to property, as the Project Manager
may reasonably require.
22.2.8 Funeral Arrangements
In the event of the death of any of the Contractor’s personnel
or accompanying members of their families, the Contractor
shall be responsible for making the appropriate arrangements
for their return or burial, unless otherwise specified in the
SCC.

22.2.9 Records of Contractor’s Personnel

The Contractor shall keep accurate records of the Contractor’s
personnel, including the number of each class of Contractor’s
Personnel on the Site and the names, ages, genders, hours
worked and wages paid to all workers. These records shall be
summarized on a monthly basis in a form approved by the
Project Manager and shall be available for inspection by the
Project Manager. until the Contractor has completed all work.

22.2.10 Supply of Foodstuffs

The Contractor shall arrange for the provision of a sufficient
supply of suitable food as may be stated in the Specification at
reasonable prices for the Contractor’s Personnel for the

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purposes of or in connection with the Contract.

22.2.11 Supply of Water

The Contractor shall, having regard to local conditions, provide
on the Site an adequate supply of drinking and other water for
the use of the Contractor’s Personnel.

22.2.12 Measures against Insect and Pest Nuisance

The Contractor shall at all times take the necessary
precautions to protect the Contractor’s Personnel employed on
the Site from insect and pest nuisance, and to reduce their
danger to health. The Contractor shall comply with all the
regulations of the local health authorities, including use of
appropriate insecticide.

22.2.13 Alcoholic Liquor or Drugs

The Contractor shall not, otherwise than in accordance with
the Laws of the Country, import, sell, give barter or otherwise
dispose of any alcoholic liquor or drugs, or permit or allow
importation, sale, gift barter or disposal by Contractor's
Personnel.

22.2.14 Arms and Ammunition

The Contractor shall not give, barter, or otherwise dispose of,
to any person, any arms or ammunition of any kind, or allow
Contractor's Personnel to do so.

22.2.15 Prohibition of All Forms of Forced or Compulsory Labor

The contractor shall not employ "forced or compulsory labor"
in any form. "Forced or compulsory labor" consists of all work
or service, not voluntarily performed, that is extracted from an
individual under threat of force or penalty.

22.2.16 Prohibition of Harmful Child Labor

The Contractor shall not employ any child to perform any work
that is economically exploitative, or is likely to be hazardous
to, or to interfere with, the child's education, or to be harmful to
the child's health or physical, mental, spiritual, moral, or social
development.

22.3 Contractor’s Equipment

22.3.1 All Contractor’s Equipment brought by the Contractor onto the
Site shall be deemed to be intended to be used exclusively for
the execution of the Contract. The Contractor shall not
remove the same from the Site without the Project Manager’s
consent that such Contractor’s Equipment is no longer
required for the execution of the Contract.

22.3.2 Unless otherwise specified in the Contract, upon completion of

the Facilities, the Contractor shall remove from the Site all
Equipment brought by the Contractor onto the Site and any
surplus materials remaining thereon.

22.3.3 The Employer will, if requested, use its best endeavors to

assist the Contractor in obtaining any local, state or national
government permission required by the Contractor for the

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export of the Contractor’s Equipment imported by the

Contractor for use in the execution of the Contract that is no
longer required for the execution of the Contract.

22.4 Site Regulations and Safety

The Employer and the Contractor shall establish Site regulations
setting out the rules to be observed in the execution of the Contract at
the Site and shall comply therewith. The Contractor shall prepare and
submit to the Employer, with a copy to the Project Manager, proposed
Site regulations for the Employer’s approval, which approval shall not
be unreasonably withheld.

Such Site regulations shall include, but shall not be limited to, rules in
respect of security, safety of the Facilities, gate control, sanitation,
medical care, and fire prevention.

22.5 Opportunities for Other Contractors

22.5.1 The Contractor shall, upon written request from the Employer
or the Project Manager, give all reasonable opportunities for
carrying out the work to any other contractors employed by the
Employer on or near the Site.

22.5.2 If the Contractor, upon written request from the Employer or

the Project Manager, makes available to other contractors any
roads or ways the maintenance for which the Contractor is
responsible, permits the use by such other contractors of the
Contractor’s Equipment, or provides any other service of
whatsoever nature for such other contractors, the Employer
shall fully compensate the Contractor for any loss or damage
caused or occasioned by such other contractors in respect of
any such use or service, and shall pay to the Contractor
reasonable remuneration for the use of such equipment or the
provision of such services.

22.5.3 The Contractor shall also so arrange to perform its work as to

minimize, to the extent possible, interference with the work of
other contractors. The Project Manager shall determine the
resolution of any difference or conflict that may arise between
the Contractor and other contractors and the workers of the
Employer in regard to their work.

22.5.4 The Contractor shall notify the Project Manager promptly of

any defects in the other contractors’ work that come to its
notice, and that could affect the Contractor’s work. The
Project Manager shall determine the corrective measures, if
any, required to rectify the situation after inspection of the
Facilities. Decisions made by the Project Manager shall be
binding on the Contractor.

22.6 Emergency Work

If, by reason of an emergency arising in connection with and during the
execution of the Contract, any protective or remedial work is necessary
as a matter of urgency to prevent damage to the Facilities, the
Contractor shall immediately carry out such work.

If the Contractor is unable or unwilling to do such work immediately, the

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Employer may do or cause such work to be done as the Employer may

determine is necessary in order to prevent damage to the Facilities. In
such event the Employer shall, as soon as practicable after the
occurrence of any such emergency, notify the Contractor in writing of
such emergency, the work done and the reasons therefor. If the work
done or caused to be done by the Employer is work that the Contractor
was liable to do at its own expense under the Contract, the reasonable
costs incurred by the Employer in connection therewith shall be paid by
the Contractor to the Employer. Otherwise, the cost of such remedial
work shall be borne by the Employer.

22.7 Site Clearance

22.7.1 Site Clearance in Course of Performance
In the course of carrying out the Contract, the Contractor shall
keep the Site reasonably free from all unnecessary
obstruction, store or remove any surplus materials, clear away
any wreckage, rubbish or temporary works from the Site, and
remove any Contractor’s Equipment no longer required for
execution of the Contract.

22.7.2 Clearance of Site after Completion

After Completion of all parts of the Facilities, the Contractor
shall clear away and remove all wreckage, rubbish and debris
of any kind from the Site, and shall leave the Site and
Facilities in a clean and safe condition.

22.8 Watching and Lighting

The Contractor shall provide and maintain at its own expense all
lighting, fencing, and watching when and where necessary for the
proper execution and the protection of the Facilities, or for the safety of
the owners and occupiers of adjacent property and for the safety of the
public.

23. Test and 23.1 The Contractor shall at its own expense carry out at the place of
Inspection manufacture and/or on the Site all such tests and/or inspections of the
Plant and any part of the Facilities as are specified in the Contract.

23.2 The Employer and the Project Manager or their designated

representatives shall be entitled to attend the aforesaid test and/or
inspection, provided that the Employer shall bear all costs and
expenses incurred in connection with such attendance including, but
not limited to, all traveling and board and lodging expenses.

23.3 Whenever the Contractor is ready to carry out any such test and/or
inspection, the Contractor shall give a reasonable 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 manufacturer any necessary permission or consent to enable
the Employer and the Project Manager or their designated
representatives to attend the test and/or inspection.

23.4 The Contractor shall provide the Project Manager with a certified report
of the results of any such test and/or inspection.

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If the Employer or Project Manager or their designated representatives

fails to attend the test and/or inspection, or if it is agreed between the
parties that such persons shall not do so, then the Contractor may
proceed 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.

23.5 The Project Manager may require the Contractor to carry out any test
and/or inspection not required by the Contract, provided that the
Contractor’s reasonable costs and expenses incurred in the carrying
out of such test and/or inspection shall be added to the Contract Price.
Further, if such test and/or inspection impedes the progress of work on
the Facilities and/or the Contractor’s performance of its other
obligations under the Contract, due allowance will be made in respect
of the Time for Completion and the other obligations so affected.

23.6 If any Plant or any part of the Facilities fails to pass any test and/or
inspection, the Contractor shall either rectify or replace such Plant or
part of the Facilities and shall repeat the test and/or inspection upon
giving a notice under GCC Sub-Clause 23.3.

23.7 If any dispute or difference of opinion shall arise between the parties in
connection with or arising out of the test and/or inspection of the Plant
or part of the Facilities that cannot be settled between the parties within
a reasonable period of time, it may be referred to an Dispute Board for
determination in accordance with GCC Sub-Clause 45.3.

23.8 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 are being manufactured or the Facilities are being
installed, in order to inspect the progress and the manner of
manufacture or installation, provided that the Project Manager shall
give the Contractor a reasonable prior notice.

23.9 The Contractor agrees that neither the execution of a test and/or
inspection of Plant or any part of the Facilities, nor the attendance by
the Employer or the Project Manager, nor the issue of any test
certificate pursuant to GCC Sub-Clause 23.4, shall release the
Contractor from any other responsibilities under the Contract.

23.10 No part of the Facilities or foundations shall be covered up on the Site

without the Contractor carrying out any test and/or inspection required
under the Contract. The Contractor shall give a reasonable notice to
the Project Manager whenever any such parts of the Facilities or
foundations are ready or about to be ready for test and/or inspection;
such test and/or inspection and notice thereof shall be subject to the
requirements of the Contract.
23.11 The Contractor shall uncover any part of the Facilities or foundations,
or shall make openings in or through the same as the Project Manager
may from time to time require 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 23.10
and are found to be executed in accordance with the Contract, the

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expenses of uncovering, making openings in 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.

24. Completion of 24.1 As soon as the Facilities or any part thereof has, in the opinion of the
the Facilities Contractor, been completed operationally and structurally and put in a
tight and clean condition as specified in the Employer’s Requirements,
excluding minor items not materially affecting the operation or safety of
the Facilities, the Contractor shall so notify the Employer in writing.

24.2 Within seven (7) days after receipt of the notice from the Contractor
under GCC Sub-Clause 24.1, the Employer shall supply the operating
and maintenance personnel specified in the Appendix (Scope of Works
and Supply by the Employer) to the Contract Agreement for Pre-
commissioning of the Facilities or any part thereof.

Pursuant to the Appendix (Scope of Works and Supply by the

Employer) to the Contract Agreement, the Employer shall also provide,
within the said seven (7) day period, the raw materials, utilities,
lubricants, chemicals, catalysts, facilities, services and other matters
required for Pre-commissioning of the Facilities or any part thereof.

24.3 As soon as reasonably practicable after the operating and maintenance

personnel have been supplied by the Employer and the raw materials,
utilities, lubricants, chemicals, catalysts, facilities, services and other
matters have been provided by the Employer in accordance with GCC
Sub-Clause 24.2, the Contractor shall commence Pre-commissioning
of the Facilities or the relevant part thereof in preparation for
Commissioning, subject to GCC Sub-Clause 25.5.

24.4 As soon as all works in respect of Pre-commissioning are completed

and, in the opinion of the Contractor, the Facilities or any part thereof is
ready for Commissioning, the Contractor shall so notify the Project
Manager in writing.

24.5 The Project Manager shall, within fourteen (14) days after receipt of the
Contractor’s notice under GCC Sub-Clause 24.4, either issue a
Completion Certificate in the form specified in the Employer’s
Requirements (Forms and Procedures), stating that the Facilities or
that part thereof have reached Completion as of the date of the
Contractor’s notice under GCC Sub-Clause 24.4, or notify the
Contractor in writing of any defects and/or deficiencies.

If the Project Manager notifies the Contractor of any defects and/or

deficiencies, the Contractor shall then correct such defects and/or
deficiencies, and shall repeat the procedure described in GCC Sub-
Clause 24.4.
If the Project Manager is satisfied that the Facilities or that part thereof
have reached Completion, the Project Manager shall, within seven (7)
days after receipt of the Contractor’s repeated notice, issue a
Completion Certificate stating that the Facilities or that part thereof
have reached Completion as of the date of the Contractor’s repeated
notice.

If the Project Manager is not so satisfied, then it shall notify the

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Contractor in writing of any defects and/or deficiencies within seven (7)

days after receipt of the Contractor’s repeated notice, and the above
procedure shall be repeated.

24.6 If the Project Manager fails to issue the Completion Certificate and fails
to inform the Contractor of any defects and/or deficiencies within
fourteen (14) days after receipt of the Contractor’s notice under GCC
Sub-Clause 24.4 or within seven (7) days after receipt of the
Contractor’s repeated notice under GCC Sub-Clause 24.5, or if the
Employer makes use of the Facilities or part thereof, then the Facilities
or that part thereof shall be deemed to have reached Completion as of
the date of the Contractor’s notice or repeated notice, or as of the
Employer’s use of the Facilities, as the case may be.

24.7 As soon as possible after Completion, the Contractor shall complete all
outstanding minor items so that the Facilities are fully in accordance
with the requirements of the Contract, failing which the Employer will
undertake such completion and deduct the costs thereof from any
monies owing to the Contractor.

24.8 Upon Completion, the Employer shall be responsible for the care and
custody of the Facilities or the relevant part thereof, together with the
risk of loss or damage thereto, and shall thereafter take over the
Facilities or the relevant part thereof.

25. Commissioning 25.1 Commissioning

and Operational
25.1.1 Commissioning of the Facilities or any part thereof shall be
Acceptance
commenced by the Contractor immediately after issue of the
Completion Certificate by the Project Manager, pursuant to
GCC Sub-Clause 24.5, or immediately after the date of the
deemed Completion, under GCC Sub-Clause 24.6.

25.1.2 The Employer shall supply the operating and maintenance

personnel and all raw materials, utilities, lubricants, chemicals,
catalysts, facilities, services and other matters required for
Commissioning.

25.1.3 In accordance with the requirements of the Contract, the

Contractor’s and Project Manager’s advisory personnel shall
attend the Commissioning, including the Guarantee Test, and
shall advise and assist the Employer.

25.2 Guarantee Test

25.2.1 Subject to GCC Sub-Clause 25.5, the Guarantee Test and
repeats thereof shall be conducted by the Contractor during
Commissioning of the Facilities or the relevant part thereof to
ascertain whether the Facilities or the relevant part can attain
the Functional Guarantees specified in the Appendix (Functional
Guarantees) to the Contract Agreement. The Employer shall
promptly provide the Contractor with such information as the
Contractor may reasonably require in relation to the conduct and
results of the Guarantee Test and any repeats thereof.

25.2.2 If for reasons not attributable to the Contractor, the Guarantee

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Test of the Facilities or the relevant part thereof cannot be

successfully completed within the period from the date of
Completion specified in the SCC or any other period agreed
upon by the Employer and the Contractor, the Contractor shall
be deemed to have fulfilled its obligations with respect to the
Functional Guarantees, and GCC Sub-Clauses 28.2 and 28.3
shall not apply.

25.3 Operational Acceptance

25.3.1 Subject to GCC Sub-Clause 25.4 below, Operational
Acceptance shall occur in respect of the Facilities or any part
thereof when
(a) the Guarantee Test has been successfully completed and
the Functional Guarantees are met; or
(b) the Guarantee Test has not been successfully completed
or has not been carried out for reasons not attributable to
the Contractor within the period from the date of
Completion specified in the SCC or any other agreed upon
period as specified in GCC Sub-Clause 25.2.2 above; or
(c) the Contractor has paid the liquidated damages specified
in GCC Sub-Clause 28.3 hereof; and
(d) any minor items mentioned in GCC Sub-Clause 24.7
hereof relevant to the Facilities or that part thereof have
been completed.

25.3.2 At any time after any of the events set out in GCC Sub-Clause
25.3.1 have occurred, the Contractor may give a notice to the
Project Manager requesting the issue of an Operational
Acceptance Certificate in the form provided in the Employer’s
Requirements (Forms and Procedures) in respect of the
Facilities or the part thereof specified in such notice as of the
date of such notice.

25.3.3 The Project Manager shall, after consultation with the Employer,
and within seven (7) days after receipt of the Contractor’s
notice, issue an Operational Acceptance Certificate.

25.3.4 If within seven (7) days after receipt of the Contractor’s notice,
the Project Manager fails to issue the Operational Acceptance
Certificate or fails to inform the Contractor in writing of the
justifiable reasons why the Project Manager has not issued the
Operational Acceptance Certificate, the Facilities or the relevant
part thereof shall be deemed to have been accepted as of the
date of the Contractor’s said notice.
25.4 Partial Acceptance
25.4.1 If the Contract specifies that Completion and Commissioning
shall be carried out in respect of parts of the Facilities, the
provisions relating to Completion and Commissioning including
the Guarantee Test shall apply to each such part of the Facilities
individually, and the Operational Acceptance Certificate shall be
issued accordingly for each such part of the Facilities.

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25.4.2 If a part of the Facilities comprises facilities such as buildings,

for which no Commissioning or Guarantee Test is required, then
the Project Manager shall issue the Operational Acceptance
Certificate for such facility when it attains Completion, provided
that the Contractor shall thereafter complete any outstanding
minor items that are listed in the Operational Acceptance
Certificate.

25.5 Delayed Precommissioning and/or Guarantee Test

25.5.1 In the event that the Contractor is unable to proceed with the
Pre-commissioning of the Facilities pursuant to Sub-Clause
24.3, or with the Guarantee Test pursuant to Sub-Clause 25.2,
for reasons attributable to the Employer either on account of
non availability of other facilities under the responsibilities of
other contractor(s), or for reasons beyond the Employer’s
control, the provisions leading to “deemed” completion of
activities such as Completion, pursuant to GCC Sub-Clause
24.6, and Operational Acceptance, pursuant to GCC Sub-
Clause 25.3.4, and Contractor’s obligations regarding Defect
Liability Period, pursuant to GCC Sub-Clause 27.2, Functional
Guarantee, pursuant to GCC Clause 28, and Care of Facilities,
pursuant to GCC Clause 32, and GCC Clause 41.1,
Suspension, shall not apply. In this case, the following
provisions shall apply.

25.5.2 When the Contractor is notified by the Project Manager that he

will be unable to proceed with the activities and obligations
pursuant to above Sub-Clause 25.5.1, the Contractor shall be
entitled to the following:

(a) the Time of Completion shall be extended for the period

of suspension without imposition of liquidated damages
pursuant to GCC Sub-Clause 26.2;

(b) payments due to the Contractor in accordance with the

provision specified in the Appendix (Terms and
Procedures of Payment) to the Contract Agreement,
which would not have been payable in normal
circumstances due to non-completion of the subject
activities, shall be released to the Contractor against
submission of a security in the form of a bank guarantee
of equivalent amount acceptable to the Employer, and
which shall become null and void when the Contractor
will have complied with its obligations regarding those
payments, subject to the provision of Sub-Clause 25.5.3
below;

(c) the expenses towards the above security and extension

of other securities under the contract, of which validity
needs to be extended, shall be reimbursed to the
Contractor by the Employer;

(d) the additional charges towards the care of the Facilities

pursuant to GCC Sub-Clause 32.1 shall be reimbursed to
the Contractor by the Employer for the period between

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the notification mentioned above and the notification

mentioned in Sub-Clause 25.5.4 below. The provision of
GCC Sub-Clause 33.2 shall apply to the Facilities during
the same period.

25.5.3 In the event that the period of suspension under above Sub-
Clause 25.5.1 actually exceeds one hundred eighty (180) days,
the Employer and Contractor shall mutually agree to any
additional compensation payable to the Contractor.

25.5.4 When the Contractor is notified by the Project Manager that the
plant is ready for Precommissioning, the Contractor shall
proceed without delay in performing all the specified activities
and obligations under the contract.

F. Guarantees and Liabilities

26. Completion 26.1 The Contractor guarantees that it shall attain Completion of the
Time Guarantee Facilities (or a part for which a separate time for completion is
specified) within the Time for Completion specified in the SCC
pursuant to GCC Sub-Clause 8.2, or within such extended time to
which the Contractor shall be entitled under GCC Clause 40 hereof.

26.2 If the Contractor fails to attain Completion of the Facilities or any part
thereof within the Time for Completion or any extension thereof under
GCC Clause 40, the Contractor shall pay to the Employer liquidated
damages in the amount specified in the SCC as a percentage rate of
the Contract Price or the relevant part thereof. The aggregate amount
of such liquidated damages shall in no event exceed the amount
specified as “Maximum” in the SCC as a percentage rate of the
Contract Price. Once the “Maximum” is reached, the Employer may
consider termination of the Contract, pursuant to GCC Sub-Clause
42.2.2.

Such payment shall completely satisfy the Contractor’s obligation to

attain Completion of the Facilities or the relevant part thereof within the
Time for Completion or any extension thereof under GCC Clause 40.
The Contractor shall have no further liability whatsoever to the
Employer in respect thereof.

However, the payment of liquidated damages shall not in any way

relieve the Contractor from any of its obligations to complete the
Facilities or from any other obligations and liabilities of the Contractor
under the Contract.

Save for liquidated damages payable under this GCC Sub-Clause

26.2, the failure by the Contractor to attain any milestone or other act,
matter or thing by any date specified in the Appendix (Time Schedule)
to the Contract Agreement and/or other program of work prepared
pursuant to GCC Sub-Clause 18.2 shall not render the Contractor
liable for any loss or damage thereby suffered by the Employer.

26.3 If the Contractor attains Completion of the Facilities or any part thereof

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before the Time for Completion or any extension thereof under GCC
Clause 40, the Employer shall pay to the Contractor a bonus in the
amount specified in the SCC. The aggregate amount of such bonus
shall in no event exceed the amount specified as “Maximum” in the
SCC.

27. Defect Liability 27.1 The Contractor warrants that the Facilities or any part thereof shall be
free from defects in the design, engineering, materials and
workmanship of the Plant supplied and of the work executed.

27.2 The Defect Liability Period shall be five hundred and forty (540) days
from the date of Completion of the Facilities (or any part thereof) or
one year from the date of Operational Acceptance of the Facilities (or
any part thereof), whichever first occurs, unless specified otherwise in
the SCC pursuant to GCC Sub-Clause 27.10.

If during the Defect Liability Period any defect should be found in the
design, engineering, materials and workmanship of the Plant supplied
or of the work executed by the Contractor, the Contractor shall
promptly, in consultation and agreement with the Employer regarding
appropriate remedying of the defects, and at its cost, repair, replace or
otherwise make good as the Contractor shall determine at its
discretion, such defect as well as any damage to the Facilities caused
by such defect. The Contractor shall not be responsible for the repair,
replacement or making good of any defect or of any damage to the
Facilities arising out of or resulting from any of the following causes:
(a) improper operation or maintenance of the Facilities by the
Employer;
(b) operation of the Facilities outside specifications provided in the
Contract; or
(c) normal wear and tear.

27.3 The Contractor’s obligations under this GCC Clause 27 shall not apply
to:
(a) any materials that are supplied by the Employer under GCC
Sub-Clause 21.2, are normally consumed in operation, or have a
normal life shorter than the Defect Liability Period stated herein;
(b) any designs, specifications or other data designed, supplied or
specified by or on behalf of the Employer or any matters for
which the Contractor has disclaimed responsibility herein; or
(c) any other materials supplied or any other work executed by or on
behalf of the Employer, except for the work executed by the
Employer under GCC Sub-Clause 27.7.

27.4 The Employer shall give the Contractor a notice stating the nature of
any such defect together with all available evidence thereof, promptly
following the discovery thereof. The Employer shall afford all
reasonable opportunity for the Contractor to inspect any such defect.

27.5 The Employer shall afford the Contractor all necessary access to the
Facilities and the Site to enable the Contractor to perform its
obligations under this GCC Clause 27.

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The Contractor may, with the consent of the Employer, remove from
the Site any Plant or any part of the Facilities that are defective if the
nature of the defect, and/or any damage to the Facilities caused by the
defect, is such that repairs cannot be expeditiously carried out at the
Site.

27.6 If the repair, replacement or making good is of such a character that it

may affect the efficiency of the Facilities or any part thereof, the
Employer may give to the Contractor a notice requiring that tests of the
defective part of the Facilities shall be made by the Contractor
immediately upon completion of such remedial work, whereupon the
Contractor shall carry out such tests.

If such part fails the tests, the Contractor shall carry out further repair,
replacement or making good, as the case may be, until that part of the
Facilities passes such tests. The tests shall be agreed upon by the
Employer and the Contractor.

27.7 If the Contractor fails to commence the work necessary to remedy

such defect or any damage to the Facilities caused by such defect
within a reasonable time (which shall in no event be considered to be
less than fifteen (15) days), the Employer may, following notice to the
Contractor, proceed to do such work, and the reasonable costs
incurred by the Employer in connection therewith shall be paid to the
Employer by the Contractor or may be deducted by the Employer from
any monies due the Contractor or claimed under the Performance
Security.

27.8 If the Facilities or any part thereof cannot be used by reason of such
defect and/or making good of such defect, the Defect Liability Period of
the Facilities or such part, as the case may be, shall be extended by a
period equal to the period during which the Facilities or such part
cannot be used by the Employer because of any of the aforesaid
reasons.

27.9 Except as provided in GCC Clauses 27 and 33, the Contractor shall be
under no liability whatsoever and howsoever arising, and whether
under the Contract or at law, in respect of defects in the Facilities or
any part thereof, the Plant, design or engineering or work executed
that appear after Completion of the Facilities or any part thereof,
except where such defects are the result of the gross negligence,
fraud, criminal or willful action of the Contractor.

27.10 In addition, any such component of the Facilities and during the period
of time as may be specified in the SCC shall be subject to an extended
Defect Liability Period. Such obligation of the Contractor shall be in
addition to the Defect Liability Period specified under GCC Sub-Clause
27.2.

28. Functional 28.1 The Contractor guarantees that during the Guarantee Test, the
Guarantees Facilities and all parts thereof shall attain the Functional Guarantees
specified in the Appendix (Functional Guarantees) to the Contract
Agreement, subject to and upon the conditions therein specified.
28.2 If, for reasons attributable to the Contractor, the minimum level of the
Functional Guarantees specified in the Appendix (Functional
Guarantees) to the Contract Agreement are not met either in whole or
in part, the Contractor shall at its cost and expense make such
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changes, modifications and/or additions to the Plant or any part thereof

as may be necessary to meet at least the minimum level of such
Guarantees. The Contractor shall notify the Employer upon
completion of the necessary changes, modifications and/or additions,
and shall request the Employer to repeat the Guarantee Test until the
minimum level of the Guarantees has been met. If the Contractor
eventually fails to meet the minimum level of Functional Guarantees,
the Employer may consider termination of the Contract, pursuant to
GCC Sub-Clause 42.2.2.
28.3 If, for reasons attributable to the Contractor, the Functional Guarantees
specified in the Appendix (Functional Guarantees) to the Contract
Agreement are not attained either in whole or in part, but the minimum
level of the Functional Guarantees specified in the said Appendix to
the Contract Agreement is met, the Contractor shall, at the
Contractor’s option, either
(a) make such changes, modifications and/or additions to the
Facilities or any part thereof that are necessary to attain the
Functional Guarantees at its cost and expense, and shall request
the Employer to repeat the Guarantee Test or
(b) pay liquidated damages to the Employer in respect of the failure
to meet the Functional Guarantees in accordance with the
provisions in the Appendix (Functional Guarantees) to the
Contract Agreement.
28.4 The payment of liquidated damages under GCC Sub-Clause 28.3, up
to the limitation of liability specified in the Appendix (Functional
Guarantees) to the Contract Agreement, shall completely satisfy the
Contractor’s guarantees under GCC Sub-Clause 28.3, and the
Contractor shall have no further liability whatsoever to the Employer in
respect thereof. Upon the payment of such liquidated damages by the
Contractor, the Project Manager shall issue the Operational
Acceptance Certificate for the Facilities or any part thereof in respect of
which the liquidated damages have been so paid.

29. Patent 29.1 The Contractor shall, subject to the Employer’s compliance with GCC
Indemnity Sub-Clause 29.2, indemnify and hold harmless the Employer and its
employees and officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs,
and expenses of whatsoever nature, including attorney’s fees and
expenses, which the Employer may suffer as a result of any
infringement or alleged infringement of any patent, utility model,
registered design, trademark, copyright or other intellectual property
right registered or otherwise existing at the date of the Contract by
reason of: (a) the installation of the Facilities by the Contractor or the
use of the Facilities in the country where the Site is located; and (b) the
sale of the products produced by the Facilities in any country.
Such indemnity shall not cover any use of the Facilities or any part
thereof other than for the purpose indicated by or to be reasonably
inferred from the Contract, any infringement resulting from the use of
the Facilities or any part thereof, or any products produced thereby in
association or combination with any other equipment, plant or
materials not supplied by the Contractor, pursuant to the Contract
Agreement.

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29.2 If any proceedings are brought or any claim is made against the
Employer arising out of the matters referred to in GCC Sub-Clause
29.1, the Employer shall promptly give the Contractor a notice thereof,
and the Contractor may at its own expense and in the Employer’s
name conduct such proceedings or claim and any negotiations for the
settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28)

days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify
the Employer within the twenty-eight (28) day period, the Employer
shall make no admission that may be prejudicial to the defense of any
such proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available

assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.

29.3 The Employer shall indemnify and hold harmless the Contractor and its
employees, officers and Subcontractors from and against any and all
suits, actions or administrative proceedings, claims, demands, losses,
damages, costs, and expenses of whatsoever nature, including
attorney’s fees and expenses, which the Contractor may suffer as a
result of any infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright or other intellectual
property right registered or otherwise existing at the date of the
Contract arising out of or in connection with any design, data, drawing,
specification, or other documents or materials provided or designed by
or on behalf of the Employer.

30. Limitation of 30.1 Except in cases of criminal negligence or willful misconduct,

Liability
(a) the Contractor shall not be liable to the Employer, whether in
contract, tort, or otherwise, for any indirect or consequential loss
or damage, loss of use, loss of production, or loss of profits or
interest costs, provided that this exclusion shall not apply to any
obligation of the Contractor to pay liquidated damages to the
Employer and
(b) the aggregate liability of the Contractor to the Employer, whether
under the Contract, in tort or otherwise, shall not exceed a
multiple of the Contract Price specified in the SCC or, if a
multiple is not so specified, the total Contract Price, provided that
this limitation shall not apply to the cost of repairing or replacing
defective equipment, or to any obligation of the Contractor to
indemnify the Employer with respect to patent infringement.

G. Risk Distribution
31. Transfer of 31.1 Ownership of the Plant (including spare parts) to be imported into the
Ownership country where the Site is located shall be transferred to the Employer
upon loading on to the mode of transport to be used to convey the
Plant from the country of origin to that country.

31.2 Ownership of the Plant (including spare parts) procured in the country

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where the Site is located shall be transferred to the Employer when the
Plant are brought on to the Site.

31.3 Ownership of the Contractor’s Equipment used by the Contractor and

its Subcontractors in connection with the Contract shall remain with the
Contractor or its Subcontractors.

31.4 Ownership of any Plant in excess of the requirements for the Facilities
shall revert to the Contractor upon Completion of the Facilities or at
such earlier time when the Employer and the Contractor agree that the
Plant in question are no longer required for the Facilities.

31.5 Notwithstanding the transfer of ownership of the Plant, the

responsibility for care and custody thereof together with the risk of loss
or damage thereto shall remain with the Contractor pursuant to GCC
Clause 32 (Care of Facilities) hereof until Completion of the Facilities
or the part thereof in which such Plant are incorporated.

32. Care of Facilities 32.1 The Contractor shall be responsible for the care and custody of the
Facilities or any part thereof until the date of Completion of the
Facilities pursuant to GCC Clause 24 or, where the Contract provides
for Completion of the Facilities in parts, until the date of Completion of
the relevant part, and shall make good at its own cost any loss or
damage that may occur to the Facilities or the relevant part thereof
from any cause whatsoever during such period. The Contractor shall
also be responsible for any loss or damage to the Facilities caused by
the Contractor or its Subcontractors in the course of any work carried
out, pursuant to GCC Clause 27. Notwithstanding the foregoing, the
Contractor shall not be liable for any loss or damage to the Facilities or
that part thereof caused by reason of any of the matters specified or
referred to in paragraphs (a), (b) and (c) of GCC Sub-Clauses 32.2 and
38.1.

32.2 If any loss or damage occurs to the Facilities or any part thereof or to
the Contractor’s temporary facilities by reason of

(a) insofar as they relate to the country where the Site is located,
nuclear reaction, nuclear radiation, radioactive contamination,
pressure wave caused by aircraft or other aerial objects, or any
other occurrences that an experienced contractor could not
reasonably foresee, or if reasonably foreseeable could not
reasonably make provision for or insure against, insofar as such
risks are not normally insurable on the insurance market and are
mentioned in the general exclusions of the policy of insurance,
including War Risks and Political Risks, taken out under GCC
Clause 34 hereof; or
(b) any use or occupation by the Employer or any third party other
than a Subcontractor, authorized by the Employer of any part of
the Facilities; or
(c) any use of or reliance upon any design, data or specification
provided or designated by or on behalf of the Employer, or any
such matter for which the Contractor has disclaimed
responsibility herein,
the Employer shall pay to the Contractor all sums payable in respect of

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the Facilities executed, notwithstanding that the same be lost,

destroyed or damaged, and will pay to the Contractor the replacement
value of all temporary facilities and all parts thereof lost, destroyed or
damaged. If the Employer requests the Contractor in writing to make
good any loss or damage to the Facilities thereby occasioned, the
Contractor shall make good the same at the cost of the Employer in
accordance with GCC Clause 39. If the Employer does not request the
Contractor in writing to make good any loss or damage to the Facilities
thereby occasioned, the Employer shall either request a change in
accordance with GCC Clause 39, excluding the performance of that
part of the Facilities thereby lost, destroyed or damaged, or, where the
loss or damage affects a substantial part of the Facilities, the Employer
shall terminate the Contract pursuant to GCC Sub-Clause 42.1 hereof.

32.3 The Contractor shall be liable for any loss of or damage to any
Contractor’s Equipment, or any other property of the Contractor used
or intended to be used for purposes of the Facilities, except (i) as
mentioned in GCC Sub-Clause 32.2 with respect to the Contractor’s
temporary facilities, and (ii) where such loss or damage arises by
reason of any of the matters specified in GCC Sub-Clauses 32.2 (b)
and (c) and 38.1.

32.4 With respect to any loss or damage caused to the Facilities or any part
thereof or to the Contractor’s Equipment by reason of any of the
matters specified in GCC Sub-Clause 38.1, the provisions of GCC
Sub-Clause 38.3 shall apply.

33. Loss of or 33.1 Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify and
Damage to hold harmless the Employer and its employees and officers from and
Property; against any and all suits, actions or administrative proceedings, claims,
Accident or Injury demands, losses, damages, costs, and expenses of whatsoever
to Workers; nature, including attorney’s fees and expenses, in respect of the death
Indemnification or injury of any person or loss of or damage to any property other than
the Facilities whether accepted or not, arising in connection with the
supply and installation of the Facilities and by reason of the negligence
of the Contractor or its Subcontractors, or their employees, officers or
agents, except any injury, death or property damage caused by the
negligence of the Employer, its contractors, employees, officers or
agents.

33.2 If any proceedings are brought or any claim is made against the
Employer that might subject the Contractor to liability under GCC Sub-
Clause 33.1, the Employer shall promptly give the Contractor a notice
thereof and the Contractor may at its own expense and in the
Employer’s name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28)

days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify
the Employer within the twenty-eight (28) day period, the Employer
shall make no admission that may be prejudicial to the defense of any
such proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available

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assistance to the Contractor in conducting such proceedings or claim,

and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.

33.3 The Employer shall indemnify and hold harmless the Contractor and its
employees, officers and Subcontractors from any liability for loss of or
damage to property of the Employer, other than the Facilities not yet
taken over, that is caused by fire, explosion or any other perils, in
excess of the amount recoverable from insurances procured under
GCC Clause 34, provided that such fire, explosion or other perils were
not caused by any act or failure of the Contractor.

33.4 The party entitled to the benefit of an indemnity under this GCC Clause
33 shall take all reasonable measures to mitigate any loss or damage
which has occurred. If the party fails to take such measures, the other
party’s liabilities shall be correspondingly reduced.

34. Insurance 34.1 To the extent specified in the Appendix (Insurance Requirements) to
the Contract Agreement, the Contractor shall at its expense take out
and maintain in effect, or cause to be taken out and maintained in
effect, during the performance of the Contract, the insurances set forth
below in the sums and with the deductibles and other conditions
specified in the said Appendix. The identity of the insurers and the
form of the policies shall be subject to the approval of the Employer,
who should not unreasonably withhold such approval.
(a) Cargo Insurance During Transport
Covering loss or damage occurring while in transit from the
Contractor’s or Subcontractor’s works or stores until arrival at the
Site, to the Plant (including spare parts therefor) and to the
Contractor’s Equipment.
(b) Installation All Risks Insurance
Covering physical loss or damage to the Facilities at the Site,
occurring prior to Completion of the Facilities, with an extended
maintenance coverage for the Contractor’s liability in respect of
any loss or damage occurring during the Defect Liability Period
while the Contractor is on the Site for the purpose of performing
its obligations during the Defect Liability Period.

(c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties including
the Employer’s personnel, and loss of or damage to property
occurring in connection with the supply and installation of the
Facilities.
(d) Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its
Subcontractors, whether or not owned by them, in connection
with the execution of the Contract.

(e) Workers’ Compensation

In accordance with the statutory requirements applicable in any

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country where the Contract or any part thereof is executed.

(f) Employer’s Liability

In accordance with the statutory requirements applicable in any
country where the Contract or any part thereof is executed.

(g) Other Insurances

Such other insurances as may be specifically agreed upon by
the parties hereto as listed in the Appendix (Insurance
Requirements) to the Contract Agreement.

34.2 The Employer shall be named as co-insured under all insurance

policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1,
except for the Third Party Liability, Workers’ Compensation and
Employer’s Liability Insurances, and the Contractor’s Subcontractors
shall be named as co-insureds under all insurance policies taken out
by the Contractor pursuant to GCC Sub-Clause 34.1 except for the
Cargo Insurance During Transport, Workers’ Compensation and
Employer’s Liability Insurances. All insurer’s rights of subrogation
against such co-insureds for losses or claims arising out of the
performance of the Contract shall be waived under such policies.

34.3 The Contractor shall, in accordance with the provisions of the

Appendix (Insurance Requirements) to the Contract Agreement,
deliver to the Employer certificates of insurance or copies of the
insurance policies as evidence that the required policies are in full
force and effect. The certificates shall provide that no less than
twenty-one (21) days’ notice shall be given to the Employer by insurers
prior to cancellation or material modification of a policy.

34.4 The Contractor shall ensure that, where applicable, its

Subcontractor(s) shall take out and maintain in effect adequate
insurance policies for their personnel and vehicles and for work
executed by them under the Contract, unless such Subcontractors are
covered by the policies taken out by the Contractor.

34.5 The Employer shall at its expense take out and maintain in effect
during the performance of the Contract those insurances specified in
the Appendix (Insurance Requirements) to the Contract Agreement, in
the sums and with the deductibles and other conditions specified in the
said Appendix. The Contractor and the Contractor’s Subcontractors
shall be named as co-insureds under all such policies. All insurers’
rights of subrogation against such co-insureds for losses or claims
arising out of the performance of the Contract shall be waived under
such policies. The Employer shall deliver to the Contractor satisfactory
evidence that the required insurances are in full force and effect. The
policies shall provide that not less than twenty-one (21) days’ notice
shall be given to the Contractor by all insurers prior to any cancellation
or material modification of the policies. If so requested by the
Contractor, the Employer shall provide copies of the policies taken out
by the Employer under this GCC Sub-Clause 34.5.

34.6 If the Contractor fails to take out and/or maintain in effect the
insurances referred to in GCC Sub-Clause 34.1, the Employer may
take out and maintain in effect any such insurances and may from time
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to time deduct from any amount due the Contractor under the Contract
any premium that the Employer shall have paid to the insurer, or may
otherwise recover such amount as a debt due from the Contractor. If
the Employer fails to take out and/or maintain in effect the insurances
referred to in GCC 34.5, the Contractor may take out and maintain in
effect any such insurances and may from time to time deduct from any
amount due the Employer under the Contract any premium that the
Contractor shall have paid to the insurer, or may otherwise recover
such amount as a debt due from the Employer. If the Contractor fails
to or is unable to take out and maintain in effect any such insurances,
the Contractor shall nevertheless have no liability or responsibility
towards the Employer, and the Contractor shall have full recourse
against the Employer for any and all liabilities of the Employer herein.

34.7 Unless otherwise provided in the Contract, the Contractor shall prepare
and conduct all and any claims made under the policies effected by it
pursuant to this GCC Clause 34, and all monies payable by any
insurers shall be paid to the Contractor. The Employer shall give to the
Contractor all such reasonable assistance as may be required by the
Contractor. With respect to insurance claims in which the Employer’s
interest is involved, the Contractor shall not give any release or make
any compromise with the insurer without the prior written consent of
the Employer. With respect to insurance claims in which the
Contractor’s interest is involved, the Employer shall not give any
release or make any compromise with the insurer without the prior
written consent of the Contractor.

35. Unforeseen 35.1 If, during the execution of the Contract, the Contractor shall encounter
Conditions on the Site any physical conditions other than climatic conditions, or
artificial obstructions that could not have been reasonably foreseen
prior to the date of the Contract Agreement by an experienced
contractor on the basis of reasonable examination of the data relating
to the Facilities including any data as to boring tests, provided by the
Employer, and on the basis of information that it could have obtained
from a visual inspection of the Site if access thereto was available, or
other data readily available to it relating to the Facilities, and if the
Contractor determines that it will in consequence of such conditions or
obstructions incur additional cost and expense or require additional
time to perform its obligations under the Contract that would not have
been required if such physical conditions or artificial obstructions had
not been encountered, the Contractor shall promptly, and before
performing additional work or using additional Plant or Contractor’s
Equipment, notify the Project Manager in writing of

(a) the physical conditions or artificial obstructions on the Site that

could not have been reasonably foreseen;

(b) the additional work and/or Plant and/or Contractor’s Equipment

required, including the steps which the Contractor will or
proposes to take to overcome such conditions or obstructions;

(c) the extent of the anticipated delay; and

(d) the additional cost and expense that the Contractor is likely to
incur.

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On receiving any notice from the Contractor under this GCC Sub-
Clause 35.1, the Project Manager shall promptly consult with the
Employer and Contractor and decide upon the actions to be taken to
overcome the physical conditions or artificial obstructions encountered.
Following such consultations, the Project Manager shall instruct the
Contractor, with a copy to the Employer, of the actions to be taken.

35.2 Any reasonable additional cost and expense incurred by the Contractor
in following the instructions from the Project Manager to overcome
such physical conditions or artificial obstructions referred to in GCC
Sub-Clause 35.1 shall be paid by the Employer to the Contractor as an
addition to the Contract Price.

35.3 If the Contractor is delayed or impeded in the performance of the

Contract because of any such physical conditions or artificial
obstructions referred to in GCC Sub-Clause 35.1, the Time for
Completion shall be extended in accordance with GCC Clause 40.

36. Change in Laws 36.1 If, after the date twenty-eight (28) days prior to the date of Bid
and Regulations submission, in the country where the Site is located, any law,
regulation, ordinance, order or by-law having the force of law is
enacted, promulgated, abrogated or changed which shall be deemed
to include any change in interpretation or application by the competent
authorities, that subsequently affects the costs and expenses of the
Contractor and/or the Time for Completion, the Contract Price shall be
correspondingly increased or decreased, and/or the Time for
Completion shall be reasonably adjusted to the extent that the
Contractor has thereby been affected in the performance of any of its
obligations under the Contract. Notwithstanding the foregoing, such
additional or reduced costs shall not be separately paid or credited if
the same has already been accounted for in the price adjustment
provisions where applicable, in accordance with the SCC, pursuant to
GCC Sub-Clause 11.2.

37. Force Majeure 37.1 “Force Majeure” shall mean any event beyond the reasonable control
of the Employer or of the Contractor, as the case may be, and which is
unavoidable notwithstanding the reasonable care of the party affected,
and shall include, without limitation, the following:

(a) war, hostilities or warlike operations whether a state of war be

declared or not, invasion, act of foreign enemy and civil war

(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or

military government, conspiracy, riot, civil commotion and
terrorist acts

(c) confiscation, nationalization, mobilization, commandeering or

requisition by or under the order of any government or de jure or
de facto authority or ruler or any other act or failure to act of any
local state or national government authority

(d) strike, sabotage, lockout, embargo, import restriction, port

congestion, lack of usual means of public transportation and
communication, industrial dispute, shipwreck, shortage or
restriction of power supply, epidemics, quarantine and plague

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(e) earthquake, landslide, volcanic activity, fire, flood or inundation,

tidal wave, typhoon or cyclone, hurricane, storm, lightning, or
other inclement weather condition, nuclear and pressure waves
or other natural or physical disaster

(f) shortage of labor, materials or utilities where caused by

circumstances that are themselves Force Majeure.

37.2 If either party is prevented, hindered or delayed from or in performing

any of its obligations under the Contract by an event of Force Majeure,
then it shall notify the other in writing of the occurrence of such event
and the circumstances thereof within fourteen (14) days after the
occurrence of such event.

37.3 The party who has given such notice shall be excused from the
performance or punctual performance of its obligations under the
Contract for so long as the relevant event of Force Majeure continues
and to the extent that such party’s performance is prevented, hindered
or delayed. The Time for Completion shall be extended in accordance
with GCC Clause 40.

37.4 The party or parties affected by the event of Force Majeure shall use
reasonable efforts to mitigate the effect thereof upon its or their
performance of the Contract and to fulfill its or their obligations under
the Contract, but without prejudice to either party’s right to terminate
the Contract under GCC Sub-Clauses 37.6 and 38.5.

37.5 No delay or nonperformance by either party hereto caused by the

occurrence of any event of Force Majeure shall

(a) constitute a default or breach of the Contract, or

(b) give rise to any claim for damages or additional cost or expense
occasioned thereby, subject to GCC Sub-Clauses 32.2, 38.3 and
38.4

if and to the extent that such delay or nonperformance is caused by the

occurrence of an event of Force Majeure.

37.6 If the performance of the Contract is substantially prevented, hindered

or delayed for a single period of more than sixty (60) days or an
aggregate period of more than one hundred and twenty (120) days on
account of one or more events of Force Majeure during the currency of
the Contract, the parties will attempt to develop a mutually satisfactory
solution, failing which either party may terminate the Contract by giving
a notice to the other, but without prejudice to either party’s right to
terminate the Contract under GCC Sub-Clause 38.5.

37.7 In the event of termination pursuant to GCC Sub-Clause 37.6, the

rights and obligations of the Employer and the Contractor shall be as
specified in GCC Sub-Clauses 42.1.2 and 42.1.3.

37.8 Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not apply
to any obligation of the Employer to make payments to the Contractor
herein.

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38. War Risks 38.1 “War Risks” shall mean any event specified in paragraphs (a) and (b)
of GCC Sub-Clause 37.1 and any explosion or impact of any mine,
bomb, shell, grenade or other projectile, missile, munitions or explosive
of war, occurring or existing in or near the country (or countries) where
the Site is located.

38.2 Notwithstanding anything contained in the Contract, the Contractor

shall have no liability whatsoever for or with respect to
(a) destruction of or damage to Facilities, Plant, or any part thereof;
(b) destruction of or damage to property of the Employer or any third
party; or
(c) injury or loss of life

if such destruction, damage, injury or loss of life is caused by any War

Risks, and the Employer shall indemnify and hold the Contractor
harmless from and against any and all claims, liabilities, actions,
lawsuits, damages, costs, charges or expenses arising in consequence
of or in connection with the same.

38.3 If the Facilities or any Plant or Contractor’s Equipment or any other

property of the Contractor used or intended to be used for the
purposes of the Facilities shall sustain destruction or damage by
reason of any War Risks, the Employer shall pay the Contractor for
(a) any part of the Facilities or the Plant so destroyed or damaged to
the extent not already paid for by the Employer and so far as
may be required by the Employer, and as may be necessary for
completion of the Facilities
(b) replacing or making good any Contractor’s Equipment or other
property of the Contractor so destroyed or damaged
(c) replacing or making good any such destruction or damage to the
Facilities or the Plant or any part thereof .

If the Employer does not require the Contractor to replace or make

good any such destruction or damage to the Facilities, the Employer
shall either request a change in accordance with GCC Clause 39,
excluding the performance of that part of the Facilities thereby
destroyed or damaged or, where the loss, destruction or damage
affects a substantial part of the Facilities, shall terminate the Contract,
pursuant to GCC Sub-Clause 42.1.

If the Employer requires the Contractor to replace or make good on

any such destruction or damage to the Facilities, the Time for
Completion shall be extended in accordance with GCC 40.

38.4 Notwithstanding anything contained in the Contract, the Employer shall

pay the Contractor for any increased costs or incidentals to the
execution of the Contract that are in any way attributable to,
consequent on, resulting from, or in any way connected with any War
Risks, provided that the Contractor shall as soon as practicable notify
the Employer in writing of any such increased cost.

38.5 If during the performance of the Contract any War Risks shall occur

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that financially or otherwise materially affect the execution of the

Contract by the Contractor, the Contractor shall use its reasonable
efforts to execute the Contract with due and proper consideration given
to the safety of its and its Subcontractors’ personnel engaged in the
work on the Facilities, provided, however, that if the execution of the
work on the Facilities becomes impossible or is substantially prevented
for a single period of more than sixty (60) days or an aggregate period
of more than one hundred and twenty (120) days on account of any
War Risks, the parties will attempt to develop a mutually satisfactory
solution, failing which either party may terminate the Contract by giving
a notice to the other.

38.6 In the event of termination pursuant to GCC Sub-Clauses 38.3 or 38.5,

the rights and obligations of the Employer and the Contractor shall be
specified in GCC Sub-Clauses 42.1.2 and 42.1.3.

H. Change in Contract Elements

39. Change in the 39.1 Introducing a Change

Facilities
39.1.1 Subject to GCC Sub-Clauses 39.2.5 and 39.2.7, the Employer
shall have the right to propose, and subsequently require, that
the Project Manager order the Contractor from time to time
during the performance of the Contract to make any change,
modification, addition or deletion to, in or from the Facilities
hereinafter called “Change”, provided that such Change falls
within the general scope of the Facilities and does not constitute
unrelated work and that it is technically practicable, taking into
account both the state of advancement of the Facilities and the
technical compatibility of the Change envisaged with the nature
of the Facilities as specified in the Contract.
39.1.2 The Contractor may from time to time during its performance of
the Contract propose to the Employer with a copy to the Project
Manager, any Change that the Contractor considers necessary
or desirable to improve the quality, efficiency or safety of the
Facilities. The Employer may at its discretion approve or reject
any Change proposed by the Contractor, provided that the
Employer shall approve any Change proposed by the Contractor
to ensure the safety of the Facilities.
39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no
change made necessary because of any default of the
Contractor in the performance of its obligations under the
Contract shall be deemed to be a Change, and such change
shall not result in any adjustment of the Contract Price or the
Time for Completion.
39.1.4 The procedure on how to proceed with and execute Changes is
specified in GCC Sub-Clauses 39.2 and 39.3, and further details
and forms are provided in the Employer’s Requirements (Forms
and Procedures).

39.2 Changes Originating from Employer

39.2.1 If the Employer proposes a Change pursuant to GCC Sub-
Clause 39.1.1, it shall send to the Contractor a “Request for
Change Proposal,” requiring the Contractor to prepare and

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furnish to the Project Manager as soon as reasonably practicable

a “Change Proposal,” which shall include the following:

(a) brief description of the Change

(b) effect on the Time for Completion

(c) estimated cost of the Change

(d) effect on Functional Guarantees (if any)

(e) effect on the Facilities

(f) effect on any other provisions of the Contract.

39.2.2 Prior to preparing and submitting the “Change Proposal,” the

Contractor shall submit to the Project Manager an “Estimate for
Change Proposal,” which shall be an estimate of the cost of
preparing and submitting the Change Proposal.

Upon receipt of the Contractor’s Estimate for Change Proposal,

the Employer shall do one of the following:

(a) accept the Contractor’s estimate with instructions to the

Contractor to proceed with the preparation of the Change
Proposal

(b) advise the Contractor of any part of its Estimate for

Change Proposal that is unacceptable and request the
Contractor to review its estimate

(c) advise the Contractor that the Employer does not intend to
proceed with the Change.

39.2.3 Upon receipt of the Employer’s instruction to proceed under GCC

Sub-Clause 39.2.2 (a), the Contractor shall, with proper
expedition, proceed with the preparation of the Change Proposal,
in accordance with GCC Sub-Clause 39.2.1.

39.2.4 The pricing of any Change shall, as far as practicable, be

calculated in accordance with the rates and prices included in the
Contract. If such rates and prices are inequitable, the parties
thereto shall agree on specific rates for the valuation of the
Change.

39.2.5 If before or during the preparation of the Change Proposal it

becomes apparent that the aggregate effect of compliance
therewith and with all other Change Orders that have already
become binding upon the Contractor under this GCC Clause 39
would be to increase or decrease the Contract Price as originally
set forth in Article 2 (Contract Price) of the Contract Agreement
by more than fifteen percent (15%), the Contractor may give a
written notice of objection thereto prior to furnishing the Change
Proposal as aforesaid. If the Employer accepts the Contractor’s
objection, the Employer shall withdraw the proposed Change and

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shall notify the Contractor in writing thereof.

The Contractor’s failure to so object shall neither affect its right to

object to any subsequent requested Changes or Change Orders
herein, nor affect its right to take into account, when making such
subsequent objection, the percentage increase or decrease in
the Contract Price that any Change not objected to by the
Contractor represents.

39.2.6 Upon receipt of the Change Proposal, the Employer and the
Contractor shall mutually agree upon all matters therein
contained. Within fourteen (14) days after such agreement, the
Employer shall, if it intends to proceed with the Change, issue
the Contractor with a Change Order.

If the Employer is unable to reach a decision within fourteen (14)

days, it shall notify the Contractor with details of when the
Contractor can expect a decision.

If the Employer decides not to proceed with the Change for

whatever reason, it shall, within the said period of fourteen (14)
days, notify the Contractor accordingly. Under such
circumstances, the Contractor shall be entitled to reimbursement
of all costs reasonably incurred by it in the preparation of the
Change Proposal, provided that these do not exceed the amount
given by the Contractor in its Estimate for Change Proposal
submitted in accordance with GCC Sub-Clause 39.2.2.

39.2.7 If the Employer and the Contractor cannot reach agreement on

the price for the Change, an equitable adjustment to the Time for
Completion, or any other matters identified in the Change
Proposal, the Employer may nevertheless instruct the Contractor
to proceed with the Change by issue of a “Pending Agreement
Change Order.”

Upon receipt of a Pending Agreement Change Order, the

Contractor shall immediately proceed with effecting the Changes
covered by such Order. The parties shall thereafter attempt to
reach agreement on the outstanding issues under the Change
Proposal.

If the parties cannot reach agreement within sixty (60) days from
the date of issue of the Pending Agreement Change Order, then
the matter may be referred to the Dispute Board in accordance
with the provisions of GCC Sub-Clause 45.3.

39.3 Changes Originating from Contractor

39.3.1 If the Contractor proposes a Change pursuant to GCC Sub-
Clause 39.1.2, the Contractor shall submit to the Project
Manager a written “Application for Change Proposal,” giving
reasons for the proposed Change and including the information
specified in GCC Sub-Clause 39.2.1.

Upon receipt of the Application for Change Proposal, the parties

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shall follow the procedures outlined in GCC Sub-Clauses 39.2.6

and 39.2.7. However, should the Employer choose not to
proceed, the Contractor shall not be entitled to recover the costs
of preparing the Application for Change Proposal.

40. Extension of Time 40.1 The Time(s) for Completion specified in the SCC shall be extended if
for Completion the Contractor is delayed or impeded in the performance of any of its
obligations under the Contract by reason of any of the following:

(a) any Change in the Facilities as provided in GCC Clause 39

(b) any occurrence of Force Majeure as provided in GCC Clause 37,

unforeseen conditions as provided in GCC Clause 35, or other
occurrence of any of the matters specified or referred to in
paragraphs (a), (b) and (c) of GCC Sub-Clause 32.2

(c) any suspension order given by the Employer under GCC Clause
41 hereof or reduction in the rate of progress pursuant to GCC
Sub-Clause 41.2 or

(d) any changes in laws and regulations as provided in GCC Clause

36 or

(e) any default or breach of the Contract by the Employer, or any

activity, act or omission of the Employer, or the Project Manager,
or any other contractors employed by the Employer or

(f) any other matter specifically mentioned in the Contract

(g) any delay on the part of a sub-contractor, provided such delay is

due to a cause for which the Contractor himself would have been
entitled to an extension of time under this sub-clause

by such period as shall be fair and reasonable in all the circumstances

and as shall fairly reflect the delay or impediment sustained by the
Contractor.

40.2 Except where otherwise specifically provided in the Contract, the

Contractor shall submit to the Project Manager a notice of a claim for an
extension of the Time for Completion, together with particulars of the
event or circumstance justifying such extension as soon as reasonably
practicable after the commencement of such event or circumstance. As
soon as reasonably practicable after receipt of such notice and
supporting particulars of the claim, the Employer and the Contractor
shall agree upon the period of such extension. In the event that the
Contractor does not accept the Employer’s estimate of a fair and
reasonable time extension, the Contractor shall be entitled to refer the
matter to a Dispute Board, pursuant to GCC Sub-Clause 45.3.

40.3 The Contractor shall at all times use its reasonable efforts to minimize
any delay in the performance of its obligations under the Contract.

In all cases where the Contractor has given a notice of a claim for an
extension of time under GCC 40.2, the Contractor shall consult with the
Project Manager in order to determine the steps (if any) which can be
taken to overcome or minimize the actual or anticipated delay. The
Contractor shall there after comply with all reasonable instructions

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which the Project Manager shall give in order to minimize such delay. If
compliance with such instructions shall cause the Contractor to incur
extra costs and the Contractor is entitled to an extension of time under
GCC 40.1, the amount of such extra costs shall be added to the
Contract Price.

41. Suspension 41.1 The Employer may request the Project Manager, by notice to the
Contractor, to order the Contractor to suspend performance of any or all
of its obligations under the Contract. Such notice shall specify the
obligation of which performance is to be suspended, the effective date
of the suspension and the reasons therefor. The Contractor shall
thereupon suspend performance of such obligation, except those
obligations necessary for the care or preservation of the Facilities, until
ordered in writing to resume such performance by the Project Manager.

If, by virtue of a suspension order given by the Project Manager, other

than by reason of the Contractor’s default or breach of the Contract, the
Contractor’s performance of any of its obligations is suspended for an
aggregate period of more than ninety (90) days, then at any time
thereafter and provided that at that time such performance is still
suspended, the Contractor may give a notice to the Project Manager
requiring that the Employer shall, within twenty-eight (28) days of receipt
of the notice, order the resumption of such performance or request and
subsequently order a change in accordance with GCC Clause 39,
excluding the performance of the suspended obligations from the
Contract.

If the Employer fails to do so within such period, the Contractor may, by

a further notice to the Project Manager, elect to treat the suspension,
where it affects a part only of the Facilities, as a deletion of such part in
accordance with GCC Clause 39 or, where it affects the whole of the
Facilities, as termination of the Contract under GCC Sub-Clause 42.1.

41.2 If
(a) the Employer has failed to pay the Contractor any sum due under
the Contract within the specified period, has failed to approve any
invoice or supporting documents without just cause pursuant to
the Appendix (Terms and Procedures of Payment) to the
Contract Agreement, or commits a substantial breach of the
Contract, the Contractor may give a notice to the Employer that
requires payment of such sum, with interest thereon as stipulated
in GCC Sub-Clause 12.3, requires approval of such invoice or
supporting documents, or specifies the breach and requires the
Employer to remedy the same, as the case may be. If the
Employer fails to pay such sum together with such interest, fails to
approve such invoice or supporting documents or give its reasons
for withholding such approval, or fails to remedy the breach or
take steps to remedy the breach within fourteen (14) days after
receipt of the Contractor’s notice or
(b) the Contractor is unable to carry out any of its obligations under
the Contract for any reason attributable to the Employer, including
but not limited to the Employer’s failure to provide possession of
or access to the Site or other areas in accordance with GCC Sub-

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Clause 10.2, or failure to obtain any governmental permit

necessary for the execution and/or completion of the Facilities,
then the Contractor may by fourteen (14) days’ notice to the
Employer suspend performance of all or any of its obligations
under the Contract, or reduce the rate of progress.
41.3 If the Contractor’s performance of its obligations is suspended or the
rate of progress is reduced pursuant to this GCC Clause 41, then the
Time for Completion shall be extended in accordance with GCC Sub-
Clause 40.1, and any and all additional costs or expenses incurred by
the Contractor as a result of such suspension or reduction shall be paid
by the Employer to the Contractor in addition to the Contract Price,
except in the case of suspension order or reduction in the rate of
progress by reason of the Contractor’s default or breach of the Contract.

41.4 During the period of suspension, the Contractor shall not remove from
the Site any Plant, any part of the Facilities or any Contractor’s
Equipment, without the prior written consent of the Employer.

42. Termination 42.1 Termination for Employer’s Convenience

42.1.1 The Employer may at any time terminate the Contract for any
reason by giving the Contractor a notice of termination that refers
to this GCC Sub-Clause 42.1.

42.1.2 Upon receipt of the notice of termination under GCC Sub-Clause

42.1.1, the Contractor shall either immediately or upon the date
specified in the notice of termination
(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for the
sole purpose of protecting that part of the Facilities already
executed, or any work required to leave the Site in a clean
and safe condition
(b) terminate all subcontracts, except those to be assigned to
the Employer pursuant to paragraph (d) (ii) below
(c) remove all Contractor’s Equipment from the Site, repatriate
the Contractor’s and its Subcontractors’ personnel from the
Site, remove from the Site any wreckage, rubbish and
debris of any kind, and leave the whole of the Site in a
clean and safe condition, and
(d) subject to the payment specified in GCC Sub-Clause
42.1.3,
(i) deliver to the Employer the parts of the Facilities
executed by the Contractor up to the date of
termination
(ii) to the extent legally possible, assign to the Employer
all right, title and benefit of the Contractor to the
Facilities and to the Plant as of the date of
termination, and, as may be required by the
Employer, in any subcontracts concluded between
the Contractor and its Subcontractors; and

(iii) deliver to the Employer all non-proprietary drawings,

specifications and other documents prepared by the

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Contractor or its Subcontractors as at the date of

termination in connection with the Facilities.

42.1.3 In the event of termination of the Contract under GCC Sub-

Clause 42.1.1, the Employer shall pay to the Contractor the
following amounts:

(a) the Contract Price, properly attributable to the parts of the

Facilities executed by the Contractor as of the date of
termination

(b) the costs reasonably incurred by the Contractor in the

removal of the Contractor’s Equipment from the Site and in
the repatriation of the Contractor’s and its Subcontractors’
personnel

(c) any amounts to be paid by the Contractor to its

Subcontractors in connection with the termination of any
subcontracts, including any cancellation charges

(d) costs incurred by the Contractor in protecting the Facilities

and leaving the Site in a clean and safe condition pursuant
to paragraph (a) of GCC Sub-Clause 42.1.2

(e) the cost of satisfying all other obligations, commitments

and claims that the Contractor may in good faith have
undertaken with third parties in connection with the
Contract and that are not covered by paragraphs (a)
through (d) above.

42.2 Termination for Contractor’s Default

42.2.1 The Employer, without prejudice to any other rights or remedies
it may possess, may terminate the Contract forthwith in the
following circumstances by giving a notice of termination and its
reasons therefor to the Contractor, referring to this GCC Sub-
Clause 42.2:

(a) if the Contractor becomes bankrupt or insolvent, has a

receiving order issued against it, compounds with its
creditors, or, if the Contractor is a corporation, a resolution
is passed or order is made for its winding up, other than a
voluntary liquidation for the purposes of amalgamation or
reconstruction, a receiver is appointed over any part of its
undertaking or assets, or if the Contractor takes or suffers
any other analogous action in consequence of debt

(b) if the Contractor assigns or transfers the Contract or any

right or interest therein in violation of the provision of GCC
Clause 43.

(c) if the Contractor, in the judgment of the Employer has

engaged in corrupt or fraudulent practices, as defined in
GCC Clause 6, in competing for or in executing the
Contract.

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42.2.2 If the Contractor

(a) has abandoned or repudiated the Contract

(b) has without valid reason failed to commence work on the

Facilities promptly or has suspended, other than pursuant
to GCC Sub-Clause 41.2, the progress of Contract
performance for more than twenty-eight (28) days after
receiving a written instruction from the Employer to
proceed

(c) persistently fails to execute the Contract in accordance

with the Contract or persistently neglects to carry out its
obligations under the Contract without just cause

(d) refuses or is unable to provide sufficient materials, services

or labor to execute and complete the Facilities in the
manner specified in the program furnished under GCC
Sub-Clause 18.2 at rates of progress that give reasonable
assurance to the Employer that the Contractor can attain
Completion of the Facilities by the Time for Completion as
extended,

then the Employer may, without prejudice to any other rights it

may possess under the Contract, give a notice to the Contractor
stating the nature of the default and requiring the Contractor to
remedy the same. If the Contractor fails to remedy or to take
steps to remedy the same within fourteen (14) days of its receipt
of such notice, then the Employer may terminate the Contract
forthwith by giving a notice of termination to the Contractor that
refers to this GCC Sub-Clause 42.2.

42.2.3 Upon receipt of the notice of termination under GCC Sub-

Clauses 42.2.1 or 42.2.2, the Contractor shall, either immediately
or upon such date as is specified in the notice of termination,

(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for the
sole purpose of protecting that part of the Facilities already
executed, or any work required to leave the Site in a clean
and safe condition

(b) terminate all subcontracts, except those to be assigned to

the Employer pursuant to paragraph (d) below

(c) deliver to the Employer the parts of the Facilities executed

by the Contractor up to the date of termination

(d) to the extent legally possible, assign to the Employer all

right, title and benefit of the Contractor to the Facilities
and to the Plant as of the date of termination, and, as may
be required by the Employer, in any subcontracts
concluded between the Contractor and its Subcontractors
(e) deliver to the Employer all drawings, specifications and
other documents prepared by the Contractor or its
Subcontractors as of the date of termination in connection

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with the Facilities.

42.2.4 The Employer may enter upon the Site, expel the Contractor,
and complete the Facilities itself or by employing any third party.
The Employer may, to the exclusion of any right of the Contractor
over the same, take over and use with the payment of a fair
rental rate to the Contractor, with all the maintenance costs to
the account of the Employer and with an indemnification by the
Employer for all liability including damage or injury to persons
arising out of the Employer’s use of such equipment, any
Contractor’s Equipment owned by the Contractor and on the Site
in connection with the Facilities for such reasonable period as
the Employer considers expedient for the supply and installation
of the Facilities.
Upon completion of the Facilities or at such earlier date as the
Employer thinks appropriate, the Employer shall give notice to
the Contractor that such Contractor’s Equipment will be returned
to the Contractor at or near the Site and shall return such
Contractor’s Equipment to the Contractor in accordance with
such notice. The Contractor shall thereafter without delay and at
its cost remove or arrange removal of the same from the Site.

42.2.5 Subject to GCC Sub-Clause 42.2.6, the Contractor shall be

entitled to be paid the Contract Price attributable to the Facilities
executed as of the date of termination, the value of any unused
or partially used Plant on the Site, and the costs, if any, incurred
in protecting the Facilities and in leaving the Site in a clean and
safe condition pursuant to paragraph (a) of GCC Sub-Clause
42.2.3. Any sums due the Employer from the Contractor
accruing prior to the date of termination shall be deducted from
the amount to be paid to the Contractor under this Contract.

42.2.6 If the Employer completes the Facilities, the cost of completing

the Facilities by the Employer shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to
GCC Sub-Clause 42.2.5, plus the reasonable costs incurred by
the Employer in completing the Facilities, exceeds the Contract
Price, the Contractor shall be liable for such excess.
If such excess is greater than the sums due the Contractor under
GCC Sub-Clause 42.2.5, the Contractor shall pay the balance to
the Employer, and if such excess is less than the sums due the
Contractor under GCC Sub-Clause 42.2.5, the Employer shall
pay the balance to the Contractor.
The Employer and the Contractor shall agree, in writing, on the
computation described above and the manner in which any sums
shall be paid.
42.3 Termination by Contractor
42.3.1 If

(a) the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed to
approve any invoice or supporting documents without just
cause pursuant to the Appendix (Terms and Procedures
of Payment) to the Contract Agreement, or commits a

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substantial breach of the Contract, the Contractor may give

a notice to the Employer that requires payment of such
sum, with interest thereon as stipulated in GCC Sub-
Clause 12.3, requires approval of such invoice or
supporting documents, or specifies the breach and
requires the Employer to remedy the same, as the case
may be. If the Employer fails to pay such sum together
with such interest, fails to approve such invoice or
supporting documents or give its reasons for withholding
such approval, fails to remedy the breach or take steps to
remedy the breach within fourteen (14) days after receipt
of the Contractor’s notice, or

(b) the Contractor is unable to carry out any of its obligations

under the Contract for any reason attributable to the
Employer, including but not limited to the Employer’s
failure to provide possession of or access to the Site or
other areas or failure to obtain any governmental permit
necessary for the execution and/or completion of the
Facilities,
then the Contractor may give a notice to the Employer thereof,
and if the Employer has failed to pay the outstanding sum, to
approve the invoice or supporting documents, to give its reasons
for withholding such approval, or to remedy the breach within
twenty-eight (28) days of such notice, or if the Contractor is still
unable to carry out any of its obligations under the Contract for
any reason attributable to the Employer within twenty-eight (28)
days of the said notice, the Contractor may by a further notice to
the Employer referring to this GCC Sub-Clause 42.3.1, forthwith
terminate the Contract.
42.3.2 The Contractor may terminate the Contract forthwith by giving a
notice to the Employer to that effect, referring to this GCC Sub-
Clause 42.3.2, if the Employer becomes bankrupt or insolvent,
has a receiving order issued against it, compounds with its
creditors, or, being a corporation, if a resolution is passed or
order is made for its winding up (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction),
a receiver is appointed over any part of its undertaking or assets,
or if the Employer takes or suffers any other analogous action in
consequence of debt.
42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or
42.3.2, then the Contractor shall immediately
(a) cease all further work, except for such work as may be
necessary for the purpose of protecting that part of the
Facilities already executed, or any work required to leave
the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to
the Employer pursuant to paragraph (d) (ii)

(c) remove all Contractor’s Equipment from the Site and

repatriate the Contractor’s and its Subcontractors’
personnel from the Site, and

(d) subject to the payment specified in GCC Sub-Clause

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42.3.4,

(i) deliver to the Employer the parts of the Facilities

executed by the Contractor up to the date of
termination

(ii) to the extent legally possible, assign to the Employer

all right, title and benefit of the Contractor to the
Facilities and to the Plant as of the date of
termination, and, as may be required by the
Employer, in any subcontracts concluded between
the Contractor and its Subcontractors, and

(iii) deliver to the Employer all drawings, specifications

and other documents prepared by the Contractor or
its Subcontractors as of the date of termination in
connection with the Facilities.

42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or

42.3.2, the Employer shall pay to the Contractor all payments
specified in GCC Sub-Clause 42.1.3, and reasonable
compensation for all loss, except for loss of profit, or damage
sustained by the Contractor arising out of, in connection with or
in consequence of such termination.

42.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause

42.3 is without prejudice to any other rights or remedies of the
Contractor that may be exercised in lieu of or in addition to rights
conferred by GCC Sub-Clause 42.3.

42.4 In this GCC Clause 42, the expression “Facilities executed” shall include
all work executed, Installation Services provided, and all Plant acquired,
or subject to a legally binding obligation to purchase, by the Contractor
and used or intended to be used for the purpose of the Facilities, up to
and including the date of termination.

42.5 In this GCC Clause 42, in calculating any monies due from the Employer to
the Contractor, account shall be taken of any sum previously paid by the
Employer to the Contractor under the Contract, including any advance
payment paid pursuant to the Appendix (Terms and Procedures of
Payment) to the Contract Agreement.

43. Assignment 43.1 Neither the Employer nor the Contractor shall, without the express prior
written consent of the other party which consent shall not be
unreasonably withheld, assign to any third party the Contract or any part
thereof, or any right, benefit, obligation or interest therein or thereunder,
except that the Contractor shall be entitled to assign either absolutely or
by way of charge any monies due and payable to it or that may become
due and payable to it under the Contract.

I. Claims, Disputes and Arbitration

44. Contractor’s 44.1 If the Contractor considers himself to be entitled to any extension of the
Claims Time for Completion and/or any additional payment, under any Clause
of these Conditions or otherwise in connection with the Contract, the
Contractor shall submit a notice to the Project Manager, describing the
event or circumstance giving rise to the claim. The notice shall be given

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as soon as practicable, and not later than 28 days after the Contractor
became aware, or should have become aware, of the event or
circumstance.

If the Contractor fails to give notice of a claim within such period of 28

days, the Time for Completion shall not be extended, the Contractor
shall not be entitled to additional payment, and the Employer shall be
discharged from all liability in connection with the claim. Otherwise, the
following provisions of this Sub-Clause shall apply.

The Contractor shall also submit any other notices which are required
by the Contract, and supporting particulars for the claim, all as relevant
to such event or circumstance.

The Contractor shall keep such contemporary records as may be

necessary to substantiate any claim, either on the Site or at another
location acceptable to the Project Manager. Without admitting the
Employer’s liability, the Project Manager may, after receiving any notice
under this Sub-Clause, monitor the record-keeping and/or instruct the
Contractor to keep further contemporary records. The Contractor shall
permit the Project Manager to inspect all these records, and shall (if
instructed) submit copies to the Project Manager.

Within 42 days after the Contractor became aware (or should have
become aware) of the event or circumstance giving rise to the claim, or
within such other period as may be proposed by the Contractor and
approved by the Project Manager, the Contractor shall send to the
Project Manager a fully detailed claim which includes full supporting
particulars of the basis of the claim and of the extension of time and/or
additional payment claimed. If the event or circumstance giving rise to
the claim has a continuing effect:

(a) this fully detailed claim shall be considered as interim;

(b) the Contractor shall send further interim claims at monthly

intervals, giving the accumulated delay and/or amount claimed,
and such further particulars as the Project Manager may
reasonably require; and

(c) the Contractor shall send a final claim within 28 days after the
end of the effects resulting from the event or circumstance, or
within such other period as may be proposed by the Contractor
and approved by the Project Manager.

Within 42 days after receiving a claim or any further particulars

supporting a previous claim, or within such other period as may be
proposed by the Project Manager and approved by the Contractor, the
Project Manager shall respond with approval, or with disapproval and
detailed comments. He may also request any necessary further
particulars, but shall nevertheless give his response on the principles of
the claim within such time.

Each Payment Certificate shall include such amounts for any claim as
have been reasonably substantiated as due under the relevant
provision of the Contract. Unless and until the particulars supplied are

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sufficient to substantiate the whole of the claim, the Contractor shall

only be entitled to payment for such part of the claim as he has been
able to substantiate.

The Project Manager shall agree with the Contractor or estimate: (i) the
extension (if any) of the Time for Completion (before or after its expiry)
in accordance with GCC Clause 40, and/or (ii) the additional payment
(if any) to which the Contractor is entitled under the Contract.

The requirements of this Sub-Clause are in addition to those of any

other Sub-Clause which may apply to a claim. If the Contractor fails to
comply with this or another Sub-Clause in relation to any claim, any
extension of time and/or additional payment shall take account of the
extent (if any) to which the failure has prevented or prejudiced proper
investigation of the claim, unless the claim is excluded under the
second paragraph of this Sub-Clause.

In the event that the Contractor and the Employer cannot agree on any
matter relating to a claim, either party may refer the matter to the
Dispute Board pursuant to GCC 45 hereof.

45. Disputes and 45.1 Appointment of the Dispute Board

Arbitration
Disputes shall be referred to a DB for decision in accordance with GCC
Sub-Clause 45.3. The Parties shall appoint a DB by the date stated in
the SCC.

The DB shall comprise, as stated in the SCC, either one or three

suitably qualified persons (“the members”), each of whom shall be
fluent in the language for communication defined in the Contract and
shall be a professional experienced in the type of activities involved in the
performance of the Contract and with the interpretation of contractual
documents. If the number is not so stated and the Parties do not agree
otherwise, the DB shall comprise three persons, one of whom shall
serve as chairman.

If the Parties have not jointly appointed the DB 21 days before the date
stated in the SCC and the DB is to comprise three persons, each Party
shall nominate one member for the approval of the other Party. The first
two members shall recommend and the Parties shall agree upon the
third member, who shall act as chairman.

However, if a list of potential members is included in the SCC, the

members shall be selected from those on the list, other than anyone
who is unable or unwilling to accept appointment to the DB.

The agreement between the Parties and either the sole member or
each of the three members shall incorporate by reference the General
Conditions of Dispute Board Agreement contained in the Appendix to
these General Conditions, with such amendments as are agreed
between them.

The terms of the remuneration of either the sole member or each of the
three members, including the remuneration of any expert whom the DB

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consults, shall be mutually agreed upon by the Parties when agreeing

the terms of appointment of the member or such expert (as the case
may be). Each Party shall be responsible for paying one-half of this
remuneration.

If a member declines to act or is unable to act as a result of death,

disability, resignation or termination of appointment, a replacement
shall be appointed in the same manner as the replaced person was
required to have been nominated or agreed upon, as described in this
Sub-Clause.

The appointment of any member may be terminated by mutual

agreement of both Parties, but not by the Employer or the Contractor
acting alone. Unless otherwise agreed by both Parties, the appointment
of the DB (including each member) shall expire when the Operational
Acceptance Certificate has been issued in accordance with GCC
Clause 25.3.

45.2 Failure to Agree Dispute Board

If any of the following conditions apply, namely:

(a) the Parties fail to agree upon the appointment of the sole
member of the DB by the date stated in the first paragraph of
GCC Sub-Clause 45.1,

(b) either Party fails to nominate a member (for approval by the other
Party) of a DB of three persons by such date,

(c) the Parties fail to agree upon the appointment of the third
member (to act as chairman) of the DB by such date, or

(d) the Parties fail to agree upon the appointment of a replacement

person within 42 days after the date on which the sole member or
one of the three members declines to act or is unable to act as a
result of death, disability, resignation or termination of
appointment,

then the appointing entity or official named in the SCC shall, upon the
request of either or both of the Parties and after due consultation with
both Parties, appoint this member of the DB. This appointment shall be
final and conclusive. Each Party shall be responsible for paying one-
half of the remuneration of the appointing entity or official.

45.3 Obtaining Dispute Board’s Decision

If a dispute (of any kind whatsoever) arises between the Parties in
connection with the performance of the Contract, including any dispute
as to any certificate, determination, instruction, opinion or valuation of
the Project Manager, either Party may refer the dispute in writing to the
DB for its decision, with copies to the other Party and the Project
Manager. Such reference shall state that it is given under this Sub-
Clause.

For a DB of three persons, the DB shall be deemed to have received

such reference on the date when it is received by the chairman of the

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DB.

Both Parties shall promptly make available to the DB all such additional
information, further access to the Site, and appropriate facilities, as the
DB may require for the purposes of making a decision on such dispute.
The DB shall be deemed to be not acting as arbitrator(s).

Within 84 days after receiving such reference, or within such other

period as may be proposed by the DB and approved by both Parties,
the DB shall give its decision, which shall be reasoned and shall state
that it is given under this Sub-Clause. The decision shall be binding on
both Parties, who shall promptly give effect to it unless and until it shall
be revised in an amicable settlement or an arbitral award as described
below. Unless the Contract has already been abandoned, repudiated or
terminated, the Contractor shall continue to proceed with the
performance of the Facilities in accordance with the Contract.

If either Party is dissatisfied with the DB’s decision, then either Party
may, within 28 days after receiving the decision, give notice to the other
Party of its dissatisfaction and intention to commence arbitration. If the
DB fails to give its decision within the period of 84 days (or as
otherwise approved) after receiving such reference, then either Party
may, within 28 days after this period has expired, give notice to the
other Party of its dissatisfaction and intention to commence arbitration.

In either event, this notice of dissatisfaction shall state that it is given

under this Sub-Clause, and shall set out the matter in dispute and the
reason(s) for dissatisfaction. Except as stated in GCC Sub-Clauses
45.6 and 45.7, neither Party shall be entitled to commence arbitration
of a dispute unless a notice of dissatisfaction has been given in
accordance with this Sub-Clause.

If the DB has given its decision as to a matter in dispute to both Parties,

and no notice of dissatisfaction has been given by either Party within
28 days after it received the DB’s decision, then the decision shall
become final and binding upon both Parties.

45.4 Amicable Settlement

Where notice of dissatisfaction has been given under GCC Sub-Clause
45.3 above, both Parties shall attempt to settle the dispute amicably
before the commencement of arbitration. However, unless both Parties
agree otherwise, arbitration may be commenced on or after the fifty-
sixth day after the day on which notice of dissatisfaction and intention
to commence arbitration was given, even if no attempt at amicable
settlement has been made.

45.5 Arbitration
Unless settled amicably, any dispute in respect of which the DB’s
decision (if any) has not become final and binding shall be finally
settled by international arbitration. Unless otherwise agreed by both
Parties:

(a) arbitration proceedings shall be conducted as stated in the

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Special Conditions,

(b) if no arbitration proceedings is so stated, the dispute shall be

finally settled by institutional arbitration under the Rules of
Arbitration of the International Chamber of Commerce,

(c) the dispute shall be settled by three arbitrators, and

(d) the arbitration shall be conducted in the language for

communications defined in GCC Sub-Clause 5.3.

The arbitrator(s) shall have full power to open up, review and revise
any certificate, determination, instruction, opinion or valuation of the
Project Manager, and any decision of the DB, relevant to the dispute.
Nothing shall disqualify the Project Manager from being called as a
witness and giving evidence before the arbitrator(s) on any matter
whatsoever relevant to the dispute.

Neither Party shall be limited in the proceedings before the arbitrator(s)

to the evidence or arguments previously put before the DB to obtain its
decision, or to the reasons for dissatisfaction given in its notice of
dissatisfaction. Any decision of the DB shall be admissible in evidence
in the arbitration.

Arbitration may be commenced prior to or after completion of the

Works. The obligations of the Parties, the Project Manager and the DB
shall not be altered by reason of any arbitration being conducted during
the progress of the Works.

45.6 Failure to Comply with Dispute Board’s Decision

In the event that a Party fails to comply with a DB decision which has
become final and binding, then the other Party may, without prejudice
to any other rights it may have, refer the failure itself to arbitration
under GCC Sub-Clause 45.5. GCC Sub-Clauses 45.3 and 45.4 shall
not apply to this reference.

45.7 Expiry of Dispute Board’s Appointment

If a dispute arises between the Parties in connection with the
performance of the Contract, and there is no DB in place, whether by
reason of the expiry of the DB’s appointment or otherwise:

(a) GCC Sub-Clauses 45.3 and 45.4 shall not apply, and

(b) the dispute may be referred directly to arbitration under GCC Sub-
Clause 45.5

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APPENDIX A

General Conditions of Dispute Board Agreement

1 Definitions

Each “Dispute Board Agreement” is a tripartite agreement by and between:

(a) the “Employer”;

(b) the “Contractor”; and

(c) the “Member” who is defined in the Dispute Board Agreement as being:

(i) the sole member of the "DB" and, where this is the case, all references to the “Other
Members” do not apply, or

(ii) one of the three persons who are jointly called the “DB” (or “dispute board”) and, where
this is the case, the other two persons are called the “Other Members”.

The Employer and the Contractor have entered (or intend to enter) into a contract, which is called the
"Contract" and is defined in the Dispute Board Agreement, which incorporates this Appendix. In the
Dispute Board Agreement, words and expressions which are not otherwise defined shall have the
meanings assigned to them in the Contract.

2 General Provisions

Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the
following dates:

(a) the Commencement Date defined in the Contract,

(b) when the Employer, the Contractor and the Member have each signed the Dispute Board
Agreement, or

(c) when the Employer, the Contractor and each of the Other Members (if any) have respectively
each signed a dispute board agreement.

This employment of the Member is a personal appointment. At any time, the Member may give not
less than 70 days’ notice of resignation to the Employer and to the Contractor, and the Dispute Board
Agreement shall terminate upon the expiry of this period.

3 Warranties

The Member warrants and agrees that he/she is and shall be impartial and independent of the
Employer, the Contractor and the Project Manager. The Member shall promptly disclose, to each of
them and to the Other Members (if any), any fact or circumstance which might appear inconsistent
with his/her warranty and agreement of impartiality and independence.

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When appointing the Member, the Employer and the Contractor relied upon the Member’s
representations that he/she is:

(a) experienced in the work which the Contractor is to carry out under the Contract,

(b) experienced in the interpretation of contract documentation, and

(c) fluent in the language for communications defined in the Contract.

4 General Obligations of the Member

The Member shall:

(a) have no interest financial or otherwise in the Employer, the Contractor or the Project Manager,
nor any financial interest in the Contract except for payment under the Dispute Board
Agreement;

(b) not previously have been employed as a consultant or otherwise by the Employer, the
Contractor or the Project Manager, except in such circumstances as were disclosed in writing to
the Employer and the Contractor before they signed the Dispute Board Agreement;

(c) have disclosed in writing to the Employer, the Contractor and the Other Members (if any),
before entering into the Dispute Board Agreement and to his/her best knowledge and
recollection, any professional or personal relationships with any director, officer or employee of
the Employer, the Contractor or the Project Manager, and any previous involvement in the
overall project of which the Contract forms part;

(d) not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise
by the Employer, the Contractor or the Project Manager, except as may be agreed in writing by
the Employer, the Contractor and the Other Members (if any);

(e) comply with the annexed procedural rules and with GCC Sub-Clause 45.3;

(f) not give advice to the Employer, the Contractor, the Employer’s Personnel or the Contractor’s
Personnel concerning the conduct of the Contract, other than in accordance with the annexed
procedural rules;

(g) not while a Member enter into discussions or make any agreement with the Employer, the
Contractor or the Project Manager regarding employment by any of them, whether as a
consultant or otherwise, after ceasing to act under the Dispute Board Agreement;

(h) ensure his/her availability for all site visits and hearings as are necessary;

(i) become conversant with the Contract and with the progress of the Facilities (and of any other
parts of the project of which the Contract forms part) by studying all documents received which
shall be maintained in a current working file;

(j) treat the details of the Contract and all the DB’s activities and hearings as private and
confidential, and not publish or disclose them without the prior written consent of the Employer,
the Contractor and the Other Members (if any); and

(k) be available to give advice and opinions, on any matter relevant to the Contract when
requested by both the Employer and the Contractor, subject to the agreement of the Other
Members (if any).

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5 General Obligations of the Employer and the Contractor

The Employer, the Contractor, the Employer’s Personnel and the Contractor’s Personnel shall not
request advice from or consultation with the Member regarding the Contract, otherwise than in the
normal course of the DB’s activities under the Contract and the Dispute Board Agreement. The
Employer and the Contractor shall be responsible for compliance with this provision, by the
Employer’s Personnel and the Contractor’s Personnel respectively.

The Employer and the Contractor undertake to each other and to the Member that the Member shall
not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the
Other Members (if any):

(a) be appointed as an arbitrator in any arbitration under the Contract;

(b) be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed
for any arbitration under the Contract; or

(c) be liable for any claims for anything done or omitted in the discharge or purported discharge of
the Member’s functions, unless the act or omission is shown to have been in bad faith.

The Employer and the Contractor hereby jointly and severally indemnify and hold the Member
harmless against and from claims from which he is relieved from liability under the preceding
paragraph.

Whenever the Employer or the Contractor refers a dispute to the DB under GCC Sub-Clause 45.3,
which will require the Member to make a site visit and attend a hearing, the Employer or the
Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be
incurred by the Member. No account shall be taken of any other payments due or paid to the
Member.

6 Payment

The Member shall be paid as follows, in the currency named in the Dispute Board Agreement:

(a) a retainer fee per calendar month, which shall be considered as payment in full for:

(i) being available on 28 days’ notice for all site visits and hearings;

(ii) becoming and remaining conversant with all project developments and maintaining
relevant files;

(iii) all office and overhead expenses including secretarial services, photocopying and office
supplies incurred in connection with his duties; and

(iv) all services performed hereunder except those referred to in sub-paragraphs (b) and (c)
of this Clause.

The retainer fee shall be paid with effect from the last day of the calendar month in which the
Dispute Board Agreement becomes effective; until the last day of the calendar month in which
the Taking-Over Certificate is issued for the whole of the Works.

With effect from the first day of the calendar month following the month in which Taking-Over
Certificate is issued for the whole of the Works, the retainer fee shall be reduced by one third
This reduced fee shall be paid until the first day of the calendar month in which the Member
resigns or the Dispute Board Agreement is otherwise terminated.

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(b) a daily fee which shall be considered as payment in full for:

(i) each day or part of a day up to a maximum of two days’ travel time in each direction for
the journey between the Member’s home and the site, or another location of a meeting
with the Other Members (if any);

(ii) each working day on site visits, hearings or preparing decisions; and

(iii) each day spent reading submissions in preparation for a hearing.

(c) all reasonable expenses including necessary travel expenses (air fare in less than first class,
hotel and subsistence and other direct travel expenses) incurred in connection with the
Member’s duties, as well as the cost of telephone calls, courier charges, faxes and telexes: a
receipt shall be required for each item in excess of five percent of the daily fee referred to in
sub-paragraph (b) of this Clause;

(d) any taxes properly levied in the Country on payments made to the Member (unless a national
or permanent resident of the Country) under this Clause 6.

The retainer and daily fees shall be as specified in the Dispute Board Agreement. Unless it
specifies otherwise, these fees shall remain fixed for the first 24 calendar months, and shall
thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at
each anniversary of the date on which the Dispute Board Agreement became effective.

If the parties fail to agree on the retainer fee or the daily fee the appointing entity or official
named in the SCC shall determine the amount of the fees to be used.

The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in
advance. Invoices for other expenses and for daily fees shall be submitted following the
conclusion of a site visit or hearing. All invoices shall be accompanied by a brief description of
activities performed during the relevant period and shall be addressed to the Contractor.

The Contractor shall pay each of the Member’s invoices in full within 56 calendar days after
receiving each invoice and shall apply to the Employer (in the Statements under the Contract)
for reimbursement of one-half of the amounts of these invoices. The Employer shall then pay
the Contractor in accordance with the Contract.

If the Contractor fails to pay to the Member the amount to which he/she is entitled under the
Dispute Board Agreement, the Employer shall pay the amount due to the Member and any
other amount which may be required to maintain the operation of the DB; and without prejudice
to the Employer’s rights or remedies. In addition to all other rights arising from this default, the
Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these
payments, plus all costs of recovering these sums and financing charges calculated at the rate
specified in accordance with GCC Sub-Clause 12.3.

If the Member does not receive payment of the amount due within 70 days after submitting a
valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is
received, and/or (ii) resign his/her appointment by giving notice under Clause 7.

7 Termination

At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board Agreement
by giving 42 days’ notice to the Member; or (ii) the Member may resign as provided for in Clause 2.

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If the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor
may, without prejudice to their other rights, terminate it by notice to the Member. The notice shall take
effect when received by the Member.

If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may,
without prejudice to his other rights, terminate it by notice to the Employer and the Contractor. The
notice shall take effect when received by them both.

Any such notice, resignation and termination shall be final and binding on the Employer, the
Contractor and the Member. However, a notice by the Employer or the Contractor, but not by both,
shall be of no effect.

8 Default of the Member

If the Member fails to comply with any of his obligations under Clause 4 concerning his impartiality or
independence in relation to the Employer or the Contractor, he/she shall not be entitled to any fees or
expenses hereunder and shall, without prejudice to their other rights, reimburse each of the Employer
and the Contractor for any fees and expenses received by the Member and the Other Members (if
any), for proceedings or decisions (if any) of the DB which are rendered void or ineffective by the said
failure to comply.

9 Disputes

Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the breach,
termination or invalidity thereof, shall be finally settled by institutional arbitration. If no other arbitration
institute is agreed, the arbitration shall be conducted under the Rules of Arbitration of the International
Chamber of Commerce by one arbitrator appointed in accordance with these Rules of Arbitration.

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Annex - DISPUTE BOARD GUIDELINES

1. Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the site at
intervals of not more than 140 days, including times of critical construction events, at the
request of either the Employer or the Contractor. Unless otherwise agreed by the Employer, the
Contractor and the DB, the period between consecutive visits shall not be less than 70 days,
except as required to convene a hearing as described below.

2. The timing of and agenda for each site visit shall be as agreed jointly by the DB, the Employer
and the Contractor, or in the absence of agreement, shall be decided by the DB. The purpose
of site visits is to enable the DB to become and remain acquainted with the progress of the
Works and of any actual or potential problems or claims, and, as far as reasonable, to prevent
potential problems or claims from becoming disputes.

3. Site visits shall be attended by the Employer, the Contractor and the Project Manager and shall
be co-ordinated by the Employer in co-operation with the Contractor. The Employer shall
ensure the provision of appropriate conference facilities and secretarial and copying services.
At the conclusion of each site visit and before leaving the site, the DB shall prepare a report on
its activities during the visit and shall send copies to the Employer and the Contractor.

4. The Employer and the Contractor shall furnish to the DB one copy of all documents which the
DB may request, including Contract documents, progress reports, variation instructions,
certificates and other documents pertinent to the performance of the Contract. All
communications between the DB and the Employer or the Contractor shall be copied to the
other Party. If the DB comprises three persons, the Employer and the Contractor shall send
copies of these requested documents and these communications to each of these persons.

5. If any dispute is referred to the DB in accordance with GCC Sub-Clause 45.3, the DB shall
proceed in accordance with GCC Sub-Clause 45.3 and these Guidelines. Subject to the time
allowed to give notice of a decision and other relevant factors, the DB shall:

(a) act fairly and impartially as between the Employer and the Contractor, giving each of
them a reasonable opportunity of putting his case and responding to the other’s case,
and

(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.

6. The DB may conduct a hearing on the dispute, in which event it will decide on the date and
place for the hearing and may request that written documentation and arguments from the
Employer and the Contractor be presented to it prior to or at the hearing.

7. Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall have
power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at
hearings to any persons other than representatives of the Employer, the Contractor and the
Project Manager, and to proceed in the absence of any party who the DB is satisfied received
notice of the hearing; but shall have discretion to decide whether and to what extent this power
may be exercised.

8. The Employer and the Contractor empower the DB, among other things, to:

(a) establish the procedure to be applied in deciding a dispute,

(b) decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred to it,

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(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other
than those contained in the Contract and these Guidelines,

(d) take the initiative in ascertaining the facts and matters required for a decision,

(e) make use of its own specialist knowledge, if any,

(f) decide upon the payment of financing charges in accordance with the Contract,

(g) decide upon any provisional relief such as interim or conservatory measures,

(h) open up, review and revise any certificate, decision, determination, instruction, opinion or
valuation of the Project Manager, relevant to the dispute, and

(i) appoint, should the DB so consider necessary and the Parties agree, a suitable expert at
the cost of the Parties to give advice on a specific matter relevant to the dispute.

9. The DB shall not express any opinions during any hearing concerning the merits of any
arguments advanced by the Parties. Thereafter, the DB shall make and give its decision in
accordance with GCC Sub-Clause 45.3, or as otherwise agreed by the Employer and the
Contractor in writing. If the DB comprises three persons:

(a) it shall convene in private after a hearing, in order to have discussions and prepare its
decision;

(b) it shall endeavour to reach a unanimous decision: if this proves impossible the applicable
decision shall be made by a majority of the Members, who may require the minority
Member to prepare a written report for submission to the Employer and the Contractor;
and

(c) if a Member fails to attend a meeting or hearing, or to fulfil any required function, the
other two Members may nevertheless proceed to make a decision, unless:

(i) either the Employer or the Contractor does not agree that they do so, or

(ii) the absent Member is the chairman and he/she instructs the other Members to not
make a decision.

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Section 8 - Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall
prevail over those in the GCC.

S.No. GCC Amendment / Supplement to GCC.

Clause No.
1 GCC 1 Definitions

The Employer is:

Rajasthan Rajya Vidyut Prasaran Nigam Limited

The Project Manager is:

Superintending Engineer (Contract-II),
Rajasthan Rajya Vidyut Prasaran Nigam Limited.

The Bank is:

KfW Development Bank

Country of Origin: Eligible country as per section 5

2 GCC 2 Addition of following New Sub Clauses after GCC 2.1

GCC 2.2 The Contracts to be entered into with the successful Bidder
shall be as under:

• Single Contract: For CIP/ Ex-Works supply of all

equipments and materials (whether in India or abroad)
including mandatory spares and Type Test to be conducted
(whether in India or abroad) (Supply Portion). And for
providing all services i.e. port handling and custom
clearance of imported goods and loading, inland
transportation for delivery at site, insurance, unloading,
storage, handling at site, installation, Testing and
Commissioning including operational / performance testing
in respect of all the equipments supplied under the "First
Contract", Training to be imparted (whether in India or
abroad) and any other services specified in the Contract
Documents (Services Portion).

GCC 2.3 The Contract will be signed in two originals and the
Contractor shall retain one signed original and the other will
be retained by the Employer.

GCC 2.4 The Contractor shall provide free of cost to the Employer all
the engineering data, drawing and descriptive materials
submitted with the bid, in at least two (2) copies to form a
part of the Contract immediately after Notification of Award.

GCC 2.5 Subsequent to signing of the Contract, the Contractor at his

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own cost shall provide the Employer with at least Ten (10)
true copies of Contract Agreement within fifteen (15) days
after signing of the Contract.

3 GCC 5 The Clauses supplement / read with following :

GCC 5.1 The Contract shall be interpreted in accordance with the laws
of: India

GCC 5.2 The ruling language is: English

GCC 5.3 The language for communications is: English

4 GCC 7 The Clauses supplement / read with following :

GCC 7.3 The contractor agrees to supply spares parts for a period of 5
years (both mandatory and recommended after completion
and commissioning and commercial operation of the project.
(As per schedule No.1 & 2).

5 GCC 8 The Clauses supplement / read with following :

GCC 8.1 The Contractor shall commence work on the Facilities within
Seven (7) days from the Effective Date for determining Time
for Completion as specified in the Contract Agreement.

GCC 8.2 The Time for Completion of the whole of the Facilities shall
be Three Hundred and Sixty Days (360 days) from the
Effective Date as described in the Contract Agreement.
6 GCC 11 The Clauses supplement / read with following :

GCC 11.2 The Contract Price shall be variable wherever applicable.

7 GCC 13 The Clauses supplement / read with following :

GCC 13.2.1 Add at the end of the paragraph, the advance will be
recovered @ 15% from each bill/ invoice.

GCC 13.3.1 The amount of performance security, as a percentage of

the Contract Price for the Facility or for the part of the
Facility for which a separate Time for Completion is
provided, shall be Ten percent (10%) of the contract price.

GCC 13.3.2 The performance security shall be in the form of the Bank
Guarantee, as per form included in Section 6 (Employer’s
Requirements, Bank Guarantees and Certificates) which
shall be issued by a reputable bank in India or abroad,
acceptable to the Purchaser. In case the bank issuing the
bank guarantee is located outside India, it shall have a
correspondent bank located in India to make it enforceable.

GCC 13.3.3 The performance security shall not be reduced on the date
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
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of operational acceptance and shall be of value specified in

13.3.1 of SCC.

The Security shall become null and void, or shall be

reduced pro rata to the Contract Price of a part of the
Facilities for which a separate Time for Completion is
provided, five hundred and forty (540) days after
Completion of the Facilities or three hundred and sixty five
(365) days after Operational Acceptance of the Facilities,
whichever occurs first; provided, however, that if the
Defects Liability Period has been extended on any part of
the Facilities pursuant to GCC Sub-Clause 27.8 hereof, the
Contractor shall issue an additional security in an amount
proportionate to the Contract Price of that part. The security
shall be returned to the Contractor immediately after its
expiration, provided, however, that if the Contractor,
pursuant to GCC Sub-Clause 27.10, is liable for an
extended defect liability obligation, the performance
security shall be extended for the period and up to the
amount specified in the SCC.

Further, the Bank Guarantee towards Performance security

of both contracts (for Supply order and Services order) will
be invoked / operated in case of Handholding not provided
as per Employer’s requirement.

8 GCC 14 Insert the following clauses :

GCC 14.5 Not withstanding anything contained above in case

contractor for reasons attributable to him fails to achieve
completion of facilities within scheduled completion period,
Employer shall not be liable to compensate for any rates of
tax increased, a new tax is introduced, or any change in
interpretation or application of any tax occurs. Whereas
taxes at actual applicable rate shall be paid in case of
decrease in tax rates or an existing tax is abolished, in
case contractor fails to achieve completion of facilities
within scheduled completion period.

9 GCC 18 GCC 18.3 Add the following sub-paragraph to sub-clause 18.3 of the
GCC.

(c) Monitoring of the obligations in Sub-Clauses 21.1, 22.1.1,

22.2.3(d), 22.2.7(d), 22.2.15, 22.2.16 and 46.

10 GCC 22 Add the following

GCC 22.2.1 Bench Mark

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(a) The Contractor shall obtain necessary vendor,

drawing, Guaranteed technical particulars and
Type test approvals as per specification and IS for
equipments/materials.
(b) All manufacturing, fabrication and installation
work under the scope of contractor, prior to
approval of the drawings shall be at the
Contractor’s risk. The work shall be carried out
based on approved design and other details given
in technical specification (Volume-II).
Deviations, if any, from the approved/specified
conditions shall be brought to the notice of
Project Manager before taking up the work. The
rectification work if any may be taken up by the
contractor only on receipt of permission from the
employer.
(c) If at a later date, it is found that the works
carried out by the Contractor are not according to
the approved design, drawing & specifications
and are without specific approval, the entire
payments made to the Contractor for carrying out
such works shall be withheld from subsequent
bills and the Contractor will have to rectify the
same without extension of time.

GCC 22.2 Labor

Compliance with Labour Regulations: During

continuance of the contract, the Contractor and
his sub-contractors shall abide at all times by all
applicable existing labour enactments and rules
made thereunder, regulations notifications and
byelaws of the State or Central Government or
local authority and any other labour law
(including rules), regulations bye laws that may
be passed or notification that may be issued
under any labour law in future either by the
State or the Central Government or the local
authority.

GCC 22.2.1 Engagement of Staff and Labor

If the Contractor propose to use contract labour for

carrying out various installation activities, necessary
permission as per Contract Labour (Regulation &
Abolition) Act 1970, Article 12 D (1) may please be
obtained from Labour, Commissioner, and submitted
to the Order Placing Authority.
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Payment to daily wages workers shall be made by

the contractor in accordance with minimum wages
prescribed by the State Govt. in presence of
Employer’s representative not below the rank of an
Assistant Engineer and ensure EPF deduction
according to the EPF Act, 1952 with latest
amendments. Every employee shall have to be
enrolled for the membership of Employees Provident
Fund from the date of his joining i.e. deductions
towards E.P.F. are to be effected from the 1st day of
employment. The contractor shall have to maintain
paid muster roll and obtain a certificate from the
Employer regarding payment of minimum wages and
EPF deductions made in his presence. The paid
muster roll shall be produced for inspection of Govt.
Inspector or Employer’s Officer as and when called for.
In case the contractor fails to make payment of wages
or remittance of EPF contribution in accordance with
provision of Law, Employer shall be liable to make
payment of unpaid amount of wages to labour
employed by contractor and to EPF Authorities and
recover amount so paid from contractor from thier
next unpaid bill under any contract.
It may explicitly be noted by the Contractor that any
cost to be incurred by the employer due to default in
compliance of minimum wage, EPF act provisions or
any other act related to wages, the same shall be
recovered from Contractor.

(a) Except as otherwise stated in the Specification, the

Contractor shall make arrangements for the engagement of
all staff and labor, local or otherwise, and for their payment,
housing, feeding and transport.

(b) The Contractor shall provide and employ on the Site in the
installation of the Facilities such skilled, semi-skilled and
unskilled labor as is necessary for the proper and timely
execution of the Contract. The Contractor is encouraged to
use local labor that has the necessary skills.

(c) The Contractor shall be responsible for obtaining all

necessary permit(s) and/or visa(s) from the appropriate
authorities for the entry of all labor and personnel to be
employed on the Site into the country where the Site is
located. The Employer will, if requested by the Contractor,
use his best endeavors in a timely and expeditious manner
to assist the Contractor in obtaining any local, state, national
or government permission required for bringing in the
Contractor’s personnel.

(d) The Contractor shall at its own expense provide the means
of repatriation to all of its and its Subcontractor’s personnel
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employed on the Contract at the Site to the place where

they were recruited or to their domicile. It shall also provide
suitable temporary maintenance of all such persons from
the cessation of their employment on the Contract to the
date programmed for their departure. In the event that the
Contractor defaults in providing such means of
transportation and temporary maintenance, the Employer
may provide the same to such personnel and recover the
cost of doing so from the Contractor.

(e) Throughout the execution of the Works, and as long

thereafter as is necessary to fulfil the Contractor’s
obligations, the Contractor shall provide all necessary
superintendence to plan, arrange, direct, manage, inspect
and test the work. Superintendence shall be given by a
sufficient number of persons having adequate Conditions
of Contract for Construction MDB Harmonised Ed. June
2010 - General Conditions.
For participating development bank financed contract use
only. No reproduction of this document is permitted.
knowledge of the language for communications (defined in
Sub-Clause 1.4 [Law and Language]) and of the operations
to be carried out (including the methods and techniques
required, the hazards likely to be encountered and methods
of preventing accidents), for the satisfactory and safe
execution of the Works.

(f) The Contractor’s Personnel shall be appropriately qualified,

skilled and experienced intheir respective trades or
occupations. The Employer may require the Contractor
toremove (or cause to be removed) any person employed
on the Site or Works,including the Contractor’s
Representative if applicable, who:
• persists in any misconduct or lack of care,
• carries out duties incompetently or negligently,
• fails to conform with any provisions of the Contract, or
• persists in any conduct which is prejudicial to safety,
health, or the protection of the environment.

If appropriate, the Contractor shall then appoint (or cause

to be appointed) a suitable replacement person.

(g) The Contractor shall submit, to the Employer, details showing the
number of each class of Contractor’s Personnel and of each type
of Contractor’s Equipment on the Site. Details shall be submitted
each calendar month, in a form approved by the Employer, until
the Contractor has completed all work which is known to be
outstanding at the completion date stated in the Taking-Over
Certificate for the Works.

(h) The Contractor may bring in to the Country any foreign personnel
who are necessary for the execution of the Works to the extent
allowed by the applicable Laws. The Contractor shall ensure that
these personnel are provided with the required residence visas
and work permits. The Employer will, if requested by the
Contractor, use his best endeavors in a timely and expeditious
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manner to assist the Contractor in obtaining any local, state,

national, or government permission required for bringing in the
Contractor’s personnel.

The Contractor shall be responsible for the return of these

personnel to the place where they were recruited or to their
domicile. In the event of the death in the Country of any of these
personnel or members of their families, the Contractor shall
similarly be responsible for making the appropriate arrangements
for their return or burial.

GCC 22.2.3.1 (a) The Contractor shall comply with all the relevant labor
Laws applicable to the Contractor’s Personnel, including Laws
relating to their employment, health, safety, welfare,
immigration and emigration, and shall allow them all their legal
rights. The Contractor shall require his employees to
obey all applicable Laws, including those
concerning safety at work.

GCC 22.2.3.1 (c) The Contractor shall, in all dealings with its labor and the
labor of its Subcontractors currently employed on or
connected with the Contract, pay due regard to all
recognized festivals, official holidays, religious or other
customs and all local laws and regulations pertaining to the
employment of labor as well as preserve peace and
protection of persons and property on and near
the Site

GCC 22.2.3.1 (d) The contractor shall not make employment decisions
based upon personal characteristics unrelated to job
requirements. The Contractor shall base the
employment relationship upon equal opportunity and
fair treatment, and shall not discriminate with respect
to aspects of the employment relationship, including
recruitment and hiring, compensation (including
wages and benefits), working conditions and terms of
employment of retirement, and discipline

The Contractor shall provide equal wages and

benefits to men and women for work of equal value or
type.

GCC 22.2.3.2 The Contractor shall keep the Employer

indemnified in case any action is taken against
the Employer by the competent authority on
account of contravention of any of the
provisions of any Act or rules made there under,
regulations or notifications including
amendments

GCC 22.2.3.3
If the Employer is caused to pay under any law
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as principal employer such amounts as may be

necessary to cause or observe, or for non
observance of the provisions stipulated in the
notifications/ byelaws/Acts/ Rules/regulations
including amendments, if any, on the part of the
Contractor, the Employer shall have the right to
deduct any money due to the Contractor under
this contract or any other contract with the
employer including his amount of performance
security for adjusting the aforesaid payment.
The Employer shall also have right to recover
from the Contractor any sum required or
estimated to be required for making good the
loss or damage suffered by the Employer.

Salient features of some major laws applicable

to establishments engaged in building and other
construction works:

a) Workmen Compensation Act 1923: The Act

provides for compensation in case of injury by
accident arising out of and during the course of
employment.

b) Payment of Gratuity Act 1972: Gratuity is

payable to an employee under the Act on
satisfaction of certain conditions on separation
if an employee has completed 5 years service or
more or on death at the rate of 15 days wages
for every completed year of service. The Act is
applicable to all establishments employing 10 or
more employees.

c) Employee P.F. and Miscellaneous Provision Act

1952: The Act provides for monthly contribution
by the employer plus workers @10% or 8.33%.
The benefits under the Act are:

a. Pension or family pension on retirement or

death, as the case may be.
b. Deposit linked insurance on death in harness of
the worker.
c. Payment of P.F. accumulation on
retirement/death etc.

d) Maternity Benefit Act 1951: The Act provides for

leave and some other benefits to women
employees in case of confinement or miscarriage
etc.
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e) Contract Labour (Regulation & Abolition) Act

1970: The Act provides for certain welfare
measures to be provided by the Contractor to
contract labour and in case the Contractor fails
to provide, the same are required to be provided,
by the Principal Employer by law. The Principal
Employer is required to take Certification of
Registration and the Contractor is required to
take Licence from the designated Officer. The
Act is applicable to the establishments or
Contractor of Principal Employer if they employ
20 or more labour contract labour.

f) Minimum Wages Act 1948: The Employer is

supposed to pay not less than the Minimum
Wages fixed by appropriate Government as per
provision of the Act if the employment is a
scheduled employment. Construction of
Buildings, Roads, Runways are scheduled
employments.

g) Payment of Wages Act 1936: It lays down as to

by what date the wages are to be paid, when it
will be paid and what deductions can be made
from the wages of the workers.

h) Equal Remuneration Act 1979: The Act provides

for payment of equal wages for work of equal
nature to Male and Female workers and for not
making discrimination against Female
employees in the matters of transfers, training
and promotions etc.

i) Payment of Bonus Act 1965: The Act is

applicable to all establishments employing 20
or more employees. The Act provides for
payments of annual bonus subject to a
minimum of 8.33% of wages and maximum of
20% of wages to employees drawing Rs. 3500/-
per month or less. The bonus is to be paid to
employees getting Rs. 2500/- per month or
above upto Rs. 3500/- per month shall be
worked out by taking wages as Rs. 2500/- per
month only. The Act does not apply to certain
establishments. The newly set-up
establishments are exempted for five years in
certain circumstances. Some of the State
Governments have reduced the employment size
from 20 to 10 for the purpose of applicability of
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this Act.

j) Industrial Dispute Act 1947: the Act lays down

the machinery the procedure for resolution of
Industrial disputes, in what situations a strike
or lock-out becomes illegal and what are the
requirements for laying off or retrenching the
employees or closing down the establishment.

k) Industrial Employment (Standing Orders) Act

1946: It is applicable to all establishments
employing 100 or more workmen (employment
size reduced by some of the States and Central
Government to 50). The Act provides for laying
down rules governing the conditions of
employment by the Employer on matters
provided in the Act and get the same certified by
the designated Authority.

l) Trade Unions Act 1926: The Act lays down the

procedure for registration of trade unions of
workmen and employers. The Trade Unions
registered under the Act have been given certain
immunities from civil and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act

1986: The Act prohibits employment of children
below 14 years of age in certain occupations
and processes and provides for regulation of
employment of children in all other occupations
and processes. Employment of Child Labour is
prohibited in Building and Construction
Industry.

n) Inter-State Migrant workmen’s (Regulation of

Employment & Conditions of Service Act 1979:
The Act is applicable to an establishment which
employs 5 or more inter-state migrant workmen
through an intermediary (who has recruited
workmen in one state for employment in the
establishment situated in another state). The
Inter-State migrant workmen, in an
establishment to which this Act becomes
applicable, are required to be provided certain
facilities such as housing, medical aid, traveling
expenses from home upto the establishment
and back, etc.

o) The Building and Other Construction workers

(Regulation of Employment and Conditions of
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Service) Act 1996 and the Cess Act of 1996 :

The Contractor shall comply with “ The Building
and other Construction workers ( Regulation of
Employment and conditions of Service )
ACT,1996. All the establishments who carry on
any building or other construction work and
employ 10 or more workers are covered under
this Act. All such establishments are required to
pay cess at the rate not exceeding 2% of the cost
of construction as may be modified by the
Government. The Employer of the establishment
is required to provide safety measures at the
Building or construction work and other welfare
measures, such as Canteens, First-Aid facilities,
Ambulance, Housing accommodations for
workers near the work place etc. The Employer
to whom the Act applies has to obtain a
registration certificate from the Registering
Officer appointed by the government.

Factories Act 1948: The Act lays down the

procedure for approval at plans before setting
up a factory, health and safety provisions,
welfare provisions, working hours, annual
earned leave and rendering information
regarding accidents or dangerous occurrences
to designated authorities. It is applicable to
premises employing 10 persons or more with aid
of power or 20 or more persons without the aid
of power engaged in manufacturing process

GCC 22.2.5

Working Hours
Normal working hours shall be as per governing
Act of Employer’s country.

GCC 22.2.6 (c)

During construction, temporary camp
facilities to house the workers shall be in
accordance with the national local standards,
and the best practice including the
guidelines for worker's accommodation
(Reference Document: "Workers'
Accommodation: Processes and Standards"
issued by IFC/EBRD 2009" ); these include
provision of safe housing, availability of
electricity, plumbing, water and sanitation,
adequate fire protection and dormitory/room
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facilities.
GCC 22.2.7 (c)
The Contractor shall send, to the Project Manager,
details of any accident as soon as practicable after
its occurrence. The Contractor shall maintain
records and make reports concerning health, safety
and welfare of persons, and damage to property, as
the Project Manager may reasonably require. The
Contractor shall send, to the Project
Manager, details of any accident and
incidents as soon as practicable after its
occurrence. T the contractor(s) shall
promptly within 3 working days after
the occurrence of any of the events set
out in this Sub-clause, supply to
Employer (i) details of any incident of
an environmental nature (including
without limitation any explosion, spill
or workplace accident which results in
death, serious or multiple injuries or
material environmental contamination)
or any incident of a social nature
(including without limitation any
violent labour unrest or dispute with
local communities), occurring on or
nearby any site, plant, equipment or
facility of the project which has or is
reasonably likely to have a material
negative impact on the environment,
the health, safety and security
situation, or the social and cultural
context, together with, in each case, a
specification of the nature of the
incident or accident and the on-site and
off-site effects of such events and (ii)
details of any action the contractor(s)
proposes to take in order to remedy the
effects of these events, and shall keep
RVPN informed about any progress in
respect of such remedial action

GCC 22.2.7 (d)

The Contractor shall throughout the contract

(including the Defect Liability Period):
(i) conduct Information, Education and
Consultation Communication (IEC) campaigns,
at least every other month, addressed to all the
Site staff and labor (including all the
Contractor's employees, all Sub-Contractors
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and Employer’s and Project Manager’s'

employees, and all truck drivers and crew
making deliveries to Site for construction
activities) and to the immediate local
communities, concerning the risks, dangers and
impact, and appropriate avoidance behavior
with respect to of Sexually Transmitted Diseases
(STD)—or Sexually Transmitted Infections (STI)
in general and HIV/AIDS in particular;
(ii) provide male or female condoms for all Site staff
and labor as appropriate; and
(iii) provide for STI and HIV/AIDS screening,
diagnosis, counseling and referral to a dedicated
national STI and HIV/AIDS program, (unless
otherwise agreed) of all Site staff and labor.

The Contractor shall include in the program

to be submitted for the execution of the
Facilities under Sub-Clause 18.2 an
alleviation program for Site staff and labor
and their families in respect of Sexually
Transmitted Infections (STI) and Sexually
Transmitted Diseases (STD) including
HIV/AIDS. The STI, STD and HIV/AIDS
alleviation program shall indicate when, how
and at what cost the Contractor plans to
satisfy the requirements of this Sub-Clause
and the related specification. For each
component, the program shall detail the
resources to be provided or utilized and any
related sub-contracting proposed. The
program shall also include provision of a
detailed cost estimate with supporting
documentation. Payment to the Contractor
for preparation and implementation this
program shall not exceed the Provisional
Sum dedicated for this purpose.

GCC 22.2.7 (e)

The Contractor shall submit the procedures

& programme on regular basis for
Environmental Monitoring during
construction activity and execution of work;

(i) Air quality: All precautionary steps will be

taken to minimize air pollution
(ii) Surface Ground Water: All construction
activities will be strictly monitored to avoid
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contamination of water due to oil spill,

disposal of solid wastes, spoils, construction
material and waste water.
(iii) Noise/ Ground Vibration: This attribute will
be monitored to minimize the noise emission
due to construction activities and ground
vibration due to blasting and compacting
activities.

Employer shall check all these measures

for Environmental Monitoring and submit
the report and monitoring results to KfW on
Half Yearly basis.

GCC 22.2.16

Prohibition of Harmful Child Labor

The Contractor shall not employ any child to perform any work
that is economically exploitative, or is likely to be hazardous to,
or to interfere with, the child's education, or to be harmful to the
child's health or physical, mental, spiritual, moral, or social
development where the relevant labour laws of the
Country have provisions for employment of minors,
the Contractor shall follow those laws applicable to
the Contractor. Children below the age of 18 years
shall not be employed in dangerous work.“Child”
means a child below the statutory minimum age specified
under applicable national, provisional or local law of India.

Addition of New Clause

GCC 22.4.1
Protection of Environment

The Contractor shall take all reasonable steps to

protect the environment on and off the Site and to
avoid damage or nuisance to persons or to property
of the public or others resulting from pollution,
noise or other causes arising as consequence of his
methods of operation.

During continuance of the Contract, the Contractor

and his Sub-contractors shall abide at all times by
all existing enactments on environmental protection
and rules made there under, regulations,
notifications and bye-laws of the State or Central
Government, or local authorities and any other law,
bye-law, regulations that may be passed or
notification that may be issued in this respect in
future by the State or Central Government or the
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local authority.

Salient features of some of the major laws that are

applicable are given below:

The Water (Prevention and Control of Pollution) Act,

1974, This provides for the prevention and control
of water pollution and the maintaining and restoring
of wholesomeness of water. ‘Pollution’ means such
contamination of water or such alteration of the
physical, chemical or biological properties of water
or such discharge of any sewage or trade effluent or
of any other liquid, gaseous or solid substance into
water (whether directly or indirectly) as may, or is
likely to, create a nuisance or render such water
harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or
other legitimate uses, or to the life and health of
animals or plants or of aquatic organisms.

The Air (Prevention and Control of Pollution) Act,

1981, This provides for prevention, control and
abatement of air pollution. ‘Air Pollution’ means the
presence in the atmosphere of any ‘air pollutant’,
which means any solid, liquid or gaseous substance
(including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to
human beings or other living creatures or plants or
property or environment.

The Environment (Protection) Act, 1986, This

provides for the protection and improvement of
environment and for matters connected therewith,
and the prevention of hazards to human beings,
other living creatures, plants and property.
‘Environment’ includes water, air and land and the
inter-relationship which exists among and between
water, air and land, and human beings, other living
creatures, plants, micro-organism and property.

The Public Liability Insurance Act, 1991, This

provides for public liability insurance for the
purpose of providing immediate relief to the persons
affected by accident occurring while handling
hazardous substances and for matters connected
herewith or incidental thereto. Hazardous
substance means any substance or preparation
which is defined as hazardous substance under
Environment (Protection) Act, 1986, and exceeding
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such quantity as may be specified by notification by

the Central Government

GCC 22.4.2

(i) The Contractor shall (a) establish an operational

system of managing environmental impacts, (b)
carry out all the monitoring and mitigation
measures set forth in the environment management
plan attached to the Special Conditions of Contract
as Appendix-I, and (c) allocate the budget required
to ensure that such measures are carried out. The
Contractor shall submit to the Employer (quarterly)
semi-annual) reports on the carrying out of such
measures.

(ii) The Contractor shall adequately record the

conditions of roads, agricultural land and other
infrastructure prior to transport of material and
construction commencement, and shall fully
reinstate pathways, other local infrastructure and
agricultural land to atleast their pre-project
condition upon construction completion.

(iii) The Contractor shall undertake detailed survey of

the affected persons during transmission line
alignment finalization under the Project, where
applicable. and

(iv) The Contractor shall conduct health and safety

programme for workers employed under the
Contract and shall include information on the risk
of sexually transmitted diseases, including
HIV/AIDS in such programs.

GCC 22.4.3 Safety Precautions

GCC 22.4.3.1
The Contractor shall observe all applicable
regulations regarding safety on the Site.
Unless otherwise agreed, the Contractor shall,
from the commencement of work on Site until
taking over, provide:
a) fencing, lighting, guarding and watching of
the Works wherever required, and
b) temporary roadways, footways, guards and
fences which may be necessary for the
accommodation and protection of
Employer / his representatives and
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-17

occupiers of adjacent property, the public

and others.
GCC 22.4.3.2

The Contractor shall ensure proper safety of all

the workmen, materials, plant and equipment
belonging to him or to Employer or to others,
working at the Site. The Contractor shall also
be responsible for provision of all safety notices
and safety equipment required both by the
relevant legislations and the Employer, as he
may deem necessary.

GCC 22.4.3.3

The Contractor will notify well in advance to the

Employer of his intention to bring to the Site any
container filled with liquid or gaseous fuel or
explosive or petroleum substance or such chemicals
which may involve hazards. The Employer shall
have the right to prescribe the conditions, under
which such container is to be stored, handled and
used during the performance of the works and the
Contractor shall strictly adhere to and comply with
such instructions. The Employer shall have the
right at his sole discretion to inspect any such
container or such construction plant/equipment for
which material in the container is required to be
used and if in his opinion, its use is not safe, he
may forbid its use. No claim due to such
prohibition shall be entertained by the Owner and
the Owner shall not entertain any claim of the
Contractor towards additional safety
provisions/conditions to be provided
for/constructed as per the Employer’s instructions.
Further, any such decision of the Employer shall
not, in any way, absolve the Contractor of his
responsibilities and in case, use of such a container
or entry thereof into the Site area is forbidden by
the Employer, the Contractor shall use alternative
methods with the approval of the Employer without
any cost implication to Employer or extension of
work schedule.

GCC 22.4.3.4

Where it is necessary to provide and/or store

petroleum products or petroleum mixtures and
explosives, the Contractor shall be responsible for
carrying-out such provision and/or storage in
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-18

accordance with the rules and regulations laid down

in Petroleum Act 1934, Explosives Act, 1948 and
Petroleum and Carbide of Calcium Manual
published by the Chief Inspector of Explosives of
India. All such storage shall have prior approval of
the Employer. In case, any approvals are necessary
from the Chief Inspector (Explosives) or any
statutory authorities, the Contractor shall be
responsible for obtaining the same.

GCC 22.4.3.5

All equipment used in construction and erection by

Contractor shall meet Indian/International
Standards and where such standards do not exist,
the Contractor shall ensure these to be absolutely
safe. All equipment shall be strictly operated and
maintained by the Contractor in accordance with
manufacturer’s Operation Manual and safety
instructions and as per Guidelines/rules of
Employer in this regard.

GCC 22.4.3.6

Periodical examinations and all tests for all

lifting/hoisting equipment & tackles shall be
carried-out in accordance with the relevant
provisions of Factories Act 1948, Indian Electricity
Act 1910 and associated Laws/Rules in force from
time to time. A register of such examinations and
tests shall be properly maintained by the Contractor
and will be promptly produced as and when desired
by the Employer or by the person authorized by
him.

GCC 22.4.3.7
The Contractor shall be fully responsible for
the safe storage of his and his Sub-
Contractor’s radioactive sources in accordance
with BARC/DAE Rules and other applicable
provisions. All precautionary measures
stipulated by BARC/DAE in connection with
use, storage and handling of such material will
be taken by the Contractor.

GCC 22.4.3.8

The Contractor shall provide suitable safety

equipment of prescribed standard to all
employees and workmen according to the
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-19

need, as may be directed by the Employer who

will also have right to examine these safety
equipment to determine their suitability,
reliability, acceptability and adaptability.

GCC 22.4.3.9

Where explosives are to be used, the same

shall be used under the direct control and
supervision of an expert, experienced, qualified
and competent person strictly in accordance
with the Code of Practice/Rules framed under
Indian Explosives Act pertaining to handling,
storage and use of explosives.

GCC 22.4.3.10

The Contractor shall provide safe working

conditions to all workmen and employees at
the Site including safe means of access,
railings, stairs, ladders, scaffoldings etc. The
scaffoldings shall be erected under the control
and supervision of an experienced and
competent person. For erection, good and
standard quality of material only shall be used
by the Contractor.

GCC 22.4.3.11

Before the Contractor connects any electrical

appliances to any plug or socket belonging to the
other Contractor or Owner, he shall:

a. Satisfy the Employer that the appliance is in good

working condition;

b. Inform the Employer of the maximum current

rating, voltage and phases of the appliances;

c. Obtain permission of the Employer detailing the

sockets to which the appliances may be
connected.

GCC 22.4.3.12

The Employer will not grant permission to

connect until he is satisfied that;

a. The appliance is in good condition and is

fitted with suitable plug;
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-20

The appliance is fitted with a suitable

cable having two earth conductors, one of
which shall be an earthed metal sheath
surrounding the cores.

GCC 22.4.3.13

No electric cable in use by the Contractor/Owner

will be disturbed without prior permission. No
weight of any description will be imposed on any
cable and no ladder or similar equipment will rest
against or attached to it.

GCC 22.4.3.14

No repair work shall be carried out on any live

equipment. The equipment must be declared safe
by the Employer and a permit to work shall be
issued by the Employer before any repair work is
carried out by the Contractor. While working on
electric lines/equipment, whether live or dead,
suitable type and sufficient quantity of tools will
have to he provided by the Contractor to
electricians/workmen/officers.

GCC 22.4.3.15

The Contractors shall employ necessary number

of qualified, full time electricians/electrical
supervisors to maintain his temporary electrical
installation.

GCC 22.4.3.16

The Contractor employing more than 100

workmen whether temporary, casual,
probationer, regular or permanent or on
contract, shall employ at least one full time
officer exclusively as safety officer to
supervise safety aspects of the equipment
and workmen, who will coordinate with the
Project Safety Officer. Alternatively,
whatever is suitable, a Contractor's
Employer in charge of construction
supervision shall have safety office
qualifications.
In case of work being carried out through
Sub-Contractors, the Sub-Contractor’s
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-21

workmen/employees will also be considered

as the Contractor’s employees/workmen for
the above purpose.

GCC 22.4.3.17

In case any accident occurs during the

construction/ erection or other associated
activities undertaken by the Contractor
thereby causing any minor or major or fatal
injury to his employees due to any reason,
whatsoever, it shall be the responsibility of
the Contractor to promptly inform the same
to the Employer in prescribed form and also
to all the authorities envisaged under the
applicable laws.

GCC 22.4.3.18

The Employer shall have the right at his sole

discretion to stop the work, if in his opinion
the work is being carried out in such a way
that it may cause accidents and endanger
the safety of the persons and/or property,
and/or equipment. In such cases, the
Contractor shall be informed in writing
about the nature of hazards and possible
injury/accident and he shall comply to
remove shortcomings promptly. The
Contractor after stopping the specific work
can, if felt necessary, appeal against the
order of stoppage of work to the Employer
within 3 days of such stoppage of work and
decision of the Employer in this respect
shall be conclusive and binding on the
Contractor.
GCC 22.4.3.19

The Contractor shall not be entitled for any

damages/compensation for stoppage of work due
to safety reasons as provided in para GCCC
22.4.3.19 above and the period of such stoppage
of work will not be taken as an extension of time
for completion of work and will not be the ground
for waiver of levy of liquidated damages.

GCC 22.4.3.20

It is mandatory for the Contractor to observe

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-22

during the execution of the works, requirements

of Safety Rules which would generally include but
not limited to following:

Safety Rules

a) Each employee shall be provided with

initial indoctrination regarding safety
by the Contractor, so as to enable him
to conduct his work in a safe manner.
b) No employee shall be given a new
assignment of work unfamiliar to him
without proper introduction as to the
hazards incident thereto, both to
himself and his fellow employees.
c) Under no circumstances shall an
employee hurry or take unnecessary
chance when working under
hazardous conditions.
d) Employees must not leave naked fires
unattended. Smoking shall not be
permitted around fire prone areas and
adequate fire fighting equipment shall
be provided at crucial location.
e) Employees under the influence of any
intoxicating beverage, even to the
slightest degree shall not be permitted
to remain at work.
f) There shall be a suitable arrangement
at every work site for rendering prompt
and sufficient first aid to the injured.
g) The staircases and passageways shall
be adequately lighted.
h) The employees when working around
moving machinery must not be
permitted to wear loose garments.
Safety shoes are recommended when
working in shops or places where
materials or tools are likely to fall.
Only experienced workers shall be
permitted to go behind guard rails or
to clean around energized or moving
equipment.
i) The employees must use the standard
protection equipment intended for
each job. Each piece of equipment
shall be inspected before and after it is
used.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-23

j) Requirements of ventilation in
underwater working to Licensed and
experienced divers, use of gum boots
for working in slushy or in inundated
conditions are essential requirements
to be fulfilled.
k) In case of rock excavation, blasting
shall invariably be done through
Licenced blasters and other
precautions during blasting and
storage/transport of charge material
shall be observed strictly.

GCC 22.4.3.21

The Contractor shall follow and comply

with all Employer Safety Rules,
relevant provisions of applicable laws
pertaining to the safety of workmen,
employees, plant and equipment as
may be prescribed from time to time
without any demur, protest or contest
or reservations. In case of any
discrepancy between statutory
requirement and Employer Safety
Rules referred above, the latter shall be
binding on the Contractor unless the
statutory provisions are more stringent

GCC22.4.3.22

If the Contractor fails in providing safe

working environment as per Employer
Safety Rules or continues the work even
after being instructed to stop work by the
Employer as provided in para GCCC
22.4.3.19 above, the Contractor shall
promptly pay to Employer, on demand by
the Owner, compensation at the rate of
Rs.5,000/- per day of part thereof till the
instructions are complied with and so
certified by the Employer. However, in case
of accident taking place causing injury to
any individual, the provisions contained in
para GCCC 22.4.3.24 shall also apply in
addition to compensation mentioned in this
para.

GCC 22.4.3.23

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-24

If the Contractor does not take adequate

safety precautions and/or fails to comply
with the Safety Rules as prescribed by
Employer or under the applicable law for the
safety of the equipment and plant or for the
safety of personnel or the Contractor does
not prevent hazardous conditions which
cause injury to his own employees or
employees of other Contractors or Employer
employees or any other person who are at
Site or adjacent thereto, then the Contractor
shall be responsible for payment of a sum
as indicated below to be deposited with
Employer, which will be passed on by
Employer to such person or next to kith and
kin of the deceased:

a. Fatal injury or Rs. 1,000,000/-

accident causing per person
death
b. Major injuries or Rs. 100,000/- per
accident causing person
25% or more
permanent
disablement

Permanent disablement shall have same

meaning as indicated in Workmen’s
Compensation Act. The amount to be
deposited with Employer and passed on to
the person mentioned above shall be in
addition to the compensation payable under
the relevant provisions of the Workmen’s
Compensation Act and rules framed there
under or any other applicable laws as
applicable from time to time. In case the
Contractor does not deposit the above
mentioned amount with Employer, such
amount shall be recovered by Employer
from any monies due or becoming due to
the Contractor under the contract or any
other on-going contract.

GCC22.4.3.24

If the Contractor observes all the Safety

Rules and Codes, Statutory Laws and Rules

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-25

during the currency of Contract awarded by

the Owner and no accident occurs then
Employer may consider the performance of
the Contractor and award suitable
‘ACCIDENT FREE SAFETY MERITORIOUS
AWARD’ as per scheme as may be
announced separately from time to time.

GCC22.4.3.25
The Contractor shall also submit ‘Safety
Plan’ as per good utility practice alongwith
all the requisite documents mentioned
therein and as per check-list contained
therein to the Employer In-Charge for its
approval within 60 days of award of
Contract.

Further, one of the conditions for release of

first progressive payment / subsequent
payment towards Services Contract shall be
submission of ‘Safety Plan’ alongwith all
requisite documents and approval of the
same by the Employer In-Charge.

Add the following :

In general, the contractor shall also ensure compliance to the following:

GCC 22.9.1 There should be no houses, schools or buildings of

similar sensitive use in the RoW. The Project
elements in the vicinity of residential buildings, school
and other sensitive uses shall have to comply with
the limits for electromagnetic field (EMF) and
transmission line corona noise or substation noise as
set out in the above mentioned WBG EHS guidelines.
Please note that the require setback distances locally
may be larger than the standard RoW width. The
ESIA study should provide EMF cross sections and
noise contours by using appropriate modelling
software to demonstrate compliance with Indian and
WBG EMF and noise standards. Further, in the ESIA
study, the impact on visual amenity should be
demonstrated by mapping the zone visual influence
(ZVI) of the project installations and by
photomontages from representative viewpoints.
Photomontages should be used for public
consultation purposes. Even if no physical damage is
anticipated on historical/ cultural monument, intrusion
in the visual amenity of respective structures should
be avoided. If any changes are found in the
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-26

archaeological structures during the construction

period, respective mitigation procedure should be
established.
GCC 22.9.2 The negative impact on land use and displacement of
people due to project activities should be avoided by
detailed sitting/ routing wherever possible. Land
acquisition should be managed according to “The Right
to fair compensation and transparency in Land
Acquisition, Rehabilitation and Resettlement Act 2013”,
as applicable. Also regardless of the property title status,
solution on both situation of physical and / or economic
displacement should be developed in consultation with
the affected people. This may include inter alia
measures such as e.g. provision of alternative housing,
moving assistance, relocation allowance, compensation
or other forms of support in order to improve or at least
re-establish the livelihood of the affected people. In case
livelihood of the affected people are land based
(especially if subsistence) land for land compensation
should be offered.

In case that despite best efforts by RVPN to develop

amicable solutions, no common agreement can be
reached and residents are not willing to relocate and a
forced eviction eventually would become necessary,
such forced eviction shall confirm with the requirement
of the Principles and Guidelines as indicated in Govt.
Laws . Any potential or actual need for forced eviction in
relation to the project shall be notified to KfW
immediately once the RVPN becomes aware of it and
RVPN shall provide information on the measures
foreseen.

GCC 22.9.3 Consideration of ESIA with respect to biodiversity:

There is a need for an ESIAQ with respect to
biodiversity since mitigation measures are required to
avoid bird collisions (typically by installing so-called “bird
flappers” on the earth wire) in the vicinity of wetlands
and river crossings and if applicable the coastal region
shall be considered.

GCC 22.9.4 RVPN shall ensure that provisions regarding

construction health and safety and labour conditions are
put forward in to the contracts with contractors and sub
contractors. The following points on EHS should be
noted and complied with:

GCC 22.9.4.1 RVPN shall supervise the occupational health and

safety and environmental performance of contractors
and the labour conditions.
GCC 22.9.4.2 The Contractor(S) should be responsible to ensure that
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-27

all the sub-contractors receive an EHS induction prior to

starting work, a work site orientation and on the job or
formal training prior to being assigned a job.
GCC 22.9.4.3 The Contractor(s) should apply best practice
international standards to occupational safety with
regard to use personal protective equipment, work
procedures (for tower erection and maintenance) and
equipment movement. All safety equipment as required
for their respective responsibilities and duties.
GCC 22.9.4.4 Main contractor(s) has to ensure that each sub
contractor submits, at the tender stage, proof of its good
OHS practices in order to be shortlisted for the work. In
case that sub contractors are required to execute
specific specialist works on site (e.g. demolition,
excavation, electrical work, welding) they will be
required to describe a work method i.e. specifying how
to reduce or eliminate potential risks.
GCC 22.9.4.5 Safety induction meetings will be regularly conducted
and incident statistics should be maintained.

GCC 22.9.4.6 A site management plan, safety and health plan,

including emergency response and hazardous material/
waste management plans are obligatory under national
OHS law.

GCC 22.9.4.7 Health and safety staff should be appointed and present
on the construction site during working hours and should
include the capacity for an onsite first aid emergency.
GCC 22.9.4.8 During construction, temporary camp facilities to house
the workers shall be in accordance with the national
local standards, and the best practice including the
guidelines for worker’s accommodation , these include
provision of safe housing availability of electricity,
plumbing, water and sanitation, adequate fire protection
and dormitory/ room facilities e.g. (i) usual standards
range from 10 to 12.5 cubic meters (volume) or 4 to 5.5
square meters (surface), (ii) a minimum ceiling height of
2.10 meters, (iii) in collective rooms only a reasonable
number of workers are allowed to share the same room-
standards range from 2 to 8 workers.
GCC 22.9.4.9 RVPN shall ensure that no child labour is employed by
the main or sub-contractors at the project construction
sites or campsites.

During the construction phase the primary

responsibilities of managing EHS impacts lies with
RVPN while field management and quality control
should be the responsibility of main contractor(s) and
the site managers of the other contractor(s) who will also
be responsible for communication and the training of
their respective construction and camp crews in all
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-28

aspects of the environmental and social management

plan.

During the operation phase of the project, management

of EHS and social development aspects should become
a routine activity as an integral part of RVPN O&M
activities. The RVPN EHs manager will be the focal
point for all matters relating to EHs and socio economic
aspects during the routine operations of the power plant.

GCC 22.9.5 Notification of accidents and incidents: RVPN shall

promptly, but in any event within 3 working days after
the occurrence of any of the events set out in this sub-
clause supply of KfW(i) details of any incident of an
environmental nature (including without limitation any
explosion, spill or work place accident which results in
death, serious or multiple injuries or material
environmental contamination) or any incident of a social
nature (including without limitation any violent labour
unrest or dispute with local communities), occurring on
or nearby any site , plant, equipment or facility of the
RVPN which has or is reasonably likely to have a
material negative impact on the environment, the health,
safety and security situation, or the social and cultural
context, together with, in each case a specification of the
nature of the incident or accident and the on-site and off-
site effects of such events and (ii) details of any action
the RVPN proposes to take in order to remedy the
effects of these events, and shall keep the KfW informed
about any progress in respect of such remedial action.

A monitoring consultant who shall be in-charge of

overall monitoring of implementation progress should
follow up on the compliance of the regulations and
commitments towards KfW related to ESIA regarding
Stakeholder consultation, land acquisition/ R&R plans,
environmental protection and management measures
resulting from the ESIA and health and safety measures
to be fulfilled during project construction and
implementation. Further, any significant public concerns
or objections by stakeholders and the public during
planning stage and any material accident or incidents
including workers unrest or public protest during
construction and implementation should be reported to
KfW.

11 GCC 23 The Clauses supplement / read with following :

GCC 23.2 Inspection and Testing

The engineer and his duly authorized representative shall have at all
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-29

reasonable times access to the contractors premises of works and

shall have the power at all reasonable time to inspect drawing of any
portion of the work or examine the materials and workmanship of the
plant being manufactured on other premises, the contractor shall
obtain for the engineer and for his duly authorized representative
permission to inspect it as if the plant was manufactured on the
contractor's own premises.

The Project Manager shall on giving seven days notice in writing to the
contractor setting out any grounds of objections which he may have in
respect of the work, be at liberty to reject any drawing and all or any
plant or workmanship connected with such work which in his opinion
are not in accordance with the contract or are in his opinion, defective
for any reason whatsoever.

The contractor shall state in his bid the places of manufacture, testing
and inspection of various equipments offered by him. Unless
specifically provided otherwise all tests shall be made at the
contractor's works before shipment.

The contractor shall intimate at least 15 days in advance through

notice(s) about the readiness of material for despatch commensurate
with specific delivery schedule so as to enable the Employer to depute
his representative for inspection testing and checking of the
material/equipment. For this purpose the date of receipt of the letter in
the office of the purchasing authority shall be deemed as the date of
call for inspection and not the date mentioned in the letter and the date
of despatch.

In case, material/equipment is not found ready by the representative of

the Nigam deputed for inspection to the extent of the quantity indicated
in the inspection call with tolerance of (-) 10% or if the inspection is not
got carried out by any, reason(s) on account of the supplier an amount
of Rs.3000.00+applicable rate of GST only for the manufacturer’s work
located in Rajasthan and an amount of Rs. 10000.00+ applicable rate
of GST only for the manufacturer's works located outside Rajasthan
will become payable by the contractor on this account to the Accounts
Officer (P&C-I), RVPN, Jaipur. The contractor will deposit the amount
with the Accounts Officer (P&C-I), RVPN, Jaipur immediately under
intimation to the purchasing authority, failing which the subsequent call
for inspection shall not be entertained.

The Re-inspection charges for the inspections to be carried out outside

India shall be considered at actuals.

In all cases where the contract provides for tests, whether at the
premises of works of the contractor or any sub contractor’s site the
contractor except where otherwise specified shall provide free of
charge to the Employer, such labour, materials, electricity fuel water,
stores apparatus and instruments as may reasonably be demanded to
carry out efficiently such tests of the plant, in accordance with the
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-30

contract and shall give facilities to the Employer/ Procurer/ Project

Manager or his authorized representative to accompany such testing.

The purchaser reserve the right of having any inspection or special test
of a reasonable nature at contractor's premises or at sites in addition to
those prescribed in applicable standards and the enclosed technical
specification.

When the tests have been satisfactorily completed at the

contractor's/subcontractors works the project Manager shall issue a
certificate to that effect but if the tests were not witnessed by the
project Manager or his representative, the certificate would be issued
after the receipt of test certificate by the project Manager. No plant
shall be shipped before such a certificate has been issued. The
satisfactory completion of these tests or the issue of this certificate
shall not bind the purchaser to accept the plant, should it on further
tests after erection, be found not to comply with the contract.

The authorized representative of the Employer shall have at all

reasonable times access to the works and premises of the
manufacturer and / or his associates, if any, and shall be free to
inspect the works, examine and test the product(s) including raw
material used and the workmanship employed during/ after
manufacture.

The manufacturer shall also furnish the latest calibration certificate of

the testing instruments / equipment used for the testing of the material /
equipments as covered in the Employer order, to the inspecting officer.
The testing instruments / machines should be got calibrated by the
manufacturer from time to time from the manufacturer of the testing
instruments or any Govt. recognized testing laboratory or any NABL
accredited Laboratory or any internationally reputed testing laboratory.
The calibration certificate should not in any case, be older than one
year at the time of presenting the same to the Inspecting Officer. In
case however, the manufacturer fails to comply with the conditions as
aforesaid a certificate in writing of the inspector / representative of the
Employer that the manufacturer has failed to provide the facilities shall
be conclusive.

Unless the inspection is specifically waived no material shall be

despatched without inspection and clearance for despatch by the
Employer's representative.

The owner reserve the right to reject all or any part of the material
being manufactured or awaiting despatch, due to any defect or
deviations from the standard specification prescribed as observed
during the inspection. In case of any dispute/ difference in this regard
the decision of the Project Manager shall be final and binding.

The Employer also reserves the right to get the material/equipment

tested in any recognized Government Laboratory & claiming any
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-31

compensation or rejecting the material/ equipment, if not found in

accordance with the specification. All charges consequent to such
rejection and replacement/ rectification shall be borne by the
contractor.

The contractor shall ensure that they shall offer the material for
inspection as per the site requirement considering the physical
progress at site, in order to avoid the unwanted inventory at site.

12 GCC 25 The Clauses supplement / read with following :

GCC 25.2.2

The Guarantee Test of the Facilities shall be successfully completed

within . Thirty (30) days . from the date of Completion.

The amount of liquidated damages so recoverable shall be as per the

aforesaid ceiling and shall not prejudice the contractor's other liabilities
under the Contract in any manner. The liquidated damages for shortfall
in guaranteed parameters and for delay in completion are independent
of each other and shall be levied separately and concurrently.

Add the following

GCC 25.3.1 (e)

The Training to Employer’s personnel as given in Section 6 -

Employer’s Requirement has been successfully completed.

13 GCC 26 The Clauses supplement / read with following :

GCC 26.2

(a) Liquidated Damages shall be levied for delay after Schedule

completion date.
(b) Applicable rate for liquidated damages: 0.25% of the total contract
Price per week or part thereof.
(c) Maximum deduction for liquidated damages: Ten Percentage
(10%) of the total Contract Price

The applicable rate of GST on liquidated damage shall be charge extra.

GCC 26.3

No bonus will be given for earlier Completion of the Facilities or part

thereof.

14 GCC 28 The Clauses supplement / read with following :

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-32

GCC 28.3

If, for reasons attributable to the Contractor, the Functional Guarantees

specified in the Appendix (Functional Guarantees) to the Contract
Agreement are not attained either in whole or in part, but the minimum
level of the Functional Guarantees specified in the said Appendix to the
Contract Agreement is met, the Contractor shall, at the Employers
option, either.

(a) make such changes, modifications and/or additions to the

Facilities or any part thereof that are necessary to attain the
Functional Guarantees at its cost and expense, and shall
request the Employer to repeat the Guarantee Test or

(b) pay liquidated damages plus GST to the Employer in respect of

the failure to meet the Functional Guarantees in accordance
with the provisions in the Appendix (Functional Guarantees) to
the Contract Agreement.

15 GCC 30 The Clauses supplement / read with following :

GCC 30.1 (b)

The multiplier of the Contract Price is: 1 (i.e 100% of the Contract
Price)
16 GCC 34 The Clauses supplement / read with following :

GCC 34.6

‘if the Contractor fails to or is unable to take out and maintain in effect
any such insurances, the Contractor shall nevertheless have no liability
or responsibility towards the Employer, and the Contractor shall have
full recourse against the Employer for any and all liabilities of the
Employer herein’ stands deleted.

Replacing Sub-Clause GCC 34.7

Unless otherwise provided in the Contract, the Contractor shall

prepare and conduct all and any claims made under the policies
effected by it pursuant to this GCC Clause 34, and the monies
payable by any insurers under all the insurance except Third
Party Liability Insurance, Workers' Compensation, and
Employer's Liability, shall be paid to the special account of the
Employer and the Contractor as mutually agreed and such
amounts paid shall be apportioned between the Employer and
the Contractor in accordance with the respective responsibilities
under the Contract. Amount from this Special Account shall,
however, be withdrawn with the consent of KFW. The Employer
shall give to the Contractor all such reasonable assistance as
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-33

may be required by the Contractor. With respect to insurance

claims in which the Employer's interest is involved, the
Contractor shall not give any release or make any compromise
with the insurer without the prior written consent of the
Employer. With respect to insurance claims in which the
Contractor's interest is involved, the Employer shall not give any
release or make any compromise with the insurer without the
prior written consent of the Contractor.

Add the following

GCC 34.8

Further, all the equipment and materials being supplied by the

Employer for the erection (as per Technical Specification), shall also be
kept insured by the contractor for replacement/reinstatement value
against loss, damage, theft, pilferage, fire etc. for the complete period
of storage, erection and commissioning up to the time of taking over
the Substations/ Lines covered under the respective packages by the
Employer. The premium paid to the insurance company by the
contractor for such insurance shall be reimbursed by the Employer to
the Contractor at actuals against documentary proof to be furnished by
the Contractor for contractual completion period. The Contractor shall
obtain competitive quotations for such insurance and shall take prior
approval from the Employer before taking the insurance.

GCC 34.9

It will be the responsibility of the Contractor to lodge, pursue and settle

all claims (for all the equipment and materials including Employer
supplied items) with the Insurance Company and the Employer shall be
kept informed about it. The Contractor shall replace the lost/damaged
goods promptly irrespective of the settlement of the claims by the
underwriters and ensure that the work progress is as per agreed
schedules. The losses, if any, in such replacement will have to be
borne by the Contractor.

17 GCC 39 The following provisions shall supplement the provisions of GCC

39.1, 39.2 and 39.3 :

GCC 39.4

The Contract Price for (i) the items for which quantities have been
indicated as lumpsum or lot or set and/ or (ii) where the quantities are
to be estimated by the Contractor shall remain constant unless there is
change made in the Scope of Work by Employer. The quantities and
unit price (i) subsequently arrived while approving the Bill of Quantities
(BOQ) Billing breakup of lumpsum quantities/lot/Set and or (ii)estimated
by the Contractor shall be for on account payment purpose only. In
case additional quantities, over and above the quantities in BOQ/billing
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-34

breakup and or estimated by the Contractor, are required for successful

completion of the scope of work as per Technical Specification, the
Contractor shall execute additional quantities of these items for which
no additional payment shall be made over and above the lumpsum
Contract Price. In case quantities of these items supplied at site are in
excess of that required for successful completion of scope of work,
such additional quantities shall be the property of the Contractor and
they shall be allowed to take back the same from the site for which no
deduction from the lumpsum Contract Price shall be made. Further, in
case actual requirement of quantities for successful completion of
scope of work is less than the quantities identified in the approved BOQ
(billing breakup and/ or estimated by the Contractor, the lumpsum
contract price shall remain unchanged and no deduction shall be made
from the lumpsum price due to such reduction of quantities.

It shall be the responsibility of the Contractor to pay all statutory taxes,

duties and levies to the concerned authorities for such surplus material
which would otherwise have been, lawfully payable in case of non-
deemed export contracts. The Contractor shall submit an indemnity
bond to keep Employee harmless from any liability, before release of
such material to the Contractor by Employer.

Set /Lot/Lumpsum shall be governed as per the requirement of the

corresponding item description read in conjunction with relevant
provisions of Technical Specifications.

18 GCC 45 The Clauses supplement / read with following:

GCC 45.1

The DB shall be appointed within 28 days after the Effective Date.

The DB shall be “Three members”

List of potential DB members is: NONE

GCC 45.2

Appointment (if not agreed) to be made as per the Clause no. 45.2 of
GCC.

CENTRAL ELECTRICITY AUTHORITY, GOVT. OF INDIA OR

SECRETARY (ENERGY), GOVT. OF RAJASTHAN.

GCC 45.5

Rules of procedure for arbitration proceedings:

(a) Contracts with foreign contractors : Any dispute, controversy or
claim arising out of or relating to this contract, or breach,
termination or invalidity thereof, shall be settled by Arbitration in
accordance with the UNCITRAL (United Nations Commission
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-35

on International Trade Law) Arbitration Rules as at present in

force. The place of arbitration shall be Jaipur.

(b) Contracts with contractors being nationals of the Employer’s

country :

Any dispute, controversy or claim arising out of or relating to

this contract, or breach, termination or invalidity thereof, shall
be settled by Arbitration in accordance with the Indian
Arbitration and Conciliation Act of 1996 as amended from time
to time and the rules made there under. The place of arbitration
shall be Jaipur.

GCC 45.6

Failure of Comply with Dispute Board’s Decision: Where neither the

Employer nor the contractor has given notice of intention to commence
arbitration of a dispute within the period stated in sub clause 45.3 and
the related outcome has become final and binding either party may, if
the other party fails to comply with such Recommendations and without
prejudice to any other right it may have refer the failure to arbitration in
accordance with sub clause 45.5. the provisions of sub clause 45.3 and
45.4 shall not apply to any such reference.

19 GCC 46 New clause added, read as following :

Contractor’s Superintendence

GCC 46.1

The contractor is liable to furnish indemnity bond as per the attached

format 5.5 in section-6, Employer’s Requirement (ERQ) duly
indemnifying purchaser for the goods under the custody of contractor
after supply of material for erection and commissioning.

GCC 46.2

Throughout the execution of the Works, and as long thereafter

as is necessary to fulfil the Contractor’s obligations, the
Contractor shall provide all necessary superintendence to plan,
arrange, direct, manage, inspect and test the work.
Superintendence shall be given by a sufficient number of
persons having adequate knowledge of the language for
communications (defined in Sub-Clause 1.4 [Law and
Language]) and of the operations to be carried out (including the
methods and techniques required, the hazards likely to be
encountered and methods of preventing accidents), for the
satisfactory and safe execution of the Works.

GCC 46.3

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-36

Contractor’s Personnel

The Contractor’s Personnel shall be appropriately qualified,

skilled and experienced in their respective trades or
occupations. The Engineer may require the Contractor to
remove (or cause to be removed) any person employed on the
Site or Works, including the Contractor’s Representative if
applicable, who:

(a) persists in any misconduct or lack of care,

(b) carries out duties incompetently or negligently,
(c) fails to conform with any provisions of the Contract, or
(d) persists in any conduct which is prejudicial to safety, health,
or the protection of the environment.

If appropriate, the Contractor shall then appoint (or cause to be

appointed) a suitable replacement person.
.

Records of Contractor’s Personnel and Equipment

The Contractor shall submit, to the Engineer, details showing

the number of each
class of Contractor’s Personnel and of each type of Contractor’s
Equipment on the
Site. Details shall be submitted each calendar month, in a form
approved by the
Engineer, until the Contractor has completed all work which is
known to be
outstanding at the completion date stated in the Taking-Over
Certificate for the
Works.

GCC 46.4

Foreign Personnel.

The Contractor may bring in to the Country any foreign

personnel who are necessary for the execution of the Works to
the extent allowed by the applicable Laws. The Contractor shall
ensure that these personnel are provided with the required
residence visas and work permits. The Employer will, if
requested by the Contractor, use his best endeavours in a timely
and expeditious manner to assist the Contractor in obtaining
any local, state, national, or government permission required for
bringing in the Contractor’s personnel.

The Contractor shall be responsible for the return of these

personnel to the place where they were recruited or to their
domicile. In the event of the death in the Country of any of these
Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-37

personnel or members of their families, the Contractor shall

similarly be responsible for making the appropriate
arrangements for their return or burial

20 GCC 48 New clause added, read as following :

GCC 48

The contractor shall comply with all applicable national, provincial, and
local environmental laws and regulations.

The contractor shall (a) establish an operational system for managing

environmental impacts, (b) carry out all of the monitoring and mitigation
measures set forth in the [initial Environmental Examination (“IEE”)] or
[Environmental Management Plan (“EMP”)] and (c) allocate the budget
required to ensure that such measures are carried out. The contractor
shall submit [(quarterly) (semi-annual)] reports on the carrying out of
such measures to the Employer.

More particularly, the Contractor shall comply with (i) the measures and
requirements set forth in the IEE and EMP attached hereto as
Appendix-1 ; and (ii) any corrective or preventive actions set out in
safeguards monitoring reports that the Employer will prepare from time
to time to monitor implementation of the initial environmental
examination and the environmental management plan.

The contractor shall allocate a budget for compliance with these

measures, requirements and actions.
21 GCC 49 Insertion of Appendix-1 to GCC: Environment Management
Plan

22 GCC 50 Insertion of Appendix-2 to GCC: List of Eligible Scheduled

Commercial Private Indian Banks

Appendix 1: Environmental and Management Plan

Appendix 2: List of Eligible Scheduled Commercial Private Indian Banks

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 8 - Special Conditions of Contract 8-38

Appendix 2

List of Eligible Scheduled Commercial Private Indian Banks

1. Bank of Rajasthan Ltd.

2. Catholic Syrian Bank Ltd.
3. City Union Bank Ltd.
4. Development Credit Bank Ltd.
5. Dhanalakshmi Bank Ltd.
6. Federal Bank Ltd.
7. HDFC Bank Ltd.
8. ICICI Bank Ltd.
9. IndusInd Bank Ltd.
10. ING Vysya Bank Ltd.
11. Jammu and Kashmir Bank Ltd.
12. Karnataka Bank Ltd.
13. Karur Vysya Bank Ltd.
14. Kotak Mahindra Bank Ltd.
15. Lakshmi Vilas Bank Ltd.
16. Nainital Bank Ltd.
17. Ratnakar Bank Ltd.
18. SBI Commercial International Bank Ltd.
19. South Indian Bank Ltd.
20. Tamilnad Mercantile Bank Ltd.
21. Axis Bank Ltd.
22. Yes Bank Ltd

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Pre-construction
Location of Exposure to Setback of dwellings Tower location Setback Employer Part of tower Transmission
transmission safety related to overhead line and line distances to siting survey and Line Tower
towers and risks route designed in alignment nearest detailed Packages
transmission accordance with selection with houses - once alignment
line alignment permitted level of respect to nearest survey and
and design power frequency and dwellings design
the regulation of
supervision at sites.
Equipment Release of PCBs not used in TransformerExclusion of Employer Part of tender Substation
specifications chemicals and substation design PCBs in specifications for Packages*
and design gases in transformers or other transformers the equipment
parameters receptors (air, project facilities or stated in
water, land) equipment. tender
specification -
once
Processes, Process, Exclusion of Employer Part of tender
equipment and equipment and CFCs stated specifications for
systems not to use system design in tender the equipment
chlorofluorocarbons specification
(CFCs), including – once
halon, and their use,
if any, in existing

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
processes and Phase out Part of
systems should be schedule to equipment and
phased out and to be be prepared process design
disposed of in a in case still in
manner consistent use – once
with the
requirements of the
Government
Transmission Exposure to Transmission line Electromagnetic Line design Employer Part of detailed Transmission
line design electromagnet design to comply field strength for compliance alignment Line Tower
ic interference with the limits of proposed line with relevant survey and Packages
electromagnetic design standards - design
interference from once
overhead power
lines
Location of Impact on Employer Part of tower Transmission
transmission water bodies siting survey and Line Tower
towers and and land detailed Packages
transmission alignment
line alignment survey and
and design design

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Social Careful route Tower location Consultation Employer Part of detailed
inequities selection to avoid and line with local tower siting and
existing settlements alignment authorities alignment
selection and land survey and
(distance to owners - once design
nearest dwellings
or social
institutions)

Encroachment Loss of Avoid encroachment Tower location Consultation Employer Part of detailed Transmission
into precious precious by careful site and and line with local siting and Line Tower
ecological areas ecological alignment selection alignment forest alignment Packages
values/ selection authorities to survey /design
damage to (distance to avoid/minim
precious nearest ize forest
species designated involvement -
ecological once
protection area)
Transmission Deforestation Avoid encroachment Tower location Consultation Employer Part of detailed Transmission
line through and loss of by careful site and and line with local siting and Line Tower
forestland biodiversity alignment selection alignment authorities - alignment Packages
selection once survey/design

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Minimise the need (distance to Consultation
by using existing nearest protected with local
towers, tall towers or reserved authorities
and RoW, wherever forest) and design
possible engineers -
once
Obtain statutory Statutory Compliance
clearances from the approvals from with
Government Government regulations –
once for each
subproject
Encroachment Loss of Use existing tower Tower location Employer Part of detailed Transmission
into farmland agricultural footings/towers and line alignment Line Tower
productivity wherever possible alignment survey and Packages
selection design
Avoid siting new Tower location Consultation Part of detailed
towers on farmland and line with local siting and
wherever feasible alignment authorities alignment
selection and design survey /design
engineers -
once

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Farmers Design of Prior to Transmission
compensated for any Implementation As per the construction Line Tower
permanent loss of of Crop prevailing phase Packages
productive land Compensation procedures
(based on and rules
affected area) adapted by
TANTRANS
CO
Farmers/landowners Design of As per the Prior to
compensated for Implementation prevailing construction
significant trees that of Tree practice phase
need to be trimmed/ compensation followed by
removed along RoW. (estimated area TANTRANS
to be CO
trimmed/remove
d)
Statutory
Compliance Part of detailed
approvals for tree
with siting and
trimming
regulations – alignment
/removal
once for each survey /design
subproject
Interference Flooding Appropriate siting of Tower location Consultation Employer Part of detailed Transmission
with drainage hazards/loss towers to avoid and line with local alignment Line Tower
patterns/Irrigat of agricultural channel interference alignment authorities survey and Packages
ion channels production selection and design design
(distance to engineers -

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
nearest flood once
zone)
Construction
Equipment Noise and Construction Construction Construction Employer Construction All Packages
layout and vibrations techniques and techniques and techniques (Contractor period
installation machinery selection machinery and through
seeking to minimize machinery contract
ground disturbance. creating provisions)
minimal
ground
disturbance -
once at the
start of each
construction
phase
Physical Disturbed Construction Timing of start of Crop Employer Construction All Packages
construction farming activities on construction disturbance – (Contractor period
activity cropping land timed Post harvest through
to avoid disturbance as soon as contract
of field crops (within possible but provisions)
one month of harvest before next
wherever possible). crop - once
per site

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be
Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Mechanized Noise, Construction Construction Complaints Employer Construction All Packages
construction vibration and equipment to be well equipment – received by (Contractor period
operator maintained. estimated noise local through
safety, emissions authorities - contract
efficient every 2 weeks provisions)
operation
Noise, Turning off plant not Construction Complaints Employer Construction
vibration, in use. equipment – received by (Contractor period
equipment estimated noise local through
wear and tear emissions and authorities - contract
operating every 2 weeks provisions)
schedules
Construction of Increase in Existing roads and Access roads, Use of Employer Construction Transmission
roads for airborne dust tracks used for routes (length established (Contractor period Line Tower
accessibility particles construction and and width of new roads through Packages
maintenance access access roads to be wherever contract
to the line wherever constructed) possible - provisions)
possible. every 2 weeks
Temporary Overflows, Temporary Temporary fill Absence of Employer Construction All Packages
blockage of reduced placement of fill in placement (m )3 fill in (Contractor period
utilities discharge drains/canals not sensitive through
permitted. drainage contract
areas - every provisions)
4 weeks
Site clearance Vegetation Marking of Vegetation Clearance Employer Construction All Packages
vegetation to be marking and strictly (Contractor period

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
removed prior to clearance control limited to through
clearance, and strict (area in m2) target contract
control on clearing vegetation - provisions)
activities to ensure every 2 weeks
minimal clearance.
Trimming/cutti Fire hazards Trees allowed Species-specific Presence of Employer Construction Transmission
ng of trees growing up to a tree retention as target species (Contractor period Line Tower
within RoW height within the approved by in RoW through Packages
RoW by maintaining statutory following contract
adequate clearance authorities vegetation provisions)
between the top of (average and clearance –
tree and the maximum tree once per site
conductor as per the height at
regulations. maturity, in
meters)
Loss of Trees that can Species-specific Presence of Employer Construction
vegetation survive pruning to tree retention as target species (Contractor period
and comply should be approved by in RoW through
deforestation pruned instead of statutory following contract
cleared. authorities vegetation provisions)
clearance –
once per site

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Felled trees and Disposal of Use or Employer Construction
other cleared or cleared intended use (Contractor period
pruned vegetation to vegetation as of vegetation through
be disposed of as approved by the as approved contract
authorized by the statutory by the provisions)
statutory bodies. authorities (area statutory
cleared in m2) authorities –
once per site
Wood/vegetati Loss of Construction Illegal wood Complaints Employer Construction All Packages
on harvesting vegetation workers prohibited /vegetation by local (Contractor period
and from harvesting harvesting (area people or through
deforestation wood in the project in m2, number of other contract
area during their incidents evidence of provisions)
employment, (apart reported) illegal
from locally harvesting -
employed staff every 2 weeks
continuing current
legal activities).
Surplus Runoff to Soil excavated from Soil disposal Acceptable POWER GRID Construction Transmission
earthwork/soil cause water tower footings locations and soil disposal (Contractor period Line Tower
pollution, disposed of by volume (m3) sites - every 2 through Packages
solid waste placement along weeks contract
disposal roadsides, or at provisions)
nearby house blocks
if requested by
landowners.

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Tower Waste Excess fill from Location and Appropriate Employer Construction Transmission
construction – disposal tower foundation amount (m3)of fill disposal (Contractor period Line Tower
disposal of excavation disposed fill disposal locations - through Packages
surplus of next to roads or every 2 weeks contract
earthwork/fill around houses, in provisions)
agreement with the
local community or
landowner.
Storage of Contaminatio Fuel and other Location of Fuel storage Employer Construction All Packages
chemicals and n of receptors hazardous materials hazardous in (Contractor period
materials (land, water, securely stored material storage; appropriate through
air) above high flood spill reports (type locations and contract
level. of material receptacles - provisions)
spilled, amount every 2 weeks
(kg or m3) and
action taken to
control and clean
up spill)
Construction Noise Construction Timing of Daytime Employer Construction All Packages
schedules nuisance to activities only construction construction (Contractor period
neighbouring undertaken during (noise emissions, only - every 2 through
properties the day and local [dB(a)]) weeks contract
communities provisions)
informed of the
construction
schedule.

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Provision of Contaminatio Construction Amenities for Presence of Employer Construction All Packages
facilities for n of receptors workforce facilities Workforce proper (Contractor period
construction (land, water, to include proper facilities sanitation, through
workers air) sanitation, water water supply contract
supply and waste and waste provisions)
disposal facilities. disposal
facilities -
once each
new facility
Encroachment Loss of Use existing access Usage of existing Complaints Employer Construction All Packages
into farmland agricultural roads wherever utilities received by (Contractor period
productivity possible local people through
Ensure existing Status of existing /authorities - contract
irrigation facilities facilities every 4 weeks provisions)
are maintained in
working condition
Protect /preserve Status of facilities
topsoil and reinstate (earthwork in m3)
after construction
completed
Repair /reinstate Status of facilities
damaged bunds etc (earthwork in m3)
after construction
completed

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Social Compensation for Implementation Consultation Employer Prior to
inequities temporary loss in of Crop with affected construction
agricultural compensation parties – once
production (amount paid, in a quarter
dates, etc.)
Uncontrolled Soil loss, Need for access Design basis and Incorporating Employer Construction All Packages
erosion/silt downstream tracks minimised, construction good design (Contractor period
runoff siltation; use of existing roads. procedures and through
Limit site clearing to (suspended construction contract
work areas solids in management provisions)
Regeneration of receiving waters; practices –
vegetation to area re-vegetated once for each
stabilise works areas in m2; amount of site
on completion bunds
(where applicable) constructed
Avoidance of [length in meter,
excavation in wet area in m2, or
season volume in m3])
Water courses
protected from
siltation through use
of bunds and
sediment ponds

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Nuisance to Losses to Contract clauses Contract clauses Incorporating Employer Construction
nearby neighbouring specifying careful good (Contractor period
properties land uses/ construction construction through
values practices. management contract
practices – provisions)
once for each
site
As much as possible Design basis and Incorporating
existing access ways layout good design
will be used. engineering
practices –
once for each
site
Productive land will Reinstatement of Consultation
be reinstated land status (area with affected
following completion affected, m2) parties –
of construction twice –
immediately
after
completion of
construction
and after the
first harvest

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Social Compensation will Implementation Consultation Employer Prior to
inequities be paid for loss of of Tree/Crop with affected construction
production, if any. compensation parties – once
(amount paid) in a quarter
Health and Injury and Contract provisions Contract clauses Contract Employer Construction All Packages
safety sickness of specifying minimum (number of clauses (Contractor period
workers and requirements for incidents and compliance – through
members of construction camps total lost-work once every contract
the public Contractor to days caused by quarter provisions)
prepare and injuries and
implement a health sickness)
and safety plan.
Contractor to
arrange for health
and safety training
sessions
Inadequate Likely to Training of Training Number of Employer Routinely All Packages
construction maximise Employer schedules programs throughout
stage damages environmental attended by construction
monitoring monitoring each person – period
personnel once a year

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Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Implementation of Respective Submission of
effective contract duly
environmental checklists and completed
monitoring and remedial actions checklists of
reporting system taken thereof. all contracts
using checklist of all for each site -
contractual once
environmental
requirements
Appropriate contact Compliance Submission of
clauses to ensure report related to duly
satisfactory environmental completed
implementation of aspects for the compliance
contractual contract report for
environmental each contract
mitigation measures. - once
Operation and Maintenance
Location of Exposure to Setback of dwellings Compliance with Setback Employer During Transmission
transmission safety related to overhead line setback distances distances to operations Line Tower
towers and risks route designed in (“as-built” nearest Packages
transmission accordance with diagrams) houses – once
line alignment permitted level of in quarter
and design power frequency and
the regulation of
supervision at sites.
Oil spillage Contaminatio Substation Substation Bunding (Oil Employer During Substation
Packages*

Rajasthan Rajya Vidyut Prasaran Nigam Limited Page 15 of 18

Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
n of transformers located bunding (Oil sump) operations
land/nearby within secure and sump) capacity and
water bodies impervious sump (“as-built” permeability -
areas with a storage diagrams) once
capacity of at least
100% of the capacity
of oil in transformers
and associated
reserve tanks.
Inadequate Injury and Careful design using Usage of Preparedness Employer Design and All Packages
provision of sickness of appropriate appropriate level for operation
staff/workers staff /workers technologies to technologies (lost
using these
health and minimise hazards work days due to technologies
safety during illness and in crisis –
operations injuries) once each
year
Safety awareness Training/awaren Number of
raising for staff. ess programs and programs and
Preparation of fire mock drills percent of
emergency action staff
plan and training /workers
given to staff on covered –
implementing once each
emergency action year
plan

Rajasthan Rajya Vidyut Prasaran Nigam Limited Page 16 of 18

Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
Electric Shock Injury/mortal Careful design using Usage of Preparedness Employer Design and All Packages
Hazards ity to staff and appropriate appropriate level for Operation
public technologies to technologies using these
minimise hazards (number of injury technologies
incidents, lost in crisis –
work days) once a month
Security fences Maintenance of Report on
around substations fences maintenance
Barriers to prevent Maintenance of – every 2
climbing barriers weeks
on/dismantling of
transmission towers
Appropriate warning Maintenance of
signs on facilities warning signs
Electricity safety Training Number of
awareness raising in /awareness programs and
project areas programs and percent of
mock drills for all total persons
concerned parties covered –
once each
year
Equipment Release of Processes, Process, Phase out Employer Operations Substation
specifications chemicals and equipment and equipment and schedule to Packages*
and design gases in systems using system design be prepared
parameters receptors (air, cholofluorocarbons in case still in
water, land) (CFCs), including use – once in

Rajasthan Rajya Vidyut Prasaran Nigam Limited Page 17 of 18

Environment Management Plan [Applicable for Power Transmission System Projects] Appendix-I to SCC
Potential Proposed mitigation Parameter to be Measurement Institutional Implementation Applicability
Project activity/ impact measure monitored and responsibility schedule
stage frequency
halon, should be a quarter
phased out and to be
disposed of in a
manner consistent
with the
requirements of the
Government.
Transmission Exposure to Transmission line Required ground Ground Employer Operations Transmission
line electromagnet design to comply clearance clearance - Line Tower
maintenance ic interference with the limits of (meters) once Packages
electromagnetic
interference from
overhead power
lines
Noise related Nuisance to Substations sited and Noise levels Noise levels Employer Operations Substation
neighbouring designed to ensure (dB(a)) at boundary Packages*
properties noise will not be a nearest to
nuisance. properties
and
consultation
with affected
parties if any
- once

Rajasthan Rajya Vidyut Prasaran Nigam Limited Page 18 of 18

Section 9 – Contract Forms 9-1

Section 9 - Contract Forms

This Section contains the Letter of Acceptance, the Contract Agreement and Appendices to the
Contract Agreement which, once completed, will form part of the Contract.

Table of Forms

Notification of Award ....................................................................................................................................... 2 

Contract Agreement ......................................................................................................................................... 3 

Appendix 1 - Terms and Procedures of Payment ....................................................................................... 6 

Appendix 2 - Price Escalation ..................................................................................................................... 11

Appendix 3 - Insurance Requirement ......................................................................................................... 19 

Appendix 4 - Time Schedule ....................................................................................................................... 22 

Appendix 5 - List of Major Items of Plant and Services and List of Approved Subcontractors .......... 24 

Appendix 6 - Scope of Works and Supply by the Employer .................................................................... 25 

Appendix 7 - List of Documents for Approval or Review ......................................................................... 26 

Appendix 8 - Functional Guarantees .......................................................................................................... 27

Appendix 9 - Advance Payment & Performance Bond ............................................................................. 29

Appendix 10 - Declaration of undertaking ................................................................................................. 31

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-2

Notification of Award
[ Employer's letter head ]

Letter of Acceptance

[ date ]

To: [ Name and address of the Contractor ]

This is to notify you that your Bid consisting of the Technical and Price Bids dated [date] for execution
of the [ name of the Contract and identification number, as given in the Contract Data ] for the Contract Price in
the aggregate of [ amounts in numbers and words ] [ name of currency ], as corrected and modified in
accordance with the Instructions to Bidders is hereby accepted by our Agency.

You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms included in
Section 6 (Employer’s requirement) of the Bidding Document

[ Authorized Signature ]
[ Name and Title of Signatory ]
[ Name of Agency ]

Attachment: Contract Agreement

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-3

Contract Agreement
THIS AGREEMENT made the ________ day of ________________________, _____,
BETWEEN

(1) [ name of Employer ], a corporation incorporated under the laws of [ country of Employer ] and having
its principal place of business at [ address of Employer ] (hereinafter called “the Employer”), and (2) [
name of Contractor ], a corporation incorporated under the laws of [ country of Contractor ] and having
its principal place of business at [ address of Contractor ] (hereinafter called “the Contractor”).

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver,
install, complete and commission certain Facilities, viz. [ list of facilities ] (“the Facilities”) and the
Contractor have agreed to such engagement upon and subject to the terms and conditions
hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1 1.1 Contract Documents (Reference GCC Clause 2)

Contract The following documents shall constitute the Contract between the
Documents Employer and the Contractor, and each shall be read and construed as
an integral part of the Contract:

(a) This Contract Agreement and the Appendices hereto

(b) Letter of Price Bid and Price Schedules submitted by the
Contractor
(c) Letter of Technical Bid and Technical Proposal submitted by the
Contractor
(d) Special Conditions
(e) General Conditions
(f) Specification
(g) Drawings
(h) Other completed Bidding Forms submitted with the Letters of
Technical and Price Bids
(i) Any other documents part of the Employer’s Requirements
(j) Any other documents shall be added here

1.2 Order of Precedence (Reference GCC Clause 2)

In the event of any ambiguity or conflict between the Contract
Documents listed above, the order of precedence shall be the order in
which the Contract Documents are listed in Article 1.1 (Contract
Documents) above.

1.3 Definitions (Reference GCC Clause 1)

Capitalized words and phrases used herein shall have the same
meanings as are ascribed to them in the General Conditions.

Article 2 2.1 Contract Price (Reference GCC Clause 11)

Contract Price and The Employer hereby agrees to pay to the Contractor the Contract
Terms of Payment Price in consideration of the performance by the Contractor of its
obligations hereunder. The Contract Price shall be the aggregate of: [.
. . amounts of foreign currency in words . . . ], [. . . amounts in figures. . . ] as
specified in Price Schedule No. 5 (Grand Summary), [. . . amounts of

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-4

local currency in words. . . ], [. . . amounts in figures. . . ], or such other

sums as may be determined in accordance with the terms and
conditions of the Contract.

2.2 Terms of Payment (Reference GCC Clause 12)

The terms and procedures of payment according to which the
Employer will reimburse the Contractor are given in the Appendix
(Terms and Procedures of Payment) hereto.

The Employer shall instruct its bank to issue an irrevocable confirmed

documentary credit made available to the Contractor in a bank in the
country of the Contractor. The credit shall be for an amount of [. . .
amount equal to the total named in Schedule 1 less the advance payment to be
made for Plant and Equipment supplied from abroad. . . ]; and shall be
subject to the Uniform Customs and Practice for Documentary Credits
1993 Revision, ICC Publication No. 500.

In the event that the amount payable under Schedule No. 1 is adjusted
in accordance with GCC 11.2 or with any of the other terms of the
Contract, the Employer shall arrange for the documentary credit to be
amended accordingly

Article 3 3.1 Effective Date (Reference GCC Clause 1)

Effective Date The Effective Date upon which the period until the Time for Completion
of the Facilities shall be counted from is the date when all of the
following conditions have been fulfilled:

(a) This Contract Agreement has been duly executed for and on
behalf of the Employer and the Contractor;

(b) The Contractor has submitted to the Employer the performance

security and the advance payment guarantee;

(c) The Employer has paid the Contractor the advance payment

(d) The Contractor has been advised that the documentary credit
referred to in Article 2.2 above has been issued in its favor.

Each party shall use its best efforts to fulfill the above conditions for
which it is responsible as soon as practicable.

3.2 If the conditions listed under 3.1 are not fulfilled within 60 days from the
date of this Contract notification because of reasons not attributable to
the employer , but attributable to the Contractor, the sixty first day after
contract notification shall be the effective date

Article 4 4.1 The address of the Employer for notice purposes, pursuant to GCC 4.1
Communications is: [ Employer's address ].

4.2 The address of the Contractor for notice purposes, pursuant to GCC
4.1 is: [ Contractor's address ].

Article 5. 5.1 The Appendices listed in the attached List of Appendices shall be
Appendices deemed to form an integral part of this Contract Agreement.

5.2 Reference in the Contract to any Appendix shall mean the Appendices

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-5

attached hereto, and the Contract shall be read and construed

accordingly.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly
executed by their duly authorized representatives the day and year first above written.

Signed by, for and on behalf of the Employer

[ Signature ]

[ Title ]

in the presence of

[ Signature ]

[ Title ]

Signed by, for and on behalf of the Contractor

[ Signature ]
[ Title ]

in the presence of

[ Signature ]
[ Title ]

APPENDICES

Appendix 1 - Terms and Procedures of Payment

Appendix 2 - Price Escalation
Appendix 3 - Insurance Requirements
Appendix 4 - Time Schedule
Appendix 5 - List of Major Items of Plant and services and List of Approved Subcontractors
Appendix 6 - Scope of Works and Supply by the Employer
Appendix 7 - List of Documents for Approval or Review
Appendix 8 - Functional Guarantees

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-6

Appendix 1 - Terms and Procedures of Payment

In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer shall pay the
Contractor in the following manner and at the following times, on the basis of the Price Breakdown
given in the section on Price Schedules. Payments will be made in the currencies quoted by the
Bidder unless otherwise agreed between the parties. Applications for payment in respect of part
deliveries may be made by the Contractor as work proceeds.

(A) Terms of Payment

1 - Plant and Equipment Supplied from Abroad

In respect of plant and equipment supplied from abroad, the following payments shall be made:

Ten percent (10%) of the total CIP amount as an advance payment against receipt of invoice and an
irrevocable advance payment security for the equivalent amount made out in favor of the Employer.
The advance payment security may be reduced in proportion to the value of the plant and equipment
shipped FOB or delivered to the site, as evidenced by shipping and delivery documents. The full
advance shall be recovered @15% per from supply bills of up to 80% of ordered quantity or till the
advance is fully recovered.

Sixty percent (60%) (or 70%, in case 10% Advance not taken by Contractor) upon delivery at site or
delivery to site against B.G, within 60 days after receipt of invoice (supply contract) of the total or pro
rata CIP or amount upon Incoterm “CIP,”.

Ten percent (10%) of the total or pro rata CIP or amount upon Incoterm “CIP,” upon receipt of
material at site within sixty (60) days and after receipt of invoice.

Ten percent (10%) of the total or pro rata CIP or amount upon issue of the Completion Certificate,
(after submission of verification / certification by Project Manager or his representative, that
equipment / material has been erected, tested and precommissioned) within sixty (60) days after
receipt of invoice.

Ten percent (10%) of the total or pro rata CIP or amount upon issue of the Operational Acceptance
Certificate (i.e, Taking over certificate of facilities) within sixty (60) days after receipt of invoice.

2 - Plant and Equipment Supplied from within the Employer’s Country

In respect of plant and equipment supplied from within the Employer’s country, the following
payments shall be made:

Ten percent (10%) of the total EXW amount as an advance payment against receipt of invoice, and
an irrevocable advance payment security for the equivalent amount made out in favor of the
Employer. The advance payment security may be reduced in proportion to the value of the plant and
equipment delivered to the site, as evidenced by shipping and delivery documents. The full advance
shall be recovered @15% per from supply bills of up to 80% of ordered quantity or till the advance is
fully recovered.

Sixty percent (60%) (or 70%, in case 10% Advance not taken by Contractor) upon delivery at site or
delivery to site against B.G, within 60 days after receipt of invoice (supply contract) of the total or pro
rata EXW amount upon Incoterm “EXW”.

Ten percent (10%) of the total or pro rata EXW amount upon Incoterm “EXW,” upon receipt of
material at site within sixty (60) days and after receipt of invoice.

Ten percent (10%) of the total or pro rata EXW amount upon issue of the Completion Certificate,
(after submission of verification / certification by Project Manager or his representative, that

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-7

equipment / material has been erected, tested and precommissioned) within sixty (60) days and after
receipt of invoice.

Ten percent (10%) of the total or pro rata EXW amount upon issue of the Operational Acceptance
Certificate (i.e, Taking over certificate of facilities) within sixty (60) days and after receipt of invoice.

3 -Inland Transportation and Inland Insurance Charges

Inland Transportation and insurance charges shall be paid to the contractor on pro-rata basis, as per
the unit rates indicated in the Notification of Award / Letter of Award, after receipt of equipment /
material at site and presentation of the invoices by the Contractor. However, these charges will be
subject to a limitation that the aggregate of all invoices does not exceed the total amount indicated in
the Notification of Award / Letter of Award.

4 - Installation and other Services (including Erection and Civil Works)

In respect of installation services for both the foreign and local currency portions, the following
payments shall be made:

Ten percent (10%) of the total installation and other services amount as an advance payment against
receipt of invoice and an irrevocable advance payment security for the equivalent amount made out in
favor of the Employer. The advance payment security may be reduced in proportion to the value of
work performed by the Contractor as evidenced by the invoices for installation services. The full
advance shall be recovered @15% per from supply bills of up to 80% of ordered quantity or till the
advance is fully recovered.

Seventy percent (70%) of the measured value of work performed by the Contractor, as identified in
the said Program of Performance, during the preceding month, as evidenced by the Employer’s
authorization of the Contractor’s application, will be made monthly within Sixty (60) days after receipt
of invoice.

Ten percent (10%) of the total or pro rata value of installation services performed by the Contractor as
evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the
Completion Certificate, within Sixty (60) days after receipt of invoice.

Ten percent (10%) of the total or pro rata value of installation services performed by the Contractor as
evidenced by the Employer’s authorization of the Contractor’s monthly applications, upon issue of the
Operational Acceptance Certificate (i.e. T.O.C. of facilities), within Sixty (60) days and after
receipt of invoice.

5-Taxes and Duties

(i) 100% of Taxes and duties applicable as per Indian Tax laws, in respect of transaction
between Employer and the contractor shall be paid on reimbursement basis by
Employer as per the Contract after receipt of material against submission of invoices
and documentary evidence as applicable. Payment towards taxes & duties shall be
released directly to the contractor.

In the event that the Employer fails to make any payment on its respective due date, the
Employer shall pay to the Contractor interest on the amount of such delayed payment at the

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-8

rate as applicable for 46 days term deposit scheme as established by State Bank of India for
Local Currency payment and 6 months London Inter Bank Offered Rate (LIBOR) for Foreign
currency payment.

(B) Payment Procedures

The procedures to be followed in applying for certification and making payments shall be as follows:

Payment shall be as per contract price schedule agreed based on unit rate. The final price schedule shall
be based on approved drawings & BOQ.

1. Application for Payment

The Contractor shall submit application for the payment.

Each such application shall state the amount claimed and shall set forth in detail, in the order of the
Payment Schedule, particulars of the Works including the Works executed at Site and of the equipment
shipped/brought on to the site pursuant to the Contract up to the date mentioned in the application and
for the period covered since the last preceding certificate, if any.

Every interim payment certificate shall certify the Contract value of the Works executed up to the date
mentioned in the application for the payment certificate, provided that no sum shall be included in any
interim payment certificate in respect of the works that, according to the decision of the Engineer, does
not comply with the Contract.

2. Mode of Payment
Payment due on receipt of equipment/ material at site shall be made by the Employer as per KfW
procedures directly or through Employer’s Bank to the Contractor as per the payment schedule.

The payment of test charges, if any, payment, taxes and duties (whenever admissible) inland
transportation (including port handling), insurance and the erection portion of the Works shall be made
direct to the Contractor by the Employer.

All payments under the Contract shall be made as stipulated in the Special Conditions of Contract after
signing the Contract Agreement. The payments linked with the dispatch of materials shall only be made
after production of all dispatch documents as specified below:-

Details of shipping and documents to be furnished by the Supplier shall be: For Goods supplied from
abroad as per Incoterms CIP :

Upon shipment, the Supplier shall notify the Employer and the Insurance Company by e-mail/fax, the full
details of the shipment including Contract number, description of Goods, quantity, the vessel name, the
bill of lading number and date, port of loading, date of shipment, port of discharge, etc. The Supplier shall
send the following documents to the Employer, with a copy to The Insurance Company:

(a) Three copies of the Supplier’s invoice showing t he description of the Goods, quantity, unit price,
and total amount;
(b) Original and Two copies of the negotiable, clean, on-board bill of lading marked “freight prepaid”
and Three copies of non-negotiable bill of lading;
(c) Three copies of the packing list identifying contents of each package;
(d) Insurance certificate;
(e) Manufacturer’s or Supplier’s warranty certificate;
(f) Inspection certificate, issued by the nominated officer / inspection agency, and the Supplier’s
factory inspection report; and

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-9

(g) Certificate of origin.

(h) Acceptance Certificate (Store Receipt Note) from site.

The Employer shall receive the above documents at least one week before Arrival of the Goods at the
port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses
incurred.

For Goods from within the Employer’s country as per Incoterm EXW.

Upon delivery of the Goods to the transporter, the Supplier shall notify the Employer and send the
following documents to the Employer:

(a) Three copies of the Supplier’s invoice showing the description of the Goods, quantity, unit price,
and total amount;
(b) Delivery note and Original L.R. Copy and Acceptance Certificate (Store Receipt Note) from site;
(c) Manufacturer’s or Supplier’s warranty certificate;
(d) inspection certificate issued by the nominated officer / inspection agency, and the Supplier’s
factory inspection report; and
(e) Certificate of origin.

The Employer shall receive the above documents at least one week before Arrival of the Goods at the
port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses
incurred.

Progressive payments linked with erection shall only be made after the issue of certificates by the Project
Engineer, one for the quantum of work completed and the other for the successful completion of quality
check points involved in the quantum of work billed.

3. Inland Transportation & Insurance

Inland transportation (including port handling) and inland insurance charges shall be paid to the Contractor
on pro-rata to the value of the equipment received at site and on production of the invoices by the
Contractor. However, wherever equipment wise inland transportation charges have been called for in the ‘Bid
Proposal Sheets’ and have been furnished by the Contractor, the payment of inland transportation charges
shall be made after receipt of equipment at site based on the charges thus identified by the Contractor in his
Proposal and incorporated in the Contract. The aggregate of all such pro-rata payments shall however not
exceed the total amounts quoted by the Bidder in his bid and incorporated in the Contract.

4. Payment of Advance:

Advance (Optional*) shall be paid on presentation of the following:

a) Contractor's unconditional acknowledgement of the respective Notification of Award and execution of
respective contract agreement.
b) Contractor's invoice.
c) An unconditional & irrevocable Bank Guarantee for the equivalent amount of advance.
e) An unconditional & irrevocable Bank Guarantee for Ten percent (10%) of the total Contract price towards
contract Performance guarantee
f) Submission of detailed PERT/ BAR chart / Program of Performance and its approval by the Employer.
g) Submission of certificate of establishing of contractors’site office (s) at respective site (s).(for advance
against service contract only).

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-10

5. Taxes and Duties :

(a) All rates/ prices must be quoted for delivery F.O.R. destination anywhere in Rajasthan. Unless
otherwise specifically indicated in the schedule of prices, requirement and desired deliveries,
the material may be required to be dispatched to any Railway Station(s) or any other
destination in Rajasthan. Bidder shall indicate separately in their bid the Ex-Works Price, GST
(IGST/CGST & SGST) with their applicable rates. Bidder shall also indicate in their bid Freight
& Insurance charges inclusive of all applicable taxes& Duties except GST. GST (IGST/CGST &
SGST) with their applicable rates on F&I shall be indicated separately.

(b) The Rajasthan Rajya Vidyut Prasaran Nigam Ltd., is registered under GST law in the Rajasthan
State vide No. 08AABCR8312A1ZT and all the provisions of the GST law related to supply of Goods
and Services are applicable.

(c) If it is statutory requirement to make any deductions towards taxes and duties, the same shall be
made by the RVPN and a certificate as per statutory requirement for the same shall be issued to the
supplier.

(d) Following Certificate is required to be furnished at the time of submission of bills for
calming payment:
 

Goods and service Tax ( IGST/CGST&SGST) Certificate

GST Invoice No.:-

(i) Certified further that we ……………………….…are registered under GST as dealers in the
state of ……under registration No. ….. for the purpose of GST (IGST/CGST & SGST).

(ii) Certified that the goods on which GST(IGST/CGST & SGST) has been charged have not
been examined under the applicable GST law and that the charges on account of GST on
these goods are correct under the provisions of the relevant act or the rules made there
under the GST has been deposited /to be deposited by us to the related authority. Nigam
will not be responsible for the payment of GST to the related authority unless specified by
GST Law.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-11

Appendix 2 - Price Escalation

Prices payable to the Contractor, in accordance with the Contract, shall be subject to adjustment
during performance of the Contract to reflect changes in the cost of labor and material components, in
accordance with the formulae given in Annexure-A:

Conditions Applicable To Price Adjustment

The Bidder shall indicate the source of labor and materials indices and the base date indices in its
bid. In case, the source of indices is not mentioned or indices not available in the mentioned source
then the indices as per IEEMA shall be applicable and the price variation shall be computed in terms
of Indian Rupees and then shall be converted into the currency in which payment of the equipment is
to be made.

A. For Equipment Price Component:

Reference IEEMA Circular Value of Base

IEEMA Price showing values Indices
Source of Variation of various base
Indices Circular to indices ( One
Sl. Used be enclosed Month Prior to
Name of Materials
No. other date of opening
then of Techno-
IEEMA Commercial
Part of Bid) to
be enclosed
1 2 3 4 5 6
To be
filled by
bidder
I. Yes/ No Yes/ No SBLo
For Tower Parts
SBIo
Zno
Wo
For GI Bolts & Nuts, GI Yes/ No Yes/ No SBLo
II. Step Bolts & Nuts and
Zno
Electro Galvanised
Spring Washers Wo
Yes/ No Yes/ No Go=
For G.S. Earthwire
III.

Note :-

(1) The base date shall be one Month Prior to date of opening of Techno-Commercial Part of Bid.
(2) The bidder should indicate in the bid the source and authenticity of the indices (tabulated above) for
price adjustment and it should be widely adopted and accepted in bidder’s country other wise IEEMA
indices shall be applicable.
(3) Formula for price adjustment shall be applicable as detailed in Annexure-A.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-12

B. For Erection Price Component:

S. No. Name of Materials Value of Name of the published Value of index as

co- index one month prior
efficient to the due date of
opening of
Techno-
Commercial Part
of bid
1 2 3 4 5
1. For Erection Price Component (including civil works but excluding ‘supply & placement of
reinforcement steel’, ‘concreting’, survey and aviation signal )
i.) Rate for Diesel Oil as published 0.22 IOC Circular
by Indian Oil Corporation which
has jurisdiction over the place of
work.
ii.) Indian field Labour index-namely 0.58 All India CPI Index for
All India Consumer Price Index Industrial workers as
for industrial workers as published by Labour
published by Labour Bureau, Bureau, Shimla (GoI) &
Shimla (Govt. of India). circulated by IEEMA
2. Supply & Placement of
Reinforcement Steel
i) Rate for Diesel Oil as published 0.10 IOC Circular
by Indian Oil Corporation which
has jurisdiction over the place of
work.
ii) Indian field Labour index-namely 0.05 All India CPI Index for
All India Consumer Price Index Industrial workers as
for industrial workers as published by Labour
published by Labour Bureau, Bureau, Shimla (GoI) &
Shimla (Govt. of India). circulated by IEEMA
B Whole sale Price Index number 0.65 as published by office of
for ‘Ferrous Metals’ (Group Item) Economic Advisor, Ministry
(monthly) (Base 2004-05=100) of Commerce & Industry
on their website
www.eaindustry.nic.in
3. For Concreting
i) Rate for Diesel Oil as published 0.20 IOC Circular
by Indian Oil Corporation which
has jurisdiction over the place of
work.
ii) Indian field Labour index-namely 0.10 All India CPI Index for
All India Consumer Price Index Industrial workers as
for industrial workers as published by Labour
published by Labour Bureau, Bureau, Shimla (GoI) &
Shimla (Govt. of India). circulated by IEEMA
iii) Whole sale Price Index number 0.30 as published by office of
for ‘Cement & Lime’ (Group Item) Economic Advisor, Ministry
(monthly) (Base 2004-05=100) of Commerce & Industry
on their website
www.eaindustry.nic.in
iv) Whole sale Price Index numbers 0.20 as published by office of
for ‘Structural Clay Products’ Economic Advisor, Ministry
(Group Item) (monthly) (Base of Commerce & Industry
2004-05=100) on their website
www.eaindustry.nic.in
Note :-
(1) The base date shall be one Month Prior to date of opening of Techno-Commercial Part of Bid.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-13

Annexure-B

PRICE ADJUSTMENT/PRICE BASIS

1.0 GENERAL

1.1 The Bidder shall quote base price for the ex-works price of the equipment/materials
and erection price components. These price components paid by the Owner for
certain equipment/materials, as specified, shall be subject to price adjustment to
reflect changes in the cost of labour and material components as per the price
adjustment provisions contained herein.

1.2 The ex-works components of Disc Insulators, Hardwares Fittings and Line
Accessories OPGW, tower accessories such as danger plates, phase plates,
number plates, anti climbing devices, pipe and counterpoise earthing, aviation
signals/aids, bird guards etc. and other items not specifically mentioned below shall
remain firm and no price adjustment, whatsoever, shall be applicable for the price
component of these items. Further, prices for survey activity, type test, freight &
insurance and other charges, if any, shall be firm and no price adjustment shall be
applicable for these price components.

1.3 The ex-works prices of the main equipment viz., Towers, GI bolts & nuts, GI step
bolts & nuts, Electo-galvanised spring washers, GSS earth wire & conductor and
Erection Price Component (including charges for civil works) shall be subject to
price adjustment as per the details given hereunder.

2.0 FOR EX-WORKS PRICE COMPONENT

2.1 The formula for calculating the price adjustment to be applied to the Ex-works price
component of the main equipment will be as follows:

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-14

B. FOR GSS EARTH WIRE

The price adjustment on the Ex-works price component of Earthwire shall be as

follows:-

FORMULA:-

P1 = Po + 0.575 x [G1 – G0]

Where P1 is the price adjustment amount payable on ex-works prices of Earth Wire
despatch-wise.

P0 = Ex-works price component Earthwire despatch-wise.

G= The basic cost of high tensile galvanized wire [the average price of high
tensile galvanized steel wire of size 3.66 mm dia. (published for size 2.79 to
4.09 mm)] as declared by Cable and Conductor Manufacturer`s Association
of India.

Subscript '0' refers to indices as on 30 days prior to date of bid opening (referred to
as base date indices),

Subscript '1' refers to indices as on date of despetch (date of despetch as defined at

para 4.0).

(I). Towers (Including Bolts & Nuts)

EC1 = EC0 [0.15 + a x (A1/A0) + b x B1/B0) + l x (L1/L0)] – EC0

Where, EC1 is the price adjustment amount payable on ex-works prices of Towers
(complete), shipment-wise.

EC0 = Ex-works price component of Towers (complete) despatch-wise.

A = Price of Steel Blooms of size 150 mm x 150 mm, as published by IEEMA.

B = Price for Electrolytic High Grade Zinc, as published by IEEMA.

L = Indian field labour index – namely All India average consumer price index
for Industrial Workers (monthly) (Base: 2001= 100), as published by
Labour Bureau, Shimla, Government of India (www.labourbureau.nic.in).

a = Co-efficient of Steel Blooms, Value of which shall be between 0.51 &

0.57.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-15

b = Co-efficient of Zinc, Value of which shall be between 0.08 & 0.10

l = Co-efficient of labour, Value of which shall be between 0.20 & 0.24.

and the sum of a, b & l shall be 0.85.

Note: i) Subscript '0' refers to indices for material & labour on 1st working day of
the month, one month prior to the date of bid opening (referred to as
base date indices).

ii) Subscript '1' refers to indices for material & labour as on 1st working day of
the month, two months prior to the date of dispatch (date of dispatch as
defined in the bidding document).

(II). Installation Price Component for Foundation Items

ER1 = ER0 [0.20 + a x (A1/A0) + b x (B1/B0) + c x (C1/C0) + d x (D1/D0) + l x (L1/L0)] - ER0

Where,

ER1 = Price adjustment amount payable on Installation price component for

completed Foundation Items in each monthly billing.

ER0 = Value of completed Foundation items in the billing period as established by

Contract.

A = Wholesale Price Index Number for `High Speed Diesel’(Individual Commodity)

(monthly) (Base: 2004-05=100), as published by Office of Economic Advisor,
Ministry of Commerce & Industry(www.eaindustry.nic.in).

B = Wholesale Price Index Number for `Ferrous Metals’(Group Item) (monthly)

(Base: 2004-05=100), as published by Office of Economic Advisor, Ministry of
Commerce & Industry(www.eaindustry.nic.in).

C = Wholesale Price Index Number for `Cement & Lime’(Group Item) (monthly)
(Base: 2004-05=100), as published by Office of Economic Advisor, Ministry of
Commerce & Industry (www.eaindustry.nic.in).

D = Wholesale Price Index Number for `Structural Clay Products’(Group Item)

(monthly) (Base: 2004-05=100), as published by Office of Economic Advisor,
Ministry of Commerce & Industry(www.eaindustry.nic.in).

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-16

L = Indian field labour index – namely All India average consumer price index for
Industrial Workers (monthly) (Base: 2001= 100), as published by Labour
Bureau, Shimla, Government of India (www.labourbureau.nic.in).

Where,

a = Co-efficient of ‘High Speed Diesel Oil’

b = Co-efficient of ‘Ferrous Metal’

c = Co-efficient of ‘Cement & Lime’

d = Co-efficient of ‘Structural Clay products’

l = Co-efficient of labour.

and the sum of a, b, c, d & l shall be 0.80.

(III). Other Items [including Civil Works but excluding ‘Supply & Placement of
Reinforcement Steel’, ‘Concreting’, Survey, Soil investigation and aviation signal
for river crossing towers (if any)]

ER1 = ER0 [0.20 + a x (A1/A0) + l x (L1/L0)] - ER0

Where,

ER1 = Price adjustment amount payable on Installation price component (excluding

supply & placement of steel and concreting) for completed erection items in each monthly
billing.

ER0 = Value of completed erection items in the billing period as established by

Contract.

A = Wholesale Price Index Number for `High Speed Diesel’(Individual Commodity)

(monthly) (Base: 2004-05=100), as published by Office of Economic Advisor, Ministry of
Commerce & Industry(www.eaindustry.nic.in).

L = Indian field labour index – namely All India average consumer price index for
Industrial Workers (monthly) (Base: 2001= 100), as published by Labour Bureau, Shimla,
Government of India (www.labourbureau.nic.in).

Where,

a = Co-efficient of ‘High Speed Diesel Oil’, Value of which shall be between 0.20 & 0.24.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-17

l = Co-efficient of labour, Value of which shall be between 0.56 & 0.60.

and the sum of a & l shall be 0.80.

3.2 In the above price adjustment formulae, subscript ‘0’ refers to indices as applicable on 30
days prior to date of bid opening (referred to as base date indices) and subscript ‘1’ will
correspond to billing period (billing period as defined at para 4.0).

3.0 The above price adjustment provision shall be invoked by either party subject to the
following further conditions:

a) For the Purpose of Price Adjustment,

On Ex-Works Prices:
The date of despatch means the date on which the material is notified as being
ready for inspection (date of receipt of inspection call by Nigam), scheduled date of
despatch or actual date of dispatch or actual date of erection (If falling after
contractual completion period), whichever is beneficial to the Nigam. Scheduled
date of despatch will be FOB/Ex-work date of despatch, governed by the accepted
Bar Chart/PERT Network for supplies wherein supply schedule for main equipment/
Items, cables, structures etc. will be indicated. Further, no price increase shall be
allowed beyond the original delivery dates unless specifically stated in the Time
Extension Letter, if any, issued by the Owner. The Owner will, however, be entitled
to any decrease in the Contract Price which may be caused due to lower price
adjustment amount in case of delivery of Goods beyond the original delivery dates.
Therefore, in case of delivery of Goods beyond the original delivery dates, the
liability of the Owner shall be limited to the lower of the price adjustment amount
which may work out either on date on which the material is notified as being ready
for inspection (date of receipt of inspection call by Nigam) or schedule date or actual
date of despatch of Goods or actual date of erection (If falling after contractual
completion period).

On Erection Charges (Including Civil Works):

For the purpose of price adjustment, the billing period shall mean the billing period
as per Contract time schedule i.e., the agreed Bar Chart or actual period, whichever
is beneficial to the Nigam. The Billing period for various erection activities will be as
per agreed erection Bar Chart indicating monthly schedule of erection activities for
completion of works. Further, no price increase shall be allowed beyond the original
erection dates unless specifically stated in the Time Extension letter, if any, issued
by the Owner. The Owner will, however, be entitled to any decrease in the Contract
Price which may be caused due to lower price adjustment amount in case of delays
beyond the original erection dates. Therefore, in case of delays beyond the original
erection dates, the liability of the Owner shall be limited to lower of the price
adjustment amount which may work out either on schedule date or actual date of
erection (including civil works).

b) Price Adjustment Ceiling:

1. Ex-Works Component:

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-18

The total adjustment for Towers, GI bolts & nuts, GI step bolts & nuts, Electo-
galvanised spring washers and GSS earth wire shall not be subject to any ceiling
whatsoever individually of the respective Ex-works prices of Towers, GI bolts & nuts,
GI step bolts & nuts, Electo-galvanised spring washers and GSS earth wire.

2. Erection Price Component:

The total price adjustment for Erection (including charges for civil works) Price Component
shall not be subject to any ceiling whatsoever.

c) In case of non-publication of applicable indices on a particular date, which happens

to be the applicable date for Price Adjustment purposes, the published indices
prevailing immediately prior to the particular date shall be applicable.

d) If the Price Adjustment amount works out to be positive, the same is payable to the
Contractor by the Owner and if it works out to be negative, the same is to be
recovered by the Owner from the Contractor.

e) The Contractor shall promptly submit price adjustment invoices on monthly basis,
whether such adjustment is positive or negative.

f) If the currency in which the Contract price, P0, is expressed is different from the currency of
the country of origin of the labor and/or materials indices, a correction factor will be applied
to avoid incorrect adjustments of the Contract price. The correction factor shall correspond
to the ratio of exchange rates between the two currencies on the base date and the date for
adjustment as defined above.
.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-19

Appendix 3 - Insurance Requirements

(A) Insurances To Be Taken Out By The Contractor

In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense
take out and maintain in effect, or cause to be taken out and maintained in effect, during the
performance of the Contract, the insurances set forth below in the sums and with the
deductibles and other conditions specified. The identity of the insurers and the form of the
policies shall be subject to the approval of the Employer, such approval not to be
unreasonably withheld.

(a) Cargo Insurance

Covering loss or damage occurring, while in transit from the supplier’s or manufacturer’s
works or stores until arrival at the Site, to the Facilities (including spare parts therefore) and
to the construction equipment to be provided by the Contractor or its Subcontractors.

Deductible
Amount Parties insured From To
limits
[in [in
[names] [place] [place]
currency(ies)] currency(ies)]
140% of the (Ex- NIL Contractor & Warehouse Site
works value/CIF Employer destination
Indian Port of Entry
value/ CIP Entry
Border Point value)

(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to completion
of the Facilities, with an extended maintenance coverage for the Contractor’s liability in
respect of any loss or damage occurring during the defect liability period while the
Contractor is on the Site for the purpose of performing its obligations during the defect
liability period.

Deductible
Amount Parties insured From To
limits
[in [in
[names] [place] [place]
currency(ies)] currency(ies)]
140% of the NIL Contractor/ Receipt Up to
(Contract Price) Sub-contractor & at site Defect
Employer Liability
period

(c) Third Party Liability Insurance

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-20

Covering bodily injury or death suffered by third parties (including the Employer’s personnel)
and loss of or damage to property (including the Employer’s property and any parts of the
Facilities that have been accepted by the Employer) occurring in connection with the supply
and installation of the Facilities.

Deductible
Amount Parties insured From To
limits
[in [in
[names] [place] [place]
currency(ies)] currency(ies)]
Rs. 0.5 million per NIL Contractor/ Commencement Up to
person per Sub-contractor of work Defect
occasion Liability
period
(d) Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its Subcontractors (whether or not
owned by them) in connection with the supply and installation of the Facilities.
Comprehensive insurance in accordance with statutory requirements.

(e) Workers’ Compensation

In accordance with the statutory requirements applicable in any country where the Facilities
or any part thereof is executed.

(f) Employer’s Liability

In accordance with the statutory requirements applicable in any country where the Facilities
or any part thereof is executed.

(g) Other Insurances

The Contractor is also required to take out and maintain at its own cost the following
insurances:

Details:

Deductible
Amount Parties insured From To
limits
[in [in
[names] [place] [place]
currency(ies)] currency(ies)]
To be indicated by NIL Contractor/ Receipt at Upto
the Contractor Sub-contractor & site Defect
Employer Liability
period

The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers’
Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors
shall be named as co-insureds under all insurance policies taken out by the Contractor
pursuant to GCC Sub-Clause 34.1, except for the Cargo, Workers’ Compensation and
Employer’s Liability Insurances. All insurer’s rights of subrogation against such co-insureds
for losses or claims arising out of the performance of the Contract shall be waived under
such policies.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-21

(B) Insurances To Be Taken Out By The Employer

The Employer shall at its expense take out and maintain in effect during the performance of
the Contract the following insurances.

Details:

Deductible
Amount Parties insured From To
limits
[in [in
[names] [place] [place]
currency(ies)] currency(ies)]
- NIL -

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-22

Appendix 4 - Time Schedule

The Completion Schedule shall be as follows:

Sl. No. Completion (Taking Over) of: Duration in days from the
effective date of Contract

1 CONSTRUCTION OF 360 days

Construction of 220kV D/C

Akal-Jaisalmer-2line –
75kMs.  

1. The Time for Completion of the whole of the Facilities shall be Three Hundred Sixty Days
(360) days from the Effective Date as described in the Contract Agreement.

Time- The Essence of Contract

The time and the date of completion of the contract as stipulated in the contract by the
employer without or with modifications, if any, and so incorporated in the letter of Award,
shall be deemed to be the essence of the Contract. The contractor shall so organize his
resources and perform his work on facilities so as to complete it not later than the date
agreed to.

The contractor shall submit a detailed PERT network/bar chart within the time frame agreed
consisting of adequate number of activities covering various key phases of the work such as
design, procurement, manufacturing , shipment and field erection activities within fifteen
(15) days of the date of Notice of Award of contract. This network shall also indicate the
interface facilities to be provided by the employer and the dates by which such facilities are
needed. The contractor shall discuss the network so submitted with the employer and the
agreed network shall form part of the contract documents. As provided in the clause of
Terms of payment in this part finalization of the network/BAR charts will be precondition to
release of any initial advance to the contractor. During the performance of the contract, if in
the opinion of the Engineer, proper progress is not maintained, suitable changes shall be
made in the contractor's operations to ensure proper progress without any cost implication
to the employer. The interface facilities to be provided by the employer in accordance with
the agreed network shall also be reviewed while reviewing the progress of the contractor.

Based on the above agreed network/bar chart fortnightly reports shall be submitted by the
Contractor as directed by the Engineer.

Subsequent to the finalization of the network, the contractor shall make available to the
Engineer a detailed manufacturing programme, in line with the agreed contract network
such manufacturing programme shall be reviewed, updated and submitted to the Engineer
once every two months thereafter.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-23

The above bar charts/manufacturing programme shall be compatible with the Employer's
computer environment and furnished to the Employer on such media as may be desired by
the Employer.

Completion of Contract
Unless otherwise terminated under the provisions of any other relevant clause, this contract
shall be deemed to have been completed on the expiry of the guarantee period.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-24

Appendix 5 - List of Major Items of Plant and Services and List of Approved
Subcontractors

A list of major items of plant and services is provided below.

The following Subcontractors and/or manufacturers are approved for carrying out the item of
the facilities indicated. Where more than one Subcontractor is listed, the Contractor is free
to choose between them, but it must notify the Employer of its choice in good time prior to
appointing any selected Subcontractor. In accordance with GCC Sub-Clause 19.1, the
Contractor is free to submit proposals for Subcontractors for additional items from time to
time. No Subcontracts shall be placed with any such Subcontractors for additional items
until the Subcontractors have been approved in writing by the Employer and their names
have been added to this list of Approved Subcontractors.

Major Items of
Approved
Plant and Nationality
Subcontractors/Manufacturers
Services

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-25

Appendix 6 - Scope of Works and Supply by the Employer

The following personnel, facilities, works and supplies will be provided/supplied by the
Employer, and the provisions of GCC Clauses 10, 21 and 24 shall apply as appropriate.

All personnel, facilities, works and supplies will be provided by the Employer in good time so
as not to delay the performance of the Contractor, in accordance with the approved Time
Schedule and Program of Performance pursuant to GCC Sub-Clause 18.2.

Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free
of charge to the Contractor.

Personnel Charge to Contractor (if any)

NIL NIL

Facilities Charge to Contractor (if any)

NIL NIL

Works Charge to Contractor (if any)

Land for Contractor’s Store, Workshop etc. None except as noted *

Supplies Charge to Contractor (if any)

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-26

Appendix 7 - List of Documents for Approval or Review

Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its
Subcontractor to prepare, and present to the Project Manager in accordance with the
requirements of GCC Sub-Clause 18.2 (Program of Performance), the following documents
for

(A) Approval

1. Drawings and Bill of material of all types of towers and their body extensions after
proto assembly.
2. Sag Tension Calculation, Tower Spotting data, Sag Template Curve.
3. Manufacturing quality plan of all items.
4. Design of tower extensions, special tower and foundation not available with
owner.
5. Foundation drawings.
6. Drawing and GTPs of all items.
7. Field Quality Plan.
8. Stringing chart.
9. Foundation classification on the basis of Soil investigation report.
10. Approval/waival of type tests reports of all items.
11. Tower testing of any new design.
12. Drum Schedule for OPGW.
13. Submission of MAS account and Tower Schedule.

(B) Review

1. Fortnightly Progress Review Meeting

2. Quarterly Material Re-conciliation statement

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-27

Appendix 8 - Functional Guarantees

1. General
This Appendix sets out

(a) the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)

(b) the preconditions to the validity of the functional guarantees, either in production
and/or consumption, set forth below

(c) the minimum level of the functional guarantees

(d) the formula for calculation of liquidated damages for failure to attain the
functional guarantees.

2 Preconditions
After completion of the works, final checking of the line shall be done by the contractor to
ensure that all the foundation works, tower erection, and stringing have been done strictly
according to the specifications and as approved by the Owner. All the works shall be
thoroughly inspected keeping in view of the following main points.

(a) Sufficient backfilled earth is lying over each foundation pit and it is adequately
compacted.

(b) Concreted chimneys and their copings are in good finally shaped conditions.

(c) All the tower members are correctly used, strictly according to final approved
drawings and are free from any defect or damage whatsoever.

(d) All bolts are properly tightened and punched/and tack welded (as specified).

(e) The stringing of the conductors and ground -wire has been done as per the
approved sag and tension charts and desired clearances are clearly available.

(f) All conductor and ground -wire accessories are properly installed.

(g) All other requirements to complete the work like fixing of danger plate, phase plates.
number plate, circuit plates, anti- climbing device, bird guard, aviation aids/signal
(wherever required) etc. are properly installed.

(h) Wherever required, it should be ensured that revetment is provided.

(i) The original tracings of profile, route alignment and tower design, structural
drawings, bill of material, shop drawings of all towers, MAS account, Final BoQ,
Tower Schedule are submitted to the Owner for reference and record.
(j) The insulation of line as a whole is tested by the contractor by providing own
equipment, labour etc. to the satisfaction of the Owner.

(k) The line is tested satisfactorily for commissioning purpose.

(l) The right of way all along the route of line is clear of all obstruction and meet
requirements of Clause No.5.3 of IS:5613(Part-3/Section-2).

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-28

(m) In addition to the tests stipulated in IS:5613(Part-3 /Section 2) the tower footing
resistance at the locations decided by the Owner, shall be measured. All
arrangements for testing shall be made by the Contractor and the necessary labour,
transport and equipment shall be provided by him.

(n) Any defects found as a result of testing shall be rectified by the contractor forthwith
to the satisfaction of the Owner without any extra charges.

(o) Before taking over of the line by the Owner, the line shall be energized at full
working voltage.

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-29

Appendix 9 - Standard Form of an Advance Payment Bond

Address of guarantor bank: …………………………………………………………………
………………………………………………………………….
…………………………………………………………………..

Address of beneficiary (contracting agency):

………………………………………………………………….
…………………………………………………………………..
…………………………………………………………………..

On ...................................... you concluded with ................................................. ("Contractor") a

contract for ................................................................. (project, object of contract) at a
price of .................................................................

In accordance with the provisions of the contract the Contractor receives an advance pay- ment
in the amount of …………………….., which represents ……………… % of the order
value.

We, the undersigned ……………………….. (Guarantor), waiving all objections and defences
under the aforementioned contract, hereby irrevocably and independently guarantee to
pay on your first written demand any amount advanced to the Contractor up to a total of
............................................................... (in words:
................................................................................) against your written declaration that
the Contractor has failed to duly perform the aforementioned contract.

This guarantee shall come into force and effect as soon as the advance payment has been
credited to the account of the Contractor.

In the event of any claim under this guarantee, payment shall be effected to KfW, Frankfurt am
Main (BIC: KFWIDEFF, BLZ 500 204 00), account no. 38 000 000 00 (IBAN: DE53 5002
0400 3800 0000 00) for account of ............................................... (contracting
agency/project-executing agency).

This guarantee shall expire no later than …………………………………….

By this date we must have received any claims for payment by letter or encoded telecommu-
nication.

It is understood that you will return this guarantee to us on expiry or after payment of the total
amount to be claimed hereunder.

This guarantee is governed by the laws of ……………………….

........................................................... .................................................

Place, date Guarantor

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-30

Standard Form of a Performance Bond

Address of guarantor bank: …………………………………………………………………
………………………………………………………………….
…………………………………………………………………..

Address of beneficiary (contracting agency):

………………………………………………………………….
…………………………………………………………………..
…………………………………………………………………..

On ...................................... you concluded with ................................................. ("Contractor") a

contract for ................................................................. (project, object of contract) at a
price of .................................................................

In accordance with the provisions of the contract the Contractor is obligated to provide a per-
formance bond for … % of the contract price.

We, the undersigned ……………………….. (Guarantor), waiving all objections and defences
under the aforementioned contract, hereby irrevocably and independently guarantee to
pay on your first written demand an amount up to a total of
............................................................... (in words:
................................................................................)

against your written declaration that the Contractor has failed to duly perform the aforemen-
tioned contract.

In the event of any claim under this guarantee, payment shall be effected to KfW, Frankfurt am
Main (BIC: KFWIDEFF, BLZ 500 204 00), account no. 38 000 000 00 (IBAN: DE53 5002
0400 3800 0000 00) for account of ............................................... (project- executing
agency/purchaser).

This guarantee shall expire no later than …………………………………….

By this date we must have received any claims for payment by letter or encoded telecommu-
nication.

It is understood that you will return this guarantee to us on expiry or after payment of the total
amount to be claimed hereunder.

This guarantee is governed by the laws of ……………………….

........................................................... .................................................

Place, date Guarantor

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
Section 9 – Contract Forms 9-31

Appendix 10 - Declaration of Undertaking

We underscore the importance of a free, fair and competitive procurement process that
precludes abusive practices. In this respect we have neither offered nor granted directly or
indirectly any inadmissible advantages to any public servant or other person nor accepted
such advantages in connection with our bid, nor will we offer or grant or accept any such
incentives or conditions in the present procurement process or, in the event that we are
awarded the contract, in the subsequent execution of the contract. We also declare that no
conflict of interest exists in the meaning of the kind described in the corresponding
Guidelines6.
We also underscore the importance of adhering to environmental and social standards in the
implementation of the project. We undertake to comply with applicable labour laws and the
Core Labour Standards of the International Labour Organization (ILO) as well as national
and applicable international standards of environmental protection and health and safety
standards.
We will inform our staff about their respective obligations and about their obligation to fulfil
this declaration of undertaking and to obey the laws of the country of India.

We also declare that our company/all members of the consortium has/have not been
included in the list of sanctions of the United Nations, nor of the EU, nor of the German
Government, nor in any other list of sanctions and affirm that our company/all members of
the consortium will immediately inform the client and KfW if this situation should occur at a
later stage.

We acknowledge that, in the event that our company (or a member of the consortium) is
added to a list of sanctions that is legally binding on the client and/or KfW, the client is
entitled to exclude our company/the consortium from the procurement procedure and, if the
contract is awarded to our company/the consortium, to terminate the contract immediately if
the statements made in the Declaration of Undertaking were objectively false or the reason
for exclusion occurs after the Declaration of Undertaking has been issued..

.............................. ................... .......................................................

(Place) (Date) (Name of company)

.......................................................

(Signature(s))

Bidding Document for RVPN/KfW/ICB-7 Rajasthan Rajya Vidyut Prasaran Nigam Limited
RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED

TECHNICAL SPECIFICATION

FOR

CONSTRUCTION OF FOLLOWING TRANSMISSION LINES

(1) 220 kV D/C Transmission line

(2) 132KV D/C Transmission line

TURNKEY PROJECT

UNDER SPECIFICATION No. RVPN/KfW/ICB-6

1
 TECHNICAL SPECIFICATION FOR ERECTION, TESTING AND
COMMISSIONING OF TRANSMISSION LINES ON TURNKEY BASIS
(Supply of material)

1.0 SCOPE

a) This specification covers for erection and commissioning of transmission lines

covered in the specification on turnkey basis i.e. fabrication, galvanization and delivery
of the transmission line supporting structure( towers) for 220KV / 132KV lines
complete in all respect including U-bolts with nuts, hangers with nuts and bolts, D-
Shackles, with nuts and bolts, links , bird guards, bird flappers of appropriate design if
identified during the ESAI study for given line sections as a necessary accessory , anti-
climbing devices, flat washers etc. The scope also covers supply of other line material
like earth wire, insulator, hardwares, accessories, nuts, bolts etc. (as per the bidding
schedules) and also survey, check survey , foundation , erection, testing and
commissioning of 220kV /132KV transmission line.

The bidder shall fabricate proto type towers, one each of all types of required
towers, body extensions & stub setting templates and get inspected for checking of
fabrication accuracy i.e. dimensions and angles etc. and workmanship by the purchaser's
representative.

b) The provisional quantities of fabricated & galvanized steel, bolts and nuts as per
specification required for towers, concrete, excavation volume and reinforcement
steel for foundation and other items are given in the respective price schedule.
However the work shall be executed as per approved construction drawings.

c) The various works are described in the various chapters of this specification.

d) The unit rates quoted shall include minor items/details which are obviously and
fairly intended, and which may not have been included in these documents but are
essential for the satisfactory completion of the various works.

e) The unit rate quoted shall be inclusive of deployment of all plant equipment, men,
material, skilled and unskilled labour etc. essential for satisfactory completion of
various works.

f) All measurements for payment shall be in S.I. units. Lengths shall be measured in
metres corrected to two decimal places. Areas shall be computed in square metres and
volume in cubic metres, rounded off to two decimals.

g) The item of pack washers, D-shackles, hangers and special bolts shall be the part of
the tower material.

h) The scope of bidder also includes manufacturing, engineering, inspection at

manufacturer's works for supply of material at site i.e. Disc insulators, GSS
Earthwire, hardware fittings for conductor and earthwire and other line accessories etc.

Bidder shall clearly indicate in their offer, the source from where they propose
to procure these materials . However, the overall responsibility shall be of the
Contractor and he shall be responsible for the quality and workmanship of the material
etc.

i) All the raw materials such as steel, zinc for galvanising, reinforcement steel and
cement for tower foundations, coke and salt for tower earthing etc., bolts, nuts,
washers, D-Shackles, hangers, links, danger plates, phase plate, number plates, circuit
plates, bird guard, anti-climbing devices etc, required for tower manufacture and
erection shall be included in the Contractor's scope of supply. Bidder shall clearly
indicate in the offer, the sources from where he proposes to procure the raw materials
and the components.

2
 The following 220kV/132kV transmission lines are included in the scope of work:-

(1) 220 kV D/C Transmission line

(2) 132KV D/C Transmission line
2. STANDARDS:

The Indian Standard Specifications(IS) mentioned below as amended upto date shall be
applicable for the materials to be utilized on 220 kV and 132kV transmission line on
self supported structure on turnkey basis:

-------------------------------------------------------------
S.NO. INDIAN STANDARD TITLE
-------------------------------------------------------------
1. IS:2062-1988 Weldable structural steel.

2. IS:802 Code of practice for use

Of structural steel in
Overhead transmission line
Towers (part-I-Load and
Permissible prices.
part-II-Fabrication
galvanising,inspection and
packing,part-III-Testing).

3. IS:808 Dimensions for hot rolled

steel beave,column channel
and angle sections.

4. IS:4759-1968 Hot-Dip Zinc Coating on

Structural Steel and Other
Allied Products.

5. IS:6639 Hexagonal bolts for

steel/IS: 12427
structures/transmission
tower bolts.

6. IS:12427 Transmission tower bolts.

7. IS:10238 Stay bolts for steel

structures.

8. IS:1367 Technical supply

conditions for
threaded steel fasteners.

Part-III Mechanical properties &

Test methods for bolts,
Screws & studs
with fully loadability.

Part-VI Mechanical properties &

Test methods for nuts
with full loadability.

9. IS:2016 Plain Washers.

3
10. IS:5369 General requirement for
plain washer and lock
washers.

11. IS:4072 Steel for spring washers.

12. IS:3063 Single Coil Rectangular

Section, Spring Washers
for Bolts, Nuts & Screws.

13. IS:6821 Methods for sampling

Nonthreaded washers.

14. IS:1573 Electro plated coating for

zinc on iron and steel.

15. IS:2486 Insulator fittings for

Overhead tower lines with
a nominal voltage
greater than 1000V(Part-I
general requirements and
tests,Part-II
dimensional requirements,
Part-III locking devices,
Part-IV tests for
locking devices).

16. IS-2004 Carbon steel forging for

General engineering
purposes.

17. IS-2633 Methods of Testing

Uniformity of Coating on
Zinc Coated Articles.

18. IS-2121 Conductors and earthwire

accessories for overhead
powerlines(Part-I armour
rods,binding wires and
tape for conductors,
Part-II mid span joints
and repair sleeves for
conductors.

19. IS-9708 Stock-bridge vibration

dampers for overhead
lines.

20. IS-731 Porcelen insulators for

Overhead power lines with
a nominal voltage
of greater than 1000 V.

21. IS-3188 Characteristics of string

Insulators units.

22. IS-2141 Galvanised stay string.

23. IS-398 Aluminium conductors for

Overhead transmission
purpose(Part-II Aluminium
conductors,galvanised steel
reinforced.
4
24. IS-4826 Hot dipped galvanised
coating on ground steel
wires.

25. IS-209-1979 Specification for zinc.

26. IS-432-1982 Mild Steel Medium Tensile

Steel Bars and Hard Drawn
Steel Wire for
Concrete Reinforcement.

PART - I Mild Steel and Medium

Tensile Steel Bars.

27. IS-456-1978 Code of Practice for Plain

and reinforced concrete.

28. IS-1200-1974 Method of Measurement of

Building and Civil
Engineering Works.

29. IS-2551-1982 Danger Notice Plates.

30. IS-2629-1966 Recommended Practice for

Hot-Dip Galvanising of Iron
& Steel.

31. IS-4091-1979 Code of Practice for Design

And Construction of
Foundations for
Transmission-Line Towers and
Poles.

32. IS-5358-1969 Specification for Hot Dip

Galvanised Coating to
Fasteners.

33. IS-5613 Code of Practice for Design,

Part-2 Installation and Maintenance

Section 1&2 of Overhead Power Lines.
1975

34. IS-6610-1972 Specification for Heavy

Washers for
Steel Structures.

35. IS-6745-1972 Specification for Methods

for Determination of Weight
of Zinc Coating on Zinc
Coated Iron and Steel
Articles.

36. IS-7215-1974 Specification for Tolerance

For Fabrication of Steel
Structures.

37. IS-8500-1977 Specification for Weldablde

Structure Steel(Medium and
High Strength qualities).
5
 38. IS-388-1970 Course and find aggregates
from natural sources for
concrete.

39. IS-800-1962 Code of practice for use of

structural steel in general
building construction.

40. IS-1139-1966 Hot rolled mild steel,medium

tensile steel and high yeild
strength steel deformed bars
for concrete reinforcement.

41. IS-1736-1966 Cold twisted steel bars for

concrete reinforcement.

42. IS-1873-1967 Criteria of earthquake

resistant design of
structures.

43. IS-2131-1967 Method of standard

penetration test
of soils.

44. IS-3043-1972 Code of practice for

earthing(with
ammendments no.1&2.
------------------------------------------------------------

3. PRICES :

The tenderer shall quote rate/prices on variable/firm price basis as detailed at clause
No.1.09 “Price” of Section-I of the specification. The price variation, for the items on
variable price basis, shall be payable as applicable within the stipulated delivery
schedule. The price variation shall be calculated on the basis of formulae appended
here with.

4. QUANTITIES AND WEIGHTS

4.1 The provisional quantities required are mentioned in the respective schedule of
prices. The final quantities of the tower and other line material shall be confirmed by
the owner based on the exact requirement furnished by the contractor after completion
of final/ detailed survey, duly authenticated by concerned S.E.(T&C).

On completion of the works, all surplus material, equipments supplied by the

contractor at site against construction of 220/132kV transmission line, if not required by
the purchaser, shall be lifted by the contractor at his own expenses and cost. RVPN shall
not be insisted upon by the contractor for taking over of the surplus material supplied, if
not required by the purchaser. Excess payments released if any towards surplus material
to the contractor shall be recovered by the RVPN from the contractor. Surplus material
shall be lifted back by the contractor after recovery of payment released, if any, towards
surplus material by the RVPN.

5. MATERIAL :

All line materials to be used in erection of transmission lines shall conform

to the relevant standards given in clause No.2 and shall be subjected to inspection and
testing as per relevant ISS by the purchaser's representative prior to despatch.

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6. TOWERS:

6.1 TYPES OF TOWERS:

The type of towers that shall be used are specified below:

a) Tower type 'A' tangent tower with suspension strings:

These are tangent towers for use on straight run and also for line deviation upto 2 deg.

b) Tower type 'B' Medium angle with tension strings:

These towers are for use upto 15 deg.line deviation.

c) Tower type 'C' Medium angle with tension strings:

These towers are for use upto 30 deg.line deviation.

d) Tower type 'D' Large angle with tension strings:

These towers are for use on dead ends and upto 60 deg. line deviation.

Above towers shall be used for normal span of 350 Meters for 220kV
transmission lines and 335 Meters for 132kV transmission lines. However these
towers can also be used for longer span with small deviations.

e) 220kV D/C Special structure:-

In addition to the standard towers, and extension, special River/Line

Crossing towers are also required.

6.2 WEIGHTS :

The unit weight of each type of tower, Extensions,+3M & +6M Extn. and
stub setting templates has been indicated in the specification shall be the ceiling
weights for payment purposes. The bidders are required to quote per Tower rate with
fabrication, galvanization and supply of these towers on F.O.R. Destination basis.

6.3 DRAWINGS :

i) Drawings of stubs, super structures, + 3 M & +6 M extension, stub setting

templates and tower accessories etc. of all types shall be made available to the
successful bidders who shall develop the shop drawings of individual members
based on these drawings.

ii) Standard drawings of all other line materials which have been enclosed with the
specification, the line material will be supplied accordingly.

6.4 FABRICATION AND WORKMANSHIP :

The fabrication of towers shall be in accordance with the following:

i) All parts of the towers shall be fabricated in accordance with the shop
drawings prepared on the basis of structural Drawings to be supplied by the
purchaser. Shop drawings, containing complete information necessary for fabrication of
the component parts of the structures shall be prepared. These drawings shall clearly
show the member sizes, length and back marks hole positions gauge lines, bend lines,
edge distances, amount of clipping, notching etc.

ii) In the case of members to be bended the shop drawings will indicate provision for
the variation in length to be made.

7
iii) Tower shall be bolted construction. Unless otherwise specified, welding at any
point shall not be permitted.

iv) Normally butt splices shall be used and thickness of the inside angle cleat shall
not be less than that of the heavier member connected, lap splices may be used for
connecting members of unequal size and the inside angle of lap splice shall be
grounded at the heel to fit the fillet of the outside angle. All splices shall develop full
stress in the members connected through bolts. But as well as lap splices shall be
made above and as close to the main panel points as possible.

v) No bolt holes shall be more than 1.5 mm larger than the corresponding bolt
diameter.

vi) Workmanship and finish shall correspond to the best modern transmission line
practice. All similar parts shall be made strictly interchangeable. All steel sections
before any work is done on them shall be carefully leveled, straightened and made
true to method which shall not injure the material so that when assembled the adjacent
surfaces are in close contact throughout. No rough edges shall be permitted anywhere
throughout the work.

vii) Cutting may be effected by shearing, cropping, flame cutting or sawing. The
surfaces so cut shall be clean, smooth, reasonably, square and free from any distortion.

viii) The other details shall be as per IS:802(Part-II)-1978.

6.5 DRILLING AND PUNCHING:

6.5.1 All steel sections before any cutting work is started shall be carefully straightened
and trued by pressure and not by hammering. They shall again be trued up after being
punched and drilled. No rough edges fresh from shears shall be left. All sheared and cut
ends shall be flamed off.

6.5.2 Holes for bolts shall be drilled or punched to jig, but drilled holes shall be
preferred. All holes in material over 12 mm thick must be drilled through the plates and
sections forming the joint in one operation. The holes near the bend line of a bent
member, on both sides of bend line, shall be punched/drilled after bending and relative
position of these holes shall be maintained with the use of proper template/jigs and
fixtures.

6.5.3 Punched holes must be square with the plates and the walls of the holes parallel.
The following maximum tolerance in accuracy of punched holes is permissible.

i) Holes must be perfectly circular and no tolerance in this respect is permissible.

ii) The maximum allowable difference in diameter of the holes on the two sides of
plates or angles is 0.8mm i.e. the allowable tapper in a punched hole should not exceed
0.8mm on diameter.

iii) Holes must be square with the plates or angles and plate holes will not be
permitted. All burrs left by drill or punch shall be removed completely. The tenderer
shall state clearly the extent of punching covered by this tender. When the tower
members are in position, the holes shall be truly opposite to each other. Drifting or
reming to enlarge defective holes shall not be permitted. Minimum edge distance from
the centre of any holes shall not be less than what has been indicated in IS 802 Part-II
1978. Bolt holes whether punched or drilled must be larger than the sizes of bolts
they have to take, and shall not be more than 1.5mm larger in diameter than the
diameter of the bolts.

6.6 ERECTION MARK:

Each individual tower member shall carry a code number conforming to the
component number given to it in the fabrication drawings. The code number of approved
sizes shall be stamped with a metal die on the member before galvanising and shall be
8
legible after galvanizing. The letter A,B,C&D indicating the different types of towers
shall precede the code number.

6.7 GALVANISING:

All members of the tower and special structures shall be fully galvanized
. Galvanizing shall be done after all fabrication work is completed. Galvanizing of the
members of the tower shall conform to IS-4759-1968. Bolts & other fasteners shall be
galvanized in accordance with IS-5358-1969 and spring washers shall be galvanized in
accordance with IS-1573-1979.

6.8 PACKING:

The material shall be boxed or bundled for transport in following manner.

a) Angles shall be packed in bundles securely wrapped four times around at each end
and every feet with No.9 SWG. gauge wire with ends twisted tightly. Gross weight of
any bundle shall not exceed approximately 450 kg and the length of any individual
member 6000mm.

b) Cleat angles brackets, fillers, plates and similar small loose pieces shall be rested and
bolted together in multiple, and securely wires together through holes, wrapped round at
least four times with No.7 SWG gauge wire and ends twisted tightly, Gross weight of
any bundle shall not exceed approximately 70 kg.

c) Flat washers & other attachments such as hangers, U-Bolts, D-shackles, etc. shall be
packed in double gunny bags accurately tagged in accordance with the contents.

d) The packing shall avoid losses/damages during transit.

6.9 MARKING AND PACKING:

6.9.1 Each bundle or package shall have the following marking on it:

a) The detail and designation of the consignee (to be intimated by the purchaser.)

b) Ultimate destination as required by the purchaser.

c) The relevant marks and number of tower members, or reference number of small
components like gusset plates. various attachments, etc., for each identification.

6.9.2 The marking shall be stenciled in indelible ink on the top members in the
bundles of tower steel and on wooden boxes or gunny bags containing smaller
components. Detailed despatch instructions shall be asked for by the Contractor from
the Department at least four weeks ahead of the scheduled date of despatch.

6.10 DELIVERY :

The delivery shall he acceptable only in terms of supply of complete

towers including footings, superstructures and tower accessories such as hangers, U-
bolts, links, D-Shackle & Pack washers etc. including Bolts-Nuts, Step Bolts and
spring washers required for towers.

The supply of the line material shall be in the following sequence.

i) Complete footing and stub setting template with bolt nuts & spring washers.

ii) Earthing material.

iii) Complete super structure including extensions & accessories with bolts, nuts, spring
washers, step bolts & bird guards. In no case the above sequence shall be changed.
9
iv) Danger plates, number plates, circuit plates, phase plates.

v) GSS Earthwire, Insulators, accessories and hardware for conductor and earth wire.

7. FASTENERS AND JOINTS

a) It shall be ensured that the fasteners provide positive attachment at all times
and under the conditions when the tower structures are subjected to vibrating loads.

b) BOLTS
i) All bolts and nuts shall conform to IS:6639. All bolts and nuts shall be galvanised
and shall have hexagonal head being forged out of the solid, truly concentric, and
square with the shank, which must be perfectly straight.

ii) The bolt shall be of 16mm dia and of property class 5.6 as specified in IS:1367 (Part-
III) and matching nut of property class as specified in IS:1367 (Part- VI).

iii) Bolts up to M16 and having length upto 10 times the diameter of the bolt should
be manufactured by cold forging and thread rolling process to obtain good and
reliable mechanical properties and effective dimensional control. The shear strength
of bolts for 5.6 grade should be 310 MPa minimum as per IS: 12427. Bolts should be
provided with washer face in accordance with IS: 1363 Part-I to ensure proper bearing.

iv) To ensure uniformity of galvanizing, bolts and nuts should be galvanized by high
temperature hot-dip galvanizing, at a minimum temperature of 530 deg. C. The
temperature should be recorded continuously in the form of a continuous chart. The
galvanized coating should be uniform and its value should be between 50 micron to 115
micron to be checked on random sampling basis, on the threaded portion as well. The
facility to check the galvanized coating should be by metallographic method.

v) Nuts should be double chamfered as per the requirements of IS:1363 Part-III. It

should be ensured by the manufacturer that nuts should not be over tapped beyond
0.4mm oversize on effective diameter for size upto M16.

vi) Fully threaded bolts shall not be used. The length of bolts shall be such that the
threaded portion will not extend into the place of contact of the members.

vii) All bolts shall be threaded to take the full depth of the nuts and threaded for
enough to permit firm gripping of the members, but not further, it shall be ensured that
the threaded portion of each bolt protrudes not less than 3mm and more than 8mm
when fully tightened. All nuts shall fit and tight to the point where the shank of the bolt
connects to the head.

viii) Flat and tapered washers shall be provided wherever necessary. Spring washers
shall be provided for insertion under all nuts. These washers shall be of steel electro-
galvanised, positive lock type and 3.5mm in thickness for 16mm dia bolt and 4.5mm for
24mm bolt.

c) HOLES FOR BOLTING

Holes shall be cylindrical. Oval or lobed forms of holes shall not be permitted.
The diameter of the holes shall be equal to the diameter of the bolt plus 1.5 mm. Holes
shall be perpendicular to the plates of angles. The accuracy of the location of holes shall
be such that for any group of members when assembled the holes shall admit the bolts at
right angle to the plane of connection.

10
 d) SPACING OF BOLT AND EDGE DISTANCES
The minimum spacing of bolts and edge distances shall be as given below :
------------------------------------------------------------
Bolt dia : Hole dia: Minimum :Minimum edge: Distance of
(mm) : (mm) : bolt :hole centre : hole centre to
: : spacing :to rolled or: sheared or
: : (mm) :sawn edge : flame cut
: : : (mm) : edge (mm)
------------------------------------------------------------
16 : 17.5 : 40 : 20 : 23
20 : 21.5 : 48 : 25 : 28
------------------------------------------------------------
However, maximum possible edge security shall be used for single holes of
larger section.

e) LOCKING DEVICES

Electro galvanized spring washers of type B of thickness indicated below

corresponding to bolt diameter shall be provided for insertion under all nuts

Bolt Diameter (mm) Thickness of spring washers(mm)

16 3.5
20 4.0
f) To obviate bending stress in bolts or to reduce the same to a minimum, no bolts shall
connect aggregate thickness of more than three times the bolt diameter and also the
number carrying stress to be connected by a single bolt shall not generally exceed
three(excluding gusset and packing plates).

g) TOLERANCES

i) Fabrication tolerances in general shall conform to IS:7215 unless otherwise specified

hereunder:

ii)The maximum allowable differences in diameter of the holes on the two sides of the
plate shall be 0.8 mm i.e., the allowable taper in a punched hole shall not exceed 0.8
mm on diameter.

iii) Tolerance cumulative and between consecutive holes shall be within q 1.6 mm.

iv) Tolerance on gauge distance shall be within q 0.5mm.

8. BILL OF MATERIAL

The contractor shall furnish to the Purchaser for approval the various bills
of materials.

9. PERFORMANCE SCHEDULE
The Bidder shall furnish the details of his performance in respect of the major
works carried out by him involving supplies of materials for and/or erection of such
EHV lines preferably 220kV/132kV lines which are in service, in the performance
schedule of this specification.

10. GUARANTEED TECHNICAL PARTICULARS :

The technical characteristics of the material offered be as per Guaranteed and

other technical particulars indicated in this specification.

11
11. ACSR PANTHER / ZEBRA CONDUCTOR :-

ACSR PANTHER /ZEBRA conductor shall be supplied by the RVPN.

12. GALVANISED STEEL STRANDED WIRE SIZE (7/3.15MM/ 7/4.00MM):

The galvanised steel stranded wire shall comply in all respects with the
latest edition of Indian Standard Specification IS:12776/1989 and associated Indian
Standard Specifications as mentioned therein all respects except mentioned therein
otherwise.

a) MATERIAL :

The material offered shall be of best quality and workmanship. The steel wires
shall be drawn from carbon steel wire rods produced by either the acid or the basic
open hearth process, the electric furnace process or the basic oxygen process and
shall have the following chemical compositions :

Element. Percentage composition.

--------- -----------------------
Carbon. 0.55 Max.
Manganese 0.4 to 1.0
Phosphorous 0.05 Max.
Sulphur. 0.05 Max.
Silicon 0.15 to 0.35
The zinc coating shall conform to requirement of heavily coated wires as laid
down in IS:4826/1979 "Hot dipped Galvanised Coating on Round Steel Wires".
The individual wires after galvanising shall be smooth, free of inequalities,
spills or splits before stranding.

b) SIZE AND CONSTRUCTION :

The construction and lay ratio of GSS wire size 7/3.15mm/7/4.00MM

shall be as per IS:12776/1989. The supplier shall, however, give necessary details in
respective schedule.

c) SAG AND TENSION CHARTS :

The successful tenderer shall be required to submit six copies of stringing

charts for GSS wire showing initial and final sags and tensions for various temperatures
and spans. one set of chart should be in ink drawn on tracing cloth.

d) GUARANTEED TECHNICAL PARTICULARS :

Full guaranteed particulars should be given in the tender as called for in

Appendix-IV.

13. 11 KV DISC INSULATORS BALL AND SOCKET TYPE/PORCELAIN

LONGROD INSULATORS :

The disc insulator and hardware shall comply in all respects with the Indian
Standard Specifications IS:731/1971 (Second Revision), IS:3188/1980, IS:2486
(Part.I/1971 (First Revision), IS:2486(Part.II/1989 (First Revision) and
IS:2486(Part.III/1974), IS:2486(Part.IV/1981) with latest amendments. The
galvanisation of metallic parts shall conform to IS:2633/1972. The insulator string shall
consist of discs (B&S type) of dimensions specified in Appendix.I(A, B & C) for use

12
on 3 phase, 50 cycles power system, long rod insulator shall comply in all respect with
IEC:433/1980 and IEC:575/1977 (with latest amendments).

a) TESTING :

Sampling inspection, testing and acceptance of insulators/ Porcelain

longrod insulators shall be in accordance with the latest revision of IS:731/1971 and
IEC-383 (Pt-I), while that of hardware associated with these discs shall be as per
IS:2486 (Pt.I)/1993 (second revision) IS:2486(Pt.II)/1989 (second revision), IS:2486
(Pt.III)/1974 & IS:3188-1980 with latest amendments. Sampling inspection, testing
and acceptance of Porcelain longrod insulators shall be in accordance with the latest
edition of IEC:433/1980 & IEC: 575/1977.

b) DRAWINGS :

The tenderer shall submit detailed drawings alongwith type test reports not
older than 7 years as on date of bid opening, showing design and dimensions
alongwith full particulars of the conductor clamps, the type of the material used for
various parts shall be clearly specified on the drawing for approval if not approved
already before offering the material for inspection.

The list of tender drawings to be submitted is as follows :

i) Dimensioned assembly drawings of the complete strings with all fittings.

ii) Dimensioned drawings for discs.

c) GUARANTEED TECHNICAL PARTICULARS :

The number of discs used on suspension strings and the electro mechanical
strength have been given in specification. Full guaranteed particulars including dry and
wet flashovers, puncture and impulse voltages, corona formation voltages. creepage
distances, length of strings, voltage distribution on strings, etc. should be given in the
tender as called for in specification.

14. INSULATOR HARDWARES AND ACCESSORIES FOR ACSR 'ZEBRA'

SIZE A1 45/ 3.18MM & STEEL 7/3.18MM , FOR ACSR'PANTHER SIZE A1
30/3.00mm & steel 7/3.00mm AND FOR GROUND WIRE SIZE 7/4.00 MM &
7/3.15mm :

The hardware fittings shall comply in all respect with the Indian Standard
Specification IS:2486(Part.I, II, III and IV) with latest amendments. All nuts shall
be made of material conforming to property clause 4.8 of IS:1367/1967
(first/ revision) with regard to its mechanical properties, cotterpins shall be made
of forged steel conforming to clause 2 of IS:2004/1970 (first revision). All ferrous
parts shall be hot dip galvanised conforming to IS:2633/1972. Electrogalvanised
ferrous fittings shall be checked in accordance with IS:1573/1970 (first revision).The
hardware fittings are required to be used with disc insulators string units
containing insulators of type.B as classified under clause 3 "CLASSIFICATION" of
Is:731/1971 and ACSR 'ZEBRA' & ACSR'PANTHER' Conductor specified in IS:398
Pt.II/1976. The conductor and ground wire accessories shall comply in all respect
with IS:2121/1962, IS:2121 (Pt.I & II)/1991 (with latest amendments). Vibration
dampers shall comply in all respect with IS:9708/1980(with latest amendments)

15. HARDWARE :

The insulator string hardware fittings shall be supplied complete in all

respects and shall include all fittings necessary for composing the insulator strings
and include.

Shackles (U clevis) or back for attaching it to the strain plate or hangers

supplied with towers.

13
 Conductor suspension or strain claimps suitable for the conductor specified for
attaching the conductor to the strings including suitable liners.

Suitable fittings of the ball and socket type of inter connecting individual
units, top and bottom clamps.

In case of double suspensions and double tension strings hardware shall also
include suitable yoke attachment.

16. STRING INSULATORS FITTINGS :

The material for string insulator fittings (except those specified otherwise)
shall be either drop forged steel or heat treated malleable cast iron and shall be hot
dip galvanised. All nuts shall be made of material conforming to property clause 4.8 of
IS:1367 (first revision). With regard to its mechanical properties. Cotter pins shall be
made of forged steel conforming to clause No.2 of IS:2004/1970 (first revision) with
latest amendments.

The security pins shall made of stainless steel of type AISI 302m or 304 or
phosphor bronze conforming to IS:7814.

17. SUSPENSION CLAMPS :

The suspension clamps offered shall be made of high strength aluminium

alloy and shall be suitable for use with conductor. When wrapped with Antivibration
device like preformed armour rods. The composition of the alloy shall be declared
by the tenderer giving reference to the relevant ISS. The design of clamps shall be
such that the effects of vibration on both the conductor and fitting itself, are minimised.

18. TENSION CLAMPS :

The tension clamps shall be made put of high strength aluminium alloy of
compression type, suitable for conductor indicated in Appendix.IV. The mechanical
efficiency of tension clamps shall not be effected by method of erection involving
income alongwith or similar clamp during or after assembly and erection of tension
clamps itself. The strain clamp shall have the same conductivity as of the conductor.
and shall be of a design that will ensure un-restricted flow of current.

19. ACCESSORIES FOR CONDUCTOR :

a) MID SPAN COMPRESSION JOINTS FOR POWER CONDUCTOR :

This should conform the requirement of IS:2121(Pt.II) /1981 compression

type joints shall be offered suitable for the conductor mentioned in Appendix.IV.

b) ARMOUR RODS FOR POWER CONDUCTOR :

The armour rods may be performed type and shall be fabricated from
aluminum or an aluminium alloy, selected and processed to provide the most effective
stress relieving characteristics. In case of aluminium armour rods, the aluminium
contents of the material from which the armour rods are manufactured, shall not be less
than 99%.

c) REPAIR SLEEVES FOR POWER CONDUCTOR :

The repair sleeves shall be of the compression type and made of aluminium or
suitable aluminium alloy having the same conductivity as that of the conductor, with
which they are to be used. Normally, repair sleeves are designed to make a good
conductor of which not more than one sixth of the strand in the outermost layer have
been served.

14
 Repair sleeves shall be designed for installation without passing over and
end of the conductor, if seperate swage die, other than those required for making
compression joints, are needed for installing the repair sleeve, these must be
seperately indicated and prices entered in schedule.

d) VIBRATION DAMPERS FOR POWER CONDUCTOR :

The vibration dampers shall be of 4R Type conforming to IS:9708/1980 (with

latest amendments) and suitable for use with ACSR Zebra / Panther conductor and
7/4.00mm & 7/3.15mm size earth wire.

e) GROUND WIRE ACCESSORIES:

7/4.00 mm & 7/3.15mm stranded galvanised steel wire of 1100 N/Sq.mm

quality shall be used as ground wire for 220kV & 132kV transmission lines on
towers. The 7/4.00 mm & 7/3.15mm stranded galvanised steel wire shall have
ultimate strength of 8883 kg.& 5505 Kgs respectively.

f) MID SPAN COMPRESSION JOINTS FOR GROUND WIRE :

Mid span compression type joints shall be offered by the tenderer. The
tenderer shall conform that the joints offered have a strength not less than 95% of that of
ground wire.

g) SUSPENSION AND TENSION ASSEMBLY FOR GROUND WIRE :

At all suspension locations, the ground wire shall be suspended by an

arrangement comprising of suspension clamp and shackles which shall permit free
owing of the ground wire. On strain towers, tension clamps will be provided at the
top of the tower.

The suspension assembly shall have a slip strength not exceeding to 25% of
the breaking load of the ground wire. However, it should not slip at a load of 18% of the
breaking load of the ground wire.

The slip strength of tension clamp assembly shall not be less than 95% of the
ultimate strength of the ground wire. The tension assembly shall have breaking strength
not less than that of ground wire.

h) COPPER EARTH BOND:

At each suspension and tension location the ground wire shall be

connected to the tower leg by a suitable flexible copper earth bond (preferably 64.5
sq.mm size) about 457.2mm in length rose contney washers or soldered lugs will be
provided at each end of the copper bond. The washers at one end will be suitable for
bolting to the tower leg with 16mm dia bolt and nut , while at the other end it will be
suitable for the extended bolt provided with the parallel groove suspension clamps.
The copper earth bond shall be included with the suspension and strain assembly.

i) REPAIR SLEEVE FOR GROUND WIRE:

These should be designed to make good ground wire of which not more than
1/6th of the stands in the outer layer have been severed.

These shall be of compression type. The breaking load test on repair sleeve
suitable for ground wire 7/4.00mm & 7/3.15mm shall be carried out in the manner as
the breaking load test on conductor repair sleeves of IS:2121, better standard except
for the fact that the conductor shall be replaced by ground wire.

The repair sleeves for ground wire shall also be subjected to galvanising test as
per is:2633/1972.
15
j) TESTS:

Power conductor & Ground wire accessories as detailed above shall be

subjected to all the tests as prescribed in the relevant clause of IS:2121/1962 (with
latest amendments) and IS:2121(Pt.II)/1981.

The bidder shall furnish type test certificates, not older than 7 years as on date
of bid opening, for each above items as per relevant clauses of relevant IS.

k) DRAWINGS:

The bidder shall furnish the detailed drawings showing design and dimensions
of all accessories and hardwares and including their various parts alongwith type test
reports not older than 7 years as on date of bid opening for approval if not approved
already before offering the material for inspection.

l) GUARANTEED TECHNICAL PARTICULARS:

The number of discs used on suspension and tension strings and the
electromechanical strength have been given in specification Technical particulars of
matching insulators are given in specification and that of conductor and earthwire in
specification. The guaranteed particulars of hardware fittings should be given in the
tender as called for in specification.

20. DANGER PLATE, PHASE PLATE, NUMBER PLATE & CIRCUIT PLATE:

a) The relevant ISS to which this material shall conform are indicated as below:

i) IS:2551/1982(latest) for general checking.

ii) IS:5/1978(latest) for colourful ready mixed paints and enamels.

iii)
1. IS:3972(Pt.2/Sec.I)/1985 for resistance to citric acid at room temperature and boiling
temperature.

2. IS:3972(Pt.22/Sec.2)/1985 for low and high voltage tests for detecting and locating
devices.

3. IS:3972(Pt.1/Sec.I)/1982 for production of speciman testing.

b) DIMENSIONS:

S.N Item Minimum Other Dimension (As per Standard

o. thickness drawing enclosed)
of Length in mm Width
M.S./SMC in mm
Plate in
mm
1 220kV Danger 1.6 380 320 IS:2551/1982
Plate (latest
amended)
2 132kV Danger 1.6 380 320 IS:2551/1982
Plate (latest
amended)
3 Phase Plate 1.6 87.5 75 IS:5613/1985
(37.5R+30+20R) (Dia) (Pt.2/Sec.I)
4 Number Plate 1.6 200 150 IS:5613/1985
(Pt.2/Sec.I)

16
c) GUARANTEED TECHNICAL PARTICULARS:

The GTP of Danger plate, Phase plate, Number plate & Circuit plate should
be given in the tender as called for in specificatoin.

17
RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED

TECHNICAL SPECIFICATION

( FOR ERECTION PART)

FOR
CONSTRUCTION OF FOLLOWING TRANSMISSION
LINES

(1) 220 kV D/C Transmission line

(2) 132kV D/C Transmission line

TURNKEY PROJECT
UNDER SPECIFICATION No. RVPN/KfW/ICB-6

18
1. ERECTION AND COMMISSIONING :

1.1 SCOPE :
The erection of LINE covered under this section consist of

(i)Original and check survey including preparation of profiles.

(ii) Supply of tower and line materials and transporting to Contractors Stores and
kept in safe custody
(iii) To take suitable Storage cum erection insurance
(iv) Distribution of all materials to erection site.
(v) Stub setting
(vi) Tower erection

(vii) Stringing of ACSR ZEBRA /PANTHER Conductor and ground wire size
7/4.00 mm / 7/3.15mm including stringing of conductor and earth wire from
sub station gantry to terminal tower at both ends and

(viii) Testing, commissioning and guarantee of all the activities carried out
from(i) to (vii)The erection work shall be carried out as per technical details of
this specification.

1.1.2 The successful contractor shall carry out all addition/alteration required to
complete the line for commissioning at the same rates as indicated in schedule.

1.1.3 The steel required for reinforcement of foundation work shall be arranged by
the contractor at his own cost.

2. WAY LEAVE, TREE CUTTING AND OTHER OBSTRUTIONS :

2.1 The NIGAM will arrange for right of way and clearance for other
obstructions , however tree / crop cutting and corridor clearance as per IS-5613
Part-II will be done by the contractor at his own cost. Compensation for tree/ crop if
any shall be borne by the NIGAM. Proposals for "Right of way" and clearance for
other obstructions will have to be prepared and submitted by the contractor well
in time. It will also be necessary on the part of contractor to instruct his labours
and staff to use minimum area while doing the work where there are standing crops.
No person of the Contractor should pick any item from standing crops. The
Contractor should take all possible steps to avoid or minimise damage to standing
crops, etc.

2.2 The Contractor should immediately notify any obstructions or hindrance

from local villagers or the local authorities in the execution of the work, to the
concerned Engineer/in-charge but should not deal directly in the matter.The
Engineer/ in-charge will arrange to remove the obstacles as soon as possible.

2.3 For the clearance, permissions, removal of obstructions in way leave, etc. the
contractor shall not remain contended by simply informing the NIGAM but shall
invariably assist and arrange for personal follow up to overcome the difficulties in
the interest of progress of the work.

2.4 ACCESS TO LOCATIONS :

It will be the contractors sole responsibility to take the material upto the
location. Any path way ,temporary road, temporary bridge required will have to be
provided by the Contractor at his cost. If, for any reason the above is not
possible, he Contractor at his own cost shall have to arrange transportation by head
loads The Contractor will be deemed to be very well familiar with the route of the
Transmission line before giving the offer. Notwithstanding, the difficulties of
terrain, location approaches, way leave and other obstructions the price quoted for

19
all the items of erection in the respective Schedule shall not undergo any change
at any stage of work (including the time limit extension)

2.5 DISTRIBUTION OF MATERIALS:

2.5.1 The contractor has to take delivery of tower and other materials directly from
the carriers or from the NIGAM store, and keep them in safe custody and
transport to the respective tower erection site and will be responsible for any
damage to or loss of all materials at any stage during transportation or erection. The
materials that will be issued by the NIGAM will be in as is where is conditions at
the stores centre of the purchaser in the area during working hours.

2.5.2 The Contractor shall take storage cum erection insurance cover for the entire
project at his own cost as per respective Clause of this specification.

2.5.3 The Contractor shall submit the complete material account immediately
after the work is completed and in any case not later than 3 months of completion
and handing over of the line.

2.5.4 So far as the accounting of unused/ surplus tower is concerned, the same
shall be done on the basis of completed tower only and not on per MT basis .For
shortage of any part of tower (as per Bill of material), Nuts-bolt and
accessories to complete the tower , recovery of complete full tower shall be made
from the Contractor's bill. At the final accounting the cost of unused material
remained with the contractor shall be deducted from the final bill.

3. TESTING AND COMMISSIONING :

After completion of the work, as mentioned in Scope, the Contractor will

ensure that all works connected with the line have been completed correctly as per
Indian Electricity Rules and procedure. Any extra cost involved due to
incompleteness of work or bad workmanship found but subsequently, shall be
set right forthwith by the Contractor at his cost. The contractor shall arrange to
handover the complete line.

3.1 ELECTRICITY RULES :

All works shall be carried out in accordance with the revised and latest
provisions under Indian Electy. Act, and Rules made there under.

3.2 ERECTION TOOLS :

All the erection tools required during construction of lines shall be

arranged by the contractor at his own cost. Adjustable stub templates will be
supplied by CONTRACTOR which shall be returned by the contracrtor in good
condition on the completion of the work. The Contractor shall be completely
responsible for any damage and/or loss of erection tools.

4.0 PROGRESS REPORT :

Fortinghtly progress reports in duplicate shall be regularly submitted to the

Chief Engineer (T&C), with a copy to Superintending Engineer(Contract-II)
Executive Engineer (Const.)/Incharge of works. In this connection, please also refer
other clauses of this specification.

5.0 QUANTITY OF WORK :

The quantities of various items of erection indicated in the respective

Schedule are tentative. Final quantities shall be determined after completion of
detailed route survey. The contractor has to carry out the work according to
quantities as determined so as to complete the line for commissioning for which
the rates quoted in the tender shall be valid. The payment shall be made only for
20
quantities indicated in the final bill of material approved by the purchaser after
completion of the final route survey.

6.0 CEMENT & R.C.C. STEEL :

6.1 The cement & RCC steel required for foundation shall be procured by the
contractor at his own cost. The contractor shall use any one of the following cement
make or any other equivalent make as approved by the concerned SE(TCC).

(a) VIKRAM
(b) BINANI
(c) BIRLA UTTAM
(d) SHREE CEMENT
(e) J.K. CEMENT
The quantity of cement shall be as per IS 8112:1989 ( 43 Grade ordinary portland
cement specification).
In case of non availability of 43 Grade OPC cement, contractor can use 53 Grade
OPC (IS:12269) in place of 43 Grade OPC. The contractor can also use PPC
(Portland Pozzolana cement – IS:1489) with the permission of concerned SE(TCC).

6.2 No price variation shall be applicable on reinforcement steel to be procured by the

Contactor.

6.3 The NIGAM reserves right to test the quality of steel & cement pocured by the
Contractor and intended to be used for the tower foundation works.

7. IMPORTANT:

7.1 The bidder should quote these rates strictly in accordance with commercial
terms and conditions for erection of towers and other terms and conditions of this
tender specification and they should not quote their own terms and conditions. The
bids not falling in line with NIGAM's terms and conditions quoted in the tender,
are liable to be summarily rejected.

7.2 In case of any doubt or interpretation of the terms and conditions, the decision
of Chief Engineer(Contract), Jaipur will be final and binding to the bidder and no
dispute in this regard will be entertained.

7.3 The Bidders should specifically note that the offer containing:

a) Different rates for the same items i.e. rates quoted in two slabs.

b) Deviations/addition/alterations/commissions in biding schedules.

c) Deviations and contradictions to terms and conditions specified in this tender are
liable to be summarily rejected.

8.0 SPECIAL INSTRUCTIONS :

8.1 Offer with any change suggested in price variation formula will be
outrightly rejected.

8.2 The Bidders shall specifically note that the NIGAM will not pay any extra
amount towards any type of claim except for the description indicated in erection
schedule.

8.3 Quantities given in the Schedule (Supply) are tentative and may vary according
to requirement of the line to be erected.

9.1 SCOPE :

21
9.1.1 Please refer to Clause No.1 of this specification.

9.1.2.The Contractor shall be fully responsible for completing all the above works
till they are taken over by the NIGAM.

9.1.3 The methods of erection are not dealt with in details but are left to the
Contractor who shall exercise his own judgment with regard to actual handling of
materials and in deciding upon the best methods to be adopted in the erection of
towers, conductors and other materials.

10. SURVEY & ALIGNMENT :

10.1 The tenders are presumed to have acquainted themselves with the route before
submitting their offer.

10.2 The Contractor shall make a check survey of the line route, which will be
shown to the successful tenderer and submit profile and plan drawings showing
each and every proposed structure position, length of spans in Meters,
clearances and type of structures required. These survey maps shall be prepared to
the scale of 20 Meters = 1 Cm, horizontal and 2 Meters = 1 Cm. vertical
Deviation point angles should be marked in degrees with

Right Left as the case may be. All Kutcha and metalle roads, trees, structures,
Buildings, Canals, wells, river, railway, P&T lines, power line crossings,
ponds and other obstructions, etc. within 50 metres on either side of line route
should be clearly indicate. These maps should also indicate the profile and level of
the proposed route and show the location of the towers with a ground clearance
diagram.

10.3 Before commencing the check-survey, the Contractor will get from the
Engineer-in-charge of the works all the data that have been collected for the
proposed routes of the Transmission line, which will be mark on blue prints or
topographical sheets. While marking the detailed survey if any better route is
found free of roads, telegraph lines, power lines, river and canal crossings, etc. or
due to other considerations such as avoiding tanks or reservoirs, etc. the contractor
should survey the alternative route at no extra cost. Final approval to the route will
be accorded by the concerned Superintending Engineer(TCC), Rajasthan Rajya
Vidhyut Prasaran Nigam Ltd.

The successful bidder shall carry out all the erection works in accordance
with tower spotting data, structural & foundation drawings, provided by the
NIGAM.

10.4 On completion of the final survey, the Contractor should submit one
tracing and three blue prints copies of final survey to the Superintending
Engineer(TCC), before commencement of digging of pits. When the route and
profiles are finally approved, no alternative shall be allowed without written consent
of the Superintending Engineer (TCC) and the line shall be constructed exactly
according to the approved survey. If any subsequent alternation is found necessary,
the Contractor shall have to submit full details of such an alteration with
justification and obtain approval of the Superintending Engineer(TCC), before
carrying out the work. The contractor will be responsible for any inaccuracies that
may arise when finally locating the towers at site and should rectify such
inaccuracies at his own cost.

11. STUB SETTING AND FOUNDATIONS :

11.1 The contractor shall be fully responsible for correct setting of stubs in
accordance with approved methods at the exact locations and alignments and in
precisely correct level. Stub setting templates shall be fabricated by the contractor
and same should be used for proper setting of stubs. The contractor will be
responsible for constructing the foundations in accordance with the approved
design of each type of foundation.
22
11.2 The foundation work including stone revetment, concrete or earth filling
above ground level wherever necessary and stacking and tamping on the site of all
surplus excavated soil. Surplus stone should be stacked within the tower base.

11.3 The payment for excavation will be limited to the volumes as per approved
excavation drawings even though the contractor may excavate more for the sake
of his own convenience. If the excavated depth is more than the depth shown in
the approved drawings, the additional depth should be filled in with lean concrete
(1:4:8) at contractor's cost in respect of materials, labours etc.

11.4. Classification of soil:

11.4.1 Normal Dry Soil:

The soil readily removable with ordinary spades, pick axe and shovels viz.
murram/sandy etc. and to be used for location in normal dry cohesive or non-
cohesive soils of any colour.

11.4.2 Hard soil/ Hard murram/ Dense soil:

Generally any soil which requires the close application of picks or jumpers
or scrifiers to loosen, such as stiff clay, gravel and cobble stone.

11.4.3 Soft rock :

Where decomposed or fissured rock, hard gravel, kankar lime stone,

laterite or any other soil of similar nature is met, undercut type foundation is to be
used for soft rock locations. The ultimate safe bearing capacity of soil should be
45000kg/m2.

11.4.4 Hard rock :

Where cheaseling, drilling, blasting is required and the ultimate safe

bearing capacity of soil should be 65600kg/m2

11.4.5 Wet:

i) Where subsoil water is met at 1.5m, or more below ground level.

ii) Which are in surface water for long period with water peneteration not
exceeding one meter below the ground level e.g. the paddy fields.

11.4.6 Fully submerged soil :

Where sub-soil water table is met at less than 0.75 meter below ground
level and upto complete depth of foundation.

11.4.7 Partially submerged soil :

Where the sub-soil water table is met between 0.75M to 1.5M below
ground level,the top portion of the strata being normal dry soil.

11.4.8 Composite Soils:

Guidelines for adopting various types of foundation in composite soils.

a) On the locations where composite soils are likely to be encountered, excavation

shall be done very carefully.

b) The width of the normal soil excavation should be maintained till the layers
of soil mentioned under normal soil classification are encountered.

23
 If the layers of soil other than classified under normal soil are encountered.
excavation width shall be restricted to minimum till normal soil foundation depth is
reached.

c) If the layers of soil other than classified under normal soil are encountered.
excavation width shall be restricted to minimum till normal soil foundation depth
is reached. After the excavation of all the four pits for the tower as indicated, the
Engineer In charge of the work or Engineer nominated by the Superintending
Engineer (TCC) from Head office shall decide the type of compo sited soil
foundation to be adopted for the particular location. For this purpose contractor shall
offer at least 8 to 10 locations at a time.

12. PROTECTION OF TOWER FOOTING :

i) Special measures are required for protection of tower footings located close to
or in nallahs, river stream beds etc. and subject to approval by the Engineer. The
work includes all necessary stone revetment, concreting, earth filling above ground
level, providing suitable revetment or galvanized wire netting and meshing packed
with boulders. The contractor shall furnish recommendations for providing
protection at such locations. The bidders are required to furnish unit rates for such
protective works in the price schedules. The unit rates shall be applicable with actual
quantities of revetment and extra excavation work done if any.

ii) On ordinary flat ground, the stubs shall be set with their tops above ground level
as per design and given a coping but not marking up of plinths shall be required.
Where the ground surface is irregular, the foundation shall be finished off in a
substantial and permanent way forming a plinth by soid cutting, building a suitable
stone revetment or in case of rock foundations by building up with however, be
done after backfilling free of cost.

The bidders are requested to quote unit rates for backfilling with borrowed
earth also.

13. General on Excavation :

13.1 The rates for submerged soil are applicable to all locations, which will be
classified as submerged including partially, or fully submerged locations by actual
condition. If for the above case, the soil required shoring, shuttering and/or
dewatering etc, these will be carried out at no extra cost to the NIGAM.

13.2 The volumes of excavation to be paid for chimney and pyramid type
foundation will be the volume as per foundation drawings inclusive of 150 mm on
all side to allow the workers to work in-side the pit.

13.3 The volumes of excavation for submerged foundation will be paid on the basis
of volumes actually excavated or worked out from the approved drawings whichever
is lower.

13.4 Whenever the necessity arises for leveling of soil, building revetment
for dry stone or random stone revetment or concrete revetment or brick
masonry with cement, these works shall be paid to successful tenderer at the
revetment rates.

13.5 In addition to all above, whenever shuttering or shoring is necessary the same
will be done at no extra cost to the NIGAM.

13.6 If for shallow foundation, the stub is required to cut, proper record shall be
maintained for such locations in terms of cut lengths. The cutting of stub shall be
arranged by the contractor at no extra cost to the NIGAM.

14 CONCRETE :

24
14.1 The cement required shall be arranged by the contractor. The quantity of
cement shall be worked out based on the finally approved foundation drawings and
subject to the maximum as per the guaranteed volumes.

14.2 The cement consumption for different types of concrete shall be considered as
follows :

1:2:4 mix. - 6.5 bags, per Cu. meter If any layer of lean concrete is
required to be used as per approved design, the consumption of cement shall not
exceed:

For 1:2:4 mix. - 6.5 Bags. per Cu. meter.

For 1:3:6 mix. - 4.5 Bags, per Cu. meter.
For 1:4:8 mix. - 3.5 Bags, per Cu. meter.

14.3 The sand shall be of the best quality containing hard silicious materials, clean
and of sharp angular grit type and fee from earth or organic meter or salts and
to the satisfaction of the Engineer-in-Charge. No saltish or brakish water shall for
concreting.

14.4 The course aggregate shall be of the best quality to the satisfaction of the
Engineer-in-charge and broken to maximum size of 20mm for concrete section. It
should also be fee from grit and dirt.

14.5 The mixture of concrete to be used shall be such as to produce a sound,

compact and water proof concrete and shall not be weaker than 1:2:4 ratio with
20mm stone matal for chimney and 20mm or 40 mm for pyramid. Unit rates
may be quoted for concrete of 1:3:6 and 1:4:8 ratio. The concrete shall be machine
mixed only & shall be as stiff as the requirements of placing the concrete in the
form of moulds with case and degree to which concrete resist segregation will
permit. Hence; the quantity of water used should not be too much.

14.6 The dimensional drawing of form boxes shall be got approved from RVPN.
Proper form or moulds adequately braced to retain proper shape while concreting,
should be used for chimney or pyramid and slab portions. Form-boxes should be
water tight so as not be allow cement cream to come out leaving only sand and
gully to form honey combs in concrete. Form boxes should be made out of M.S.
Sheet having adequate thickness for handling and should be cleaned and oiled before
using for concreting.

14.7 All wet locations must be kept completely dewatered both during the placing
of concrete and for 24hrs. after completion. There should be no disturbance of
concrete by water during this period. All arrangement for dewatering shall be done
by the contractor as included in the scope of erection.

14.8 Form boxes should not be removed before 24 hrs. after concreting. Concrete
surfaces where require, should be set right with rich cement and mortar
immediately after removal of the forms.

14.9 After 24 hours of pouring, the concrete should be cured by keeping it

continuously wet for 14 days. After 48 hours of pouring, the pit may be back
filled with excavated selected earth (which is free from grass, dung, wooden waste,
postures & fodder woods, shrubs, thorn etc.) sprinkled with necessary amount of
water and well compressed & consolidated in layers not exceeding 150mm.
Thereafter the exposed top and the fill shall be kept wet for the remainder of the
prescribed curing. Extra ordinary care should be taken during back-filling. The
Contractor and NIGAM's Engineers at site shall ensure that back-filling is done in
the manner referred to above. So that back-filled earth becomes homogenous with
surrounding parent soil with the passage of the time.

25
14.10 The Engineers of the contracting parties shall record the day/date of back-
filling and jointly sign in the register for its correctness.

14.11 Adequate quantity of form boxes for all types for chimney and pyramids
shall be prepared by the contractor as per approved foundation design, drawing at his
cost.

14.12 Payments for the quantity of excavation and concreting for each type
of tower shall be made on pro-rata basis of actual work done subject to the
maximum of guaranteed volumes as per the approved drawings to be furnished
by the NIGAM.

14.13 The cement & reinforcement steel shall be procured by the Contractor. No
price variation shall be allowed on cement & steel so supplied.

15. ERECTION OF TOWERS :

15.1 Standard tangent towers with reduced spans shall normally be used for all
important road crossings.

15.2 On railway crossings 15 Deg., 30 Deg towers shall be used on either side
depending on the merits of each case with double insulator strings.

15.3 The Super-structure of towers should be erected on foundation after 14 days

of concreting. However, the method adopted for erection of tower is left to the
discretion of the contractor subject to the condition that he takes
responsibility for any damage to materials. No tower member should get strained or
bent during erection. The towers must be truly vertical after erection and no straining
would be allowed to bring it in alignment. Maximum tolerance in verticality that
will be permitted is one mm per 360mm of tower height. All bolts and nuts shall be
made fully tight and finally the bolt threads shall be centre punched to avoid nuts
becoming loose. The bolt head shall be on outside faces & nuts & washers on
inside faces of the tower.

Punching of bolts shall be made by chamfering the threads with centre

punch at least at three places equally spaced on contact surface of bolts and nuts.

15.4 Tower erection shall include erection of all accessories like danger plate,
number plate, phase plate, C.I. plate, Anti-climbing devices and fittings including
attachments for step bolts, ladders, platforms, `U' bolts, D-shackles, hangers
strain plate, etc. and punching of bolts and nuts so that towers are complete in all
respects.

15.5 Rates offered for erection of tower super-structure and footings shall be
irrespective of final weights of towers.

15.6 Suitable tower extension shall be erected to get desired ground clearance
whenever required which have been determined at the time of final survey.

15.7 To avoid pilferage of bolts and nuts and tower members, the bolts of the two
bottom panels (say upto 10 meters) shall be tack welded upto bottom cross
arm/beam level at three places on the nuts diametrically. The zinc rich paint shall be
applied immediately following the tack welding at no extra cost i.e. the rate of
erection of tower/ extension shall include the charges for the above works.

16 GROUNDING :

16.1 It is necessary that in no case tower footing resistance should be more than
10 ohms. during dry weather.

16.2 PIPE TYPE EARTHINGS :

26
16.2.1 At locations where footing resistance does not exceeds 10 ohms, the
pipe type earthing as per method shown under Drawing (enclosed) would be
followed. The contractor will have to supply all materials required for grounding
including salt, fine broken coke/charcoal. The earthing is to be done by using augur
& making a bore hole for insertion of pipe away from the tower leg excavation
line.

16.2.2 If it is observed that the earthing arrangement is done within leg excavation
pit, the proportionate deductions will be made from the bills.

16.3 COUNTERPOISE EARTHING :

In places of high resistivity soil conditions, counterpoise earthing shall be

adopted as shown under drawing (enclosed) to bring down the tower footing
resistance below 10 ohms. The counterpoise earthing shall be buried 500mm
below ground level and for this purpose some space should be left out in chimney
coping portion at the time of stub-setting. Coping should be completed after
installation of counterpoise earthing. In case of rocky terrain the C.P. earthing have
to be embedded at a depth of 100 mm.

16.4 The galvanised stranded wire shall be of the size 7/3.15 mm

16.5 The record of footing resistances shall be maintained in consultation with

Engineer-in-charge before and after providing of suitable earthing.

16.6 INSULATOR HOISTING :

Suspension insulator strings shall be used on all tangent type towers

with deviation upto 2 deg and tension insulator strings on all small, medium, large
angle and dead end type towers on all lines.
Technical particulars of conductor, earthwire and insulator strings are
indicated in the respective Appendix..

Insulators strings shall be assembled on ground. These shall be cleaned

and examined for hair cracks, chips or defective glazing(not exceeding half
centimeter square) and than hoisted by careful handling. The work will include
fittings of all hardwares and fittings in their proper places and order.

17. STRINGING OF CONDUCTOR AND GROUND WIRE

Before commencing of stringing work, contractor must obtain

approval of sag tension charts(these shall have to be supplied by the Contractor)
showing initial and final sags and tensions for various temperature and spans.
The details of spans, temperature range etc, will be furnished to the successful
tenderer after the check survey completed. The sag NIGAM, if used shall be
adjusted to suit to the sag indicated against actual temperature for an individual
span. The thermometer shall be provided at the conductor point during the stringing
work.

The contractor shall be responsible and will take care of proper handling of
drums from stores to site. Sufficient numbers of aluminum snatch blocks shall be
used for paying out the ACSR Conductors. Necessary precautions shall be taken to
avoid conductor rubbing on the ground by providing adequate ground rollers on
supports. Additional rollers shall also be provided to cross thorny hedges, forcing
and other obstructions to avoid scratching of conductor. The conductor and
groundwire shall be made to sag correctly as per stringing charts before they
are finally transferred to the hardware for conductors and to clamps for groundwire.
No joint should be made at less than 30 meters from the tower end and no joint shall
be permitted in Railway, River, Road and other important crossing spans. There
shall not be more than one joint in a span of each conductor. All conductors shall
be stressed to their maximum working load at the time of stringing ,as per
approved stringing charts. The minimum clearance between the lowest point of
conductor and ground shall not be less than 6100mm. All compression joints should
27
be carefully made and record of initial and final lengths of the joints jointly
signed by Contractor's and NIGAM's Representative should be maintained.
Dynomo-meters shall be used in tensioning the conductors, check for sag should
also be made at intervals when conductors are drawn up. Over stressing,
causing damage to towers should be avoided. Care should be exercised not to over
tension the conductor. An extra sag of 50mm be allowed at all the important tension
locations like Railway/River crossings.

After being pulled the conductor/groundwire shall not be allowed to hang in

the stringing sheaves for more than 72 hours, before being pulled to the specified
sag. During the time the conductor/groundwire is on,the stringing sheaves before
sagging-in, it shall be ensured that the conductor/groundwire is not damaged due to
wind, vibration, vehicles or other causes, So affolding should be used to cross the
important roads and Railway for minimum interruption to traffic.

The conductor shall be pulled upto desired sag and left in serial stringing
sheaves for at least one hour after which the sag shall be re-checked and adjusted, if
necessary, before cliping in and transferring the conductors from the serial
stringing sheaves to the suspension clamp.

Conductors shall be clamped with in 24 hours of sagging in. The sag will
be checked in the larger spans of the section in case of sections upto eight spans
and in one intermediate larger span also for section with more than eight spans..

The stringing sheaves, when suspended on the transmission structure

for sagging, shall be so adjusted that the conductor will be on the sheaves at the
same height as the suspension clamp to which it is secured.

The stringing of the groundwire shall be done in accordance with the

stringing charts approved by the purchaser. The details of operations proposed to
be followed by the tenderer shall be indicated in the tender.

The groundwire shall be strung to run continuously over the conductors.

The groundwire shall be pulled, sagged and clamped in from tension tower to
tension tower before the phase conductors are puled in that section.

All the line conductors shall be terminated at sub-station structures whose

details shall be furnished by the NIGAM at the appropriate time. The conductor shall
fix strain insulators on the sub-station structures

Armour rods and vibration dampers shall be fitted at each suspension

towers before final clamping of conductor with insulator strings. Vibration
dampers are to be fixed using aluminum tape with each clamping bolt and
incorrect vertical position in relation to conductor.

Compression type joints are to be used for joining of conductors. Each part
connected with joints shall be perfectly cleaned by wire brush and properly
greased before final compression. All the joints of conductor and earthwire shall be
made in the best workmanship manner and shall be perfectly straights and having
maximum possible strength V.D. shall be fitted on each location on G.W.also.

Stringing work includes hoisting the insulators fixing hardwares, fitting

armour rods and vibration dampers, making joints, repair sleeves, etc. All stringing
tools special or otherwise should be arranged by the conductor at their cost.

Proper guys shall be provided to counter balance the paying out tension of
conductor/ groundwire at the tension locations, to avoid damage to towers and/or
accidents.

18. TESTING & COMMISSIONING :

18.1 Pre commissioning tests:

28
 On completion of erection of the transmission line and before charging,
each item shall be thoroughly cleaned and then inspected jointly by the purchaser
or his duly authorised representative and the contractor for correctness and
completeness of installation and acceptability for charging leading to initial pre-
commissioning.

The contractors commissioning engineers specifically identified as far

as possible shall be responsible for carrying out all the pre-commissioning checks.
On completion of inspection, checking and after the pre-commissioning tests are
satisfactorily over, the complete line shall be ready for charging.

During the pre-commissioning checks, the operation shall be under the

supervision of the contractor, but the schedule of operations shall be agreed to by the
purchaser and the contractor. During the tests, the safety of the line materials also
etc. is the responsibility of the contractor. During the pre-commissioning,
commissioning and performance guarantee tests, the operation will be under the
supervision of the contractor if the tests are being carried out by him. In case the
tests are being carried out by a third party, the operations will be under the control of
the purchaser. In both cases, all aspects of the tests shall be agreed to by the
purchaser and the contractor and the safety of the equipment shall be the
responsibility of the contractor.

18.2 After the erection is completed in all respects, the line should be the
roughly petrolled and checked for continuity and clearances. The line should be
meggered to check its insulation level. Afterwards a line clear should be given to
the Engineer-in-charge that the line is clear and free of man and materials and is fit
to be charged. If on charging the line is found not to hold, the contractor should
arrange to petrol the line and find out the, causes for the tripping and rectify the
defect at no extra cost to the NIGAM

The Contractor shall ensure that at the end of each sub-activity the surplus
material is immediately removed from the work-site to avoid loss and injury to the
public.

19. WASTAGE:

Since the erection & commissioning of the lines included in this

specification are on turnkey basis as such no wastage is allowed for any material.

29
RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED

TECHNICAL SPECIFICATION

APPENDIX & ANNEXURE

FOR
CONSTRUCTION OF FOLLOWING TRANSMISSION LINES

(1) 220 kV D/C Transmission line

(2) 132KV D/C Transmission line

TURNKEY PROJECT
UNDER SPECIFICATION No. RVPN/KfW/ICB-6

30
 APPENDIX-I(A)

TECHNICAL PARTICULARS FOR 132KV TRANSMISSION LINES

S.NO. DECRIPTION
A GENERAL
1 Line voltage 132kV
2 No. of circuits One / Two
3 Normal span 335 M
4 Wind span 335 M
5 Weight span Tangent tower Angle tower
Maximum (downwards) 1.5x335=503 M 1.5x335=503 M
Minimum (downwards) 0.65x335=218 M
Minimum (upwards) 0.65x335=218 M
B CONDUCTOR { IS:398 (Part-II) 1996 }
1 Material 200Sq.mm. Nominal Aluminium area ACSR
galvanized steel reinforcement
2 Size & stranding Al 30/3.00 + St – 7/3.00 mm
Code ‘Panther’
3 Total sectional area 2.616 Sq.cm.
4 Ultimate strength 9144 Kgs. (89.67 KN)
5 Overall diameter 2.10 cm.
6 Weight 974 Kg/Km
C INSULATOR
1 Size of disc 25.5 cm 25.5 cm dia spaced at 14.6 cm.
2 Type of disc Conventional ball & socket type
3 No. of disc
(a) Suspension string 9
(b) Tension string 10
4 Insulator string Length without ha Weight Electro Mechanical
Kg. (App.) Strength (Kg.)
(a) Single Suspension 1676 60 7000
(b) Double Suspension 1909 125 7000
(c) Single Tension 2230 100 12000
(d) Double Tension 2575 200 12000
D EARTH WIRE (IS:12776 – 2002)
1 Material Galvanised stranded steel wire
2 Size & stranding 7/3.15 mm of 110 Kg/mm2 quality
3 No. of ground wires One on each tower
4 Ultimate strength 5505 Kg (54 KN)
5 Overall diameter 0.945 mm
6 Weight 428 Kg/Km

31
 APPENDIX-I(B)

TECHNICAL PARTICULARS FOR 220KV TRANSMISSION LINES

S.NO. DECRIPTION
A GENERAL
1 Line voltage 220kV
2 No. of circuits One / Two
3 Normal span 350 M
4 Wind span 350 M
5 Weight span Tangent tower Angle tower
Maximum (downwards) 1.5x350=525 M 1.5x350=525 M
Minimum (downwards) 0.65x350=228 M
Minimum (upwards) 0.65x350=228 M
B CONDUCTOR { IS:398 (Part-II) 1996 }
1 Material 400Sq.mm. Nominal Aluminium area ACSR
galvanized steel reinforcement
2 Size & stranding Al 54/3.18 + St – 7/3.18 mm
Code ‘Zebra’
3 Total sectional area 484.5 Sq.mm.
4 Ultimate strength 13290 Kgs. (130.32 KN)
5 Overall diameter 28.62 mm.
6 Weight 1621 Kg/Km
C INSULATOR
1 Size of disc 25.5 cm 25.5 cm dia spaced at 14.6 cm.
2 Type of disc Conventional ball & socket type
3 No. of disc
(a) Suspension string 13
(b) Tension string 14
4 Insulator string Length without ha Weight Electro Mechanical S
Kg. (App.)
(a) Single Suspension 2256 80 7000
(b) Double Suspension 2515 175 7000
(c) Single Tension 2940 130 12000
(d) Double Tension 3215 275 12000
D EARTH WIRE (IS:12776 – 2002)
1 Material Galvanised stranded steel wire
2 Size & stranding 7/4.00 mm of 110 Kg/mm2 quality
3 No. of ground wires One on each tower
4 Ultimate strength 8883 Kg (87.1 KN)
5 Overall diameter 12.0 mm
6 Weight 729 Kg/Km

32
 APPENDIX-I(C)

TECHNICAL PARTICULARS FOR 220KV TRANSMISSION LINES SPECIAL STRUCTURE

S.NO. DECRIPTION
A GENERAL
1 Line voltage 220kV
2 No. of circuits Two
3 Normal span 510 M for river crossing & 200 M for line crossing
4 Wind span 510 M for river crossing & 200 M for line crossing
5 Weight span (acting downward 1.5 times the nominal span
B CONDUCTOR { IS:398 (Part-II) 1996 }
1 Material 400Sq.mm. Nominal Aluminium area ACSR
galvanized steel reinforcement
2 Size & stranding Al 54/3.18 + St – 7/3.18 mm
Code ‘Zebra’
3 Total sectional area 484.5 Sq.mm.
4 Ultimate strength 13290 Kgs. (130.32 KN)
5 Overall diameter 28.62 mm.
6 Weight 1621 Kg/Km
C INSULATOR
1 Size of disc 25.5 cm 25.5 cm dia spaced at 14.6 cm.
2 Type of disc Conventional ball & socket type
3 No. of disc
(a) Suspension string 13
(b) Tension string 14
4 Insulator string Length without ha Weight Electro Mechanical S
Kg. (App.)
(a) Double Suspension 2515 175 7000
(b) Double Tension 3215 275 12000
D EARTH WIRE (IS:12776 – 2002)
1 Material Galvanised stranded steel wire
2 Size & stranding 7/4.00 mm of 110 Kg/mm2 quality
3 No. of ground wires One on each tower
4 Ultimate strength 9810
5 Overall diameter 12.0 mm
6 Weight 729 Kg/Km

NOTE:-
1. Normal height of the special structure should be designed in accordance with the river crossing.
2. Ground level is to be considered as maximum flood level in case of river crossing.
3. Since, most of the rivers are of such nature in which water flows only for a limited period and during dry period,
the river bed is used by the pedestrians to cross it, in such situation, it will require a ground clearance of 7
meters.
4. During dry period, the depth of the river may be taken as 2 meters below the ground level.
5. Tower is to be designed for 2 Deg. line deviation however, arrangements are to be made at cross-arm trips for
attaching double tension insulator strings also.
6. The height of the 220kV D/C lines to be crossed by these structures is to be taken as 34 meters.
7. Suitable extension of 4.5, 9 and 18 meters are to be provided with these special structures so as to achieve the
requirement of line crossing.
8. Since, there is a possibility of stringing of only one of these, double circuit structures at initial stage, these
structures should be designed with S/C strung conditions.

33
 APPENDIX-II

DETAILS OF CLEARANCES

1 Line Voltage 132kV 220kV

2 No. of circuits One/Two One/Two
3 Minimum Electrical Clearance
between Conductors.
(i) Vertical 3900 4900
(ii) Horizontal 6600 8400
4 Clearance:
(a) Single suspension string with
angle of swing:-
(i) NIT 1530mm 2130mm
(ii) 15 Deg. 1530mm 1980mm
(iii) 30 Deg. 1370mm 1830mm
(iv) 45 Deg. 1220mm 1675mm
(v) 60 Deg. 1070mm
(b) Double suspension string – 1530mm 2130mm
angle of swing
(c) Tension string( Single /double- 1530mm 2130mm
With no swing
(d) Jumper with angle of swing:
(i) NIT 1530mm 2130mm
(ii) 10 Deg. 1530mm 2130mm
(iii) 20 Deg. 1070mm 1675mm
(iv) 30 Deg. 1070mm
5 Minimum Ground Clearance 6.1 M 7.0 M
6 Minimum vertical Mid Span 6.1 M 8.5 M
clearance between earth wire and
the nearest power conductor

34
 APPENDIX-III

FOUNDATION PARTICULARS

LINE VOLTAGE : 220KV AND 132KV

NO. OF CIRCUIT : ONE/TWO

S.NO. DESCRIPTION DETAILS

Type of soil(s) clay (i) Dry
(ii) Wet
(iii) Partially submerged
(iv) Fully submerged
Ultimate bearing pressure (Kg./Sq.m.) (i) Dry - 30000
(ii) Wet – 10900
Angle of internal friction of soil (Degr (i) Dry - 25
(ii) Wet – 10
Weight of earth (Kg./Cu.m.) (i) Dry - 1440
(ii) Wet – 940
Weight of concrete (Kg./Cu.m.) (i) Dry - 2200
(ii) Wet – 1200
Concrete Mixture
Pad M100 – 1:3:6 (Size of the aggregatge 40.0m.m.)
Pyramid or stepped part M150 – 1:2:4 (Size of the aggregatge 40.0m.m.)
Chimney M150 – 1:2:4 (Size of the aggregatge 20.0m.m.)
Minimum thickness of concrete over s 100 mm
Minimum chimney size 300 mm square
Length of stub concrete 1500.00 mm
Distance between lower edge of stub a 100 – 150 mm
of base concrete
Distance above ground level of joint o 600.00mm Out of this 300mm of stub member ab
and super structure (Shall be encased in concrete)

NOTE:- The magnitude of limit loads for foundation shall be taken 10% higher than those for
the corresponding towers.

35
 Appendix-IV( 1)
GUARANTEED TECHNICAL & OTHER PARTICULARS OF 70KN & 120KN DISC INSULATORS/
132KV & 220KV, SUSPENSION(70KN) & TENSION (120KN) PORCELAIN LONGROD INSULATORS

S.N DESCRIPTION DETAILS

O.
For 70 KN For 120 KN
1 Type Conventional Ball & Socket, Disc Insulators “B”/ Porcelain longrod
insulators“A”
2 Specification to which the insulator IS:731/1971, latest amendments, IEC-383, IS:3188/1988,
shall confirm IS:2486(Pt-I)/1993(Second Rev.), IS:2486(Pt-II)/1989 (Second Rev.) &
IS:2486 (Pt-III) / 1974, latest edition of IEC:433/1980 & IEC:575/1977
3 Dimension
(a) Diameter 255 mm (disc)
(b) Spacing 145 mm (disc)
(c) Tolerance AS per relevant ISS
(d) Colour Brown
(e) Surface Glazed
(f) Description (Material & surface
treatment)
(i) Socket cap MCI / SGI
(ii) “W/R” Clip Phospher Bronze / Stainless steel
(iii) Cushion
(iv) Ball Pin Drop forged steel
4 Creepage distance
(a) For 70KN Disc 280 mm (Min.)
(b) For 120KN Disc 290 mm (Min.)
(c) For 132kV string for moderately 2250 mm (Min.)
polluted atmosphere (total)/porcelain
longrod insulator
(d) For 220kV string for moderately 3800 mm (Min.)
polluted atmosphere (total)/ porcelain
longrod insulator
5 Ball Dia 16 mm 20 mm
Visible discharge test (disc) 9 kV (RMS)
Wet power frequency withstand 35 kV (RMS)
test(disc)
Impulse voltage withstand test(disc) 75 kV (Peak)
6 Electromechanical strength 70 KN 120 KN
7 All electrical & mechanical values of Confirming to highest system voltage 245kV/145kV in Table-1A of
string IS:731/1971 (with latest amendments)
8 No. of Disc for single tension string -------- -------- 10 Nos.- For 132kV system
for normal tension location &
14 Nos.- For 220kV system
9 No. of Disc for double tension string -------- -------- 2X10 Nos.- For 132kV
for special tension location system &
2X14 Nos.- For 220kV
system
10 No. of Disc for single suspension string 09 Nos.- 13 Nos.- For 220kV system --------
for normal suspension location For 132kV
system
11 No. of Disc for double suspension string 2X9 Nos.- 2X13 Nos.- For 220kV system --------
for normal suspension location For 132kV
system
12 Power System 132kV 3 Phase, 50 Cycles effectively 220kV 3 Phase, 50 Cycles
earthed effectively earthed
(a) Highest system voltage 145kV (RMS) 220kV (RMS)
(b) Visible discharge test (Power frequency 105 kV (RMS) 154kV (RMS)
voltage)
(c) Wet power frequency withstand test 230kV (RMS) 395kV (RMS)
(d) Impulse voltage withstand test 550kV (Peak) 900kV (Peak)
(e) Power Frequency 1.3 times the actual dry flash over voltage of the unit
(f) Max. temperature of insulator carrying 75 Deg.C.
current and exposed to Sun
36
 Appendix-IV( 2)

GUARANTEED TECHNICAL & OTHER PARTICULARS OF SINGLE SUSPENSION,

DOUBLE SUSPENSION, SINGLE TENSION & DOUBLE TENSION HARDWARE
FITTINGS SUITABLE FOR ACSR "ZEBRA" & ACSR "PANTHER" CONDUCTOR.
S.NO. DESCRIPTION SINGLE& DOUBLE SUSPENSION HARDWARE
SINGLE & DOUBLE TENSION HARDWARE
1 Drawing No. RRVN/SE/TLPC/
(a) 07/223-S/S Zebra
(b) 07/220-D/S Zebra
(c) 07/218-S/T Zebra
(d) 07/217-D/T Zebra
(e) 07/225-S/S Panther
(f) 07/228-D/S Panther
(g) 07/224-S/T Panther
(h) 07/219-D/T Panther
2 Size & designation of Ball and Suspension H/W : 16mm
Socket with Standard spec. to which Tension H/W : 20mm
it conforms As per IS:2486/ P- I to IV, latest amendment
3 Hardwares components description
Socket Clevis / Tongue / Eye FS
Ball Clevis / Eye FS
Clevis Clevis / Eye FS
Chain Link FS
Yoke Plate MS
Arcing Horn MS
Security Clip SS
Ball Hook/ U-shackle / U-clevis FS
Fasteners
Plain washers MS
Split pins BRASS / SS
Nuts & Bolts MS / FS
Spring washers SS
Cotter pins FS / MS
4 Standard Specifications to which the IS:2486/ Part-I to IV
material
conforms to
5 Standard Specifications to which the IS:2633 : Hot dip Galv.
galvanizing conforms to IS: 1577: Electro Galv.
6 Clamps
(i) Components description Suspension clamps Tension clamps
(a) Clamp body H.S. Al. Alloy /Alu. EC grade Al.
Alloy Gt.4600 of IS:617 (Min. purity 99.5%)
latest amendments
(b) Keeper Plate H.S. Al. Alloy
(c) Steel sleeve FS
(ii) Slip strength 8 to 15% of conductor 95% of conductor
breaking load breaking load
(iii) Breaking strength
ACSR ZEBRA 7000 Kgs 13289 Kgs
ACSR PANTHER 4500 Kgs 9144 Kgs.
(iv) Electrical resistance 75% of the resistance
of Conductor
7 Complete String
(i) Mechanical failing load Suspension clamps Tension clamps
ACSR ZEBRA 7000 Kgs 13289 Kgs
ACSR PANTHER 4500 Kgs 9144 Kgs.

37
 Appendix-IV( 3)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR ARMOUR ROD

SUITABLE FOR ACSR "ZEBRA" & ACSR "PANTHER" CONDUCTOR.

S.NO. DESCRIPTION ACSR ZEBRA ACSR PANTHER

1 Drawing No. RRVN/SE/TLPC/07/213
2 Type Pre – formed
3 Suitable for (Conductor size) 28.62 mm 21 mm
No. of rods per set 12 11
4 Breaking strength of single rod Min. 35 Kg per sq.mm.
5 Length of each rod 2540 mm 1930 mm
6 Diameter of each rod 7.87mm, 6.35mm
Tolerance – Tolerance –
0 to -1mm 0 to -1mm
7 Tolerance in dimensions 0 to (-)51 mm
8 (a) Raw material used Al. Alloy
8 (b) Percentage purity of raw material 99% purity
used
9 Standard to which material will be IS:2121 / Part- I / 1981
manufactured and tested
10 Conductivity Min. 39% of IACS
11 Lay of Helix Right Hand
12 Slip strength 25% of UTS of conductor

38
 Appendix-IV( 4)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR MID SPAN COMPRESSION JOINT
SUITABLE FOR ACSR "ZEBRA" & ACSR "PANTHER" CONDUCTOR.

S.NO. DESCRIPTION ACSR ZEBRA ACSR PANTHER

1 Drawing No. RRVN/SE/TLPC/04/214
2 Type Compression
3 Suitable for (Conductor size) 28.62 mm 21 mm
4 Outside diameter of sleeves
(a) Before compression
(i) Aluminium 48 mm 38mm
(ii) Steel 20.8 mm 18mm
(b) After compression
(i) Aluminium 40/46 mm 32/37 mm
(ii) Steel 17.5/20.2 mm 15.1/17.4 mm
5 Guaranteed breaking load strength 95%
of the mid span joint as percentage
of ultimate tensile strength of
conductor
6 Conductivity of the compression 100%
joint expressed as percentage of the
conductivity of the conductor
7 Guaranteed slip strength of the mid 95%
span joints expressed as percentage
of ultimate tensile strength of
conductor
8 Resistance as percentage of Less than 75%
measured resistance of equivalent
length of conductor
9 Standard specification to which the IS:2121/P-II/1981 with latest amendments
material will be manufactured and
tested

39
 Appendix-IV( 5)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR REPAIR SLEEVES

SUITABLE FOR ACSR "ZEBRA" & ACSR "PANTHER" CONDUCTOR.

S.NO. DESCRIPTION ACSR ZEBRA ACSR PANTHER

1 Drawing No. RRVN/SE/TLPC/07/229
2 Type Compression
3 Suitable for (Conductor size) 28.62 mm 21 mm
4 Outside diameter of sleeves
(a) Before compression
(i) Aluminium 48 mm 38mm
(b) After compression
(i) Aluminium 40/46 mm 32/37 mm
5 Standard specification, to which IS:2121, P-II, 1981
the material will be manufactured
and tested

40
 Appendix-IV( 6)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR VIBRATION

DAMPERS SUITABLE FOR ACSR "ZEBRA" & ACSR "PANTHER" CONDUCTOR.

S.NO. DESCRIPTION ACSR ZEBRA ACSR PANTHER

1 Drawing No. RRVN/SE/TLPC/
(i) 07/212 – For ACSR Zebra
(i) 07/211 – For ACSR Panther
2 Type 4R
3 Messenger Cable
(a) Total no. of strands 19
(b) Strength of the steel used 135 Kg/Sq.mm.
(c) Shield or not Shield
4 Magnetic power loss value of Less than 1 watt -------
damper at current rating value of for 500 A
conductor
5 Material, its type and composition
for various dampers components
(a) Clamps Al. Alloy
(b) Damper mass Cast iron
(c) Messenger cable High strength steel
(d) Bolts & Nuts MS
6 Mass Pull off load 500 Kg. (Min.)
7 Acceptance curve for damping IS:9708 / 1993
efficiency

41
 Appendix-IV( 7)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR VIBRATION

DAMPERS SUITABLE FOR 7/3.15mm & 7/4.00mm GSS EARTH WIRE.

S.NO. DESCRIPTION 7 / 4.00 mm 7 / 3.15 mm

1 Drawing No. RRVN/SE/TLPC/07/227
2 Type 4 R Stock Bridge
3 Messenger Cable
(a) Total no. of strands 19
(b) Strength of the steel used 135 Kg/Sq.mm.
(c) Shield or not Shield
4 Material, its type and composition
for various dampers components
(a) Clamps Al. Alloy
(b) Damper mass Cast iron
(c) Messenger cable High strength steel
(d) Bolts & Nuts MS
5 Mass Pull off load 500 Kg. (Min.)
6 Acceptance curve for damping IS:9708 / 1993
efficiency

42
 Appendix-IV( 8)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR MID SPAN

COMPRESSION JOINT SUITABLE FOR 7/3.15mm & 7/4.00mm GSS EARTH WIRE.

S.NO. DESCRIPTION 7 / 4.00 mm 7 / 3.15 mm

1 Drawing No. RRVN/SE/TLPC/07/215
2 Type Compression
3 Suitable for (Earthwire size) 7/4.00 mm 7/3.15 mm
4 Guaranteed breaking load 95% of breaking load of respective
strength of the mid span joint ground wire
as percentage of ultimate
tensile strength of conductor
5 Guaranteed slip strength of 95% of breaking load of respective
the mid span joints expressed ground wire
as percentage of ultimate
tensile strength of conductor
6 Resistance as percentage of Less than 75%
measured resistance of
equivalent length of
conductor
7 Standard specification to IS:2121 with latest amendments
which the material will be
manufactured and tested

43
 Appendix-IV( 9)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR REPAIR SLEEVES

SUITABLE FOR 7/3.15mm & 7/4.00mm GSS EARTH WIRE.

S.NO. DESCRIPTION 7 / 4.00 mm 7 / 3.15 mm

1 Drawing No. RRVN/SE/TLPC/07/222
2 Type Compression
3 Suitable for (Earthwire size) 7/4.00 mm 7/3.15 mm
4 Guaranteed breaking load 95% of breaking load of respective
strength of the mid span joint ground wire
as percentage of ultimate
tensile strength of conductor
5 Guaranteed slip strength of 95% of breaking load of respective
the mid span joints expressed ground wire
as percentage of ultimate
tensile strength of conductor
6 Resistance as percentage of Less than 75%
measured resistance of
equivalent length of
conductor
7 Standard specification to IS:2121 with latest amendments
which the material will be
manufactured and tested

44
 Appendix-IV( 10)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR STRAIN ASSEMBLY

SUITABLE FOR 7/3.15mm & 7/4.00mm GSS EARTH WIRE.

S.NO. DESCRIPTION 7 / 4.00 mm 7 / 3.15 mm

1 Drawing No. RRVN/SE/TLPC/07/226
2 Type Compression
3 Manufactured as per ISS IS : 2121
4 Material used
(i) U-Clevis FS
(ii) Clamp FS
(iii) Fasteners
(a) Nuts & Bolts MS/FS
(b) Plain washers MS
(c) Spring washers Spring steel
(d) Cotter pin FS/MS
(e) Split pin Brass/SS
5 Min. Slip strength in Kg. 5520 Kgs
6 Min. Ultimate strength 5810 Kgs
7 No. of U-Shackles per assembly 2
8 No. of Dead end clamp 1

45
 Appendix-IV( 11)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR SUSPENSION ASSEMBLY

SUITABLE FOR 7/3.15mm & 7/4.00mm GSS EARTH WIRE.

S.NO. DESCRIPTION 7 / 4.00 mm 7 / 3.15 mm

1 Drawing No. RRVN/SE/TLPC/07/216
2 Type Envelope
3 Manufactured as per ISS IS : 2121/P-III/latest amendments
4 Material used
(i) Eye Hook FS
(ii) Clamp & Keeper MCI
(iii) Fasteners
(a) Nuts & Bolts MS/FS
(b) Plain washers MS
(c) Spring washers Spring steel
(d) Cotter pin FS/MS
(e) Split pin Brass/SS
5 Min. Slip strength in Kg. 5520
6 Min. Ultimate strength 5810 Kgs
7 Tested on standard spec. IS:2121/P-III
8

46
 Appendix-IV( 12)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR FLEXIBLE COPPER

EARTH BOND.

S.NO. DESCRIPTION 7 / 4.00 mm 7 / 3.15 mm

1 Drawing No. RRVN/SE/TLPC/04/221
2 Type Flexible
3 Manufactured as per ISS IS : 2121/P-III/1992, latest
amendments
4 Material used for
(i) Flexible Bond Tinned - Copper
(ii) Lugs Tinned - Copper
5 Construction of flexible Copper Standard wire
Bond 37/7/0.417mm
6 Material used for
(i) Flexible Bond (Sq.,mm) 35 (Min.)
(ii) Lengths 500mm (Min.)
7 Slip strength of Copper Bond 300 Kg. (Min.)
8 Dimension of Bolt alongwith 16 x 40 mm
Nut & Lock washer
9 Packing details Double gunny bag

47
 Appendix-IV(13)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR 7/3.15mm & 7/4.00mm GSS
EARTH WIRE.

S.NO. DESCRIPTION 7 / 3.15 mm 7 / 4.00 mm

1 Standard specification to which the material shall conform
(a) GSS Wire IS : 12776 / 2002 (latest amended)
(b) Galvanisation IS : 12776 / 2002 (latest amended)
(c) Wooden drum IS : 12776 / 2002 (latest amended)
2 Size and No. of wires in GSS wire 7 / 3.15 mm 7 / 4.00 mm
3 Tolerance in diameter on individual strand Min. – 3.07 mm Min. – 3.92 mm
Max. – 3.25 mm Max. – 4.08 mm
4 Overall diameter of GSS wire (in mm with 9.45 mm 12.00 mm
tolerance) Min. – 9.21 mm Min. – 11.76 mm
Max. – 9.75 mm Max. – 12.24 mm
5 Sectional area (in sq.mm.) 54.55 87.96
(on nominal dia. Of (on nominal dia. Of single
single wire) wire)
6 Weight of GSS wire (in Kg/Km) 426 687
7 Minimum Elongation (on 200mm gauge length) (in %)
(i) Before stranding 4%
(ii) After stranding 3.5 %
8 Minimum breaking load of GSS wire (in 54.00 87.10
KN)
9 Minimum Tensile strength of wire (in N/ Sq.mm.)
(i) Before stranding 1100
(ii) After stranding 1050
10 Zinc coating on wires
(a) Amount of coating (gm/sq.m.)
(i) Before stranding 240 260
(ii) After stranding 228 238
(b) Uniformity of coating
(i) Before stranding 3 dips of a minute
(ii) After stranding 2 dips of 1 minute and
1 dip of ½ minute
11 Equivalent modulus of Elasticity in Kg / 19 x 10
Sq.mm.
12 Co-efficient of linear expansion (Per Deg. 11.5 x 10
Centigrade)
13 Torsion of wire on 100 D
(i) Before stranding 20
(ii) After stranding 18
14 Strand lay and lay length (in mm) RH – Min 123mm RH – Min 156 mm
Max 265mm Max 336 mm
15 Maximum D.C. resistance per Km. of the 3.41 2.09
wire with connected to standard weight at
20 Deg.C
(in Ohm)

48
16 Full particulars and specification of Heavily coated as laid down in IS-4826/1979 (latest
Galvanisation amended)
17 Standard length of GSS wire with tolerance 1500 Mtrs., +/- 5%
in each drum
18 No. of standard lengths of GSS wire in One / Two lengths
each drum
19 Dimensions of drum As per IS:1778 (latest)
20 Packing details As per specification

Appendix-IV(14)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR ELECTROGALVANISED

SPRING WASHERS.

S.NO. DESCRIPTION DETAILS

1 Specification & standards for
(a) Spring washers As per IS : 3063 / 1994
(b) Galvanising As per IS:1573/1986, Grade-4 with latest
amendments
2 Size M 16 – B
3 Tolerance As per IS : 3063 / 1994
4 Raw material
(a) Grade Service Grade 3
(b) Type of Steel used Carbon steel Grade 3 as per IS:4072/1975
with latest amendments
5 Chemical Composition ( % ) IS:4072/1975 service grade 3/
Designation 70 C 6
(a) Carbon % Max. 0.65 to 0.75 %
(b) Phosphorous % max. 0.05 %
(c) Sulpher % Max. 0.05 %
(d) Silicon % max. 0.10 to 0.35 %
(e) Manganese % Max. 0.50 to 0.80 %
6 Standard to which spring washer
shall conform
(i) Sampling procedure confirming to As per IS:6821/1973 for spring washers &
ISS As per IS:1573/1986 for galvanizing
(ii) Inspection/checking/testing as per As per IS:3063/1994 & IS:4072/1996
ISS
(iii) Dimensions
(a) Internal diameter 16.2 + 0.8 mm
(b) Wire section (5 +/- 0.2) x (3.5 +/- 0.2)
(c) Free height 7.00mm Min. & 8.30mm Max.
(iv) Hardness test 43.6 to 50 HRC
(v) Twist test No sign of fracture upto 90 deg.
(vi) Permanent set test As per IS:3063/1994
(vii) Galvanising 25 Microns - Min. local thickness &
38 Microns – Min. average thickness
(viii) Standard specn. according to which As per IS:1573/1986, Service Grade – 4
quality and process of galvanizing
shall confirm
49
7 Weight of spring washers 0.891MT per Lac Nos. as per IS:3063/1994

Appendix-IV(15)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR G.I. BOLTS & NUTS.

S.NO. DESCRIPTION DETAILS

1 Specification & standards for Galvanised As per IS:12427/2001, IS:1363(Pt-III)/1992, IS:1367
Bolts – Nuts (Pt-2/2002,3/2002&6/1994) & IS:14394/1996
2 Property class
(a) For Bolt “5.6” (as per IS:12427/2001) & properties as specified
in IS:1367 (Part-3)/2002
(b) For Nut “5” (as per IS:12427/2001) & properties as specified in
IS:1367 (Part-6)/1994
3 Tolerance As per IS:1367 (Part-2)/2002
4 Raw material
(a) Grade “C” as specified in IS:1367 (Part-II)/2002
(b) Type of Steel used Low or medium Carbon steel
(c) Dimension Nominal dia - 16 mm
(d) Length of Bolt 35,40,45,50,55,60,65,70,75 &85(as per IS:12427/2001)
(e) Length of Nut 15 mm (as per IS:1363 (Part-3)/1992
5 Chemical Composition ( % )
(i) For Hexagonal Bolts:
(a) Carbon % Max. 0.15 to 0.55 %
(b) Phosphorous % max. 0.05 %
(c) Sulpher % Max. 0.06 %
(ii) For Hexagonal Nuts:
(a) Carbon % Max. 0.50 %
(b) Phosphorous % max. 0.06 %
(c) Sulpher % Max. 0.15 %
6 Mechanical properties
(i) For Hexagonal Bolts:
(a) Tensile strength (N/Sq.mm.) 500 (Min.)
(b) Yield Stress (N/Sq.mm.) 300 (Min.)
(c) Stress under proof load (N/Sq.mm.) 280 (Min.)
(d) Brinell Hardness HB 147 (Min.)
(e) Rockwell Hardness HRB 79 (Min.)
(f) Vickers Hardness HV 155 (Min.)
(g) Elongation after fracture % Min. 20%
(h) Strength under wedge loading 500 (Min.) N/Sq.mm.
(i) Head Soundness No fracture
(j) Impact strength test (J) 25 (Min.)
(ii) For Hexagonal Nuts:
(a) Proof stress (N/Sq.mm.) 490 (Max.)
(b) Vickers Hardness HV- (Min.-Max.) 130-302
7 Galvanising
(Hot dip mass and eqt. Thickness of coating)
(a) Min. average coating
(i) Mass g/Sq.M 375

50
(ii) Thickness micrometer 54
(b) Minimum individual coating
(i) Mass g/Sq.M 300
(ii) Thickness micrometer 43
8 Sampling procedure
(a) For G.I. Bolt-Nuts As per IS:1367 (Part-17)/1996
(b) Galvanising IS:1367 Pt-XIII – 1983
9 Whether the material bear ISI certification mark YES

Appendix-IV(16)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR G.I. STEP BOLTS WITH
TWO NUTS & TWO PLAIN WASHERS.

S.NO. DESCRIPTION DETAILS

1 Specification & standards for Galvanised As per IS:10238/2001 & IS:1363(Pt-III)/1984
Bolts – Nuts IS:1367(Pt-II/2002), (Pt-III/2002),(Pt-VI/1994),
(Pt-XIII/1988) and IS:12427/2001
With latest amendments
2 Property class
(a) For Bolt 4.6 (IS:1367 Pt-III/2002)
(b) For Nut 5 (IS:1367 Pt-VI/1994)
3 Tolerance for Step Bolt-Nuts As per IS:10238/2001, IS:2016/1967 &
IS:1367 (Part-2)/2002
4 Raw material
(a) Grade C
(b) Type of Steel used Low or medium Carbon steel
(c) Dimension M 16
(d) Length of Bolt 175mm (as per IS:10238/2001)
Plain washer (as per IS:2016/1967)
5 Chemical Composition ( % )
(i) For Step Bolts:
(a) Carbon % Max. 0.55 %
(b) Phosphorous % max. 0.05 %
(c) Sulpher % Max. 0.06 %
(ii) For Nuts:
(a) Carbon % Max. 0.50 %
(b) Phosphorous % max. 0.06 %
(c) Sulpher % Max. 0.15 %
6 Mechanical properties
(i) For Step Bolts:
(a) Tensile strength (N/Sq.mm.) 400 (Min.)
(b) Yield Stress (N/Sq.mm.) 240 (Min.)
(c) Stress under proof load (N/Sq.mm.) 225 (Min.)
(d) Brinell Hardness HB 114 (Min.)
(e) Rockwell Hardness HRB 67 (Min.)
(f) Vickers Hardness HV 120 (Min.)
(g) Elongation after fracture % Min. 22%
(h) Strength under wedge loading 400 (Min.) N/Sq.mm.
(i) Head Soundness No fracture
(j) Cantilever load Kgs. 150 (Max.)
(ii) For Nuts:
(a) Proof stress (N/Sq.mm.) 490 (Max.)
(b) Vickers Hardness HV (Min.-Max.) 130-302

51
7 Galvanising
(Hot dip mass and eqt. Thickness of
coating)
(a) Min. average coating
(i) Mass g/Sq.M 375
(ii) Thickness micrometer 54
(b) Minimum individual coating
(i) Mass g/Sq.M 300
(ii) Thickness micrometer 43
8 Sampling procedure
(a) For Step Bolt with two nuts & two plain As per IS:1367 (Part-17)/1996
washers
(b) Galvanising IS:1367 Pt-XIII – 1983

Appendix-IV(17)

GUARANTEED TECHNICAL & OTHER PARTICULARS FOR DANGER PLATE, PHASE

PLATE & NUMBER PLATE.

S.NO. DESCRIPTION DETAILS

1 Specification & standards
(i) General checking 1) Visual as per IS:2551 – 1982
2) Dimensional
3) Description printed
(ii) Colour Enamelling Thickness of Enamel & whether proofness as
per IS:5 -1978 with latest amendments
(iii) Resistance to citric acid at room As per IS:3972 (Pt-II/Sec-I)-1985 with latest
temperature and boiling temperature amendments
(iv) Low & High voltage tests for As per IS:3972 (Pt-2/Sec-II)-1985 with latest
detecting and locating defects amendments
(v) Production of specimen for testing As per IS:3972 (Pt-1/Sec-I)-1982 with latest
amendments
2 Thickness of M.S. plate 1.6 mm
3 Diameter of holes
a) For Danger plate 17.5 mm dia holes
b) For Phase plate 17.5 mm dia holes
c) For Number plate 17.5 mm dia holes
4 Colour Enamel
a) For Danger plate The danger plate shall be vitreous enameled
coloured white with letters, figures &
conventional skull and cross bones in signal
red colour conforming to IS-5-1978 on the
front side and rear side should be enameled
black. Holders for fixing the plates should be
drilled not punched.
b) For Phase plate The phase plate shall be vitreous enameled
coloured both sides with Red, Blue and
Yellow for phase representation (Equal
quantities)
c) For Number plate The number plate shall be vitreous enameled.
Red coloured numbers on white background.
5 Marking Power
52
 Appendix-V

LIST OF DRAWINGS RELATING TO LINE MATERIALS

S.NO. NAME OF ITEM

1 EARTHING ARRANGEMENT FOR 220kV/132kV TRANSMISSION LINE TOWERS

2 DANGER PLATE FOR 220KV

3 DANGER PLATE FOR 132KV

4 PHASE PLATE

5 NUMBER PLATE

53
54
55
56
57
58
TYPE TESTS

The type tests reports for the following items will be as under:-

(A) Hardware fittings & Accessories for conductor and Earthwire

(i) On Suspension Hardware Fitting: (IS:2486 part-I/1993 with latest amendment)

a. Visual examination test

b. Verifications of dimensions
c. Slip strength test
d. Chemical composition test (on string fitting)
e. Galvanizing test/Electroplating test
f. Ultimate Strength/ Mechanical Strength test

(ii) On Tension Hardware Fittings (IS:2486 part-I/1993 with latest amendment)

a. Visual examination test

b. Verifications of dimensions
c. Slip strength test
d. Chemical composition test (on string fitting)
e. Galvanizing test/Electroplating test
f. Ultimate Strength/ Mechanical Strength test
g. Electrical resistance test
h. Heating cycle test

(iii) Mid Span Compression Joint for Conductor and Earthwire:

(IS:2121 part-II/1981 & part-III/1992 with latest amendment)
a. Visual examination test
b. Verification of dimension
c. Failing load test/slip strength test
d. Electrical resistance test
e. Heating cycle test (for conductor only)
f. Galvanizing test
g. Chemical Composition test (For Earth Wire only)

(iv)Repair Sleeves for conductor & Earthwire

(IS:2121 part-II/1981 with latest amendment)

a. Visual examination
b. Verification of dimension
c. Failing load
d. Electrical resistance test
e. Galvanising test (for earthwire)
f. Chemical composition test (for earth wire)

(v) Flexible Copper Earthbond (IS:2121 part-III/1992 with latest amendment)

a. Visual examination
b. Verification of dimension
c. Slip strength test
d. Chemical composition test
e. Galvanising test

(vi) Vibration Damper for Conductor & Earthwire

(IS:9708/1993 with latest amendment)
a. Visual examination
b. Verification of dimension
c. Resonance frequency test
d. Fatigue test
e. Mass Pull off test
f. Dynamic characteristic test
g. Damping efficiency test
59
h. Clamp Slip test
i. Clamp Bolt Torque test
j. Galvanising/electroplating test
k. Magnetic power loss test (for Zebra conductor).

(vii) P.A. Rod (IS:2121 part-I with latest amendment)

a. Visual Examination
b. Verification of dimension
c. Tensile strength test
d. Electrical resistance test
e. Slip Strength test
f. Bend test
g. Resilient test

(viii) Earthwire Suspension Clamp Assembly.

(IS:2121 part-III/1992 with latest amendment)

a. Visual examination test

b. Verification of dimension
c. Slip strength test
d. Mechanical strength test
e. Chemical composition test
f. Galvanising test

(ix) Earthwire Tension Clamp Assembly

(IS:2121 part-III/1992 with latest amendment)

a. Visual examination
b. Verification of dimension
c. Electrical resistance test
d. Mechanical strength test
e. Chemical composition test
f. Galvanising test

(B) GSS Earthwire (7/3.15mm &7/4.0mm)

(i) Breaking Force Test IS:12776

(ii) Elongation Test IS:12776
(iii) D.C. Resistance Test IS:12776

(C) Galvanised Bolts & Nuts : (Ref IS:12427)

For Bolts only :

(a) Tensile test

(b) Hardness test
(i) Rockwell (HRB) test
(ii) Vickers (HV) test
(iii) Brinells (HB) test
(c) Proofing load test
(d) Wedge loading test
(e) Chemical composition test

For Nuts only :

(a) Mechanical properties

(i) Proofing stress
(ii) Vickers Hardness test
(b) Chemical composition test

For Both Bolts & Nuts :

60
(i) Galvanising test ( Mass & Thickness)
The galvanised Nuts & Bolts should also bear ISI certification mark.

( D) Spring washers / Washers( Ref IS:3063)

(a) Chemical composition test (IS 4072)

(b) Mechanical properties test (IS 3063)
(i) Hardness test
(ii) Permanent load test
(iii) Permanent set test
(iv) Twist test
(c) Galvanising test

(E) Step Bolts.(Ref IS:10238)

(a) Tensile test

(b) Hardness test
(c) Rockwell (HRB) test
(d) Vickers (HV) test
(e) Brinells (HB) test
(f) Proofing load test
(g) Wedge loading test
(h) Chemical composition test

(F) On each type of Disc Insulator / Long rod insulators unit

(a) Verification of dimensions

(b) Thermal mechanical performance test
(c) Power frequency voltage withstand and flashover Test (i) dry (ii) wet
condition
(d) Impulse voltage withstand and flashover test (dry)
(e) Visible Discharge test (dry)
(f) RIV test (dry)
(g) Residual strength Test (only on disc insulators)
(h) Steep wave front test (only on disc insulators)
(i) Impact Test (only on disc insulators)

61