Nit FGD O&m Forms & Procedures
Nit FGD O&m Forms & Procedures
17thSept
2020
NOTICE INVITING
TENDER
(Document No PS:MSX:NIT)
========================================================================================
Dear Sir/Madam
Sealed offers in two part bid system (National competitive bidding (NCB) are invited from reputed & experienced bidders
(meeting PRE QUALIFICATION CRITERIA as mentioned in Annexure-1) for the subject job by the undersigned on the
behalf of BHARAT HEAVY ELECTRICALS LIMITED as per the tender document. Following points relevant to the tender
may please be noted and complied with.
SL ISSUE DESCRIPTION
NO
i TENDER NUMBER BHEL/NR/SCT/DADRI FGD/UNIT#5&6 /O&M/1239
ii BROAD SCOPE OF JOB OPERATION AND MAINTENANCE OF THE FLUE GAS
DESULPHURZATION SYSTEM (FGD) OF UNIT -5&6 OF 2X490 MW,
STAGE-II AT NTPC DADRI, UTTAR PRADESH.
iii DETAILS OF TENDER DOCUMENT
a Volume-IA Technical Conditions of Contract (TCC) consisting of
Scope of work, Technical Specification, Drawings, Applicable
Procedures, Bill of Quantities, Terms of payment, etc.
b Volume-IB Special Conditions of Contract (SCC) Applicable
c Volume-IC General Conditions of Contract (GCC) Applicable
d Volume-ID Forms and Procedures Applicable
e Volume-II Price Schedule (Absolute value). Applicable
iv ISSUE OF TENDER Tender documents will be available for
DOCUMENTS downloading from BHEL eProcurement portal Applicable
(https://eprocurebhel.co.in) till due date of
submission:
v DUE DATE & TIME OF Date : 25/10/2021, Time : 10:00 hrs Applicable
OFFER SUBMISSION Place : on https://eprocurebhel.co.in
vi OPENING OF TENDER Date : 25/10/2021, Time : 15:30 hrs Applicable
Notes:
(1) In case the due date of opening of tender becomes
a non-working day, then the due date & time of offer
Registered Office : BHEL House, Siri Fort, New Delhi – 110 049, India
Website : www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 2 of 24
2.0 The offer shall be submitted as per the instructions of tender document and as detailed in this NIT. Bidders to
note specifically that all pages of tender document, including these NIT pages of this particular tender together
with subsequent correspondences shall be submitted by them, duly signed digitally using Class III DSC &
uploaded in E-Procurement Portal, as part of offer. Rates/Price including discounts/rebates, if any,
mentioned anywhere/in any form in the techno-commercial offer other than the Price Bid, shall not be
entertained.
3.0 Not Used.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 3 of 24
4.0 Unless specifically stated otherwise, bidder shall deposit EMD as per clause 1.9 of General Conditions of
Contract.
b) Bank Particulars
i). Bank Name -: STATE BANK OF INDIA
ii). Bank Telephone No.(with STD code)-: 011-23475566
iii). Branch Address-: CAG II BRANCH, NEW DELHI
4th & 5th FLOOR, REDFORT CAPITAL,
PARASNATH TOWERS, BHAI VEER SINGH
MARG, GOLE MARKET, NEW DELHI-110001
iv). Bank Fax No. (with STD code) -: 011-23475566
v). Branch Code -: 17313
vi). 9 Digit MICR Code of the Bank Branch -: 110002562
vii). Bank Account Number -: 10813608647
viii). Bank Account Type -: CASH CREDIT
ix). 11 Digit IFSC Code of Beneficiary Branch-: SBIN0017313
(Note -: In case of E-Tenders, proof of remittance of EMD should be uploaded in the E-Procurement Portal and
originals, as applicable, shall be sent to the officer inviting tender within a reasonable time, failing which the offer
is liable to be rejected.)
5.0 Procedure for Submission of Tenders: This is an E-tender floated online through our E-Procurement Site
(https://eprocurebhel.co.in). The bidder should respond by submitting their offer online only in our e-
Procurement platform at (https://eprocurebhel.co.in). Offers are invited in two-parts only.
All Technical details (e.g. Eligibility Criteria requested (as mentioned below)) should be attached in e-tendering
module, failing which the tender stands invalid & may be REJECTED. Bidders shall furnish the following
information along with technical tender (preferably in pdf format):
i. Earnest Money Deposit (EMD) furnished in accordance with NIT Clause 4.0. Alternatively, documentary
evidence for claiming exemption as per clause 29 of NIT.
ii. Technical Bid (without indicating any prices).
b. Price Bid:
i. Prices are to be quoted in the attached Price Bid format online on e-tender portal.
ii. The price should be quoted for the accounting unit indicated in the e-tender document.
iii. Note: It is the responsibility of tenderer to go through the Tender document to ensure furnishing all
required documents in addition to above, if any. Any deviation would result in REJECTION of tender
and would not be considered at a later stage at any cost by BHEL.
iv. A person signing (manually or digitally) the tender form or any documents forming part of the contract
on behalf of another shall be deemed to warrantee that he has authority to bind such other persons and
if, on enquiry, it appears that the persons so signing had no authority to do so, the purchaser may,
without prejudice to other civil and criminal remedies, cancel the contract and hold the signatory liable
for all cost and damages.
v. A tender, which does not fulfil any of the above requirements and/or gives evasive information/reply
against any such requirement, shall be liable to be ignored and rejected.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 4 of 24
DO NOT’S
Bidders are requested NOT to submit the hard copy of the Bid. In case offer is sent through hard
copy/fax/telex/cable/electronically in place of e-tender, the same shall not be considered. Also, uploading of
the price bid in prequalification bid or technical bid may RESULT IN REJECTION of the tender.
The Requirement:
1. A PC with Internet connectivity &
2. DSC (Digital Signature Certificate) (Class 3- SHA2- 2048 BIT- SIGNING & ENCRYPTION)
The process of utilizing e-procurement necessitates usage of DSC (Digital Signature Certificate)
(Class 3- SHA2- 2048 BIT- SIGNING & ENCRYPTION) and you are requested to procure the
same immediately, if not presently available with you. Please note that only with DSC, you will be able to login
the e-procurement secured site and take part in the tendering process.
7.0 Deviation with respect to tender clauses and additional clauses/suggestions in Techno-commercial bid / Price
bid shall NOT be considered by BHEL. Bidders are requested to positively comply with the same.
8.0 BHEL reserves the right to accept or reject any or all Offers without assigning any reasons thereof. BHEL also
reserves the right to cancel the Tender wholly or partly without assigning any reason thereof. Also BHEL shall
not entertain any correspondence from bidders in this matter (except for the refund of EMD).
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 5 of 24
I. LOAD: Load takes into consideration ALL the contracts of the Bidder under execution with BHEL Regions,
irrespective of whether they are similar to the tendered scope or not. The cut off month for reckoning ‘Load’ shall
be the 3rd Month preceding the month corresponding to the ‘latest date of bid submission’, in the following manner
-
(Note: For example, if latest bid submission is in Jan 2017, then the ‘load’ shall be calculated up to and inclusive
of Oct 2016)
Where ‘P’ is the sum of all unit wise identified packages (refer table-1) under execution with BHEL
Regions as on the cut off month defined above, including packages yet to be commenced, excepting
packages which are on Long Hold.
II. PERFORMANCE: Here ‘Monthly Performance’ of the bidder for all the packages (under execution/ executed
during the ‘Period of Assessment’ in all Power Sector Regions of BHEL) SIMILAR to the packages covered under
the tendered scope, excepting packages not commenced shall be taken into consideration. The ‘Period of
Assessment’ shall be 6 months preceding and including the cut off month. The cut off month for reckoning ‘Period
of Assessment’ shall be the 3rd Month preceding the month corresponding to ‘latest date of bid submission’, in
the following manner:
(Note: For example, if ‘latest date of bid submission’ is in Jan 2017, then the ‘performance’ shall be assessed
for a 6 months’ period up to and inclusive of Oct 2016 (i.e. from May 2016 to Oct 2016), for all the unit
wise identified packages (refer Table I))
i). Calculation of Overall ‘Performance Rating’ for ‘Similar Package/Packages’ for the tendered scope under
execution at Power Sector Regions for the ‘Period of Assessment’:
This shall be obtained by summing up the ‘Monthly Performance Evaluation’ scores obtained by the bidder
in all Regions for all the similar Package/packages’, divided by the total number of Package months for
which evaluation should have been done, as per procedure below:
a) P1, P2, P3, P4, P5 , …. PN etc. be the packages (under execution/ executed during the ‘Period of
Assessment’ in all Regions of BHEL) SIMILAR to the packages covered under the tendered scope,
excepting packages not commenced. Total number of similar packages for all Regions = PT (i.e. PT
= P1 +P2 + P3 +P4 +…PN)
b) Number of Months ‘T1’ for which ‘Monthly Performance Evaluation’ as per relevant formats, should
have been done in the ‘Period of Assessment’ for the corresponding similar package P1. Similarly T2
for package P2,T3 for package P3, etc. for the tendered scope. Now calculate cumulative total
months ‘TT’ for total similar Packages ‘PT’ for all Regions (i.e. TT = T1 + T2 + T3 +T4 + ..TN )
c) Sum ‘S1 ‘of ‘Monthly Performance Evaluation’ Scores (S1-1, S1-2, S1-3, S1-4, S1-5…. S1-T1) for similar
package P1, for the ‘period of assessment’ ‘T1’ (i.e. S1 = S1-1+ S1-2+ S1-3+ S1-4+ S1-5+…S1-T1). Similarly,
S2 for package P2 for period T2, S3 for package P3 for period T3 etc. for the tendered scope for all
Regions. Now calculate cumulative sum ‘ST’ of ‘Monthly Performance Evaluation’ Scores for total
similar Packages ‘PT’ for all Regions (i.e. ‘ST ’= S1+ S2+ S3+ S4+ S5+…. SN.)
d) Overall Performance Rating ‘RBHEL’ for the Similar Package/Packages (under execution/
executed during the ‘Period of Assessment’) in all the Power Sector Regions of BHEL
Aggregate of Performance scores for all similar packages in all the Regions
= -----------------------------------------------------------------------------------------------------------------
Aggregate of months for each of the similar packages for which performance
should have been evaluated in all the Regions
ST
= -----
TT
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 6 of 24
e) Bidders to note that the risk of non-evaluation or non-availability of the ‘Monthly Performance
Evaluation’ reports as per relevant formats is to be borne by the Bidder.
f) Table showing methodology for calculating ‘a’, ‘b’ and ‘c’ above
Sl.
Item Description Details for all Regions Total
No.
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)
1 Similar Packages for all P1 P2 P3 P4 P5 … PN Total No. of similar
Regions packages for all
(under execution/ Regions = PT
executed during period of i.e. Sum (Σ) of
assessment) columns (iii) to (ix)
ii). Calculation of Overall ‘Performance Rating’ (RBHEL) in case at least 6 evaluation scores for ‘similar
Package/Packages’ for the tendered scope ARE NOT AVAILABLE, during the ‘Period of Assessment’:
This shall be obtained by summing up the ‘Monthly Performance Evaluation’ scores obtained by the bidder
in all Regions for ALL the packages, divided by the total number of Package months for which evaluation
should have been done. ‘RBHEL’ shall be calculated subject to availability of ‘performance scores’ for at least
6 ‘package months’ in the order of precedence below:
a) ‘Period of Assessment’ i.e. 6 months preceding and including the cut-off month
b) 12 months preceding and including the cut-off month
c) 24 months preceding and including the cut-off month
In case, RBHEL cannot be calculated as above, then Bidder shall be treated as ‘NEW VENDOR’. Further
eligibility and qualification of this bidder shall be as per definition of ‘NEW VENDOR’ described in
‘Explanatory Notes’.
iii). Factor “L” assigned based on Overall Performance Rating (RBHEL) at Power Sector Regions:
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 7 of 24
The Bidder shall be considered ‘Qualified’ as per ‘Assessment of Capacity of Bidder’ for the subject
Tender if P ≤ PMax
(Where P is calculated as per clause ‘I’ above)
IV. Explanatory note:
i). Similar package means Boiler or ESP or Piping or Turbine or Civil or Structure or Electrical or C&I etc. at
the individual level irrespective of rating of Plant and irrespective of whether the subject tender is a single
package or as part of combined/composite packages. Normally Boiler, ESP, Piping, Turbine, Electrical,
C&I, Civil, Structure etc. is considered individual level of package. For example, in case the tendered scope
is a Boiler Vertical Package comprising of Boiler, ESP and Power Cycle Piping (i.e. the ‘identified packages
as per TabIe-1 below), the ‘PERFORMANCE’ part against sl.no. II above, needs to be evaluated
considering all the identified packages (i.e. Boiler, ESP and Power Cycle Piping) and finally the Bidder’s
capacity to execute the tendered scope is assessed in line with III above.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 8 of 24
iii). Bidders who have not been evaluated for at least six package months in the last 24 months preceding
and including the Cut-off month in the online BHEL system for contractor performance evaluation in BHEL
PS Regions, shall be considered “NEW VENDOR”.
A ‘NEW VENDOR’ shall be considered qualified subject to satisfying all other tender conditions.
A ‘NEW VENDOR’ if awarded a job (of package/packages identified under this clause) shall be tagged as
“FIRST TIMER” on the date of first LOI from BHEL.
The “FIRST TIMER” tag shall remain till completion of all the contracts against which vendor has been
tagged as First Timer or availability of 6 evaluation scores within last 24 months preceding and including
the Cut-off month in the online BHEL system for contractor performance evaluation in BHEL PS Regions.
A Bidder shall not be eligible for the next job as long as the Bidder is tagged as “FIRST TIMER” excepting
for the Tenders which have been opened on or before the date of the bidder being tagged as ‘FIRST
TIMER’.
After removal of ‘FIRST TIMER’ tag, the Bidder shall be considered ‘QUALIFIED’ for the future tenders
subject to satisfying all other tender conditions including ‘Assessment of Capacity of Bidders’.
iv). Consequent upon applying the criteria of ‘Assessment of Capacity of Bidders’ detailed above on all the
bidders qualified against Technical and Financial Qualification criteria, if the number of qualified bidders
reduces to less than minimum no. of bidders required for conducting RA as per extant RA Guidelines, then
for further processing of the Tender, BHEL at its discretion reserves the right to also consider the bidders
who are “not qualified” as per criteria of ‘Assessment of Capacity of Bidders’ and for this, procedure
described in following three options shall be followed:
a) All the bidders having Overall Performance Rating (‘RBHEL’) ≥60 shall be considered qualified against
criteria of ‘Assessment of Capacity of Bidders’.
b) If even after using option “a”, the number of qualified bidders remains less than minimum no. of bidders
required for conducting RA as per extant RA Guidelines, then in addition to bidders considered as per
option “a”, “First timer” bidders having average of available performance scores ≥60 upto and including
the Cut Off month shall also be considered qualified against criteria of ‘Assessment of Capacity of
Bidders’.
c) If even after using option “a” and “b”, the number of qualified bidders remains less than minimum no. of
bidders required for conducting RA as per extant RA Guidelines, then in addition to bidders considered
as per option “a” and “b”, “First timer” bidders for whom no performance score is available in the system
upto and including the Cut Off month, shall also be considered qualified against criteria of ‘Assessment
of Capacity of Bidders’.
Note:- In case, the number of bidders qualified against Technical and Financial Qualification criteria itself is
less than minimum no. of bidders required for conducting RA as per extant RA Guidelines, then all bidders
(a)- having Overall Performance Rating (‘RBHEL’) ≥60, (b)- First timer” bidders having average of available
performance scores ≥60 upto and including the Cut Off month, (c)- “First timer” bidders for whom no
performance score is available in the system upto and including the Cut Off month, shall be considered
qualified against criteria of ‘Assessment of Capacity of Bidders’ for further processing of tender.
v). ‘Under execution’ shall mean works in progress as per the following:
a. Up to execution of 90% of anticipated Contract Value in case of Civil, MM, Structural and Turbo
Blower Packages
b. Up to Steam Blowing in case of Boiler/ESP/Piping Packages
c. Up to Synchronization in all Balance Packages
Note: BHEL at its discretion can extend (or reduce in exceptional cases in line with Contract conditions)
the period defined against (a), (b) and (c) above, depending upon the balance scope of work
to be completed.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 9 of 24
vi). Contractor shall provide the latest contact details i.e. mail-ID and Correspondence Address to SCT
Department, so that same can be entered in the Contractor Performance Evaluation System, and in case
of any change/discrepancy same shall be informed immediately. Login Details for viewing scores in
Contractor Performance Evaluation System shall be provided to the Contractor by SCT Department.
vii). Performance Evaluation for Activity Month shall be completed in Evaluation Month (i.e. month next to
Activity Month) or in rare cases in Post Evaluation Month (i.e. month next to Evaluation Month) after
approval from Competent Authority. In case scores are not acceptable, Contractor can submit Review
Request to GM Site/ GM Project latest by 27th of Evaluation Month or 5 days after approval of score,
whichever is later. However, acceptance/rejection of ‘Review Request’ solely depends on the discretion of
GM Site/GM Project. After acceptance of Review Request, evaluation score shall be reviewed at site and
the score after completion of review process shall be acceptable and binding on the contractor.
ix). Performance evaluation as specified above in this clause is applicable to Prime bidder and Consortium
partner (or Technical tie up partner) for their respective scope of work.
10.0 Since the job shall be executed at site, bidders must visit site/ work area and study the job content, facilities
available, availability of materials, prevailing site conditions including law & order situation, applicable wage
structure, wage rules, etc. before quoting for this tender. They may also consult this office before submitting their
offers, for any clarifications regarding scope of work, facilities available at sites or on terms and conditions.
11.0 For any clarification on the tender document, the bidder may seek the same in writing or through e-mail and/or
through e-procurement portal, as per specified format, within the scheduled date for seeking clarification, from
the office of the undersigned. BHEL shall not be responsible for receipt of queries after due date of seeking
clarification due to postal delay or any other delays. Any clarification / query received after last date for seeking
clarification may not be normally entertained by BHEL and no time extension will be given.
12.0 BHEL may decide holding of pre-bid discussion [PBD] with all intending bidders as per date indicated in the NIT.
The bidder shall ensure participation for the same at the appointed time, date and place as may be decided by
BHEL. Bidders shall plan their visit accordingly. The outcome of pre-bid discussion (PBD) shall also form part of
tender.
13.0 In the event of any conflict between requirement of any clause of this specification/ documents/drawings/data
sheets etc. or requirements of different codes/standards specified, the same to be brought to the knowledge of
BHEL in writing for clarification before due date of seeking clarification (whichever is applicable), otherwise,
interpretation by BHEL shall prevail. Any typing error/missing pages/ other clerical errors in the tender
documents, noticed must be pointed out before pre-bid meeting/submission of offer, else BHEL’s interpretation
shall prevail.
14.0 Unless specifically mentioned otherwise, bidder’s quoted price shall deemed to be in compliance with tender
including PBD.
15.0 Bidders shall submit Integrity Pact Agreement (Duly signed by authorized signatory who signs in the offer), if
applicable, along with techno-commercial bid. This pact shall be considered as a preliminary qualification for
further participation. The names and other details of Independent External Monitor (IEM) for the subject
tender is as given at Clause no. 1, Salient Features of NIT, Sl. no. (xi) above.
(a) IP is a tool to ensure that activities and transactions between the Company and its Bidders/ Contractors are
handled in a fair, transparent and corruption free manner. Following Independent External Monitors (IEMs)
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 10 of 24
on the present panel have been appointed by BHEL with the approval of CVC to oversee implementation of
IP in BHEL.
(b) The IP as enclosed with the tender is to be submitted (duly signed by authorized signatory) along with techno-
commercial bid (Part-I, in case of two/ three part bid). Only those bidders who have entered into such an IP
with BHEL would be competent to participate in the bidding. In other words, entering into this Pact would be
a preliminary qualification.
(c) Please refer Section-8 of IP for Role and Responsibilities of IEMs. In case of any complaint arising out of the
tendering process, the matter may be referred to any of the above IEM(s). All correspondence with the IEMs
shall be done through email only.
Note:
No routine correspondence shall be addressed to the IEM (phone/ post/ email) regarding the clarifications, time
extensions or any other administrative queries, etc. on the tender issued. All such clarification/ issues shall be
addressed directly to the tender issuing (procurement) department’s officials whose contact details are as per
Clause no. 1, Salient Features of NIT, Sl. No. (ix) above.
16.0 The Bidder has to satisfy the Pre-Qualifying Requirements stipulated for this Tender in order to be qualified.
The Price Bids of only those bidders will be opened who will be qualified for the subject job on the basis of
satisfying the Pre-Qualification Criteria specified in this NIT as per Annexure-1 (as applicable), past performance
etc. and date of opening of price bids shall be intimated to only such bidders. BHEL reserves the right not to
consider offers of parties under HOLD.
17.0 In case BHEL decides on a `Public Opening', the date & time of opening of the sealed PRICE BID shall be
intimated to the qualified bidders and in such a case, bidder may depute one authorized representative to witness
the price bid opening. BHEL reserves the right to open ‘in-camera’ the ‘PRICE BID’ of any or all
Unsuccessful/Disqualified bidders under intimation to the respective bidders.
18.0 Validity of the offer shall be for six months from the latest due date of offer submission (including
extension, if any) unless specified otherwise.
19.0 BHEL shall be resorting to Reverse Auction (RA) (Guidelines as available on www.bhel.com on “supplier
registration page”) for this tender. RA shall be conducted among all the techno-commercially qualified bidders.
Price Bids of all the techno-commercially qualified bidders shall be opened and same shall be considered as
initial bids of bidders in RA. In case any bidder(s) do(es) not participate in online Reverse Auction, their sealed
envelope price bid along with applicable loading, if any, shall be considered for ranking.
20.0 On submission of offer, further consideration will be subject to compliance to tender & qualifying requirement
and customer’s acceptance, as applicable.
21.0 In case the bidder is an “Indian Agent of Foreign Principals”, ‘Agency agreement has to be submitted along with
Bid, detailing the role of the agent along with the terms of payment for agency commission in INR, along with
supporting documents.
22.0 The bidders shall not enter into any undisclosed M.O.U. or any understanding amongst themselves with respect
to tender.
23.0 Consortium Bidding (or Technical Tie up): Not Applicable
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 11 of 24
24.0 The bidder shall submit documents in support of possession of ‘Qualifying Requirements’ duly self-certified and
stamped by the authorized signatory, indexed and properly linked in the format for PQR. In case BHEL requires
any other documents/proofs, these shall be submitted immediately.
25.0 The bidder may have to produce original document for verification if so decided by BHEL.
26.0 The consultant / firm (and any of its affiliates) shall not be eligible to participate in tender(s) for the related works
or services for the same project, if they were engaged for the consultancy services.
27.0 Guidelines/rules in respect of Suspension of Business dealings, Vendor evaluation format, Quality, Safety & HSE
guidelines, Experience Certificate, etc. may undergo change from time to time and the latest one shall be followed.
The abridged version of extant ‘Guidelines for suspension of business dealings with suppliers/ contractors’ is
available on www.bhel.com on “supplier registration page”.
28.0 The offers of the bidders who are on the banned/ hold list and also the offer of the bidders, who engage the
services of the banned/ hold firms, shall be rejected. The list of banned/ hold firms is available on BHEL web site
www.bhel.com.
28.1 Integrity commitment, performance of the contract and punitive action thereof:
(i) The bidder/ supplier/ contractor commit to take all measures to prevent corruption and will not directly or
indirectly influence any decision or benefit which he is not legally entitled to nor will act or omit in any
manner which tantamount to an offence punishable under any provision of the Indian Penal Code, 1860
or any other law in force in India.
(ii) The bidder/ supplier/ contractor will, when presenting his bid, disclose any and all payments he has made,
and is committed to or intends to make to agents, brokers or any other intermediaries in connection with
the award of the contract and shall adhere to relevant guidelines issued from time to time by Govt. of
India/ BHEL.
(iii) The bidder/ supplier/ contractor will perform/ execute the contract as per the contract terms & conditions
and will not default without any reasonable cause, which causes loss of business/ money/ reputation, to
BHEL.
If any bidder/ supplier/ contractor during pre-tendering/ tendering/ post tendering/ award/ execution/ post-execution
stage indulges in mal-practices, cheating, bribery, fraud or and other misconduct or formation of cartel so as to
influence the bidding process or influence the prices or acts or omits in any manner which tantamount to an offence
punishable under any provision of the Indian Penal Code, 1860 or any other law in force in India, then, action may
be taken against such bidder/ supplier/ contractor as per extent guidelines of the company available on
www.bhel.com and / or under applicable legal provisions.
30.0 The Bidder along with its associate/ collaborators/ sub-contractors/ sub-vendors/ consultants/ service providers
shall strictly adhere to BHEL Fraud Prevention Policy displayed on BHEL website http://www.bhel.com and shall
immediately bring to the notice of BHEL Management about any fraud or suspected fraud as soon as it comes to
their notice.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 12 of 24
For this procurement, the local content to categorize a supplier as a Class I local supplier/ Class II local
Supplier/Non-Local Supplier and purchase preferences to Class I local supplier, is as defined in Public
Procurement (Preference to Make in India), Order 2017 dated 04.06.2020 issued by DPIIT. In case of subsequent
orders issued by the nodal ministry, changing the definition of local content for the items of the NIT, the same shall
be applicable even if issued after issue of this NIT, but before opening of Part-II bids against this NIT.
I. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only if the
bidder is registered with the Competent Authority. The Competent Authority for the purpose of this Clause
shall be the Registration Committee constituted by the Department for Promotion of Industry and Internal
Trade (DPIIT).
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts) means any person
or firm or company, including any member of a consortium or joint venture (that is an association of several
persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders
stated hereinbefore, including any agency branch or office controlled by such person, participating in a
procurement process.
III. “Bidder from a country which shares a land border with India” for the purpose of this Clause means:-
a. An entity incorporated established or registered in such a country; or
b. A subsidiary of an entity incorporated established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in such a
country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls under any of the
above.
IV. The beneficial owner for the purpose of (III) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who,
whether acting alone or together or through one or more juridical person, has a controlling ownership
interest or who exercises control through other means.
Explanation
a. “Controlling ownership interest” means ownership of or entitlement to more than twenty-five
per cent of shares or capital or profits of the company.
b. “Control” shall include the right to appoint majority of the directors or to control the management
or policy decisions including by virtue of their shareholding or management rights or
shareholders agreements or voting agreements.
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or
together, or through one or more juridical person, has ownership of entitlement to more than fifteen
percent of capital or profits of the partnership.
3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person has ownership
of or entitlement to more than fifteen percent of the property or capital or profits of the such association
or body of individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the relevant
natural person who holds the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the
trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural
person exercising ultimate effective control over the trust through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in dealings with third person.
VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a country which shares
a land border with India unless such contractor is registered with the Competent Authority.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 13 of 24
Note:
(i) The bidder shall provide undertaking for their compliance to this Clause, in the format provided in Annexure-
10.
(ii) Registration of the bidder with Competent Authority should be valid at the time of submission of bids and at the
time of acceptance of the bids.
33.0 In the course of evaluation, if more than one bidder happens to occupy L-1 status, effective L-1 will be decided by
soliciting discounts from the respective L-1 bidders.
In case more than one bidder happens to occupy the L-1 status even after soliciting discounts, the L-1 bidder shall
be decided by a toss/ draw of lots, in the presence of the respective L-1 bidder(s) or their representative(s).
Ranking will be done accordingly. BHEL’s decision in such situations shall be final and binding.
34.0 The Bidder declares that they will not enter into any illegal or undisclosed agreement or understanding, whether
formal or informal with other Bidder(s). This applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce
cartelization in the bidding process.
In case, the Bidder is found having indulged in above activities, suitable action shall be taken by BHEL as per
extant policies/ guidelines.
It may please be noted that guidelines/ circulars/ amendments/ govt. directives issued from time to time shall also be
applicable.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 14 of 24
ANNEXURE - 1
PRE QUALIFYING REQUIREMENTS
JOB OPERATION AND MAINTENANCE OF THE FLUE GAS DESULPHURZATION SYSTEM (FGD) OF
UNIT -5&6 OF 2X490 MW, STAGE-II AT NTPC DADRI, UTTAR PRADESH.
TENDER NO BHEL/NR/SCT/DADRI FGD/UNIT#5&6 /O&M/1239
B Technical Applicable
B-1.1 Bidder who wish to participate should have experience of
executing/executed as follows:
B-1.3
Provisional certificate from Customer in support of work under Execution shall
be required.
Note: “Executed” means, the Bidder should have executed for at least 06 months
during last 07 years from latest date of bid submission or “Executing” means
Bidder executing for not less than 06 months ending on the latest date of bid
submission.
C FINANCIAL: Applicable
C-1 TURNOVER: Bidders must have achieved an average annual financial turnover
(Audited) of Rs. 1.08 Crore or more over last three Financial Years (FY) i.e.
(2018-19, 2019-20 & 2020-21). Bidder shall submit the Audited Balance Sheet
and Profit & Loss Account in support of this.
In case audited financial statements have not been submitted for all the three
years as indicated above, then the applicable audited statements submitted by
the bidders against the requisite three years, will be averaged for three years.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 15 of 24
Note: Price Bids of only those bidders shall be opened who stand qualified after
compliance of criteria A to E
BIDDER SHALL SUBMIT ABOVE PRE-QUALIFICATION CRITERIA FORMAT, DULY FILLED-IN, SPECIFYING
RESPECTIVE ANNEXURE NUMBER AGAINST EACH CRITERIA AND FURNISH RELEVANT DOCUMENT INCLUSIVE
OF WORK ORDER AND WORK COMPLETION CERTIFICATE ETC IN THE RESPECTIVE ANNEXURES IN THEIR
OFFER.
Credentials submitted by the bidder against “PRE QUALIFYING CRITERIAS” shall be verified for its authenticity. In case,
any credential (s) is/are found unauthentic, offer of the bidder is liable to the rejection. BHEL reserves the right to initiate
any further action as per extant guidelines for Suspension of Business Dealings.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 16 of 24
ANNEXURE - 2
CHECK LIST
NOTE:- Tenderers are required to fill in the following details and no column should be left blank
(i) In case of Individual Tenderer His / her full name, address and place & nature of business shall be
furnished along with the offer.
(ii) In case of Partnership Firm The names of all the partners and their addresses, A copy of the
partnership deed/instrument of partnership dully certified by the
Notary Public shall be furnished along with the offer..
(iii) In case of Companies a) Date and place of registration including date of commencement
certificate in case of Public Companies (certified copies of
Memorandum and articles of Association are also to be furnished).
b) Nature of business carried on by the Company and the provisions
of the Memorandum relating thereof.
3.a Details of Contact person for this Tender Name : Mr/Ms
Designation:
Telephone No:
Mobile No:
Email ID:
Fax No:
3.b Details of alternate Contact person for this Tender Name : Mr/Ms
Designation:
Telephone No:
Mobile No:
Email ID:
Fax No:
4 EMD DETAILS Not Applicable
5 Validity of Offer TO BE VALID FOR SIX MONTHS FROM DUE DATE
APPLICABILITY ENCLOSED BY
(BY BHEL) BIDDER
6 Whether the format for compliance with PRE QUALIFICATION CRITERIA Applicable YES / NO
(ANNEXURE-1) is understood and filled with proper supporting documents
referenced in the specified format
7 Audited profit and Loss Account for the last three years Applicable YES/NO
10 Whether all pages of the Tender documents including annexures, appendices etc Applicable YES/NO
are read understood and signed
11 Integrity Pact Applicable YES/NO
12 Organization Chart of the tenderer’s organization, including the names, addresses Applicable YES/NO
and contact information of the Directors/Partners shall be furnished along with the
offer.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 17 of 24
13 Offer forwarding letter / tender submission letter [Form No. F-01 (Rev 00)] Applicable YES/NO
14 Declaration by Authorised Signatory [Form No: F-02 (Rev 00)] Applicable YES/NO
17 Applicable YES/NO
Declaration confirming knowledge about Site Conditions [Form No: F-04 (Rev 00)]
18 Applicable YES/NO
Declaration for relation in BHEL [Form No: F-05 (Rev 00)]
19 Applicable YES/NO
Non-Disclosure Certificate [Form No: F-06 (Rev 00)]
20 Applicable YES/NO
Bank Account Details for E-Payment [Form No: F-07 (Rev 00)]
21 Applicable YES/NO
Format for seeking clarification [Form No: F-08 (Rev 00)]
22 Applicable YES/NO
Capacity Evaluation of Bidder for current Tender [Form No: F-09 (Rev 00)]
23 Applicable YES/NO
Power of Attorney for Submission of Tender/Signing Contract Agreement
24 Applicable YES/NO
Analysis of Unit rates [Form No: F-26 (Rev 00)]
NOTE : STRIKE OFF ‘YES’ OR ‘NO’, AS APPLICABLE. TENDER NOT ACCOMPANIED BY THE PRESCRIBED ABOVE
APPLICABLE DOCUMENTS ARE LIABLE TO BE SUMMARILY REJECTED.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 18 of 24
ANNEXURE - 3
(The bidders are required to print this on their company’s letterhead and sign, stamp before RA)
To
- M/s. {Service provider
- Postal address}
Dear Sir,
This has reference to the Terms & Conditions for the Reverse Auction mentioned in the RFQ document for
{Items} against BHEL enquiry/ RFQ no.{………} dt. {…….}
This letter is to confirm that:
We, hereby confirm that we will honor the Bids placed by us during the auction process.
With regards
Name:
Company / Organization:
Designation within Company / Organization:
Address of Company / Organization:
Sign this document and FAX/ email it to M/s {Service provider} at {…..…} prior to start of the Event.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 19 of 24
ANNEXURE – 4
Authorization of representative who will participate in the on line Reverse Auction Process:
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 20 of 24
ANNEXURE – 5
To
- M/s. Service provider
- Postal address
Dear Sir,
Rs.{____in value & in words_______} for item(s) covered under tender enquiry No. {...} dt.{…}
Total price of the items covered under above cited enquiries is inclusive of {Packing & forwarding, GST, E.D.,
C.S.T., freight and insurance charges up to {………………………} District,{…………………..} State and Type
Test Charges etc., (exclusive of service tax), other as per NIT}
as our final landed prices as quoted during the Reverse Auction conducted today {date} which will be valid for
a period of {___ in nos. & in words ___} days.
========
Total - Rs. in value & in words
========
Yours sincerely,
For _________________
Name:
Company:
Date:
Seal:
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 21 of 24
ANNEXURE – 7
UNDERTAKING
(To be typed and submitted in the Letter Head of the Company/Firm of Bidder)
To,
Dear Sir/Madam,
I/We, _______________________________________________________________________________________
declare that, I/We am/are not under insolvency resolution process or liquidation or Bankruptcy Code Proceedings (IBC)
as on date, by NCLT or any adjudicating authority/authorities, which will render us ineligible for participation in this tender.
Place:
Date:
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 22 of 24
ANNEXURE-8
DECLARATION
Date: _________
To: _______________________
Address: BHEL,__________________
_______________________
_______________________
_______________________
Email: _______________________
Please find below details of firms owned by our family members that are doing business/ registered for same item with
BHEL, _______________ (NA, if not applicable)
Note: I certify that the above information is true and I agree for penal action from BHEL in case any of the above
information furnished is found to be false.
Regards,
(________________________)
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 23 of 24
Annexure-9
Dear Sir,
Sub: Declaration reg. minimum local content in line with Public Procurement (Preference to Make in India),
Order 2017-Revision, dated 04th June, 2020 and subsequent order(s).
Ref : 1) NIT/Tender Specification No: BHEL/NR/SCT/DADRI FGD/UNIT#5&6 /O&M/1239
2) All other pertinent issues till date
We hereby certify that the items/works/services offered by……………………………………… (specify the name of
the organization here) has a local content of _______ % and this meets the local content requirement for ‘Class-
I local supplier’ / ‘Class II local supplier’ ** as defined in Public Procurement (Preference to Make in India),
Order 2017-Revision dated 04.06.2020 issued by DPIIT and subsequent order(s).
The details of the location(s) at which the local value addition is made are as follows:
1. ______________ 2. ______________
3. ______________ 4. ______________
…
…
…
Thanking you,
Yours faithfully,
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
Document No . PS:MSX:NIT, Rev 02, 17th Sept.’ 2020 Page 24 of 24
ANNEXURE-10
DECLARATION REGARDING COMPLIANCE TO RESTRICTIONS UNDER RULE 144 (xi) OF GFR 2017
(To be typed and submitted in the Letter Head of the Entity/ Firm providing certificate as applicable)
------------------------------------------------------------------------------------------------------------------
To,
Dear Sir,
Sub: Declaration regarding compliance to Restrictions under Rule 144 (xi) of GFR 2017
I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with
India and on sub-contracting to contractors from such countries. I certify that ________________ (SPECIFY THE
NAME OF THE ORGANIZATION HERE), is not from such a country/ has been registered with the Competent Authority
(attach valid registration by the Competent Authority, i.e., the Registration Committee constituted by the Dept. for Promotion of Industry
and Internal Trade (DPIIT); and will not sub-contract any work to a contractor from such countries unless such contractor is
registered with the Competent Authority. (attach relevant valid registration, if applicable)
I hereby certify that we fulfil all requirements in this regard and is eligible to be considered.
Thanking you,
Yours faithfully,
Note: Bidders to note that in case above certification given by a bidder, whose bid is accepted, is found to be false, then
this would be a ground for immediate termination and for taking further action in accordance with law and as per
BHEL guidelines.
Registered Office: BHEL House, Siri Fort, New Delhi – 110 049, India
Website: www.bhel.com
BHEL-IP ANNEXURE-6
INTEGRITY PACT
Between
Bharat Heavy Electricals Ltd. (BHEL), a company registered under the Companies Act 1956
and having its registered office at "BHEL House", Siri Fort, New Delhi - 110049 (India)
hereinafter referred to as "The Principal", which expression unless repugnant to the context
or meaning hereof shall include its successors or assigns of the ONE PART
and
Preamble
The Principal intends to award, under laid-down organizational procedures, contracl/s for
In order to achieve these goals, the Principal will appoint Independent External Monitor(s),
who will monitor the tender process and the execution of the contract for compliance with the
principles mentioned above.
1.1 The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
1.1.2 The Principal will, during the tender process treat all Bidder(s) with equity and reason.
The Principal will 1n particular. before and during the tender process, provide to all
Bidder(s) the same information and will not provide to any B1dder(s) confidential/
additional information through which the Bidder(s) could obtain an advantage in
relation to the tender process or tl1e contract execution.
1.1.3 The Principal will exclude from the process all known prejudiced persons.
1.2 If the Principal obtains information on the conduct of any of its employees which is a
penal offence under the Indian Penal Code 1860 and Prevention of Corruption Act 1988
or any other statutory penal enactment, or if there be a substantive suspicion in this
regard, the Principal will inform its Vigilance Office and in addition can initiate
disciplinary actions:
Page 1 of 5
BHEL-IP
8.5 The role of IEMs is advisory, would not be legally binding and it is restricted to resolving
issues raised by an intending bidder regarding any aspect of the tender which allegedly
restricts competition or bias towards some bidders. At the same time, it must be
understood that IEMs are not consultants to the Management. Their role is independent
in nature and the advice once tendered would not be subject to review at the request of
the organization.
8.6 For ensuring the desired transparency and objectivity in dealing with the complaints
arising out of any tendering process, the matter should be examined by the full panel of
IEMs jointly as far as possible, who would look into the records, conduct an
investigation, and submit their joint recommendations to the Management.
8.7 The IEMs would examine all complaints received by them and give their
recommendations/ views to CMD, BHEL, at the earliest. They may also send their report
directly to the CVO and the Commission, in case of suspicion of serious irregularities
requiring legal/ administrative action. IEMs will tender their advice on the complaints
within 10 days as far as possible.
8.8 The CMD, SHEL shall decide the compensation to be paid to the Monitor and its terms
and conditions.
8.9 IEM should examine the process integrity, they are not expected to concern themselves
with fixing of responsibility of officers. Complaints alleging mala fide on the part of any
officer of the organization should be looked into by the CVO of the concerned
organisation.
·a.1 O If the Monitor has reported to the CMD, BHEL, a substantiated suspicion of an offence
under relevant Indian Penal Code/ Prevention of Corruption Act, and the CMD, SHEL
has not, within reasonable time, taken visible action to proceed against such offence or
reported it to the Vigilance Office, the Monitor may also transmit this information directly
to the Central Vigilance Commissioner, Government of India.
8.11 The number of Independent External Monitor(s) shall be decided by the CMD, SHEL
9. 1 This Pact shall be operative from the date IP is signed by both the parties till the final
completion of contract for successful bidder and for all other bidders 6 months after the
contract has been awarded. Issues like warranty/ guarantee etc. should be outside the
purview of IE Ms.
9.2 If any claim is made/ lodged during currency of IP, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged/ determined by the CMD. BHEL.
10.1 This agreement is subject to Indian taws and jurisdiction shall be registered office of
the Principal, i.e. New Delhi.
Page 4 of 5
BHEL-IP
10.2 Changes and supplements as well as ·termination notices need to be made in writing.
Side agreements have not been made.
10.3 If the Contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
10 4 Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
10.5 Only those bidders / contractors who have entered into this agreement with the
Principal would be competent to participate in the bidding. In other words, entering into
this agreement would be a preliminary qualification.
For & On behalf of the Principal For & On behalf of the Bidder/
Contractor
PIace----------------------
0 a I e-----------------------
Page 5 of 5
Rev 01
1 st June
TECHNICAL CONDITIONS OF CONTRACT (TCC)
2012 Chapter -I:
TECHNICAL
CONDITIONS OF
CONTRACT (TCC)
(Document No PS:M SX:TCC)
of
Part-I OF TCC
2
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -I:
3
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -I: Pr oject Infor mation
4
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
5
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
xvi Contractor shall at his own expense provide all amenities to his workmen as per
applicable laws and rules.
xviii All interlocks/protections shall always be in place and no bypassing shall be done.
xix Contractor shall ensure that all safety measures are taken at the site to avoid
accidents to his employees or his Co-contractor’s employees.
xx Operation and maintenance of entire FGD plant to be managed in such a way that no
power generation loss occurs.
xxi At the end of the contract period, the contractor shall hand over the plant and
equipment back to the BHEL/NTPC in completely safe and healthy condition and
without any pending defect.
Notes:
1. BHEL shall operate the plant with their Desk operators in shifts till Trial Operation
Completion and taking over plant by NTPC or NTPC Clearance for O&M works. After
that O&M works shall be handed over to contractor. During that period, contractor to
mobilize as defined under Chapter VI (Time schedule) for familiarization with operation
and maintenance works of FGD plant. Contractor to deploy optimum staff (Desk/Field
operators etc.) as finalized with BHEL O&M in-charge/Engineer during that period
(mobilization to zero date).
2. Contractor to ensure availability of Desk Operators associated during above period.
3. All the manpower mobilized till zero date shall be paid as per Unit rate mentioned in
Annexure II of Rate Schedule.
6
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
7
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
9 Absorber Elevator 1 1
b. Gypsum Dewatering System:
1 Primary Hydro cyclone Feed tank 1
2 Primary hydro cyclone Feed tank pump 1W+1S
3 Primary hydro cyclone Feed tank Agitator 1
4 Primary hydro cyclone cake wash pump 1W+1S 1W+1S
5 Belt Filter washing tank 1 1
6 Belt Filter Washing Pump 1W+1S 1W+1S
7 Vacuum Belt Filter 1 1
8 Vacuum Receiver 1 1
9 Vacuum Pump 1 1
10 Belt support fan 1 1
11 Filtrate Water Tank 1
12 Waste Water Hydrocyclone Feed Tank 1
13 Waste Water Hydrocyclone 1
14 Waste Water Hydrocyclone Feed Tank Agitator 1
15 Waste Water Hydrocyclone Feed Tank Pump 1W+1S
16 Waste Water Storage Tank 1
17 Waste Water Storage Tank Agitator 1
18 Waste Water Tank Pump 1W+1S
19 Lime Silo & Hoist Motor for lifting lime bags 1W+1S
20 Neutralization Tank 1W+1S
21 Neutralization Tank Agitator 1W+1S
22 Screw Feeder 1W+1S
23 Day Silo 2
c. Lime Stone preparation system
1 Limestone storage Silo 1W+1S
2 Limestone Storage Silo bag Filter 1W+1S
3 Limestone Storage Silo Shutoff Gate 1W+1S
4 Gravimetric Feeder 1W+1S
5 Wet Limestone Grinding Mill 1W+1S
6 H.P Trunnion Lube Oil Pump 1W+1S 1W+1S
7 L.P Trunnion Lube Oil Pump 1W+1S 1W+1S
8 Oil Reservoir 1 1
8
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
9
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
2. O&M of LHP (Lime stone handling plant) and GHP (Gypsum handling system)
excluded from scope of this tender.
2.3 SITE VISIT
Contractor should visit site and acquire full knowledge and information about site
conditions/equipment installed for O&M purpose. Contractor acquaint themselves with
the conditions prevailing at site and in and around the plant premises,
equipment/system installed together with all statutory, obligatory, mandatory
requirements of various authorities before submission of bid.
10
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
2.4.1 BHEL have to prove the performance of plant at various parameter briefly mentioned
below as per contract with NTPC. Though BHEL is responsible for performance of
equipment supplied and installed at FGD plant. Contractor scope under this tender to
operate and maintain the plant as per O&M instruction /manual/guidelines of
BHEL/NTPC to maintain guarantees.
2.4.2 Indicative Guarantee Parameters as below though actual value may differ and
necessary detail in this regard shall be shared on commencement of O&M
period) :
Category-I
Sulphur removal efficiency greater than 95%,
Auxiliary power consumption not greater than 15 MW ,
Lime stone consumption not greater than 9T/Hr,
FGD Availability not less than 95%
Category-II
Wet ball mill capacity at rated fineness, Wet ball mill wear parts guarantee,
Wet ball mill consumption
Vacuum belt filter capacity: Capacity of Vacuum Belt Filters to dewater the
quantity of gypsum with the specified purity and moisture content
Gypsum: Gypsum quality shall not be less than 90%, chloride content shall not
be more than 100 ppm and the moisture content shall not be more than 10%.
Waste water the maximum purge flow rate to waste water treatment system
shall be not more than 10m3/hr for a 490/500 MW unit averaged over a 24
hour period.
Performance of Fans
Passenger cum goods elevator ( OEM scope)
Air conditioning ( OEM scope)
Compressed Air system ( OEM scope)
Noise level All the plant, equipment and systems covered under this
specification shall perform continuously without exceeding the noise level over
the entire range of output and operating frequency. Sound pressure shall be
measured all around the equipment at a distance of1.0 m horizontally from the
nearest surface of any equipment/ machine and at a height of 1.5 m above the
floor level in elevation.
Mist Outlet droplet count shall be guaranteed to be < 20 mg/Nm3 at absorber
outlet measured over a period of 24 hrs continuous operation.
2.4.3 For category –II: Contractor shall maintain 98 % availability of FGD plant for a
continuous period of 120 days. An availability guarantee test shall be conducted to
assure this level of availability for a period of 240 days as per the procedure indicated
in clause no. 2.6
2.4.4 If any guaranteed parameters (Sulphur removal efficiency, Limestone consumption,
Auxiliary power consumption, FGD availability etc.) not achieved due to faulty
operation and maintenance then contractor shall carry out necessary
repair/rectification to comply with the guaranteed requirements at no extra cost to
BHEL.
If contractor fails to do repair/rectifications works to comply with the guaranteed
requirements, BHEL shall rectify the same at risk and cost of contractor and recover
actual cost incurred with 5% overheads.
11
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
2.4.5 After completion of PG test and acceptance of parameters, If any deduction made by
customer on account of deviation from final accepted guaranteed parameters i.e
Sulphur removal efficiency, auxiliary power consumption, lime stone consumption due
to faulty operation and maintenance by contractor same shall be deducted in
proportion from O&M fees.
2.5 KPI for O&M Duration (applicable from Zero date as defined in Chapter VI Time
Schedule)
2.6.1 An availability guarantee test of FGD plant shall be conducted each year during the
plant O&M upto three years as per the procedure indicated below:
2.6.2 Availability 'A' in %:
A=Tc x 100%
Tk
Tc – recorded time of FGD operation, expressed in hours,
Tk – recorded time of Boiler operation, expressed in hours,
2.6.3 In order to calculate the FGD availability, operation hours will be counted except boiler
start-ups when the operation hours counting will start on the moment of shut down of
all oil burners,
2.6.4 FGD will be regarded as a FGD in operation, when by-pass damper is closed and total
flow of flue gas from boiler goes via FGD, and sulphur content is below 200 mg/Nm3
(dry basis at 6% O2) in cleaned flue gas for the range of specified coals and loads.
2.6.5 FGD may be required to be taken out of service as a result customer NTPC decision
or due to non-availability of items to be provided by the NTPC (e.g. Limestone,
Process water, Power etc.)
Or due to non-availability of BHEL scope items i.e spares for maintenance, OEM
supervision /BHEL MU expert, consumables in BHEL scope i.e Hydrated lime, NaoH
for dosing, Lube Oils etc.
In such instances, this duration will be considered as FGD operation time.
Contractor required to maintain records of such instances and submit to BHEL during
calculation of FGD availability.
2.6.6 Boiler operation hours will be counted based on the recorded boiler operation hours
and the recorded data will be made available to the contractor by the Employer
2.6.7 Any Unscheduled FGD Tripping on account of Mechanical / Electrical/
GIS/Instrumentation will be in account of FGD availability
Notes
1. Contractor has to list down the list of critical spares that should be available at site in
consultation and proper justification with BHEL for all the equipment with priority on
equipment where redundancy is not available.
If the Contractor has not raised any requirement/ justification for the spares prior to the
breakdown, duration of the breakdown will not be considered in deemed availability.
However if spares not available in consent with the BHEL/NTPC it will be considered
as deemed availability where redundancy is not available during breakdown.
2. OEM/BHEL Expert requirement shall be duly approved by BHEL
Engineer/O&M Incharge and BHEL shall ensure deployment of domestic/
foreign expert in minimum possible time. If physical presence not possible as
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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2.7.1 In case of non-performance of the contractor in respect of KPI for the reasons not
attributable to BHEL/NTPC and subject to the conditions as defined under clause 2.6,
the BHEL shall levy the penalty as follows:
2.7.2 For every 1% shortfall in the FGD availability on annual basis, 1% deduction shall be
made from yearly O&M Fees paid to contractor.
2.7.3 Maximum liability on account of non-fulfilment of the above-mentioned KPI under
clause 2.5 shall be limited to 10% of the relevant yearly O&M Fees.
2.7.4 All LD/Penalties wherever mentioned under this contract shall be levied concurrently
as applicable though aggregate liabilities to pay LD/Penalties except (Safety/ Accident
/HSE penalties) shall be limited to 10% of contract value of each year.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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overhauling of Axial fans, Blade pitch control mechanism repair and alignment of axial
fans is desirable.
2.8.10 Welder/ Cutter: Hands-on experience in welding and cutting in water, air pipe lines
Fabrication skills of platforms, ladders, handrails etc. are desirable.
2.8.11 Chemist: Hands on experience in sampling, testing in power plant, dosing system etc.
lime stone, Gypsum testing knowledge is desirable.
2.8.12 Store keeper: Should have experience in stores keeping in power plant/industrial unit.
Should be familiar with maintenance consumables and should maintain all
consumables above minimum stock at all times.
2.8.13 Grinder: Should have experience in handling of various grinding machine, AG4, AG5,
AG7 grinding cum cutting machines. Buffing wheels etc.
2.8.14 Electrician: Should have hands on experience in repair/ maintenance of electrical
equipment like HT/LT motors, transformers, lighting equipment, PLCs & DCS, switch
boards etc. Experience in power plant /industrial unit.
2.8.15 Technician: Should have hands on experience in repair/ maintenance calibration of
C&I equipment like measuring instruments, transmitters, pneumatic actuators etc.
Experience in power plant/industrial unit
2.8.16 Helper: Should be able to work in coordination with Fitters /Riggers/supervisors and
follow their instructions. Hands on experience in equipment cleaning with cloth, cotton
waste, housekeeping, tools/material shifting and safe handling skills is desirable.
2.8.17 Hydra Operator: should have experience of operating hydra and have required license.
2.8.18 Contractor has to submit qualification certificates from recognised institutes of all the
manpower (working labour, welders, and Supervisor, Engineer, safety officer and Site
In Charge etc.) and calibration/ Test certificates of their tools and tackles of all types
as demanded by BHEL.
2.8.19 BHEL reserves the right to reject or approve the list of personnel proposed by the
Contractor. Persons, whose bio-data have been approved by BHEL, will have to be
posted at site.
2.8.20 Contractor shall maintain a site organization of adequate strength in respect of
manpower, required T&P and other implements at all times for smooth functioning of
the O&M works of FGD plant. Operation of the plant shall not be suffered on account
of inadequate deployment manpower, T&P other resources.
2.8.21 Tentative manpower required for Operation and Maintenance of FGD Unit5&6 as
below:
S.No Description Qty (in
no.)
1 O&M in-charge/O&M Head 1
2 HR/Admin/Finance 2
3 Store Keeper 1
4 Safety Officer 1
5 Engineer: Planning /Mechanical/Electrical/C&I/CBM etc. 4
6 Supervisors: Mech./Electrical/C&I/Housekeeping/Horticulture 3
7 Operation in-charge 1
8 Desk Operator 3
9 Field Operator 6
10 Mill Wright Fitter( MWF) 1
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
11 General Fitter 4
12 Welder/Grinder/Fabricator 4
13 Electrician/Technician 4
14 Rigger 2
15 Chemist 1
16 Tractor Driver 1
17 Hydra Operator 1
18 Helper 20
Total 60
Notes:
1. Above is indicative manpower required for round the clock (24x7) O&M works of FGD
plant. Contractor to finalize the area vise shift/general shift schedule in consultation
with BHEL Engineer and to deploy the manpower as per the schedule finalized with
BHEL. There may be deletion/addition in any category and BHEL decision shall be
final and binding on the contractor.
2. For round the clock operation and as decided by BHEL, if additional manpower need
to be deployed same shall be deployed by contractor. These manpower shall be
utilized in O&M shifts/General shifts work. Any additional manpower deployed shall be
paid as per unit manpower rate on pro rata basis as per item no. 3.1.1 of Annexure –II
(Rate schedule).
3. Shift in-charge shall be from BHEL and contractor to cooperate and coordinate with
BHEL shift in-charge for round the clock operation. Instruction of shift in-charge to be
complied. BHEL shift in-charge also responsible for issuing the work permits based on
work requirement.
4. Contractor personnel dedicated for working in shift can be shifted to work in general
shifts or vice versa to handle the immediate emergency/quantum of job promptly and
efficiently.
5. Manpower may have to work after normal hours or may be called to attend duty at odd
hours to attend emergency job. Overtime if any shall be in contractor scope.
6. In case manpower deployment by contractor delayed or not deployed as per agreed
monthly deployment plan:
i. Recovery shall be @ 1.5 times of monthly rate as per item no. 3.1.1 of Annexure-II
(Rate schedule) for the subject manpower shall be made from monthly O&M fees for
that month.
or
ii. If BHEL have to deploy manpower at market rate for O&M works for that month then
recovery shall be difference between BHEL deployed manpower rate and contractual
manpower rate plus 5% Overheads made from monthly O&M Fees for that month.
7. Contractor to take prior permission for O&M staffs leave from BHEL Engineer/Shift in-
charge/O&M In-charge by arranging the suitable replacement before proceeding on
leave. Unauthorised leave shall be treated as absence. Contractor to ensure that as
far as possible no designated post is left vacant in any shift otherwise recovery as
mentioned in clause.6 is applicable.
8. If any category of manpower not covered but required for O&M works as certified by
BHEL Engineer same shall be deployed by contractor and paid as per the equivalent
rate under Annexure-II of rate schedule in mutual agreement with contractor otherwise
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
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market price of that particular item at Site (1.5 times the rate which is being paid by the
BHEL including cost of taxes, duties and freights). The decision of the BHEL shall be
final in this regard.
2.9.17 If any facilities of FGD plant damaged by contractor then contractor shall carry out
necessary repair/rectification of the same at no extra cost to BHEL. If contractor fails to
do repair/rectification works then BHEL shall repair/rectify the same at risk and cost of
contractor and recover the actual cost incurred with 5% overheads.
Defect Liability Period
2.9.18 Defect liability period shall be one (1) months from the operation or before the next
preventive maintenance cycle of repaired/ serviced equipment, whichever is earlier.
2.9.19 Any problem faced subsequent to work completion/ commissioning and attributed to
poor workmanship of the Contractor shall be rectified by the Contractor free of charge
and promptly to the satisfaction of the BHEL Engineer. If contractor fails to do so the
BHEL shall do the same at risk and cost of contractor.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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2.10.6 Maintenance of Slurry Pumps ,Slurry Recirculation pumps, Mill circuit pumps,
Gypsum Bleed pumps etc.
Carry out External Cleaning of Equipment
Check all valves for gland leakage if leakage is to be observed, same to be
attended either by replacing the glands or by tightening it
Check the foundation bolt tightness and take corrective action if required.
Check for mechanical seal leakage, if it is beyond permissible limit, take
equipment isolation and attend the leakage, if possible by lapping of seal
components
Carry out Mechanical Seal replacement in case damage
Repair /Replacement of Expansion Joints if any
Dismantling and assembly of the pumps as per requirement
Inspection of bearings ( Journal & Thrust) of Pump, checking of oil level for RC
pumps bearing
Bearing greasing to be done ( if applicable )
Attend all leakages either by welding/replacement of seal/gaskets
Checking of seal water pipe line for any leakages and attending the same if any
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Chapter -II: SCOPE OF WORKS
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BHEL
Scaffolding and maintenance platforms should be certified by BHEL Engineer
and suggested changes needs to be done by contractor
2.10.26 Insulation and Cladding work
Scope limited to removal and fixing of insulation and cladding for specific
maintenance related activities as per requirement.
Insulation material shall be provided by BHEL
2.10.27 Maintenance of Compressed Air System
Carry out External Cleaning of equipment and General Maintenance i.e
Assisting in inspection / repair / servicing during OEM (M/s ELGI) visit as per
AMC.
Contract scope limited checking the Oil level in the gear case if low top-up with
oil, Change and Clean the lube oil and lube oil filter element. Check the
tightness of foundation bolt and take corrective action if required. Check and
Clean the inlet air filter element and replacement on need basis.
Contractor has to maintain the records of periodic maintenance. Reports needs
to be circulated every month.
Spill over oil / water / grease / cotton waste / etc in surrounding area and floor to
be cleaned as per the instructions of BHEL Engineer.
2.10.28 Maintenance of Air Drier and Air receiver
Carry out External Cleaning
Clean the Suction filter/ moisture strainer.
Check the tightness of foundation bolts and take corrective action if required.
Assisting in for inspection / repair / servicing during OEM (M/s ELGI) visit as per
AMC.
Spill over oil / water / grease / cotton waste / etc in surrounding area and floor to
be cleaned as per the instructions of BHEL Engineer.
2.10.29 Maintenance of Heating, Ventilation and Air conditioning Units and Associated
systems
Maintenance of all AC Equipment, associated pipelines, valves and accessories
of HVAC system consists of air cooled condensing unit (M/s Blue star)
Carry out External Cleaning
Check the Tightness of foundation bolts/vibration rubber isolation pads and take
corrective action if required.
Check for any Oil leaks and arrest the same.
Checking of Crank case heater temperature check once in week for abnormal
heating
Assistance in inspection / repair / servicing during OEM/supplier visit
Inspection and rectification of refrigerant leakage in the system.
Identifying and repair leakages in condensing unit
Drying of Condensing unit internal parts through inert gas filling (N2 Gas) as per
requirement
Vacuum test and filling of refrigerant gas as per requirement
Periodic Maintenance to be carried out as per given equipment /supplier’s O&M
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
manual /checklist.
Take trial run for smooth operation
Spill over oil / water / grease / cotton waste / etc in surrounding area and floor to
be cleaned
2.10.30 Maintenance of Air Handling Unit
Carry out External and Internal cleaning
Periodic maintenance to be carried out as per given SMP and checklist /OEM
Instructions
Removal, Shifting and Cleaning of suction air pre and fine filters elements
through compressed air as per schedule
Cleaning and replacement of fills
Maintenance of associated valves and pipelines of the system
Inspection /rectification of refrigerant leakage in the cooling coil system.
Inspection of fan and repair/replacement of damaged parts
Motor decoupling and coupling to be carried out as per requirement , change the
coupling if damaged
Checking of Fan, V belts, Pulley, Nozzle, Clamp, filters and replacement of the
same if damaged.
Spill over oil / water / grease / cotton waste / etc in surrounding area and floor to
be cleaned as per the instructions of BHEL Engineer.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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2.11.1 Contractor to raise the request in prescribed format as finalized by BHEL for
requirement of OEM/Expert services.
2.11.2 Contractor to prepare Schedule of Expert Services where AMC is available in
consultation with BHEL Engineer. If AMC is not available then deputation of Expert
Services shall be decided by BHEL based on mutually assessment of work, criticality
of requirement during maintenance activities.
2.11.3 Having AMC/Expert services with OEM for below mentioned equipment doesn’t
relieve contractor from its day to day maintenance responsibility of the
equipment/system. Final decision of deputation of OEM for AMC/Expert services
shall be with BHEL and same shall be binding on the contractor.
2.11.4 As per list below the following equipment/system are covered under AMC or expert
service provider for that equipment. This is not exhaustive list there may other
equipment for which expert service support shall be provided on requirement basis.
2.11.5 Contractor to prepare and maintain the service report of Expert service/OEM visit
Description OEM/Expert Service Routine/Frequency
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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B. Electrical Maintenance
ii. Inspection , repairing works of Oil filled Transformer (above 4MVA), LV Dry type
Power transformer 6.6KV/433, Oil Cooled transformer – MV voltage level, 3.3 KV
Motors etc.
iii Preparation of Maintenance History for all types of maintenance in Hard as well as
Soft copy and monthly submission to BHEL/NTPC and maintaining equipment History
cards for all equipment’s.
iv. Periodic updating of spare and consumables requirement, provide reconciliation status
of spares on monthly basis.
vi. 11 kV Cable and 3.3 kV Cable – End termination and straight through termination work
(Material shall be provided by BHEL on FOC basis). Required expertise manpower
and tools is under contractor scope.
vii. All kind of spare materials, equipment’s inside the plant which includes, receiving
materials from central stores or directly from vendor and store the same in local stores
or site as per instruction from BHEL, and material shifting from site to central stores as
required.
viii Arranging Liasoning with electrical inspector/CEA during the yearly electrical
inspection and as and when required. Any required Fee will be paid by BHEL/NTPC.
ix. Implementing and sustenance of Quality activities like 5S, Quality circles etc.
xii Maintaining Testing certifications of all Elevators in the plant as per standards.
xiii Housekeeping (Weekly cleaning of panel room floor with soft broom, wet mop and
cleaning of spider webs from wall) in all Electrical Panel Room.
xiv. Arranging Periodic calibration (NABL accredited lab )of all Electrical meters, testing
kits, measuring equipment’s etc., as per standard of contractor scope.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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2.12.1 12.54 MV FGD Oil Transformer -2 No. ,Segregated Bus Duct ( 3.3 KV) :
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Chapter -II: SCOPE OF WORKS
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2.13.1 Contractor to raise the request in prescribed format as finalized by BHEL for
requirement of OEM/Expert services.
2.13.3 Having AMC/Expert services for below mentioned equipment doesn’t relieve
contractor from its day to day maintenance responsibility of the equipment/system.
Final decision of deputation of Expert services shall be with BHEL and same shall be
binding on the contractor.
2.13.4 Detail of expert service provider for that equipment as mentioned below. This is not
exhaustive list there may other equipment for which expert service to support shall
be provided on requirement basis.
2.13.5 Contractor to prepare and maintain the service report of Expert service/OEM visit
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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C. C&I Maintenance
2.14 Brief Description
FGD Dadri 2 x490 MW having microprocessor based Distributed Digital control,
monitoring & information system (DDCMICS) based control panels, Remote Input
output panels (RIO). DCS shall cover the entire Control / Monitoring of the plant
such as FGD controls
2.14.1 Scope includes Routine, Periodic, Preventive Maintenance of all C&I equipment’s
as per schedule finalized with BHEL and Break down maintenance.
Scope Broadly consists of following:
2.14.2 Maintenance of Control room panels (DCS), Operator stations, Racks.
Maintenance of all field instruments i.e.Temperature, Pressure, level and
Flow instruments (local and remote) and special instruments like analyzers
etc. replacing the damaged items with the spares.
Maintenance of Main , Control and Signal Cables and Cable trays
Maintenance of Battery and Battery charger 24 V DC
Maintenance of impulse lines
Maintenance of Electronic earthing, Earth grid etc.
Maintenance of Fire Detection and Alarm system
Maintenance of Control/ Pneumatic/Motorized Valves and actuators,
Integrated valves etc.
Set up of calibration lab for instruments is recommended otherwise
calibration of instruments to be done through NABL approved labs
Maintenance, Software handling of DCS, Minor Logic modification, Minor
Logic Development as and when required and incorporates in DCS for the
existing I/O’s.
Spares like washers, small screws, bolts and nuts etc. will be in Contractor’s
scope and should be replaced as and when required.
Scope detailed in following clause but not exhaustive:
2.14.3 Calibration, Dismantling, Mounting, Repair, Routine, Periodic maintenance,
Preventive maintenance, Cleaning, replacement and checking the operating
condition while on site and in the lab for all the field instruments viz. – Pressure
Gauges, Pressure Switches, , Differential Pressure Gauges, Differential Pressure
Switches, Level Switches, Pressure Transmitters, Differential Pressure
Transmitters, Level Transmitters, Flow Transmitters, Ultrasonic Type Transmitters,
Electronic Transmitter, Non-Contact Radar Type Transmitter, Temperature
Gauges, Temperature Switches, Temperature Elements. RTDs’, Thermocouples,
Limit Switches, Solenoid Valves, On-Line Analysers, SO2/NOX/CO/CO2 Analyser,
Opacity Monitor, Mercury Analyser, Low Temperature Oxygen Analyser ,Analytical
Instruments, Etc.
2.14.4 Routine Checking of Control Power Supply, Main Power Supply, Connection
Tightness, etc. for all the Electrical Actuators, Impulse Line Tightness
Checking/Leakage detection and arresting for all the Pneumatic Actuators and
tightness associated with Hydraulic Lines.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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Contractor has to arrange for temporary power supply from the point provided in
plant by BHEL/NTPC for site calibration, maintenance, and repair works execution.
Contractor shall provide all the hardware required for making these arrangements.
2.14.5 Contractor has to arrange for temporary instrument air supply line, from the
point provided at site for calibration, maintenance, and repair works
execution. Contractor shall provide all the hardware required for making
these arrangements.
Any maintenance/repair jobs in DCS shall be in Contractor scope.
Contractor has to daily/periodically check/inspect the field instruments,
panels, actuators, transmitters, impulse lines etc. In case of any
damage/misalignment/mal-operation/abnormal conditions, shall have to
immediately rectify and inform the same to BHEL Engineers.
All maintenance/repair etc. for the pneumatic/motorized actuators.
Interlock; loop (starting from field end till the field termination
assembly/panel). Continuity-checking, cable, impulse line-tracing, sequence
of operation checking, trip setting are to be carried out by Contractor at the
discretion/guidance/assistance of BHEL/NTPC
Routine/Daily cleaning/Removal of oil stains, Dust, Rust from panels,
actuators, junction boxes, field transmission assemblies, field
instruments/mounting/supports, other equipment etc. will be in Contractor
scope. Whenever possible mechanical means will be used.
Maintenance, minor repair works, cleaning of computers, printers, mouse
etc. involved in plant automation.
Applying lubricant, Cleaning filters, removing chokes in the impulse line,
filters, plugging leaks etc.
Attending Trouble shooting and other emergency time/jobs.
Removing the indicators, recorders, transmitters, valves and other
instruments and vice versa or outside the plant for servicing, repair and re-
fixing them in their appropriate places.
Checking of cables and terminations, Laying and connecting of cables as
and when required
Fabrication of items like canopies, junction boxes, Panel cutouts for
installing any instruments, mounting brackets for any field mounted
instruments, siphons for instruments, thermo wells for temperature gauges
and impulse lines fabrications. Material shall be provided by BHEL on free
cost basis.
Checking instruments like multimeters, meggers, clamp meter, loop
calibrator, pneumatic receiver gauges, soldering station,
pneumatic/instrument line tools like cutter bender etc. shall be Contractor’s
scope.
Removing, replacement, shifting of field and panel instruments and
motorized valves actuator, control valves actuator as per advice of
BHEL/NTPC shall be in Contractor’s scope.
Calibration of Master calibrating instrument by recognized and authorized
external agency/NABL approved agency.
Passivation and preservation of removed instrument in A/C storage place to
keep Electronic Cards shall be provided by BHEL/NTPC
Replacement of fire sealant of material on requirement basis in the scope.
Material shall be provided by BHEL on free cost basis.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -II: SCOPE OF WORKS
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
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2.15.1 Contractor to raise the request in prescribed format as finalized by BHEL for
requirement of OEM/Expert services.
2.15.2 Contractor to prepare Schedule of Expert Services where AMC is available in
consultation with BHEL Engineer. If AMC is not available, Deputation of Expert
Services shall be decided by BHEL based on mutually assessment of work,
criticality of requirement during maintenance activities.
2.15.3 Having AMC/Expert services for below mentioned equipment doesn’t relieve
contractor from its day to day maintenance responsibility of the equipment/system.
Final decision of deputation of Expert services shall be with BHEL and same shall
be binding on the contractor.
2.15.4 Detail of expert service provider for that equipment as mentioned below. This is not
exhaustive list there may other equipment for which expert service to support shall
be provided as per requirement.
2.15.5 Contractor to prepare and maintain the service report of Expert service/OEM visit
S.NO. Description OEM/Expert Service Routine/Frequency
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
6 All type of lubricants which go Yes Lubricants is in scope of BHEL, but O&M
into the System / equipment contractor to prepare the list, generate
requirements in time and its handling,
proper disposal at designated place.
7 All type of Consumables which Yes Hydrated lime and NaOH for dosing
goes in to the System / purpose.
equipment.
8 Lime stone Handling & Gypsum Yes Handling of lime stone and gypsum
Handling handling at designated place and shifting
of same by another agency of BHEL.
9 All type of chemicals required for Yes All type of chemicals required is in BHEL
FGD system. Though their handling and shifting shall
be in the contract scope.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
10 Spares Parts which goes in to Yes All spares to be supplied by BHEL. But
the system / equipment the adequacy of spare shall be reviewed
both by BHEL and Contractor. Tendency
of new spare requirement to be reduced
and more focus to be given on
11 Inventory of Spare Part /Spares Yes refurbishment/repairing. Consumption
report and raising request pattern of spare shall be jointly finalized.
12 Lighting of the FGD Plant and Yes Maintenance of FGD Plant lighting
BHEL Office /Store shed / including street pole (approx. 22 no)
common area etc. office/store sheds/common area in
mast/weighbridges etc. contractor scope. All material (light,
fixtures, cable etc) required in
maintenance to be given by BHEL except
consumables. Ladder if in BHEL stores
same shall be provided free of chargeable
basis.
13 Laboratories:
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
18 Special Tools and Tackles Yes Special T&P's provided by OEM shall be
handed over to contractor. All other T&P
as per clause IV are in the scope of
Contractor. Operation and maintenance
of the same is in the scope of the
contractor. All scaffoldings are in the
scope of the contractor including repair,
19 Manpower for Maintenance Yes Contractor shall deploy manpower as
indicated category wise. Qualification and
experience shall also be given to BHEL
Site incharge.
20 Telephone facilities Yes Contractor has to provide area wise mobile
phone connection round the clock.
28 Flue Gas/ Lime stone /Gypsum / Yes Contractor scope limited to assistance in
Lime stone slurry chemical sampling
sample collection and
Maintenance of sampling &
analysis equipment of all the lab
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
a. Making the water available at Yes Contractor has to arrange on his own.
single point
b. Further distribution as per the Yes
requirement of work including
supply of materials & execution
38 LIGHTING
38.1 For Maintenance purpose Yes Necessary Hand lamps, Halogen lamps
with accessories shall be arranged by
contractor.
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TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
40 BHEL will not be responsible for any loss or damage to the contractor’s equipment as a result of
variation in voltage or frequency or interruptions in power supply.
41 Contractor shall be responsible for providing all necessary facilities like residential
accommodation( preferably with 4 km radius), transport, electricity, water, medical facilities etc.
at his own cost as required under various labour laws and statutory rules and regulations
framed there under to the personnel employed by him.
42 Provision of distribution lines of both electrical power and water from the central points to the
required place with proper distribution boards observing the safety rules laid down by the
electrical authorities of the state shall be done by the contractor, supplying all the materials like
cables, distribution board, switch boards, TPN, CBS, ELCBS/ MCCBS/ Copper / Brass clamps,
copper conductor, change over switches pipes etc. at his own cost. If any failure is caused in
supply of the power and water, it is the responsibility of the contractor to make alternate
arrangements at his cost. The contractor shall adjust his working shifts / hours accordingly and
deploy additional manpower if necessary so as to achieve the targets. The energy meter to be
installed by the contractor and shall be tested and certified by State Electricity Board or any
other agency approved by the NTPC at his cost.
43 The contractor while drawing construction power supply from Distribution Board should strictly
adhere to following points.
44 All electrical installations should be as per Indian Electricity rules.
45 All distribution Boards installed by the contractor should be constructed with fireproof materials
viz. Steel frames, Bakelite sheets etc.
46 Connection for single phase should be taken from phase and neutral. Nowhere the connection
should be taken with earth as neutral.
47 All electrical connections should be made through connectors, nuts and bolts, switches, plug
and sockets. Loose connections or hooking up of wires shall not be permitted.
48 Contractor has to make their own earthing arrangement for their equipment / DB earthing.
49 All electrical equipment / tools and plants should be properly earthed. DBs to be earthed
diagonally opposite at two points.
50 Contractor should use “MCCB” and “ELCB” either on incoming or outgoing connections to the
DBs.
51 Contractor should ensure that all the CBs / TPNs/ Fuses/ MCCB / ELCB cables etc. should be
of adequate rating/ capacity.
52 For permission of supply connections contractor has to submit a test report of their installations
with a single line diagram of connected/ proposed loads.
53 ELCB will be tested once in a week or as directed by BHEL by actually simulating the earth
leakage for all installations and the same shall be recorded in the logbook to be maintained by
the contractor.
54 In case of power cuts / load shedding no compensation for idle labour or extension of time for
completion of work will be given to contractor.
55 On completion of work or as and when required by BHEL, all the temporary buildings,
structures, pipe lines, cables etc. shall be dismantled and leveled and debris shall be removed,
as per instructions of BHEL, by the contractor at his cost. In the event of his failure to do so,
the Engineer will get it done and expenses incurred shall be recovered from the contractor
along with prevailing overheads. The decision of BHEL Engineer in this regard shall be final.
44
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
6 Welding sets with accessories and ovens for welding APR APR
electrodes backing and holding
7 Heat treatment and Stress relieving sets APR APR
45
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
29 Spanners of all type (Ring ,D,E, Box, Double end APR APR
,ratchet etc.)
30 Pipe Wrench’s APR APR
36 Scaffolding pipes along with clamps (swivel and fixed APR APR
type)
37 Scaffolding planks (metallic) APR APR
46
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
57 Dead Weight Tester rated 400 Kg/cm2 with weights & APR APR
test gauge facility
58 Oil temperature bath suitable to calibrate the APR APR
instruments range 0-300 deg. C with standard temp.
gauges & thermostatic control
59 Portable pressure calibrator APR APR
47
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
83 Oil filtration machine and tank required only oil APR APR
changing of transformer as per schedule/requirement
84 Transformer oil testing kit APR APR
Notes
1 The above list is only indicative and these T&Ps/IMTEs may not be required for entire
contract period but contractor shall ensure the availability of the T&Ps/IMTEs as per
maintenance schedule and T&P/IMTEs Deployment schedule.
T&P/IMTE Deployment schedule shall be finalized at site in consultation with BHEL
Engineer based on the maintenance schedule. BHEL decision shall be final and binding
regarding the T&P/IMTEs deployment schedule. Contractor shall mobilize / maintain the
T&P’/IMTEs as per the deployment schedule notified time to time by BHEL Engineer.
2 APR- Contractor has to deploy T&P, MMD, IMTE as per requirement of site and as
decided by BHEL Engineer.
3 If any one of T&P/IMTEs mentioned above is not needed for proper execution of scope of
work, provided contractor has not utilized BHEL free issued T&P for completing such
work, no recovery from contractor shall be applicable.
4 In case any work is delayed due to non-availability of T&P/IMTEs in scope of the
Contractor, penalty@ Rs.5000/- (Rupees Five Thousand Only) per instance shall be
applicable and shall be recovered from monthly O&M fees.
5 In case T&P/IMTEs in contractor scope have to deploy by BHEL :
a. If BHEL had to deploy its own T&P/IMTEs, hire charges of T&P applicable for
outside agencies as per extant guidelines for “Hire Charges on issue of Capital
Tools & Plants” shall be recovered.
b. If BHEL had to deploy the T&P from outside agency, actual hiring cost plus
applicable overheads i.e 5% shall be recovered
48
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
These recoveries shall be over and above the LD/penalties mentioned in the contract.
6. All the tools and tackles/measuring instruments shall be duly tested/calibrated and valid
certificate to that effect should be submitted to BHEL site in-charge before the start of
work.
7. If the work related to T&P/IMTEs mentioned above is completed then, BHEL can release
that T & P during contract period / extended period if any. However, written permission
shall be taken by contractor from BHEL construction Manager for releasing the
T&P/IMTEs.
4.1 List of Consumables to be Maintained During O&M Period
4.1.1 This list is only indicative and not exhaustive one. If any other consumables not in the list
but required for timely completion of the job shall be arranged by Contractor within
quoted rate.
4.1.2 Mechanical
a. Kerosene,
Diesel,
Petrol and rust remover/Rustolene,
CTC, Benzene etc.,
Hacksaw blades,
Cotton waste ,
Marking cloth and old cloth
,Asbestos cloth ,
Prussian blue,
Lead wire (1.0 mm, 1.5 mm, 0.5 mm) ,
Liquid soap/soap powder. ,
Carborundum grinding paste (fine, medium and coarse) ,
Cut off wheels ,
Grinding wheels.
Sealing agents like M seal etc. Adhesive agents like Loctite etc,
Cleaning agents like WD-40, Turpentine oil etc,
Oil stones,
Mounted wheels and rotary cutters,
Oxygen and D/A cylinders.
DP test kit and coir rope,
Chalks, marking pens, and thermal chalks up to 200 deg c
Insulation and medical tapes,
Polythene sheets ,
Hand gloves (asbestos and rubber),
manila rope,
Needle file set,
Air blower (electric),
Electric drills of various sizes,
Ball pen hammer of various sizes,
Magnifying glasses,
Gas cutting and welding goggles,
Argon gas welding equipment
Hand gloves Cotton & Leather.
Shims of various thickness
Sealant putty
49
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
a. Cleaners & consumables related to motor overhauling and Bearing replacements i.e.
Bearing retainers, Diesel, Red insulation varnish, Loctite.
b. Emery roll, sand paper, Drill bits, Hack saw blades, Emery paper necessary tape
(PVC/Para/Empire/Fiber-glass/Glass mica/Cotton, Teflon), cotton waste, cotton cloth,
Petrol, Kerosene, Diesel, CRC-226, Rustolene, CTC, Panel cutter, HT and LT insulation
tapes, soldering iron, de-soldering pump, test board, 24V hand lamp with transformer and
all cleaning elements etc., shall be in the Contractor scope.
c. Electrical Contact Cleaners, Acetone, Pen Oil, CRC, Electronic component cleaner,
Polythene, Tarpaulin, Petrol, Petroleum jelly etc will be in Contractor’s scope.
d. Welding & gas cutting consumables like electrodes, Gas cylinders etc
e. All general type of seals, Rings, Anna bond, Loctite and related consumables will be in
Contractor’s scope.
f. All consumables including small spares like washer, small screws, bolts and nuts of
different type/sizes and all HT/LT Cu/Al. lugs up to 25 sq mm and cable ties, printed
ferrule etc.
g. Cooling fans of different sizes for all LT motors inside the plant to be supplied by
contactor.
h. Terminal Blocks of all LT motors has to be supplied and maintained by contractor
i. Silicon sealant, putty, lugs up to 25sqmm cu & al, ,nut bolts, 1.5v-9v battery, 100w bulb,
bulb holder, hand lamp frame holder, extension board with cable, petroleum jelly, battery
clamp, distilled water, capacitors for AC/Fan, tarpaulins, cotton waste, Petrol, Kerosene,
Diesel, CRC-226, Rustolene, CTC, soldering iron, test board, 24 V hand lamps with
transformer and all cleaning elements will be under Contractor’s scope, Yellow/black strip
for 5s, Hydraulic Oil for dead weight tester, Calibration gases for analyzers, Buffer
solution for PH calibration, Glass fuses,
50
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter -IV: T&P and IMTEs DEPLOYED BY CONTRACTOR
Notes
1. Contractor shall ensure the quality of consumables used for maintenance shall be
according to OEM recommendations or as per BHEL approval. If OEM recommendation
does not exist, repair work shall be carried out as per standard codes and practices of
industry and after approval by the BHEL Engineer.
2. If any consumables in contractor scope have to arrange by BHEL, then BHEL shall made
recovery@ 1.5 times market rate of that consumables.
51
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter V: T&P DEPLOYED BY BHEL
5.1 Higher capacity crane other than specified in contractor scope shall be required for
maintenance job/material handling works shall be provided by the BHEL on free of
charge basis. However, contractor to raise the requirement in advance with BHEL.
BHEL decision regarding the requirement of the crane shall be final and binding on the
contractor. Delay in raising the requirement by contractor shall be attributable to
contractor for calculation of FGD availability if affected.
5.2 Crane shall be provided with Operator with fuel on free of cost basis.
5.3 In case of Idling of crane due to reasons attributable to contractor then BHEL Engineer
shall impose penalty 1.5 times of hire charges per day and same shall be recovered
from the monthly O&M fees paid to contractor.
5.4 Contractor shall make necessary arrangement like laying of special sleeper beds,
assembly & dismantling of heavy lift attachment, boom, jib etc. for movement and
operation of crane.
5.5 Any other special T&Ps for O&M purpose shall be provided on free of hire charges.
52
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter VI: TIME SCHEDULE
6.1 On award of work/LOI, contractor to immediately contact the BHEL O&M in-charge
for further instructions for mobilization. On mobilization contractor shall familiarize
with Operation and maintenance activities of FGD plant and deploy optimum staff
(Desk/Field operators etc.) as per the instructions of BHEL O&M in-charge
/Engineer.
6.2 Contractor is required to mobilize within 15 days from the date of issue of instruction
by BHEL O&M in-charge as per clause 6.1.
6.3 Zero Date:
BHEL shall operate the plant with their Desk operators in shifts till Trial Operation
Completion and taking over plant by NTPC or NTPC Clearance for O&M works.
Accordingly, O&M works shall be handed over to contractor.
Zero date shall start from date of NTPC clearance for start of O&M works or Trial
Operation completion and taking over plant by NTPC.
6.4 After completion of schedule period and based on performance of contractor, BHEL
may extend the contract in mutual agreement with contractor for another year. O&M
price shall be escalated by 3% during the extension period
6.4 Contract duration under subject tender for O&M services shall be 03 years from
Zero date.
6.5 Work under the scope of this contract shall be deemed to have been completed in
all respects only when so certified by BHEL. Decision of BHEL shall be final and
binding on the contractor.
6.6 Performance guarantee shall be as per clause no.2.24 (Performance Guarantee for
Workmanship) of General Conditions of Contract. The commencement of guarantee
period for the quality of the workmanship shall start from the date of handing over of
defect free plant to BHEL/NTPC.
6.7 Zero date shall be treated as start of work date for submission of SD as per GCC cl
1.10.2
53
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter VII: Ter ms of Payment
7.5.1 100% Monthly Payment of O&M Charges as per Item no.1 of Rate
Schedule(Annexure-I) for that year shall be payable on submission of Monthly
invoice along with all O&M reports and manpower deployment sheet as certified by
BHEL Engineer. Payment shall be regulated as per Annexure II of rate schedule and
subject to deductions if any that BHEL may authorized to make under the contract.
7.6 Monthly Payment of Manpower
7.6.1 100% Unit Manpower rate on pro rata basis shall be payable as per item no. 3.1.1 of
Annexure II (Rate schedule) on submission of deployment sheet duly certified by
BHEL Engineer for manpower mobilized till zero date.
7.6.2 100% Unit Manpower rate on pro rata basis shall be payable as per item no. 3.1.1 of
Annexure II(Rate schedule) on submission of deployment sheet duly certified by
BHEL Engineer for manpower deployment over and above mentioned under
cl.2.8.21.
54
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter VIII: Taxes and Duties
8.1 The contractor shall pay all (save the specific exclusions as enumerated in this
clause) taxes, fees, license, charges, deposits, duties, tools, royalty, commissions,
other charges, etc. which may be levied on the input goods and services consumed
and output goods & services delivered in course of his operations in executing the
contract. In case BHEL is forced to pay any of such taxes/duties, BHEL shall have
the right to recover the same from his bills or otherwise as deemed fit.
8.2.1 GST as applicable on output supply (goods/services) are excluded from contractor’s
scope; therefore, contractor’s price/rates shall be exclusive of GST. Reimbursement
of GST is subject to compliance of following terms and conditions. BHEL shall have
the right to deny payment of GST and to recover any loss to BHEL on account of
tax, interest, penalty etc. for non-compliance of any of the following condition.
8.2.2 The admissibility of GST, taxes and duties referred in this chapter or elsewhere in
the contract shall be limited to direct transactions between BHEL & its Contractor.
BHEL shall not consider GST on any transaction other than the direct transaction
between BHEL & its Contractor.
8.2.3 Contractor shall obtain prior written consent of BHEL before billing the amount
towards such taxes. Where the GST laws permit more than one option or
methodology for discharging the liability of tax/levy/duty, BHEL shall have the right to
adopt the appropriate one considering the amount of tax liability on BHEL/Client as
well as procedural simplicity with regard to assessment of the liability. The option
chosen by BHEL shall be binding on the Contractor for discharging the obligation of
BHEL in respect of the tax liability to the Contractor.
8.2.4 Contractor has to submit GST registration certificate of the concerned state.
Contractor also needs to ensure that the submitted GST registration certificate
should be in active status during the entire contract period.
8.2.6 Vendor has to submit GST compliant invoice within seven days from the due date of
invoice as per GST Law. In case of delay, BHEL reserves the right of denial of GST
payment if there occurs any hardship to BHEL in claiming the input thereof. In case
of goods, vendor has to provide scan copy of invoice & GR/LR/RR to BHEL before
movement of goods starts. Special care should be taken in case of month end
transactions.
55
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter VIII: Taxes and Duties
8.2.7 Vendor has to ensure that invoice in respect of such services which have been
provided/completed on or before end of the month should not bear the date later
than last working day of the month in which services are performed.
8.2.8 Subject to other provisions of the contract, GST amount claimed in the invoice shall
be released on fulfilment of all the following conditions by the Contractor: -
8.2.9 Any financial loss arises to BHEL on account of failure or delay in submission of any
document as per contract/purchase order/work order at the time of submission of
Tax invoice to BHEL, shall be deducted from contractor’s bill or otherwise as deemed
fit.
8.2.10 TDS as applicable under GST law shall be deducted from contractor’s bill.
8.2.11 Contractor shall comply with the provisions of e-way bill wherever applicable. Further
wherever provisions of GST Act permits, all the e-way bills , road permits etc.
required for transportation of goods needs to be arranged by the contractor.
8.2.12 Contractor shall be solely responsible for discharging his GST liability according to
the provisions of GST Law and BHEL will not entertain any claim of
GST/interest/penalty or any other liability on account of failure of contractor in
complying the provisions of GST Law or discharging the GST liability in a manner
laid down thereunder.
8.2.13 In case declaration of any invoice is delayed by the vendor in his GST return or any
invoice is subsequently amended/altered/deleted on GSTN portal which results in
56
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter VIII: Taxes and Duties
any adverse financial implication on BHEL, the financial impact thereof including
interest/penalty shall be recovered from the Contactor’s due payment.
8.2.14 Any denial of input credit to BHEL or arising of any tax liability on BHEL due to non-
compliance of GST Law by the Contractor in any manner, will be recovered along
with liability on account of interest and penalty (if any) from the payments due to the
Contactor.
8.2.15 In the event of any ambiguity in GST law with respect to availability of input credit of
GST charged on the invoice raised by the contractor or with respect to any other
matter having impact on BHEL, BHEL’s decision shall be final and binding on the
contractor.
Any upward variation in GST shall be considered for reimbursement provided supply
of goods and services are made within schedule date stipulated in the contract or
approved extended schedule for the reason solely attributable to BHEL. However
downward variation shall be subject to adjustment as per actual GST applicability.
In case the Government imposes any new levy/tax on the output service/goods after
price bid opening, the same shall be reimbursed by BHEL at actual. The
reimbursement under this clause is restricted to the direct transaction between BHEL
and its contactor only and within the contractual delivery period only.
In case any new tax/levy/duty etc. becomes applicable after the date of Bidder’s offer
but before opening of the price Bid, the Bidder/Contractor must convey its impact on
his price duly substantiated by documentary evidence in support of the same before
opening of price bid. Claim for any such impact after opening the price bid will not be
considered by BHEL for reimbursement of tax or reassessment of offer.
TDS/TCS as applicable under Income Tax Act, 1961 or rules made thereunder shall
be deducted/collected from contractor’s bill.
8.2.2 If BOCW cess become applicable at any stage during O&M period, same shall be
reimbursed to contractor on production of deposit challan.
8.2.3 It shall be the sole responsibility of the contractor as employer to ensure
compliance of all the statutory obligations under these act and rules including that
of payment / deposit of 1% cess on gross payment made for value of work
involving building or construction workers engaged by the contractor within a
period of one month from the receipt of payment
57
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter VIII: Taxes and Duties
8.2.4 It shall be the responsibility of the sub-contractor to furnish the receipts /challans
towards deposit of the cess together with the number, name and other details of
beneficiaries (building workers) engaged by the sub-contractor during the
preceding month.
58
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter IX: Others
Exclusions:
1. Capital Overhauling/ Annual overhauling shall be excluded from the scope of this tender
but contractor to maintain the records such maintenance
4. All type of Chemicals (Hydrated lime, NaOH etc.) Lube Oils, Grease for use in operation
5. Insulation works except as mentioned in the contract for specific maintenance work
59
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter X: Rate Schedule
2. Unit Price quoted shall includes supply of manpower with all statutory compliance (PF, WC
policy, bonus, Retrenchment benefits, leave wages, ESI/ General insurance, Workmen
Compensation, Canteen facility), PPEs, Uniform, lodging, travel expenses T&P, IMTEs,
consumables etc. for operation and maintenance (Routine/Periodic/Preventative/Break
down maintenance), updation of spares list, loading and unloading of material all other
works etc. as covered in tender specifications.
3. Payment of Monthly O&M price shall be regulated as per the Annexure-II.
60
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter X: Rate Schedule
Annexure-II
3. Payment of Monthly O&M Price as below ( Calculation for First year in Detailed as
below):
61
TECHNICAL CONDITIONS OF CONTRACT (TCC)
Chapter X: Rate Schedule
Notes:
1. Derived Unit manpower rate shall remain firm for the first year and after that manpower
rate derived as per rate schedule item no. 2 i.e O&M price for second year and similarly for
third year and derived rate remain firm for that period.
2. Based on work requirement and as certified by BHEL Engineer, if any additional
manpower over and above mentioned under clause 2.8.21 required then same shall be
deployed by contractor. These manpower shall be paid as per derived manpower rate as
per item no. 3.1.1 of Annexure-II on pro rata basis.
3. Quoted monthly price and corresponding contract value shall remain firm irrespective of
deployment of manpower over and above mentioned under clause 2.8.21. Though
payment on account of deployment of additional manpower shall be limited to 5% of
respective yearly contract value of O&M.
4. All statutory compliances (like PF,ESI etc.) shall be in the contractor scope. Overtime, if
any shall be in contractor scope. All expense related to accommodation, transportation of
their staff shall be in contractor scope. Contractor to ensure payment of minimum wages
prevailing at NTPC Dadri.
62
Rev 02
SPECIAL CONDITIONS OF CONTRACT (SCC)
08th October
Chapter - I : General Intent of Specifications
2014
SPECIAL
CONDITIONS OF
CONTRACT (SCC)
(Document No PS:MSX:SCC)
NOT APPLICABLE.
NOT APPLICABLE.
4.2.1.1 All T&Ps and MMEs excepting those specifically indicated in BHEL scope are to be
provided by the Contractor. Contractor has to make his own arrangement at his cost
for completing the formalities (including arrangement of Road permits, if any) if
required with Sales Tax/VAT authorities, for bringing their materials, plants and
equipments at site for the execution of work under this contract.
4.2.1.2 All suitable cranes, lifting and transport equipments for material handling at
stores/yard/siding of BHEL/Customer are included in scope. BHEL’s cranes will not
be available for this purpose unless otherwise specifically permitted as per contract
conditions
4.2.1.3 All T&Ps to be deployed by the contractor shall have the approval of BHEL Engineer
with regard to brand, quality and specification.
4.2.1.4 Indicative list of Major T&Ps in the scope of Contractor are given in the Technical
Conditions of Contract. Bidders to note that these are only indicative and as such all
other T&P necessary for timely and satisfactory completion of work in scope shall
be mobilized by Contractor
4.2.1.5 Timely deployment of adequate T&Ps is the responsibility of the contractor. The
contractor shall be prepared to augment the T&P at short notice to match the
planned programme and to achieve the milestones.
4.2.1.6 Contractor shall maintain and operate his tools and plants in such a way that major
breakdowns are avoided. In the event of major breakdown, contractor shall make
alternative arrangements expeditiously so that the progress of work is not
hampered.
4.2.1.7 In the event of contractor failing to arrange the required tools, plants, machinery,
equipment, material or non-availability of the same owing to breakdown, BHEL will
make alternative arrangement at the risk and cost of the contractor. Decision of
BHEL shall be final and binding on the contractor.
It is not obligatory on the part of BHEL to provide any tools and tackles or other
materials other than those specifically agreed to do so by BHEL. However,
depending upon the availability, BHEL/ BHEL 's Customer handling equipment and
other plants may be made available to the contractor on payment of hire charges
Document No PS:MSX:SCC, Rev 01 Chapter-IV, Rev 00 Page 6
SPECIAL CONDITIONS OF CONTRACT (SCC)
Chapter - IV : Obligations of Contractor
as fixed, subject to the conditions laid down by BHEL/ Customer from time to time,
Unless paid in advance, such hire charges, if applicable, shall be recovered from
contractor's bill /security deposit or any other due payment in one instalment.
4.2.1.8 The T&P to be arranged by the contractor shall be in proper working condition and
their operation shall not lead to unsafe condition. The movements of cranes, and
other equipment should be such that no damage / breakage occurs to foundations,
other equipments, material, property and men. All arrangements for the movement
of the T&P etc shall be the contractor’s responsibility.
4.2.1.9 Use of welding generators/ rectifiers only shall be permitted for welding. Use of
welding transformers will be subject to specific approval of BHEL engineer.
4.2.1.10 The contractor at his cost shall carry out periodical testing of his equipments. Test
certificates shall be furnished to BHEL.
4.2.1.11 Contractor shall ensure deployment of serviced and healthy T&Ps including cranes,
lifting tackles, wire ropes, manila ropes, winches and slings etc. History card and
maintenance records for major T&Ps will be maintained by the contractor and will
be made available to BHEL Engineer for inspection as and when required. Fitness
certificate / Test Certificates of T&P shall have to be submitted before it is put in use.
Identification for such T&Ps will be done as per BHEL Engineer's advice.
BHEL reserves the right to permit only new slings up to 20 mm and lifting tackles up
to 3 MT capacities.
4.2.1.12 Contractor shall ensure deployment of reliable and calibrated MMEs (Inspection
measuring and Monitoring equipment). The MMEs shall have test / calibration
certificates from authorized / Government approved / accredited agencies traceable
to National / International standards. Each MME shall have a label indicating
calibration status i.e. date of calibration, calibration agency and due date for
calibration. A list of such instruments deployed by contractor at site with its
calibration status is to be submitted to BHEL Engineer for control.
4.2.1.13 Re-testing/ re-calibration shall also be arranged at regular intervals during the period
of use as advised by BHEL Engineer within the contract price. The contractor will
also have alternate arrangements for such MME so that work does not suffer when
the particular instrument is sent for calibration. If any MMEs not found fit for use,
BHEL shall have the right to stop the use of such item. It will be necessary for the
contractor to deploy proper item. Any readings taken by the defective instrument will
be recalled and repeat the readings taken by that instrument with a proper one. In
case he fails to do so, BHEL may deploy MMEs and retake the readings at
contractor’s cost.
4.2.1.14 BHEL shall have lien on all T&P, MMEs and other equipment of the contractor
brought to the site for the purpose of erection, testing and commissioning. BHEL
shall continue to hold the lien on all such items throughout the period of contract /
extended period. The contractor and/ or his sub-contractors, without the prior written
approval of the Engineer, shall remove no material brought to the site.
4.2.1.15 The month wise T&P deployment plan to execute the work is to be submitted as per
relevant format as per the instruction of BHEL. It shall be the contractor's
responsibility to deploy the required T&P, for timely and successful completion of
the job, to any extent.
4.2.2 Obligations in respect of T&Ps and MMEs provided by BHEL
4.2.2.1 T&P / MMEs being provided by BHEL to sub-contractor free of hire charges shall be
shared by other subcontractors working for BHEL at site and the allotment done by
BHEL Engineer shall be final and binding.
4.2.2.2 BHEL T&P will be issued in basic assembled condition. Additional loose
components / sub-assemblies / attachments as and when necessary, will be issued
by BHEL. Assembly of such additional loose components/sub-assemblies/
attachments is in contractor’s scope.
4.2.2.3.3 In case of non-availability of the T&Ps to be provided by BHEL due to breakdown,
major overhauls, distribution pattern or any other reason, the contractor shall plan /
amend / alter his activities to meet erection / commissioning targets in consultation
with BHEL.
4.2.2.4.4 void
4.2.2.5.5 The contractor shall engage trained and experienced operators for the operation of
BHEL’s T&Ps. Their skill / performance will be checked by BHEL Engineer before
they are allowed to operate the same. However checking of skills by BHEL does not
absolve the contractor of his responsibilities for proper and safe handling of
equipment, consistent good performance of operators and regular performance
evaluation of operators.
4.2.2.6 The day to day operation and maintenance of BHEL’s T&Ps (Other than cranes)
shall be carried out by contractor as per manufacturer's / BHEL's maintenance
schedule at his cost. The contractor shall arrange, at his own cost, trained operators,
fuel and other consumables for their operation. BHEL shall arrange all spares
needed for upkeep of major T&Ps provided like Huck Bolting Machine*, DG Set,
Induction Machine and Hydraulic Test pumps. The contractor has to arrange for
fixing of the spares; supervision in specialized cases will be provided by BHEL. For
upkeep of all other T&Ps supplied by BHEL, spares shall be arranged by the
Contractor. BHEL supplied T&Ps shall be maintained in good working condition
during the entire period of use. T&Ps in defective / damaged condition shall be
rectified promptly to the full satisfaction of BHEL engineer. Contractor shall maintain
records for maintenance of major T&Ps. These shall be made available for
Inspection whenever required. In case of any lapses on the part of the contractor,
BHEL at its own discretion shall get the servicing/ repair of equipment done at the
risk and cost of the contractor along with BHEL overheads. Further, if there are
breakdowns / damages due to negligence of the contractor, the complete service /
repair charges and cost of all the spares damaged with BHEL overheads shall be
recovered from contractor’s RA bills.
*: for operation and maintenance of ESP Huck bolting machine, BHEL shall provide
the basic power rig and hose. Balance toolings ie Guns, chuck jaws etc are to be
arranged by contractor.
4.2.2.7.6 void
4.2.2.8 Increasing / shortening of the crane boom to suit work requirements shall have to
be arranged by the indenting contractor at his cost including restoration to a state
as directed by BHEL. All necessary manpower tools, support, consumables,
illumination etc. will have to be arranged by contractor at his cost. If required,
contractor has to return the crane with original boom.
4.2.2.9 The area and infrastructure development of the area to be carried out by the
customer. However in construction projects of this magnitude it is possible that all
the areas / approaches may not be ready. In such cases backfilling of approaches
where ever necessary, consolidation of ground and arrangement of sleepers / sand
bag filling etc for safe operation / movement of equipment including cranes / trailers
etc shall be the responsibility of the contractor at his cost. No compensation on this
account shall be payable.
4.2.2.10 In the event of contractor not using and maintaining BHEL T&Ps according to
BHEL’s instructions. BHEL will have the right to withdraw such item without any
notice and no claim in this regard shall be entertained and contractor shall be
responsible for delay in execution on this account.
4.2.2.11 The contractor shall furnish regular utilization report of the BHEL T&Ps, as per
requirement of BHEL.
4.2.2.12 Any loss / damage to any part of BHEL T&Ps and MMEs shall be to the contractor's
account and any expenditure on these accounts by BHEL will be recovered from the
contractor's bill in case the contractor fails to make good the loss.
4.2.2.13 It shall be responsibility of the contractor to take delivery of T&Ps and MMEs from
stores or place of use by other contractor at project site, transport the same to site
and return the same to BHEL store / place as intimated by Engineer in project site
in good working conditions after use.
4.2.2.14 The contractor shall return BHEL T&Ps and MMEs issued to him in good working
condition as and when desired by BHEL (on completion or reduction of workload).
If contractor delays return of T&P and MME, hire charges as applicable shall be
levied by BHEL from time, it was requisitioned till the time of actual return.
T&Ps and MMEs returned in damaged / unserviceable condition shall be got
repaired by BHEL at its own discretion and entire cost of repair with BHEL overheads
shall be recovered from the contractor.
4.2.2.15 Replacement cost including BHEL overheads in respect of irreparable / completely
damaged / non return of T&Ps and MMEs shall be recovered from the contractor's
running / final bills
4.2.2.16 Obligations in respect of Cranes provided by BHEL
a) BHEL will make available the cranes (as per Technical Conditions of Contract) free
of charge to the contractor on sharing basis mainly for the purposes enumerated/
indicated therein. BHEL cranes have to be shared with other agencies / contractors
of BHEL. The allocation of cranes shall be the discretion of BHEL engineer, which
shall be binding on the contractor.
b) BHEL Cranes may be initially issued in basic assembled condition. Any
alteration/addition like boom reduction / extension, assembly of components/sub-
assemblies needed for modulating the capacity/reach/other features of cranes and
restoration to the state as directed by BHEL shall be the contractor’s responsibility.
c) In case the BHEL cranes are not covered under AMC of BHEL, then the day-to-day
upkeep and running maintenance like filling / topping up of lubricants, changing
filters, etc including repair of self starter and dynamo of these cranes shall be the
responsibility of the contractor. If on checking it is found that the same is not
followed, BHEL will exercise its right to get the job/works done at the risk and cost
of contactor.
In case BHEL cranes are covered under AMC awarded by BHEL, then the day-to-
day upkeep and running maintenance as described above are excluded from scope.
BHEL may also provide cranes through crane hiring agencies in which case the day-
to-day upkeep and running maintenance shall be excluded from scope of contractor.
d) Minor consumables like cotton cloth, cotton waste, etc is to be supplied by
Contractor. All spares and lubricants/grease is excluded from scope. Contractor to
give the requirements of these items well in advance in case the cranes provided by
BHEL are BHEL owned cranes.
e) Unless otherwise specified, trained operators for BHEL owned cranes shall be
provided by the contractor. These operators should possess valid license for heavy
vehicle.
f) BHEL cranes will be withdrawn for regular and capital maintenance as per the
respective schedule of maintenance. As far as possible such schedules will be
intimated to the contractor in advance and may be adjusted depending on the work
requirements at site. However no claim whatsoever will be entertained on account
of non-availability of cranes.
g) Where the services of the cranes provided by BHEL are to be shared by other
agencies/ contractors of BHEL, the contractor’s responsibilities defined above will
also be apportioned accordingly to the beneficiary agency. Working arrangements
in this regard will be done at site by BHEL engineer and in any case his decision
shall be final and binding.
h) Major breakdowns will be attended to by BHEL. However, in case of breakdowns or
damages due to negligence of the contractor, the complete service/repair charges
including cost of spares shall be to the account of the contractor, along with BHEL
overheads.
4.2.2.17 NOT APPLICABLE.
5.10 Contractor shall deploy only qualified and experienced engineers/ supervisors.
They shall have professional approach in executing the work.
5.11 The contractor's supervisory staff shall execute the work in the most professional
manner in the stipulated time. Accuracy of work and aesthetic finish are essential
part of this contract. They shall be responsible to ensure that the assembly and
workmanship conform to dimensions and tolerances given in the
drawings/instructions given by BHEL engineer from time to time.
5.12 The supervisory staff employed by the contractor shall ensure proper outturn of
work and discipline on the part of the labour put on the job by the contractor. Also
in general they should see that the works are carried out in a safe and proper
manner and in coordination with other labour and staff employed directly by BHEL
or other contractors of BHEL or BHEL's client.
5.13 It is the responsibility of the contractor to arrange gate pass for all his employees,
T&P etc for entering the project premises. Necessary coordination with customer
officials is the responsibility of the contractor. Contractor to follow all the
procedures laid down by the customer for making gate passes. Where permitted,
by customer / BHEL, to work beyond normal working hours, the contractor shall
arrange necessary work permits for working beyond normal working hours.
5.14 The actual deployment will of Labour and Engineer/supervision staff shall be so
as to satisfy the O & M Schedule by BHEL. It is found that the contractor is not in
a position to deploy the required engineers/supervisors/workmen due to any
reason, BHEL shall have the option to make alternate arrangements at the
contractor’s risk and cost. The expenditure incurred along with BHEL overheads
thereon shall be recovered from the contractor as per extant clause in contract.
5.15 Contractor shall not deploy women labour at night.
I
NOT APPLICABLE.
NOT APPLICABLE.
9.2 In case of any financial deduction made by Customer for lapses of safety other
than what is provided above or elsewhere in the contract, the same shall be
charged on back-to-back basis on the defaulting contractor without prejudice to
any other right spelt anywhere in the tender /contract.
10.2 Mode of payment and measurement of work completed shall be as per relevant
clauses of General Conditions of Contract
10.3 Release of payment in each running bill including PVC Bills where ever applicable
will be restricted to 95% of the value of work admitted as per stages of
progressive pro rata payments.
10.4 The 5% thus remaining shall be treated as ‘Retention Amount’ and shall be
released as per terms specified in the General Conditions of Contract.
10.5 The payment for running bills will normally be released within 30 days of
submission of running bill complete in all respects with all documents. It is the
responsibility of the contractor to make his own arrangements for making timely
payments towards labour wages, statutory payments, outstanding dues etc and
other dues in the meanwhile.
In case of Civil works, 60% of RA Bills complete and correct in all respects and
certified by BHEL Engineer, shall be paid within 15 days of receipt. Balance
payment shall be within 30 days.
10.6 BHEL shall release payment through Electronic Fund Transfer (EFT)/RTGS. In
order to implement this system, Contractor to furnish details pertaining to his
Bank Accounts where proceeds will be transferred through BHEL’s banker, as
per prescribed formats:
Note: BHEL may also choose to release payment by other alternative modes as
applicable
10.7 Paying Authority shall be the Construction Manager of the Site. Any change in
the paying Authority shall be intimated to the Contactor accordingly.
11.4 Performance of the contractor will be taken into consideration for assessing the
capacity of the bidder to execute future jobs under tender, as detailed in the Notice
Inviting Tender. Risk of non evaluation or non availability of the Monthly
performance evaluation reports is to be borne by the Bidder.
11.5 In case of ‘Unsatisfactory performance’ for a continuous period of three or more
months for a package or packages, BHEL has the right to get the balance works
executed at the risk and cost of the contractor.
11.6 In case of ‘Unsatisfactory performance’ in a financial year, BHEL reserves the right
to put on hold such Contractors for a period of six months for similar package or
similar packages
a) Bidder does not honour his own offer or any of its conditions within the
validity period.
b) Bidder fails to respond against three consecutive enquires of BHEL.
c) After placement of order, Bidder fails to execute a contract.
d) Bidder fails to settle sundry debt account, for which he is legitimately
liable, within one year of its occurrence.
e) Bidder’s performance rating falls below 60% in specific category (more
fully described in chapter ‘Performance Monitoring’)
f) Bidder works are under strike/ lockout for a long period.
12.4 A Bidder may be de-listed from the list of registered Bidders of the region for a
period of 1 year on the basis of one or more of the following reasons:-
12.5 A Bidder can be banned from doing any business with all Units of BHEL for a
period of 3 years on the basis of one or more of the following reasons:
a) Bidder is found to be responsible for submitting fake/ false/ forged
documents, certificates, or information prejudicial to BHEL’s interest.
b) In spite of warnings, the Bidder persistently violates or circumvents the
provisions of labour laws/ regulations/ rules and other statutory
requirements.
c) Bidder is found to be involved in cartel formation
for
SITE
OPERAT
E IONS
by
SUB‐
B
N
CONTRACTORS
POWER SECTOR
HSE PLAN FOR SITE OPRATIONS BY BHEL’S SUBCONTRACTORS
AT A GLANCE
SIGNING OF MOU
BEFORE START
HSE ORGANISATION
Manpower HSE Roles and
1 (one) safety officer for every 500 workers responsibilities
or part thereof
1(one) safety‐steward/ supervisor for Site In‐charge‐ As per
PLAN
HSE Planning
for Man, Machinery/Equipment/Tools & Tackles
HSE INFRASTUCTURE
PPEs Canteen facilities
PROVIDE
HSE COMMUNICATION
Incident Reporting Event Reporting
COMMUNICATE
PERMIT TO WORK
Height work (above 2 metres), Hot Work, Heavy Lifting, Confined Space,
Radiography, excavation (More than 4 metres)
EXECUTE SAFELY
HOUSE KEEPING
WASTE MANGEMENT
TRAFFIC MANAGEMENT
ENVIRONMENTAL CONTROL
EMERGENCY PREPAREDNESS AND RESPONSE PLAN
Refer Clause 16
Incremental penalty
For repeated violation by the same person, the penalty would be double
of the previous penalty
For repeated fatal incident in the same Unit incremental penalty to be
imposed. The subcontractor will pay 2 times the penalty compared to
previously paid in case there are repeated cases of fatal incidents under
the same subcontractor for the same package in the same unit.
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Approved
Reviewed
Details of
Prepared
Changes
Reason
Date
HSEP:14-F33 – HSE
Performance Evaluation
(Page 31, Clause 13 –
revised)
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1.0 PURPOSE 4
2.0 SCOPE 4
7.2 RESPONSIBILITIES 9
11.5 HOUSEKEEPING 24
HSE INSPECTION
12.0 29
INSPECTION OF PPE
12.2 29
HSE PENALTIES
14.0 32
OTHER REQUIREMENTS
15.0 32
NON COMPLIANCE
16.0 33
HSE AUDIT/INSPECTION
17.0 34
20.0 Annexures 36
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1.0 PURPOSE
1.1 The purpose of this HSE Plan is to provide for the systematic identification, evaluation, prevention and control of general
workplace hazards, specific job hazards, potential hazards and environmental impacts that may arise from foreseeable
conditions during installation and servicing of industrial projects and power plants.
1.2 This document shall be followed by BHEL’s subcontractors at all installation and servicing sites. In case customer specific
documents are to be implemented, this document will be followed in conjunction with customer specific documents.
1.3 Although every effort has been made to make the procedures and guidelines in line with statutory requirements, in case of
any discrepancy relevant statutory guidelines must be followed.
1.4 In case the customer has any specific requirement, the same is to be fulfilled.
2.0 SCOPE
The document is applicable for BHEL’s Subcontractors at all installation / servicing activities of BHEL Power Sector
as per the relevant contractual obligations.
Ensure the Health and Safety of all persons at work site is not adversely affected by the work.
Ensure protection of environment of the work site.
Comply at all times with the relevant statutory and contractual HSE requirements.
Provide trained, experienced and competent personnel. Ensure medically fit personnel only are engaged at
work.
Provide and maintain plant, places and systems of work that are safe and without risk to health and the
environment.
Provide all personnel with adequate information, instruction, training and supervision on the safety aspect of their
work.
Effectively control, co-ordinate and monitor the activities of all personnel on the Project sites including
subcontractors in respects of HSE.
Establish effective communication on HSE matters with all relevant parties involved in the Project works.
Ensure that all work planning takes into account all persons that may be affected by the work.
Ensure fitness testing of all T&Ps/Lifting appliances like cranes, chain pulley blocks etc. are to be certified by
competent person.
Ensure timely provision of resources to facilitate effective implementation of HSE requirements.
Ensure continual improvements in HSE performance
Ensure conservation of resources and reduction of wastage.
Capture the data of all incidents including near misses, process deviation etc. Investigate and analyze the same
to find out the root cause.
Ensure timely implementation of correction, corrective action and preventive action.
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HSE TARGETS
EXPLOSION ZERO
FATALITY ZERO
LOST TIME INJURY ZERO
FIRE ZERO
VEHICLE INCIDENTS ZERO
ENVIRONMENTAL INCIDENTS ZERO
We, at BHEL Power Sector, reaffirm our belief that the Health and Safety of our stakeholders and
conservation of Environment is of utmost importance and takes precedence in all our business decisions.
In pursuit of this belief and commitment, we strive to:
Ensure total compliance with applicable legislation, regulations and other requirements concerning
Occupational Health, Safety and Environment.
Ensure continual improvement in the Occupational Health, Safety and Environment Management
System performance.
Enhance Occupational Health, Safety and Environment awareness amongst employees, customers and
suppliers by proactive communication and training.
Review periodically and improve Occupational Health, Safety and Environment Management System to
ensure its continuing suitability, adequacy and effectiveness in a continuously changing business
environment.
Develop a culture of safety through active leadership and provide appropriate training at all levels to
enable employees to fulfill their Health, Safety and Environmental obligations.
Incorporate appropriate Occupational Health, Safety and Environmental criteria into business decisions
for selection of plant, technology and services as well as appointment of key personnel.
Ensure availability at all times of appropriate resources to fully implement the Occupational Health,
Safety and Environmental policy of the company.
This policy will be communicated to all employees and made available to interested parties.
` Sd/-
After award of work, subcontractors are required to enter into a memorandum of understanding as given below:
Memorandum of Understanding
BHEL, Power Sector Region is committed to Health, Safety and Environment Policy (HSE Policy).
M/s do hereby also commit to comply with the same HSE Policy w h i l e
executing the Contract Number
M/s shall ensure that safe work practices as per the HSE plan. Spirit and
content therein shall be reached to all workers and supervisors for compliance.
In addition to this, M/S shall comply to all applicable statutory and regulatory requirements
which are in force in the place of project and any special requirement specified in the contract document of the
principal customer.
M/s shall co-operate in HSE audits/inspections conducted by BHEL /customer/
third party and ensure to close any non-conformity observed/reported within prescribed time limit.
6.1 DEFINITIONS
6.1.1 INCIDENT
Work- related or natural event(s) in which an injury, or ill health (regardless of severity), damage to property or
fatality occurred, or could have occurred.
An incident where no ill health, injury, damage or other loss occurs, but it had a potential to cause, is referred to as
“Near-Miss”.
The total number of man hours worked by all employees including subcontractors working in the premises. It includes
managerial, supervisory, professional, technical, clerical and other workers including contract labours. Man -hours
worked shall be calculated from the payroll or time clock recorded including overtime. When this is not feasible , the
same shall be estimated by multiplying the total man-days worked for the period covered by the number of hours
worked per day. The total number of workdays for a period is the sum of the number of men at work on each day of
period. If the daily hours vary from department to department separate estimate shall be made for each department
and the result added together.
First aids are not essentially all reportable cases, where the injured person is given medical treatment and discharged
immediately for reporting on duty, without counting any lost time.
Any work injury which renders the injured person unable to perform his regular job or an alternative restricted work
assignment on the next scheduled work day after the day on which the injury occurred.
Medical cases come under non-reportable cases, where owing to illness or other reason the employee was absent
from work and seeks Medical treatment.
Non-Reportable Cases:
An incident, where the injured person is given medical help and discharged for work wit hout counting any lost time.
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Reportable Cases:
In this case the injured person is disable for 48 hours or more and is not able to perform his duty.
Injury Cases:
These are covered under the heading of non-reportable cases. In these cases the incident
caused injury to the person, but he still continues his duty.
Severity rate is the Number of days lost due to Lost Time Injury (LTI) per one Million Man hours worked.
Mathematically, the formula reads as:
Incidence Rate is the Number of LTI per one thousand manpower deployed. Mathematically, the formula reads as:
Number of LTIx1000
Average number of manpower deployed
Deployment: The subcontractor should deploy sufficient safety officers and safety-steward/Safety-supervisor, as per
requirement given above, since initial stage and add more in proportion to the added strength in work force. Any
delay in deployment will attract a penalty of Rs.30,000/- per man month for the delayed period.
2 Safety-Steward/ Safety- Degree or diploma in any discipline with Minimum two years
Supervisor full time diploma in Industrial Safety with
construction safety as one of the
subjects
7.2 RESPONSIBILITIES
Shall sign Memorandum of Understanding (MoU) for compliance to BHEL’s HSE Plan for Site Operations as per
clause 5.0
• Shall engage qualified safety officer(s) and steward (s) as per clause 7.0
• Shall adhere to the rules and regulations mentioned in this code, practice very strictly in his area of work in
consultation with his concerned engineer and the safety coordinator.
• Shall screen all workmen for health and competence requirement before engaging for the job and periodically
thereafter as required.
• Shall not engage any employee below 18 years.
• Shall arrange for all necessary PPEs like safety helmets, belts, full body harness, shoes, face shield, hand
gloves etc. before starting the job. Shall ensure that no working men/women carry excessive weight more than
stipulated in Factory Rule Regulation R57.
• Shall ensure that all T&Ps engaged are tested for fitness and have valid certificates from competent person.
• Shall ensure that provisions stipulated in contract Labour Regulation Act 1970, Chapter V C.9, canteen, rest
rooms/washing facilities to contracted employees at site.
• Shall adhere to the instructions laid down in Operation Control Procedures (OCPs) available with the site
management.
• Shall ensure that person working above 2.0 meter should use Safety Harness tied to a life line/stable structure.
• Shall ensure that materials are not thrown from height. Cautions to be exercised to prevent fall of material from
height.
• Shall report all incidents (Fatal/Major/Minor/Near Miss) to the Site engineer /HSE officer of BHEL.
• Shall ensure that Horseplay is strictly forbidden.
• Shall ensure that adequate illumination is arranged during night work.
• Shall ensure that all personnel working under subcontractor are working safely and do not create any Hazard to
self and to others.
• Shall ensure display of adequate signage/posters on HSE.
• Shall ensure that mobile phone is not used by workers while working.
• Shall ensure conductance of HSE audit, mockdrill, medical camps, induction training and training on HSE at site.
• Shall ensure full co-operation during HQ/External /Customer HSE audits.
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Shall ensure submission of look-ahead plan for procurement of HSE equipment’s and PPEs as per work
schedule.
• Shall ensure good housekeeping.
• Shall ensure adequate valid fire extinguishers are provided at the work site.
• Shall ensure availability of sufficient number of toilets /restrooms and adequate drinking water at work site and
labour colony.
• Shall ensure adequate emergency preparedness.
• Shall be member of site HSE committee and attend all meetings of the committee
• Power source for hand lamps shall be maximum of 24 v.
Temporary fencing should be done for open edges if Hand – railings and Toe-guards are not available.
• Carry out safety inspection of Work Area, Work Method, Men, Machine & Material, P&M and other tools and
tackles.
• Facilitate inclusion of safety elements into Work Method Statement.
• Highlight the requirements of safety through Tool-box / other meetings.
• Help concerned HOS to prepare Job Specific instructions for critical jobs.
• Conduct investigation of all incident/dangerous occurrences & recommend appropriate safety measures.
• Advice & co-ordinate for implementation of HSE permit systems, OCPs & MPs.
• Convene HSE meeting & minute the proceeding for circulation & follow-up action.
• Plan procurement of PPE & Safety devices and inspect their healthiness.
• Report to PS Region/HQ on all matters pertaining to status of safety and promotional program at site level.
• Facilitate administration of First Aid
• Facilitate screening of workmen and safety induction.
• Conduct fire Drill and facilitate emergency preparedness
• Design campaigns, competitions & other special emphasis programs to promote safety in the workplace.
Apprise PS– Region on safety related problems.
• Notify site personnel non-conformance to safety norms observed during site visits / site inspections.
• Recommend to Site In charge, immediate discontinuance of work until rectification, of such situations warranting
immediate action in view of imminent danger to life or property or environment.
• To decline acceptance of such PPE / safety equipment that do not conform to specified requirements.
• Encourage raising Near Miss Report on safety along with, improvement initiatives on safety.
• Shall work as interface between various agencies such customer, package-in-charges, subcontractors on HSE
matters
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Monthly planning and review of HSE activities shall be carried out by subcontractor as per format No. HSEP:14-F30
jointly along with BHEL.
As a measure to ensure that machinery, equipment and tools being mobilized to the construction site are fit for
purpose and are maintained in safe operating condition and complies with legislative and owner requirement,
inspection shall be arranged by in-house competent authority for acceptance as applicable.
The machinery and equipment to be embraced for this purpose shall include but not limited to the following:
o Mobile cranes.
o Side Booms.
o Forklifts.
o Grinding machine.
o Drilling machine.
o Air compressors.
o Welding machine.
o Generator sets.
o Dump Trucks.
o Excavators.
o Dozers
o Grit Blasting Equipment.
o Hand tools.
Subcontractor shall notify the engineer, of his intention to bring on to site any equipment or any container, with
liquid or gaseous fuel or other substance which may create a hazard. The Engineer shall have the right to
prescribe the condition under which such equipment or container may be handled and used during the
performance of the works and the subcontractor shall strictly adhere to such instructions. The Engineer shall
have the right to inspect any construction tool and to forbid its use, if in his opinion it is unsafe. No claim due to
such prohibition will be entertained.
The subcontractor shall arrange induction and regular health check of their employees as per schedule VII of
BOCW rules by a registered medical practitioner.
The subcontractor shall take special care of the employees affected with occupational diseases under rule 230
and schedule II of BOCW Rules. The employees not meeting the fitness requirement should not be engaged for
such job.
Ensure that the regulatory requirements of excessive weight limit (to carry/lift/ move weights beyond prescribed
limits) for male and female workers are complied with.
Appropriate accommodation to be arranged for all workmen in hygienic condition.
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Personnel Protective Equipment (PPEs), in adequate numbers, will be made available at site & their regular use
by all concerned will be ensured
The following matrix recommends usage of minimum PPEs against the respective job.
The PPEs shall conform to the relevant standards as below and bear ISI mark.
Where workers are employed in sewers and manholes, which are in use, the subcontractor shall ensure that the
manhole covers are opened and ventilated at least for an hour before the workers are allowed to get into
manhole, and the manholes so opened shall be cordoned off with suitable railing and provided with warning
signals or boards to prevent incident to the public
Besides the PPEs mentioned above, the persons shall use helmet and safety shoe. The visitors shall use Helmet
and any other PPEs as deemed appropriate for the area of work.
All the PPEs shall be checked for its quality before issue and the same shall be periodically checked. The users shall
be advised to check the PPEs themselves for any defect before putting on. The defective ones shall be repaired/
replaced.
The issuing agency shall maintain register for issue and receipt of PPEs.
The Helmets shall have logo or name (abbreviation of agency name permitted) affixed or printed on the front.
The body harnesses shall be serial numbered.
Drinking water shall be provided and maintained at suitable places at different elevations.
Container should be labeled as “ Drinking Water”
Cleaning of the storage tank shall be ensured atleast once in 3 months indicating date of cleaning and next due
date.
Potability of water should be tested as per IS10500 at least once in a year.
In every workplace, adequate and suitable facilities for washing shall be provided and maintained.
Separate and adequate cleaning facilities shall be provided for the use of male and female workers. Such
facilities shall be conveniently accessible and shall be kept in clean and hygienic condition and dully illuminated
for night use.
Overalls shall be supplied by the subcontractor to the workmen and adequate facilities shall be provided to
enable the painters and other workers to wash during the cessation of work.
Proper Shed & Shelter shall be provided for rest during break
8.4.5.1 MEDICAL CENTRE (As per Schedule V, X and XI of BOCW central Rules, 1998)
A medical centre shall be ensured/identified at site with basic facilities for handling medical emergencies. The
medical center can be jointly developed on proportionate sharing basis with permission from BHEL
A qualified medical professional, not less than MBBS, shall be deployed at the medical centre
The medical centre shall be equipped with one ambulance, with trained driver and oxygen cylinder.
Medical waste shall be disposed as per prevailing legislation (Bio-Medical Waste –Management and Handling
Rules, 1998)
The subcontractor shall provide necessary first aid facilities as per schedule III of BOCW. At every work place
first aid facilities shall be provided and maintained.
The first aid box shall be kept by first aider who shall always be readily available during the working hours of the
work place. His name and contact no to be displayed on the box.
The first aid boxes should be placed at various elevations so as to make them available within the reach and at
the quickest possible time.
The first aid box shall be distinctly marked with a Green Cross on white background.
Details of contents of first aid box is given in Annexure No. 01
Monthly inspection of First Aid Box shall be carried out by the owner as per format no. HSEP:14-F01
The subcontractor should conduct periodical first –aid classes to keep his supervisor and Engineers properly
trained for attending to any emergency.
8.4.5.4 HEALTH CHECK UP (As per schedule VII and Form XI)
The persons engaged at the site shall undergo health checkup as per the format no.
HSEP:14-F02 before induction. The persons engaged in the following works shall undergo health checkup at least
once in a year:
a. Height workers
b. Drivers/crane operators/riggers
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Canteen facilities shall be provided for the workmen of the project inside the project site.
Proper cleaning and hygienic condition shall be maintained.
Proper care should be taken to prevent biological contamination.
Adequate drinking water should be available at canteen.
Fire extinguisher shall be provided inside canteen.
Regular health check-up and medication to the canteen workers shall be ensured.
The subcontractor shall arrange for the accommodation of workmen at nearby localities or by making a labour
colony.
Regular housekeeping of the labour colony shall be ensured.
Proper sanitation and hygienic conditions to be maintained.
Drinking water and electricity to be provided at the labour colony.
Bathing/ washing bay
Room ventilation and electrification.
Dedicated emergency vehicle shall be made available at workplace by each subcontractor to handle any
emergency
Regular pest control should be carried out at all offices, mainly laboratories, canteen, labour colony and stores.
8.4.10 SCRAPYARD
In consultation with customer, scrapyard shall be developed to store metal scrap, wooden scrap, waste,
hazardous waste.
Scrap/Waste shall be segregated as Bio-degradable and non-bio-degradable and stored separately.
8.4.11 ILLUMINATION
The subcontractor shall arrange at his cost adequate lighting facilities e.g. flood lighting, hand lamps, area
lighting etc. at various levels for safe and proper working operations at dark places and during night hours at
the work spot as well as at the pre-assembly area.
Adequate and suitable light shall be provided at all work places & their approaches including passage ways as per
IS: 3646 (Part-II). Some recommended values are given below:
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B. Office
Lamp (hand held) shall not be powered by mains supply but either by 24V or dry cells.
Lamps shall be protected by suitable guards where necessary to prevent danger, in case of breakage of lamp.
Emergency lighting provision for night work shall be made to minimise danger in case of main supply failure.
If the subcontractor fails to take appropriate safety precautions or to provide necessary safety devices and equipment or to
carry out instructions issued by the authorized BHEL official, BHEL shall have the right to take corrective steps at the risk and
cost of the subcontractor
All persons entering into project site shall be given HSE induction training by the HSE officer of BHEL /subcontractor
before being assigned to work.
In-house induction training subjects shall include but not limited to:
Briefing of the Project details.
Safety objectives and targets.
Site HSE rules.
Site HSE hazards and aspects.
First aid facility.
Emergency Contact No.
Incident reporting.
Fire prevention and emergency response.
Rules to be followed in the labour colony (if applicable)
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Proper safety wear & gear must be issued to all the workers being registered for the induction (i.e.,
Shoes/Helmets/Goggles/Leg guard/Apron etc.)
They must arrive fully dressed in safety wear & gear to attend the induction.
Any one failing to conform to this safety wear& gear requirement shall not qualify to attend.
On completing attending subcontractor’s in-house HSE induction, each employee shall sign an induction training
form (format no. HSEP:14-F03) to declare that he had understood the content and shall abide to follow and
comply with safe work practices. They may only then be qualified to be issued with a personal I.D. card, for
access to the work site.
HSE tool Box talk shall be conducted by frontline foreman/supervisor of subcontractor to specific work groups
prior to the start of work. The agenda shall consist of the followings:
Other HSE training shall be arranged by BHEL/ subcontractor as per the need of the project execution and
recommendation of HSE committee of site.
The topics of the HSE training shall be as follows but not limited to:
o Hazards identification and risk analysis (HIRA)
o Work Permit System
o Incident investigation and reporting
o Fire fighting
o First aid
o Fire-warden training
o EMS and OHSMS
o T & Ps fitness and operation
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o Electrical safety
o Welding, NDE & Radiological safety
o Storage, preservation & material handling.
A matrix shall be maintained to keep an up-to-date record of attendance of training sessions carried out.
Site shall arrange appropriate posters, banners, slogans in local/Hindi/English languages at work place
Appropriate HSE signage shall be displayed at the work area to aware workmen and passersby about the work
going on and do’s and don’ts to be followed
Site will arrange different competition (slogan, poster, essay etc.) on HSE time to time (Safety day, BHEL day, World
Environment Day etc.) and winners will be suitably awarded.
The subcontractor shall submit report of all incidents, fires and property damage etc to the Engineer immediately
after such occurrence, but in any case not later than 24 hours of the occurrence. Such reports shall be furnished
in the manner prescribed by BHEL. ( Refer HSE procedure for incident investigation, analysis and reporting for
details)
In addition, periodic reports on safety shall also be submitted by the subcontractor to BHEL from time to time as
prescribed by the Engineer. Compiled monthly reports of all kinds of incidents, fire and property damage to be
submitted to BHEL safety officer as per prescribed formats.
HSE incidents of site shall be reported to BHEL site Management as per Procedure for Incident Investigation
and Reporting in format no. HSEP:14-F15. Corrective action shall be immediately implemented at the work place
and compliance shall be verified by BHEL HSE officer and until then, work shall be put on hold by Construction
Manager.
Important HSE events like HSE training, Medical camp etc. organized at site shall be reported to BHEL site
management in detail with photographs for publication in different in-house magazines
Celebration of important days like National Safety Day, World Environment Day etc. shall also be reported as
mentioned above.
Daily HSE activities shall be reported by subcontractor to BHEL as per Format No. HSEP:14-F31A
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All applicable OCPs (Operational control procedures) will be followed by subcontractor as per BHEL instructions. This will
be done as part of normal scope of work. List of such OCPs is given below. In case any other OCP is found to be
applicable during the execution of work at site, then subcontractor will follow this as well, within quoted rate. These OCPs
(applicable ones) will be made available to subcontractor during work execution at site. However for reference purpose,
these are kept with Safety Officer of BHEL at the Power Sector Regional HQ, or available in downloadable format in the
website, which may be refereed by subcontractor, if they so desire.
LIST OF OCPs
Safe handling of chemicals Safety in use of cranes Hydraulic test
Electrical safety Storage and handling of gas cylinders Spray insulation
Energy conservation Manual arc welding Trial run of rotary equipment
Safe welding and gas cutting
Safe use of helmets Stress relieving
operation
Fire safety Good house keeping Material preservation
Safety in use of hand tools Working at height Cable laying/tray work
First aid Safe excavation Transformer charging
Food safety at canteen Safe filling of hydrogen in cylinder Electrical maintenance
Illumination Vehicle maintenance Safe handling of battery system
Handling and erection of heavy
Safe radiography Computer operation
metals
Safe acid cleaning Waste disposal Storage in open yard
Safe alkali boil out Working at night For sanitary maintenance
Safe oil flushing Blasting Batching
Steam blowing DG set Piling rig operation
Safe working in confined area Handling & storage of mineral wool Gas distribution test
Safe operation of passenger lift,
Drilling, reaming and grinding(machining) Cleaning of hotwell / deaerator
material hoists & cages
Electro-resistance heating Compressor operation O&M of control of AC plant & system
Air compressor Passivation Safe Loading of Unit
Safe EDTA Cleaning Safe Chemical cleaning of Pre boiler
Safe Boiler Light up
system
Safe Rolling and Synchronization
HSE activities shall be conducted at site based on the HSEMSM developed by Power Sector and issued to site by
Regions.
While planning for any activity the following documents shall be referred for infrastructural requirements to establish
control measures:
Respective OCPS are to be followed and adherence to the same would be contractually binding
All safety precautions shall be taken for welding and cutting operations as per IS-818. All safety precautions shall be taken for
foundation and other excavation marks as per IS-3764.
11.3.2 RIGGING
Rigging equipment shall not be loaded in excess of its recommended safe working load. Rigging equipment, when not in use, shall
be removed from the original work area so as not to present a hazard to employees.
All gas cylinders shall be stored in upright position. Suitable trolley shall be used. There shall be flash-back arrestors conforming to
IS-11006 at both cylinder and burner ends. Damaged tube and regulators must be immediately replaced. No of cylinders shall not
exceed the specified quantity as per OCP
Cylinders shall be moved by tilting and rolling them on their bottom edges. They shall not be intentionally dragged, struck o r
permitted to strike each other violently.
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When cylinders are transported by powered vehicle they shall be secured in a vertical position.
Before any demolition work is commenced and also during the process of the work the following shall be ensured:
All roads and open areas adjacent to the work site shall either be closed or suitably protected.
No electric cable or apparatus which is liable to be a source of danger nor a cable or an apparatus used by the
operator shall remain electrically charged.
All practical steps shall be taken to prevent danger to persons employed from the risks of fire or explosion or
flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render them
unsafe.
11.3.5 T&Ps
All T&Ps/ MMEs should be of reputed brand/appropriate quality & must have valid test/calibration certificates bearing endorsement
from competent authority of BHEL..Subcontractor to also submit monthly reports of T&Ps deployed and validity test certificates to
BHEL safety Officer as per the format/procedure of BHEL.
Displaying safe handling procedures for all chemicals such as lube oil, acid, alkali, sealing compounds etc , at work place.Where
it is necessary to provide and/or store petroleum products or petroleum mixture & explosives, the subcontractor shall be
responsible for carrying out such provision / storage in accordance with the rules & regulations laid down in the relevant petroleum
act, explosive act and petroleum and carbide of calcium manual, published by the chief inspector of explosives of India. All such
storage shall have prior approval if necessary from the chief inspector of explosives or any other statutory authori ty. The
subcontractor shall be responsible for obtaining the same.
Providing adequate no. of 24 V sources and ensure that no hand lamps are operating at voltage level above 24 Volts.
High/ Low pressure welders to be identified with separate colour clothings. No welders will be deployed without
passing appropriate tests and holding valid welding certificates. Approved welding procedure should be displayed at
work place.
The subcontractor shall not use any hand lamp energized by Electric power with supply voltage of more than 24 volts in
confined spaces like inside water boxes, turbine casings, condensers etc.
All portable electric tools used by the subcontractor shall have safe plugging system to source of power and be
appropriately earthed. Only electricians licensed by appropriate statutory authority shall be employed by the
subcontractor to carry out all types of electrical works. Details of earth resource ad t heir test date to be given to BHEL
safety officer as per the prescribed formats of BHEL
The subcontractor shall use only properly insulated and armored cables which conform to the requirement of Indian
Electricity Act and Rules for all wiring, electrical applications at site.
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BHEL reserves the right to replace any unsafe electrical installations, wiring, cabling etc. at the cost of the subcontractor.
All electrical appliances used in the work shall be in good working condition and shall be properly earthed.
No maintenance work shall be carried out on live equipment.
The subcontractor shall maintain adequate number of qualified electricians to maintain his temporary electrical
installations.
Area wise Electrical safety inspection is to be carried out on monthly basis as per “Electrical Safety Inspection checklist’
and the report is to be submitted to BHEL safety officer
Adequate precautions shall be taken to prevent danger for electrical equipment. No materials on any of the sites of work
shall be so stacked or placed as to cause danger or inconvenience to any person or the public
The subcontractor shall carefully follow the safety requirement of BHEL/ the purchaser with the regard to voltages
used in critical areas.
Providing appropriate fire fighting equipment at designated work place and nominate a fire officer/warden adequately
trained for his job.
Subcontractor shall provide enough fire protecting equipment of the types and numbers at his office, stores, temporary
structure in labor colony etc. Such fire protection equipment shall be easy and kept open at all times.
The fire extinguishers shall be properly refilled and kept ready which should be certified at periodic intervals. The date of
changing should be marked on the Cylinders.
All other fire safety measures as laid down in the “codes for fire safety at construction site” issued by safety coordinator of
BHEL shall be followed.
Non-compliance of the above requirement under fire protection shall in no way relieve the subcontractor of any of his
responsibility and liabilities to fire incident occurring either to his materials or equipment or those of others.
Emergency contacts nos must be displayed at prominent locations
Tarpaulin being inflammable should not be used (instead, only non-infusible covering materials shall be used) as
protective cover while preheating, welding, stress relieving etc. at site.
11.3.9 SCAFFOLDING
Suitable scaffolds shall be provided for workman for all works that cannot safely be done from the ground, or from solid
construction except in the case of short duration of work which can be done safely from ladders.
When a ladder is used, it shall be of rigid construction made of steel. The steps shall have a minimum width of 45 cm and
a maximum rise of 30 cm. Suitable handholds of good quality wood or steel shall be provided and the ladder shall be
given an inclination not steeper then ¼ horizontal and 1 vertical.
Scaffolding or staging more than 3.6 m above the ground floor, swung or suspended from an overhead support or
erected with stationery support shall have a guard rail properly bolted, braced or otherwise secured, at least 90 cm above
the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof
with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so
fastened as to prevent it from saver, from swaying, from the building or structure.
Guardrails and toe-board/barricades and sound platform conforming to IS:4912-1978 should be provided.
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Wherever necessary, life-line (pp or metallic) and fall arrestor along with Polyamide rope or Retractable lifeline should be
provided.
Safety Net as per IS:11057:1984 should be used extensively for prevention/ arrest of men and materials falling from
height. The safety nets shall be fire resistant, duly tested and shall be of ISI marked and the nets shall be located as per
site requirements to arrest or to reduce the consequences of a possible fall of persons working at different heights.
Reaching beyond barricaded area without lifeline support, moving with support of bracings, walking on beams without
support, jumping from one level to another, throwing objects and taking shortcut must be discouraged.
Use of Rebar steel for making Jhoola and monkey-ladder (Rods welded to vertical or inclined structural members),
temporary platform etc. must be avoided.
Monkey Ladder should be properly made and fitted with cages.
Jhoola should be made with angles and flats and tested like any lifting tools before use.
Lanyard must be anchored always and in case of double lanyard, each should be anchored separately.
In case of pipe-rack, persons should not walk on pipes and walk on platforms only.
In case of roof work, walking ladder/ platform should be provided along with lifeline and/ or fall arrestor.
Empty drums must not be used.
For chimney or structure painting, both hanging platform and men should be anchored separately to a firm structure
along with separate fall arrestor. Rope ladder should be discouraged.
Working platforms, gangways and stairways shall be so constructed that they do not sag unduly or unequally and if the
height of the platform gangways provided is more than 3.6 m above ground level or floor level, they shall be closely
boarded and shall have adequate width which shall not be less than 750 mm and be suitably fenced as described above.
Every opening in the floor or a building or in a working platform shall be provided with suitable means to prevent the fall of
persons or materials by providing suitable fencing or railing whose minimum height shall be 90 cm.
11.3.12 EXCAVATION
Wherever there are open excavation in ground, they shall be fenced off by suitable railing and danger signals installed at
night so as to prevent persons slipping into the excavations.
It will be the responsibility of the subcontractor to ensure safe lifting of the equipment, taking due precaution to avoid
any incident and damage to other equipment and personnel.
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All requisite tests and inspection of handling equipment, tools & tackle shall be periodically done by the subcontractor
by engaging only the Competent Persons as per law.
Defective equipment or uncertified shall be removed from service.
Any equipment shall not be loaded in excess of its recommended safe working load.
Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with
efficient safe guards.
Hoisting appliance should be provided with such means as will reduce to the minimum the risk of any part of a suspended
load becoming incidentally displaced.
When workers employed on electrical installations which are already energized, insulating mats, wearing apparel, such
as gloves, sleeves and boots as may be necessary should be provided.
The worker should not wear any rings, watches and carry keys or other materials which are good conductor of electricity.
Environment protection has always been given prime importance by BHEL. Environmental damage is a major
concern of the principal subcontractor and every effort shall be made, to have effective control measures in place to
avoid pollution of Air, Water and Land and associated life. Chlorofluorocarbons such as carbon tetrachlori de and
trichloroethylene shall not be used. Waste disposal shall be done in accordance with the guidelines laid down in the
project specification.
Any chemical including solvents and paints, required for construction shall be stored in designated bonded areas
around the site as per Material Safety Data Sheet (MSDS).
In the event of any spillage, the principle is to recover as much material as possible before it enters drainage system
and to take all possible action to prevent spilled materials from running off the site. The subcontractor shall use
appropriate MSDS for clean-up technique
All subcontractors shall be responsible for the cleanliness of their own areas.
The subcontractors shall ensure that noise levels generated by plant or machinery ar e as low as reasonably
practicable. Where the subcontractor anticipates the generation of excessive noise levels from his operations the
subcontractor shall inform to Construction Manager of BHEL accordingly so that reasonable &practicable precautions
can be taken to protect other persons who may be affected.
It is imperative on the part of the subcontractor to join and effectively contribute in joint measures such as tree
plantation, environment protection, contributing towards social upliftment, conversio n of packing woods to school
furniture, keeping good relation with local populace etc.
The subcontractor shall carry out periodic air and water quality check and illumination level checking in his area of
work place and take suitable control measure.
11.5 HOUSEKEEPING
Keeping the work area clean/ free from debris, removed scaffoldings, scraps, insulation/sheeting wastage /cut pieces,
temporary structures, packing woods etc. will be in the scope of the subcontractor. Such cleanings has to be done by
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subcontractor within quoted rate, on daily basis by an identified group. If such activity is not carried out by
subcontractor / BHEL is not satisfied, then BHEL may get it done by other agency and actual cost along with BHEL
overheads will be deducted from contractor's bill. Such decisions of BHEL shall be binding on the subcontractor
Proper housekeeping to be maintained at work place and the following are to be taken care of on daily basis.
All surplus earth and debris are removed/disposed off from the working areas to identified locations.
Unused/Surplus cables, steel items and steel scrap lying scattered at different places/elevation within the working
areas are removed to identified locations.
All wooden scrap, empty wooden cable drums and other combustible packing materials, shall be removed from
workplace to identified locations. Sufficient waste bins shall be provided at
Different work places for easy collection of scrap/waste. Scrap chute shall be installed to remo ve scrap from high
location.
Access and egress (stair case, gangways, ladders etc.) path should be free from all scrap and other hindrances.
Workmen shall be educated through tool box talk about the importance of housekeeping and encourage not to litter.
Labour camp area shall be kept clear and materials like pipes, steel, sand, concrete, chips and bricks, etc. shall not
be allowed in the camp to obstruct free movement of men and machineries.
Fabricated steel structures, pipes & piping materials shall be stacked properly.
No parking of trucks/trolleys, cranes and trailers etc. shall be allowed in the camp, which may obstruct the traffic
movement as well as below LT/HT power line.
Utmost care shall be taken to ensure over all cleanliness and proper upkeep of the working areas
Take suitable measures for waste management and environment related laws/legislation as a part of normal
construction activities. Compliance with the legal requirements on storage/ disposal of paint drums (including the
empty ones), Lubricant containers, Chemical Containers, and transportation and storage of hazardous chemicals will
be strictly maintained.
11.6.3 SEGREGATION
11.6.4 DISPOSAL
Traffic routes in a work place shall be suitable for the persons or vehicles using them. This shall be sufficient in
number and of sufficient size. This shall reflect the suitability of traffic routes for vehicles and pedestrians.
Where vehicles and pedestrians use the same traffic routes there shall be sufficient space between them. Where
necessary all traffic routes must be suitably indicated. Pedestrians or vehicles must be able to use traffic routes
without endangering those at work. There must be sufficient separation of traffic routes from doors, gates and
pedestrian traffic routes.
For internal traffic, lines marked on roads / access routes and between buildings shall clearly indicate where
vehicles are to pass.
Temporary obstacles shall be brought to the attention of drivers by warning signs or hazard cones.
Speed limits shall be clearly displayed. Speed ramps preceded by a warning signs or marker are necessary.
The traffic route should be wide enough to allow vehicles to pass and re-pass oncoming or parked traffic and it
may be advisable to introduce on-way system or parking restrictions.
Safest route shall be provided between places where vehicles have to call or deliver.
Avoid vulnerable areas/items such as fuel or chemicals tanks or pipes, open or unprotected edges and
structures likely to collapse
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Where traffic routes are used by both pedestrians and vehicles road shall be wide enough to allow vehicles and
pedestrians safely.
Separate routes shall be provided for pedestrians to keep them away from vehicles. Provide suitable
barriers/guard at entrances/exit and the corners or buildings.
Where pedestrian and vehicle routes cross, appropriate crossing shall be provided.
Where crowd is likely to use roadway e.g. at the end of shift, stop vehicles from using them at such times.
Provide high visibility clothing for people permitted in delivery area.
Work vehicle shall be as safe stable efficient and roadworthy as private vehicles on public roads. Site management
shall ensure that drivers are suitably trained. All vehicle e.g. heavy motor vehicle forklift trucks dump trucks mobile
cranes shall ensure that the work equipment conforms to the following:
o A high level of stability.
o A safe means of access/egress.
o Suitable and effective service and parking brakes.
o Windscreens with wipers and external mirrors giving optimum all round visibility.
o Provision of horn, vehicle lights, reflectors, reversing lights, reversing alarms.
o Provision of seat belts.
o Guards on dangerous parts.
o Driver protection - to prevent injury from overturning and from falling objects/materials.
o Driver protection from adverse weather.
o No vehicle shall be parked below HT/LT power lines.
o Valid Pollution Under Control certification for all vehicles
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There should also be daily safety checks containing below mentioned points by the driver before the vehicle is
used.
o Brakes.
o Tires.
o Steering.
o Mirrors.
o Windscreen waters.
o Wipers.
o Warning signals.
o Specific safety system i.e. control interlocks
Management should ensure that drivers carry out these checks.
All drivers shall hold a valid driving License for the class of vehicle to be driven and be registered as an
authorized BHEL driver with the Administration Department.
Securing of the load shall be by established and approved methods, i.e. chains with patented tightening
equipment for steel/heavy loads. Sharp corners on loads shall be avoided when employing ropes for securing.
All overhangs shall be made clearly visible and restricted to acceptable limits
Load shall be checked before moving off and after traveling a suitable distance.
On no account is construction site to be blocked by parked vehicles Drivers of vehicles shall only stop or park in
the areas designate by the stringing foreman.
Warning signs shall be displayed during transportation of material.
All vehicles used by BHEL shall be in worthy condition and in conformance to the Land Transport requirement.
11.7.6 MAINTENANCE
All Vehicles used for transportation of man and material shall undergo scheduled inspections on frequent intervals to
secure safe operation. Such inspections shall be conducted in particular for steering, brakes, lights, horn, doors etc.
Site management shall ensure that work equipment is maintained in an efficient, working order and in good repair.
Inspections and services carried out at regular intervals of time and or mileage. No maintenance shall be carried
below HT/LT power lines.
Emergency preparedness and response capability of site shall be developed as per Emergency Preparedness
and Response plan issued by Regional HQ
Availability of adequate number of first aiders and fire warden shall be ensured with BHEL and its subcontractors
All the subcontractor’s supervisory personnel and sufficient number of workers shall be trained for fire protection
systems. Enough number of such trained personnel must be available during the tenure of contract.
Subcontractor should nominate his supervisor to coordinate and implement the safety measures.
Assembly point shall be earmarked and access to the same from different location shall be shown
Fire exit shall be identified and pathway shall be clear for emergency escape.
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Appropriate type and number of fire extinguisher shall be deployed as per Fire extinguisher deployment plan and
validity shall be ensured periodically through inspection
Adequate number of first aid boxes shall be strategically placed at different work places to cater emergency
need. Holder of the first aid box shall be identified on the box itself who will have the responsibility to maintain the
same.
First aid center shall be developed at site with trained medical personnel and ambulance
Emergency contact numbers (format given in EPRP) of the site shall be displayed at prominent locations.
Tie up with fire brigade shall be done in case customer is not having fire station.
Tie up with hospital shall be done in case customer is not having hospital.
Disaster Management group shall be formed at site
Mock drill shall be arranged at regular intervals. Monthly report of the above to be given to BHEL safety Officer
as per prescribed BHEL formats
Mock drill shall be conducted on different emergencies periodically to find out gaps in emergency preparedness
and taking necessary corrective action
Inspection on HSE for different activities being carried out at site shall be done to ensure compliance to HSEMS
requirements. The subcontractor shall maintain and ensure necessary safety measures as required for inspection
and tests HV test, Pneumatic test, Hydraulic test, Spring test, Bend test etc. as applicable, to enable inspection
agency for performing Inspection. If any test equipment is found not complying with proper safety requirements then
the Inspection Agency may withhold inspection, till such time the desired safety requirements are met.
Both the Site Supervisors and safety officer of Subcontractor are to conduct daily site Safety inspection around work
activities and premises to ensure that work methods and the sites are maintained to an acceptable standard. The
following are to form the common subjects of a daily safety inspection:
The inspection should be carried out just when work starts in beginning of the day, during peak activities period of the
day and just before the day’s work ends.
PPEs shall be inspected by HSE officer at random once in a week as per format no. HSEP:14-F06 for its
compliance to standard and compliance to use and any adverse observation shall be recorded in the PPE
register.
The applicable PPEs for carrying out particular activities are listed below.
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Cranes and winches shall be inspected by the operator through a daily checklist for its safe condition (as
provided by the equipment manufacturer) before first use of the day.
Cranes and Winches shall be inspected by HSE officer once in a month as per format no. HSEP:14-F09 for
healthiness, maintenance and validity of third party inspection.
The date of third party inspection and next due date shall be painted on cranes and winches.
The operators/drivers shall be authorized by sub-contractor based on their competency and experience and shall
carry the I-card.
The operator should be above 18 years of age and should be in possession of driving license of HMV man &
goods), vision test certificate and should have minimum qualification so that he can read the instructions and
check list.
Inspection on height working shall be conducted daily by supervisors before start of work to ensure safe working
condition including provision of
o Fall arrestor
o Lifelines
o Safety nets
o Fencing and barricading
o Warning signage
o Covering of opening
o Proper scaffolding with access and egress.
o Illumination
Inspection on height working shall be conducted once in a week by HSE officer as per format no. HSEP:14-F10.
Medical fitness of height worker shall be ensured.
Height working shall not be allowed during adverse weather.
Supervisor shall ensure that no flammable items are available in near vicinity during welding and gas cutting
activity.
Gas cylinders shall be kept upright.
Use of Flash back arrestor shall be ensured at both ends.
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Inspection during welding and gas cutting operations shall be carried out by HSE officer once a month as per
format no. HSEP:14-F11.
Use of fire blanket to be ensured to avoid falling of splatters during welding or gas cutting operation at height.
Availability of fire extinguisher at vicinity shall be ensured.
Elevators shall be inspected by concerned supervisors once in a week as per format no. HSEP:14-F13.
All elevators shall be inspected by competent person and validity shall be ensured.
The date of third party inspection and next due date shall be painted on elevator.
Contractor shall be assessed on monthly basis for HSE Compliance by BHEL Safety In-charge at site.
The HSE compliance shall be based on Online HSE Evaluation System of BHEL as per Format No. HSEP:14-
F33.
BHEL shall reserve the right to use this assessment for evaluating bidder’s capacity for future tenders
Suitable HSE reward system shall be developed at site level to promote HSE compliance amongst workmen
by the subcontractor.
To decide HSE reward, performance towards HSE shall be evaluated for workmen and it shall be awarded
regularly in public gathering.
If safety record of the subcontractor in execution of the awarded job is to the satisfaction of safety department of
BHEL, issue of an appropriate certificate to recognize the safety performance of the subcontractor may be
considered by BHEL after completion of the job.
HEALTH, SAFETY AND ENVIRONMENT Doc no.: HSEP: 14
PLAN FOR
SITE OPERATION by SUBCONTRACTORS REV: 01
Date: 20.01.2020
POWER SECTOR
Page: 32 of 43
As per contractual provision HSE penalties shall be imposed on subcontractors for non - compliance on HSE
requirement as per format no. HSEP:14-F14. The list in the format is only indicative. For any other violation, not
listed in the format, the minimum penalty amount is to be decided as per BOCW act.
If principal customer/statutory and regulatory bodies impose some penalty on HSE due to the non-compliance of
the subcontractor the same shall be passed on to them.
The penalty amount shall be recovered by Site Finance department from subcontractors from the RA/Final bill.
In case of any delay in completion of a job due to mishaps attributable to lapses by the subcontractor, BHEL
shall have the right to recover cost of such delay from the payments due to the subcontractor, after notifying the
subcontractor suitably.
If the subcontractor fails to improve the standards of safety in its operation to the satisfaction of BHEL after being
given reasonable opportunity to do so and/or if the subcontractor fails to take appropriate safety precautions or to
provide necessary safety devices and equipment or to carry out instruction regarding safety issued by BHEL,
BHEL shall have the right to take corrective steps at the risk and cost of the subcontractor after giving a notice of
not less than 7 days indicating the steps that would be taken by BHEL.
If the subcontractor succeeds in carrying out its job in time without any fatal or disabling injury incident and
without any damage to property BHEL may, at its sole discretion, favorably consider to reward the subcontractor
suitably for the performance.
In case of any damage to property due to lapses by the subcontractor, BHEL shall have the right to recover the
cost of such damages from the subcontractor after holding an appropriate enquiry.
The subcontractor shall take all measures at the sites of the work to protect all persons from incidents and shall
be bound to bear the expenses of defense of every suit, action or other proceedi ng of law that may be brought
by any persons for injury sustained or death owing to neglect of the above precautions and to pay any such
persons such compensation or which may with the consent of the subcontractor be paid to compromise any
claim by any such person, should such claim proceeding be filed against BHEL, the subcontractor hereby
agrees to indemnify BHEL against the same.
The subcontractor shall not employ men below the age of 18 years and women on the work of painting with
products containing lead in any form. Wherever men above the age of 18 are employed on the work of lead
painting, overalls shall be supplied by the subcontractor to the workmen and adequate facilities shall be
provided to enable the working painters to wash during the cessation of work.
The subcontractor shall notify BHEL of his intention to bring to site any equipment or material which may create
hazard.
BHEL shall have the right to prescribe the conditions under which such equipment or materials may be handled
and the subcontractor shall adhere to such instructions.
HEALTH, SAFETY AND ENVIRONMENT Doc no.: HSEP: 14
PLAN FOR
SITE OPERATION by SUBCONTRACTORS REV: 01
Date: 20.01.2020
POWER SECTOR
Page: 33 of 43
BHEL may prohibit the use of any construction machinery, which according to the organization is unsafe. No
claim for compensation due to such prohibition will be entertained by BHEL.
NONCONFORMITY OF SAFETY RULES AND SAFETY APPLIANCES WILL BE VIEWED SERIOUSLY AND BHEL HAS RIGHT
TO IMPOSE FINES ON THE SUBCONTRACTOR AS UNDER FOR EVERY INSTANCE OF VIOLATION NOTICED:
Fine
SN Violation of Safety Norms
(in Rs)
01 Not Wearing Safety Helmet 200/- *
02. Not wearing Safety Belt or not anchoring life line 500/-*
03 Not wearing safety shoe 200/-*
04 Not keeping gas cylinders vertically 200/-
05 Not using flash back arrestors 100/-
06 Not wearing gloves 50/- *
07. Grinding Without Goggles 50/- *
08. Not using 24 V Supply For Internal Work 500/-
09. Electrical Plugs Not used for hand Machine 100/-
10. Not Slinging properly 200/-
11. Using Damaged Sling 200/-
12. Lifting Cylinders Without Cage 500/-
13. Not Using Proper Welding Cable With Lot of Joints And Not
200/-
Insulated Property.
14. Not Removing Small Scrap From Platforms 500/-
15. Gas Cutting Without Taking Proper Precaution or Not Using Sheet
500/-
Below Gas Cutting
16. Not Maintaining Electric Winches Which are Operated Dangerously 500/-
17. Improper Earthing Of Electrical T&P 500/-
18 No or improper barricading 500/-
19. Activity carried out without Safety work permit (Height work, Lifting
1000/-
activity, Hot work-each person/case)
20. Incident Resulting in Partial Loss in Earning Capacity 25,000/- per
victim
21. Fatal Incident Resulting in total loss in Earning Capacity 1,00,000/- per
victim for first
instance #
Legend:-
*: per head. For repeated violation by the same person, the penalty would be double of the previous penalty. Date of
“Repeated violation” will be counted from subsequent days.
#: or as deducted by customer, whichever is higher. For repeated fatal incident in the same Unit incremental penalty to
be imposed. The subcontractor will pay 2 times the penalty compared to previously paid in case there are
repeated cases of fatal incidents under the same subcontractor for the same package in the same unit.
Any other non-conformity noticed not listed above will also be fined as deemed fit by BHEL. The decision of BHEL engineer is
final on the above. The amount will be deducted from running bills of the subcontractor. The amount collected above will be
utilized for giving award to the employees who could avoid incident by following safety rules. Also the amount will be spent for
purchasing the safety appliances and supporting the safety activity at site.
HEALTH, SAFETY AND ENVIRONMENT Doc no.: HSEP: 14
PLAN FOR
SITE OPERATION by SUBCONTRACTORS REV: 01
Date: 20.01.2020
POWER SECTOR
Page: 34 of 43
Regular HSE Audit/inspection shall be carried out by Subcontractor as per Site HSE audit calendar.
HSE checklist (Annexure 02) shall be used for carrying out audit/inspection and report shall be submitted to
BHEL site management
All non-conformities and observations on HSE identified during internal or external HSE audit shall be disposed
off by site in a time bound manner and reported back the implementation status
Corrective action and Preventive action on HSE issues raised by certification body issued by Regional HQs shall
be implemented by site and reported to Site management.
Site shall hold HSE review meeting every month to discuss and resolve HSE issues of site and improve HSE
performance. It will also discuss the incidents occurred since previous meeting,its root cause and Corrective
action and Preventive action. The agenda is given below:
o Implementation of earlier MOM
o HSE performance
o HSE inspection
o HSE audit and CAPA
o HSE training
o Health check-up camp
o HSE planning for the erection and commissioning and installation activities in the coming month
o HSE reward and promotional activities
The meeting shall be chaired by Construction Manager, convened by HSE coordinator and attended by all HOS,
Site Incharge of Subcontractors and HSE officer of Subcontractors.
MOM on the discussion will be circulated to the concerned for implementation.
20.0 ANNEXURES
ANNEXURE 01
As per Contract Labour (Regulation & Abolition Act), Central Rules, 1971,
(1) The first-aid box shall be distinctively marked with a Red Cross on a white background and shall contain the
following items, namely:
(a) For establishments in which the number of contract labour employed does not exceed fifty, each first aid
box shall contain the following equipment:
(i) 6 small sterilized dressings
(b) For establishment in which the number of contract labour exceeds fifty each first-aid box shall contain the
following equipment:
(xiv) 4 per cent Xylocaine eye drops, and boric acid eye drops and soda by carbonate eye
drops.
(2) Adequate arrangement shall be made for immediate recoupment of the equipment when necessary.
HEALTH, SAFETY AND ENVIRONMENT Doc no.: HSEP: 14
PLAN FOR
SITE OPERATION by SUBCONTRACTORS REV: 01
Date: 20.01.2020
POWER SECTOR
Page: 38 of 43
ANNEXURE 02
PROJECT: SUBCONTRACTOR:
DATE : OWNER :
INSPECTION BY:
Other
WORKING AT HEIGHT
Safety nets
Safety belts
Safety helmets
Anchoring of safety belt to the life line rope
ENVIRONMENT
Lubricant waste/engine oils properly dispose.
ANNEXURE 03
REFERENCES
Contract documents
Relevant legislations
HSEMSM
Relevant Indian standards as listed below (illustrative only):
(18) IS:8520 – 1977 Guide for Selection of Industrial Safety Equipment for Eye,
(Reaffirmed 2002) Face and Ear Protection.
(19) IS:9473:2002 Respiratory Protective Devices-Filtering Half Masks to protect
against Particles-Specification.
(20) IS:9944:1992 Natural and Man-made Fiber Rope Slings-Recommendations
(Reaffirmed 2003) on Safe working loads.
(21) IS:11057 – 1884 Specification for Industrial Safety Nets
(Reaffirmed 2001)
(22) IS:12254:1993 Polyvinyl Chloride (PVC) Industrial Boots-Specification
(Reaffirmed 2002)
(23) IS:13367(Part 1):1992 Safe Use of Cranes-Code of Practice
(Reaffirmed 20030
(24) IS:14166:1994 Respiratory Protective Devices-Full Face Masks Specification
(Reaffirmed 2002)
(25) IS:14746 : 1999 Respiratory Protective Devices-Half Masks and Quarter
(Reaffirmed 2003) Masks - Specification
(26) IS : 15397 :2003 Portable Extinguisher Mechanical Foam Type(Stored
(Reaffirmed 2008) Pressure)-Specification
(27) IS: 19011:2002 Guidelines for Quality and/or Environmental Management
Systems Auditing
HEALTH, SAFETY AND ENVIRONMENT Doc no.: HSEP: 14
PLAN FOR
SITE OPERATION by SUBCONTRACTORS REV: 01
Date: 20.01.2020
POWER SECTOR
Page: 43 of 43
Name of Site :
Name of Sub‐Contractor :
Inspected by :
Date of Inspection :
Name of Site :
Name of Sub‐Contractor
:
Name of Employee :
NAME:
EXAMINATION OBSERVATION
General Physical Examination
Height :
Weight :
BMI :
Pallor :
Temperature :
Ear :
Nose :
Throat :
POWER SECTOR FORMAT NO: HSEP:14‐F02
REV NO.: 00
HEALTH CHECK UP
PAGE NO. 2 OF 02
EXAMINATION OBSERVATION
Cardiovascular System Examination :
Inspection :
Palpation : Pulse BP
Respiratory System :
Palpation: :
Percussion :
Examination of Abdomen :
Inspection :
Palpation :
Any Other :
Clinical Impression
Name of Site :
Name of Sub‐Contractor
:
Date :
Name of Training
Co‐ordinator
Name of Site :
Sub‐Contractors Name :
Date :
Name of Site :
Name of Sub‐Contractor
:
Inspected by :
Date of Inspection :
Safety Helmet
Safety Shoes
Fall Arrestor
Safety Nets
Other PPEs.
Name of Site :
Name of Sub‐Contractor
:
Date of Inspection :
Signature‐Subcontractor/ Subcontractor’s
Signature‐Site Safety Officer ( BHEL) Safety Officer
POWER SECTOR FORMAT NO: HSEP:14‐F08
REV NO.: 00
STATUS OF T&Ps
PAGE NO. 01 OF 01
Name of Site
Name of Sub‐Contractor
Date of Inspection
Name of Site :
Name of Sub‐Contractor
:
Inspected by :
Date of Inspection:
Name of Site :
Name of Sub‐Contractor
:
Inspected by :
Date of Inspection:
Name of Site
Name of Sub‐Contractor
Inspected by
Date of Inspection
Welding
Sl.no. Description Y N Remarks
e o
s
1 Is electric connection given through
30 mA ELCB/RCCB to welding m/c?
2 Is electric cable fitted properly in
junction box on m/c?
3 Is electrical cable free from joints?
4 Are the joints attached firmly &
insulated with tape?
5 Is double earthing given to body of
m/c?
6 Is the physical condition of the m/c
good?
7 Is ON/OFF switch connected to the
m/c is working and in good
condition?
8 Are indication lamps on m/c
working?
9 Is the electrode holder in good
condition?
10 Are the cables of the welding m/c
lugged & tight properly?
11 Are return lead connected properly
(Rod, Angle, Channels shall not be
used)
Total No of NO
Total No of YES
POWER SECTOR
FORMAT NO: HSEP:14‐F11
INSPECTION OF WELDING AND GAS REV NO.: 00
CUTTING PAGE NO. 2 OF 02
Gas Cutting
Yes No Remarks
Sl. no Description
Total Number of NO
Total No of YES
% Compliance
Name of Site
Name of Sub‐Contractor
Inspected by
Date of Inspection:
Name of Site
Name of Sub‐Contractor
Inspected by
Date of Inspection
Signature‐Subcontractor/ Subcontractor’s
Safety Officer Signature‐Site Safety Officer ( BHEL)
POWER SECTOR FORMAT NO: HSEP:14-F13E
REV NO.: 00
Inspection of Excavation PAGE NO. 01 OF 01
Name of Site :
Name of Sub-Contractor :
Inspected by :
Date of Inspection :
Total No of YES
Safety Area
Fine
SN Violation of Safety Norms
(in Rs)
01 Not Wearing Safety Helmet 200/- *
02. Not wearing Safety Belt or not anchoring life line 500/-*
03 Not wearing safety shoe 200/-*
04 Not keeping gas cylinders vertically 200/-
05 Not using flash back arrestors 100/-
06 Not wearing gloves 50/- *
07. Grinding Without Goggles 50/- *
08. Not using 24 V Supply For Internal Work 500/-
09. Electrical Plugs Not used for hand Machine 100/-
10. Not Slinging properly 200/-
11. Using Damaged Sling 200/-
12. Lifting Cylinders Without Cage 500/-
13. Not Using Proper Welding Cable With Lot of Joints And Not
200/-
Insulated Property.
14. Not Removing Small Scrap From Platforms 500/-
15. Gas Cutting Without Taking Proper Precaution or Not Using Sheet
500/-
Below Gas Cutting
16. Not Maintaining Electric Winches Which are Operated Dangerously 500/-
17. Improper Earthing Of Electrical T&P 500/-
18 No or improper barricading 500/-
19. Activity carried out without Safety work permit (Height work, Lifting
1000/-
activity, Hot work-each person/case)
20. Incident Resulting in Partial Loss in Earning Capacity 25,000/- per
victim
21. Fatal Incident Resulting in total loss in Earning Capacity 1,00,000/- per
victim for first
instance #
Legend: -
*: per head. For repeated violation by the same person, the penalty would be double of the previous penalty. Date of
“Repeated violation” will be counted from subsequent days.
#: or as deducted by customer, whichever is higher. For repeated fatal incident in the same Unit incremental penalty
to be imposed. The subcontractor will pay 2 times the penalty compared to previously paid in case there are
repeated cases of fatal incidents under the same subcontractor for the same package in the same unit.
POWER SECTOR FORMAT NO: HSEP:14‐F14
REV NO.: 00
HSE PENALTY
PAGE NO. 2 OF 02
Details (if any) related to non‐ compliance (Name of persons, Nature of deficiency, etc.)
Penalty imposed:
3. Total Penalty= 1. X 2. =
Signature:
Name Name
13 DESCRIBE CLEARLY HOW THE ACCIDENT OCCURRED (USE ADDITIONAL SHEET, IF REQUIRED
ANALYSIS
SN. Description of HSE Activity & Formats Plan & Targets for the month Review
Activities:
14 Job Safety Analysis as per Format F32B
1. …
Regular Job Specific Training (Re-training) for workers involved in
hazardous activities Topics/ Hazards & No. of workers
15
1. …
Areas
16 Mass housekeeping (HK) drive in work areas
1. …
17 Vertigo Test of Height workers Minimum No. of workers:
Location(s) & Nos.
18 Deployment of qualified HSE Officers as per contract
1. …
Location(s) & Nos.
19 Deployment of qualified HSE Stewards as per contract
1. …
Deployment of Safety tools & Equipment (Safety Nets, Lifelines, Fall Tool/ Equipment & Location
20
arrestors, Man-cages, flashback arrestors, scaffolding etc.) 1. …
21 Safety Walks by site in charge of agency (4 -Weekly once) Dates:
22 Safety walks by departmental head (8-Weekly twice) Dates:
Availability/ deployment of Safety posters/ placards/ signage at strategic Locations: Nos.
23
locations 1. …
Locations: Nos.
24 Provision of clean drinking water sources for workers
1. …
Locations: Nos.
25 Provision of toilets for workers (separate for male & female workers)
1. …
Locations: Nos.
26 Rest sheds for workers during lunchtime, rain, dust storm etc.
1. …
1. Clean drinking water
2. Toilets
3. Cleanliness & Hygiene
27 Availability of following in Labor colony 4. Grass cutting,
5. Fogging
6. Electrical Inspection …
POWER SECTOR FORMAT NO: HSEP:14-F30
REV NO.: 00
Format for Monthly HSE Planning & Review PAGE NO. 03 OF 3
SN. Description of HSE Activity & Formats Plan & Targets for the month Review
Locations:
28 Availability of dust/ waste bins at various locations
1. …
29 Availability of Ambulance (individual/ joint) in each shift Ambulance No.
30 Availability of emergency vehicle in each shift Emergency vehicle
Deployment/ Availability of tested Fire Extinguishers Locations & Nos.
31
1. …
Locations & Nos.
32 Tree plantation
1. …
Locations
33 Waste disposal & Scrap Bins
1. …
Locations
34 Illumination checks
1. …
Safety award function:
35 1. Display of good practices Minimum 1 per month
Award presentation
36 Submission of Daily Reports as per Format No.F31A Daily Reports (Night & Day Shifts)
PLAN REVIEW
Agency BHEL Agency BHEL
Name: Name: Name: Name:
Site
SHIFT
Year
Submitted By
attached
Work Area(s)
Staff
Man-Power
Safety Officers
Safety Stewards
Work Permits
NA
T&P Inspection (Names & Nos. Inspected)
Format for Daily HSE Reporting
Subcontractor
NA
NA HSE Meeting
Near miss
REV NO.: 00
Complied by Agency
FORMAT NO: HSEP:14-F31 A
HAZARDS PRECAUTIONS
(Name) Reviewed By
Submitted By Approved By
(Sign) (BHEL
(Agency HSE) (BHEL HSE)
(Date) Execution)
POWER SECTOR- HQ FORMAT NO: HSEP:14-F33
REV NO.: 00
PAGE NO. 01 OF 3
Checklist for Evaluation of HSE Performance
M/
SL Parameter for Measurement Wt Supporting Documents
O
Induction training for new workers conducted through audio-visual
1a M 1
medium & documented ? Induction Training Records
1b Tool box talk conducted regularly as per plan, and documented? M 1 Toolbox Talk Records
1c Contractor in charge and safety in charge attended safety meetings? M 2 Minutes of Meeting
Whether observations in safety meetings are complied before next
1d M 2
meeting? -do-
Preparation and submission of Monthly HSE report within stipulated
1e M 1
time Report submission date
Preparation and submission of Incident/near-miss report and RCA
1f M 1
Report (as applicable) within stipulated time Incident/ Near Miss Records
Carrying out Inspections and submission of Inspection reports within
1g M 1
stipulated time Inspection Records
Regular Job Specific Training ensured for High Risk Workers (through
1h M 1
audio-visual medium) as per plan Training & Attendance Records
2a Whether the contractor is registered under BOCW M 2 BOCW Registration Certificate
2b Availability of Qualified safety officer (1 for every 500 labour) M 2 Safety Officer qualification &
experience records
2c Availability of Qualified safety supervisor (1 for every 100 labour ) M 2 Safety Officer qualification &
experience records
All the workers are provided and using safety helmets and safety PPE Issue Records, Inspection/
2d M 2
shoes/gum boots non-conformity records
2e Housekeeping done on regular basis and scrap removal at site M 1 Housekeeping records, Inspection/
non-conformity records
Usage of Goggles/Face shields and Hand gloves for gas cutter and PPE Issue Records, Inspection/
2f 1
grinders non-conformity records
Inspection/ non-conformity
2g Wall openings & floor openings are guarded? 1
records
Inspection/ non-conformity
2h Adequate illumination provided in all working area? 1
records
Safety posters, sign boards and emergency contact numbers in all Inspection/ non-conformity
2i 1
prominent location are displayed? records
Availability of automatic reverse horns, Main horn, hook latches for Inspection/ non-conformity
2j 1
Vehicles, mobile cranes, Hydras records
Ban of carrying mobile phones to work place is implemented for Inspection/ non-conformity
2k 1
workers records
Master T&P List with internal &
2l Availability of Tags & Inspection Certificates for Cranes of all capacities 1
external test details
Availability of Tags & Inspection Certificates for Winches of all Master T&P List with internal &
2l.2 1
capacities external test details
Availability of Tags & Inspection Certificates, color coding for Chain Master T&P List with internal &
2l.3 1
pulley blocks external test details
Availability of Tags & Inspection Certificates for Vehicles - Trailers, Master T&P List with internal &
2l.4 1
Dozers, Dumpers, Excavators. Mixers etc. external test details
Availability of Tags & Inspection Certificates for Welding machines, Master T&P List with internal &
2l.5 1
grinders, Drilling machines, etc. external test details
Availability of Tags & Inspection Certificates, colour coding for Wire Master T&P List with internal &
2l.6 1
rope slings etc. external test details
2l.7 Availability of Tags & Inspection Certificates for Batching plants 1 Master T&P List with internal &
external test details
POWER SECTOR- HQ FORMAT NO: HSEP:14-F33
REV NO.: 00
PAGE NO. 02 OF 3
Checklist for Evaluation of HSE Performance
M/
SL Parameter for Measurement Wt Supporting Documents
O
2m.1 Use of Lifting Permit as per requirement 1 Permit Records
2m.2 Use of Height Permit as per requirement 1 Permit Records
2m.3 Use of Hot Work Permit as per requirement 1 Permit Records
2m.4 Use of Excavation permit as per requirement 1 Permit Records
2m.5 Use of Confined space work permit as per requirement 1 Permit Records
Use of Grating removal and safety net removal permit as per
2m.6 1
requirement Permit Records
2m.7 Use of Lockout-Tag out permit as per requirement 1 Permit Records
2m.8 Use of Radiography permit as per requirement 1 Permit Records
2m.9 Use of Night/ Holiday Work Permit as per requirement 1 Permit Records
2m.10 Use of Any other Applicable Permit as per requirement 1 Permit Records
Material safety data sheet(MSDS) available for all chemicals and Inspection/ non-conformity
3a 1
displayed in usage and storage area? records
Spillages of oil/concrete and other chemical is controlled and cleaned Inspection/ non-conformity
3b 1
by proper method in case of spill? records
Availability of adequate number of urinals in workplace and in
3c M 1
elevations and maintained
3d Availability of rest rooms for workers at site M 1
3e Availability of Drinking water facility at work spot 1
3f Hygienic Labour colony is provided for workers. 1
Is heavy/complex critical lifting permit obtained for heavy, complex
4a 1
materials before handling/erection activity? Work Permit records
Inspection/ non-conformity
4b Whether area below lifting activities barricaded
1 records
Experience details of rigging
4c Availability of experienced rigging foreman 1
foreman
Is agency is following proper storage and handling procedure as per
4d 1
manufacturer standard for all hazardous material? Procedure for storage & handling
Are oxygen and acetylene cylinders are transported to work place from
4e 1
storage area in trolleys
Inspection/ non-conformity
5a Whether all deep excavation has been protected by barrier 1
records
5b Sloping/benching & shoring provided for excavation as per requirement? 1 -do-
5c Proper access and egress provided for excavations? 1 -do-
5d Blasting is done in controlled manner? 2 -do-
Whether Electrical booth is equipped with Co2 fire extinguishers and Inspection/ non-conformity
6a 2
fire buckets filled with sand? records
6b Availability of Illumination lamp in electric booth? 1 -do-
6c whether Caution Boards have been displayed? 1 -do-
6d Usage of Metal Plug top for all hand power tools ? 1 -do-
6e Usage of Insulated welding cables. 1 -do-
6f Electrical Booth/Distribution Board to be covered by proper Canopy. 1 -do-
Availability of functional & individual 30ma ELCB / RCCB and MCB for
6g 1
protection and conducting periodical check-up? -do-
Double earthing for panel boards and all machinery & proper earth pit
6h 1
with regular inspection available? -do-
M/
SL Parameter for Measurement Wt Supporting Documents
O
Whether Scaffolding pipes made with steel or aluminum, are being Inspection/ non-conformity
7a 2
used and checked periodically by experienced/ certified scaffolder? records
8mm Stainless Steel wire rope with plastic cladding is provided for life
7b 2
line (Vertical / Horizontal) during height work? -do-
7c Availability of emergency lighting in case of power failure 1 -do-
Whether all the openings are covered with Safety Nets made of fire
7d 1
proof Nylon? -do-
Whether MS pipe rails around staircases & platforms in usage are
7e 1
provided with top, middle rails and toe guard ? -do-
7f Whether Ladder with vertical life line /Fall arrestor is available to climb? 1 -do-
Whether all workers deployed for working at height have been issued
7g 1
height pass after undergoing vertigo test? Height Pass records
Whether all workers deployed for height work / climbing ladder are PPE Issue records, inspection/ non-
7h 1
provided and using Double lanyard safety belt? conformity reports
Is all hand tools/Small material used by height workers is tied firmly to
7i 1
prevent fall? -do-
Flash back arrestors for all gas cutting sets is available on Torch side Inspection/ non-conformity
8a 1
and cylinder side records
Oxygen/Acetylene/LPG cylinders not in use have caps in place and
8b 1
stored separately? -do-
8c Availability of Face screen, Hand gloves, and Apron, for welders 1 -do-
Protection from falling hot molten metal during metal cutting / welding
8d at height by providing GI sheet below the cutting area especially in fire 1
prone areas -do-
Pre-employment medical check-up done for all workers and
9a 1
submitted? Medical check records
9b Availability of first aid center, with MBBS doctor(Own or Sharing basis) M 2 Attendance records
9c Availability of Ambulance facility 24 hours (Own or sharing basis) M 2 -do-
Is First aid trained personnel’s are available and their names are
9d M 1
displayed at site? -do-
9e Availability of Emergency vehicle at site 1
Periodical medical check-up is conducted for all the workers and
9f 1
submitted? Medical check records
Availability of sufficient number of first aid box as per standard list and
9g 1
maintaining record Inspection records
10a Availability of Fire extinguishers, buckets at all vulnerable points 2 Fire extinguisher records
10b Periodic fire mock drill conducted? 1 Fire, Mock drill records
10c Are all flammable materials are stored separately? 1
10d Periodic grass cutting is done in material storage area? 1
10e Availability of 24V DC lighting in confined space work area 1
10f Availability of exhaust fan in confined space work area 1
Note:
M: Mandatory; O: Optional. Points other than mandatory can be excluded with appropriate justification (scope etc.) by BHEL
Additionally: 30 Marks for each Fatal Accident and 10 mark for each major accident shall be deducted.
Permit no.
SAFETY WORK CLEARANCE
Project: Emergency Contact Nos:
Subcontractor:
Welding machine grounded at the equipment and proper leakage current protection device (ELCB)
5.
provided for welding machine.
6. Emergency STOP buttons are in working condition. Welder /Helper knows how to operate it.
Welding machine input/output cables, welding holder and weld return clamp (Holder) are insulated and in
7.
good condition.
Welder & Fitter trained to connect ground/work return clamps (Holder) to work place prior to energization of
8.
welding machine.
Gas cylinders are stacked vertically and not below the welding / cutting area. Regulator key is available
9.
with cylinder.
Personal Protective equipment Minimum applicable: safety helmet, safety goggles, welding helmet, safety
11.
shoes, leather gloves, long sleeve and nose mask -provided
12. In case of pits, water removed from the pit and wood/rubber insulation provided.
16. Other
Subcontractor:
1. Crane used for lifting activity tested, certified and approved for rated lifting
2. All lifting tackles, gears/appliances are tested and certified for lifting works.
4. Lifting sling/ belt is protected against sharp edge of the jobs to be lifted.
8. Minimum 2 guidelines have been provided for balancing and guiding jobs to be lifted.
Periphery area of crane booms as well as lifting job is barricaded and unauthorized/no-entry sign board
9.
posted.
10. Rigger and signal man is trained and competent for lifting work.
12. If scaffolding to be used during lift, scaffolding with valid tag available for use.
14. Safety shoes (non-slip), helmet with chin strap available with employees.
15. Others.
Subcontractor:
1. All workers on job are medically fit for working at height (Person should not have vertigo)
2. Scaffolding with valid tag available for use
3. Safety harness with life line support/ fall arrester are checked and in working condition
4. Safety shoes ( non-slip), Helmet with chin strip available with employees
5. Safety nets are provided as per design and provided 25 ft. below working area & extending 8 ft beyond.
6. Horizontal life lines are provided to cater to design specification of 2300kg per person.
8. All lifting / tightening tools, hand tools/equipment checked and in good condition
12. Electrical cable, welding Hose/Compressed air hose properly secured and lay down without obstruction.
14. Hazards in the vicinity are identified and communicated to the worker.
15. Other
General Conditions of
Contract
(Common for Power Sector Regions)
2021
TABLE OF CONTENTS
1. Chapter-1: General Instructions to Tenderers
1.1. Despatch Instructions
1.2. Submission of Tenders
1.3. Language
1.4. Price Discrepancy
1.5. Qualification of Tenderers
1.6. Evaluation of Bids
1.7. Data to be enclosed
1.8. Authorization and Attestation
1.9. Earnest Money Deposit
1.10. Security Deposit
1.11. Return of Security Deposit
1.12. Bank Guarantee
1.13. Validity of offer
1.14. Execution of Contract Agreement
1.15. Rejection of Tender and other Conditions
1.16. Intimation of change of name/re-constitution of the
Organization
2. Chapter-2
2.1. Definitions
2.2. Law Governing Contract and Court Jurisdiction
2.3. Issue of Notice
2.4. Use of Land
2.5. Commencement of Work
2.6. Measurement of Work and Mode of Payment
2.7. Rights of BHEL
CHAPTER -1
1. GENERAL INSTRUCTION TO TENDERERS
1.1. DESPATCH INSTRUCTION
i) The General Conditions of Contract form part of the Tender specifications. All pages of the tender
documents shall be duly signed, stamped and submitted along with the offer in token of
complete acceptance thereof. (For E-Tender, bidders shall use electronic Signature viz
Digital Signature Certificate while uploading on the e-procurement portal. The information
furnished shall be complete by itself. The tenderer is required to furnish all the details and other
documents as required in the following pages.
ii) Tenderers are advised to study all the tender documents carefully. Any submission of tender by the
tenderer shall be deemed to have been done after careful study and examination of the tender
documents and with the full understanding of the implications thereof. Should the tenderers have
any doubt about the meaning of any portion of the Tender Specification or find discrepancies or
omissions in the drawings or the tender documents issued are incomplete or shall require
clarification on any of the technical aspect, the scope of work etc., he shall at once, contact the
authority inviting the tender well in time (so as not to affect last date of submission) for clarification
before the submission of the tender. Tenderer’s request for clarifications shall be with reference to
Sections and Clause numbers given in the tender documents. The specifications and terms and
conditions shall be deemed to have been accepted by the tenderer in his offer. Non-compliance
with any of the requirements and instructions of the tender enquiry may result in the rejection of the
tender.
iii) Integrity pact (IP) shall be applicable for all tenders / contracts if indicated in NIT. This integrity pact
shall be issued as part of the Tender documents and shall be submitted by the bidder along with
Techno-commercial bid duly filled, signed and stamped by the authorized signatory who signs the
bid. Only those vendors / bidders who have entered into such an IP with BHEL shall be considered
qualified to participate in the bidding. Entering into this pact shall be a preliminary qualification.
1.2.2 Tenders submitted by post (i.e. by ‘REGISTERED POST / by COURIER’) shall be sent with due
allowance for any postal/courier delays. BHEL takes no responsibility for delay, loss or non-receipt
of tenders sent by post/courier. The tenders received after the specified time of their
submission are treated as ‘Late Tenders’ and shall not be considered under any
circumstances. Offers received by Email shall be considered as per terms of NIT. E-Tenders
shall be submitted through E-Procurement portal as per instruction in NIT. Tenderers to upload
offers well in advance in order to avoid last minute congestion in e-procurement website. However,
after submission of the tender, the tenderer can re-submit revised tender but before due date and
time of submission of tender as notified.
1.2.3 Tenders shall be opened by Officer of BHEL at the time and date as specified in the NIT, in the
presence of such of those tenderers or their authorized representatives who would like to be
present (In case of Manual Tenders). BHEL reserves the right to go ahead with opening of the
Tender even in case of no representative is present on the specified date and time. For e-tenders,
bidders may mark their presence online through provisions available in e-procurement portal.
1.2.4 Tenderers whose bids are found techno commercially qualified shall be informed about the date
and time of opening of the Price Bids and such Tenderers may depute their representatives to
witness the opening of the price bids (In case of Manual Tenders). BHEL’s decision in this regard
shall be final and binding.
1.2.5 Before submission of Offer, the tenderers are advised to inspect the site of work and the
environments and be well acquainted with the actual working and other prevalent conditions,
facilities available, position of material and labour, means of transport and access to Site,
accommodation etc. No claim will be entertained later on the grounds of lack of knowledge of any
of these conditions.
The tenderer may get aware about weather conditions, contingencies & other circumstances which
may influence or affect their tender prices. Invariable of inspection by the tenderer, the tenderer
shall be considered deemed acquainted with all site conditions such as rain patterns, hazardous
conditions, soil patterns, local factors etc. Tenderer to have satisfied himself in all respect before
quoting his rates and no claim will be entertained later on the grounds of lack of knowledge of any
of these conditions.
1.3. LANGUAGE
1.3.1 The tenderer shall quote the rates in English language and international numerals. These rates
shall be entered in figures as well as in words. Tenderers are requested to refer the clauses of NIT/
Vol-II “Price Bid” for more details. For the purpose of the tenders, the metric system of units shall
be used.
1.3.2 All entries in the tender shall either be typed or written legibly in ink. Erasing and over-writing is not
permitted and may render such tenders liable for rejection. All cancellations and insertions shall be
duly attested by the tenderer.
i) EMD shall be furnished before tender opening / along with the offer in full as per the amount
indicated in the NIT.
ii) The EMD is to be paid only in the following forms:
a) Cash deposit as permissible under the extant Income Tax Act (before tender opening).
b) Electronic Fund Transfer credited in BHEL account (before tender opening).
c) Banker’s cheque / Pay order / Demand draft, in favour of ‘Bharat Heavy Electricals Limited’ and
payable at Regional HQ issuing the tender (along with offer).
d) Fixed Deposit Receipt (FDR) issued by Scheduled Banks/ Public Financial Institutions as defined in
the Companies Act (FDR should be in the name of the Contractor, a/c BHEL) (along with offer).
The Fixed Deposit in such cases shall be valid for at least six months from the due date of tender
submission.
In case EMD amount is more than Rs. Two Lakhs, Tenderer has the option to submit Rs. Two
lakhs in the forms described above in clause no. 1.9.1. (a) to (d) and the remaining amount over
and above Rs. Two Lakhs in the form of Bank Guarantee from Scheduled Bank (along with the
Offer). The Bank Guarantee in such cases shall be valid for at least six months from the due date
of tender submission. The Bank Guarantee format for EMD shall be in the prescribed formats.
iii) No other form of EMD remittance shall be acceptable to BHEL.
1.9.2 EMD by the Tenderer will be forfeited as per NIT conditions, if:
i) After opening the tender and within the offer validity period, the tenderer revokes his tender or
makes any modification in his tender which is not acceptable to BHEL.
ii) The Contractor fails to deposit the required Security deposit or commence the work within the
period as per LOI/ LOA/ Contract.
EMD by the tenderer shall be withheld in case any action on the tenderer is envisaged under the
provisions of extant “Guidelines on Suspension of business dealings with suppliers/ contractors”
and forfeited/ released based on the action as determined under these guidelines.
1.9.4 EMD given by all unsuccessful tenderers shall be refunded normally within fifteen days of award of
work.
1.9.5 Cash portion of EMD of successful tenderer will be retained as part of Security Deposit. EMD
submitted in the form of Bank Guarantee/ FDR shall be retained by BHEL until the receipt of at
least 50% of the Security Deposit.
1.10.1 (i) Upon acceptance of Tender, the successful Tenderer should deposit the 5% of the contract value
as Security Deposit towards fulfilment of any obligations in terms of the provisions of the contract.
1.10.1 (ii) Bidder agrees to submit performance security required for execution of the contract within the
time period mentioned in clause 1.10.2. In case of delay in submission of Security Deposit, interest
(SBI rate + 6%) for the delayed period on the amount of SD due for submission, shall be submitted
by the bidder. Further, if performance security is not submitted till such time the first bill becomes
due, the amount of performance security due shall be recovered as per terms defined in NIT /
contract, from the bills along with due interest as mentioned herein above.
1.10.1 (iii) Bidder agrees to submit the Security Deposit as above for execution of the contract within the
time period.
1.10.2 (i) For contracts exceeding Rs 20 lakhs, the security Deposit should be furnished before start of the
work by the contractor. If requested by the contractor, cash recovery of initial 50% of the specified
Security Deposit, including the retained EMD can be made from bills submitted by contractor. For
such delay in submission of initial 50% of the required Security Deposit for execution of the
contract, interest shall be levied for the delayed period of submission at (SBI rate + 6%) on the
security required to be submitted. Balance 50% Security deposit shall be recovered at the rate of
10% of the gross amount progressively from each of the running bills of the contractor till the total
amount of the required security deposit is collected.
1.10.2 (ii) In case of small value contracts not exceeding Rs. 20 lakhs, work can be started before the
required Security Deposit is collected.
1.10.2 (iii) Payment can be released only after collection/ recovery of initial 50% Security Deposit.
1.10.3 The balance amount to make up the required Security Deposit of 5% of the contract value may be
accepted in the following forms.
Note: BHEL will not be liable or responsible in any manner for the collection of interest or renewal of the
documents or in any other matter connected therewith.
1.10.5 In case the value of work exceeds the awarded / accepted value, the Security Deposit shall be
correspondingly enhanced as given below:
i) The enhanced part of the Security Deposit shall be immediately deposited by the Contractor or
adjusted against payments due to the Contractor.
ii) Contract value for the purpose of operating the increased value of Security Deposit due to Quantity
Variation, shall be exclusive of Price Variation Clause, Over Run Compensation and Extra works
done on manday rates.
iii) The recoveries made from running bills (cash deduction towards balance SD amount) can be
released against submission of equivalent Bank Guarantee in acceptable form, but only once,
before completion of work, with the approval of competent authority of BHEL.
1.10.6 The validity of Bank Guarantees towards Security Deposit shall be initially up to the completion
period as stipulated in the Letter of Intent/ Award + Guarantee Period + 3 months, and the same
shall be kept valid by proper renewal by the contractor till the acceptance of Final Bills of the
Contractor by BHEL.
1.10.7 BHEL reserves the right of forfeiture of Security Deposit in addition to other claims and penalties in
the event of the Contractor’s failure to fulfill any of the contractual obligations or in the event of
termination of contract as per terms and conditions of contract. BHEL reserves the right to set off
the Security Deposit against any claims of other contracts with BHEL.
The successful tenderer shall be required to execute an agreement in the prescribed form, with
BHEL, within a reasonable time after the acceptance of the Letter of Intent/Award, and in any case
before releasing the first running bill. The contract agreement shall be signed by a person duly
authorized/empowered by the tenderer. The expenses for preparation of agreement document shall
be borne by BHEL.
1.15.4 Conditional tenders, unsolicited tenders, tenders which are incomplete or not in the form specified
or defective or have been materially altered or not in accordance with the tender conditions,
specifications etc. are liable to be rejected.
1.15.5 Tenders are liable to be rejected in case of unsatisfactory performance of the tenderer with BHEL
or tenderer under suspension (hold/banning) by any unit / region / division of BHEL or tenderers
who do not comply with the latest guidelines of Ministry/Commissions of Govt of India. BHEL
reserves the right to not consider a bidder for further processing of tender in case it is observed
that they are overloaded and may not be in a position to execute this job as per the required
schedule in line with clause no. 9.0 of the ‘NIT’. The decision of BHEL will be final in this regard.
1.15.6 If a tenderer who is a proprietor expires after the submission of his tender or after the acceptance
of his tender, BHEL may at their discretion, cancel such tender. If a partner of a firm expires after
the submission of tender or after the acceptance of the tender, BHEL may then cancel such tender
at their discretion, unless the firm retains its character.
1.15.7 BHEL will not be bound by any Power of Attorney granted by changes in the composition of the
firm made subsequent to the execution of the contract. BHEL may, however, recognize such
power of Attorney and changes after obtaining proper legal advice, the cost of which will be
chargeable to the contractor concerned.
1.15.8 If the tenderer deliberately gives wrong information in his tender, BHEL reserves the right to reject
such tender at any stage or to cancel the contract if awarded and forfeit the Earnest
Money/Security Deposit/any other money due.
1.15.9 Canvassing in any form in connection with the tenders submitted by the Tenderer shall make his
offer liable to rejection.
1.15.10 In case the Proprietor, Partner or Director of the Company/Firm submitting the Tender, has any
relative or relation employed in BHEL, the authority inviting the Tender shall be informed of the fact
as per specified format, along with the Offer. Failing to do so, BHEL may, at its sole discretion,
reject the tender or cancel the contract and forfeit the Earnest Money/Security Deposit.
1.15.11 The successful tenderer should not sub-contract part or complete work detailed in the tender
specification undertaken by him without written permission of BHEL’s Construction Manager/Site in
charge. The tenderer is solely responsible to BHEL for the work awarded to him.
1.15.12 The Tender submitted by a techno commercially qualified tenderer shall become the property of
BHEL who shall be under no obligation to return the same to the bidder. However unopened price
bids and late tenders shall be returned to the bidders, in case of Conventional/ Paper bid.
1.15.13 Unsolicited discount received after the due date and time of Bid Submission shall not be
considered for evaluation. However, if the party who has submitted the unsolicited discount/rebate
becomes the L-1 party, then the awarded price i.e. contract value shall be worked out after
considering the discount so offered.
1.15.14 BHEL shall not be liable for any expenses incurred by the bidder in the preparation of the tender
irrespective of whether the tender is accepted or not.
CHAPTER-2
2.1 DEFINITION: The following terms shall have the meaning hereby assigned to them except where
the context otherwise requires
i) BHEL shall mean Bharat Heavy Electricals Limited (of the respective Power Sector Region inviting
the Tender), a company registered under Indian Companies Act 1956, with its Registered Office
at BHEL HOUSE, SIRI FORT, NEW DELHI – 110 049, or its Power Sector Regional Offices or its
Authorized Officers or its Site Engineers or other employees authorized to deal with any matters
with which these persons are concerned on its behalf.
iii) “COMPETENT AUTHORITY” shall mean BHEL Officers who are empowered to act on behalf of
BHEL.
iv) “ENGINEER” or “ENGINEER IN CHARGE” shall mean an Officer of BHEL as may be duly
appointed and authorized by BHEL to act as “Engineer” on his behalf for the purpose of the
Contract, to perform the duty set forth in this General Conditions of Contract and other Contract
documents. The term also includes ‘CONSTRUCTION MANAGER’ or ‘SITE INCHARGE’ as well
as Officers at Site or at the Headquarters of the respective Power Sector Regions.
v) “SITE” shall mean the places or place at which the plants/equipments are to be erected and
services are to be performed as per the specification of this Tender.
vi) “CLIENT OF BHEL” or “CUSTOMER” shall mean the project authorities with whom BHEL has
entered into a contract for supply of equipments or provision of services.
vii) “CONTRACTOR” shall mean the successful Bidder/Tenderer who is awarded the Contract and
shall include the Contractor’s successors, heirs, executors, administrators and permitted assigns.
viii) “CONTRACT” or “CONTRACT DOCUMENT” shall mean and include the Agreement of Work
Order, the accepted appendices of Rates, Schedules, Quantities if any, Offer submitted by
contractor including acceptance to General Conditions of Contract, Special Conditions of
Contract, Instructions to the Tenderers, Drawings, Technical Specifications, the Special
Specifications if any, the Tender documents, subsequent amendments /corrigendum to Tender
mutually agreed upon and the Letter of Intent/Award/Acceptance issued by BHEL. Any conditions
or terms stipulated by the contractor in the tender documents or subsequent letters shall not form
part of the contract unless, specifically accepted in writing by BHEL in the Letter of Intent/Award
and incorporated in the agreement or amendment thereof.
ix) “GENERAL CONDITIONS OF CONTRACT” shall mean the ‘Instructions to Tenderers’ and
‘General Conditions of Contract’ pertaining to the work for which above tenders have been called
for.
xi) “LETTER OF INTENT/ AWARD” shall mean the intimation by a Letter/Fax/email to the tenderer
that the tender has been accepted in accordance with provisions contained in the letter. The
responsibility of the contractor commences from the date of issue of this letter and all terms and
conditions of the contract are applicable from this date.
xii) “COMPLETION TIME” shall mean the period by ‘date/month’ specified in the ‘Letter of
Intent/Award’ or date mutually agreed upon for handing over of the intended scope of work, the
erected equipment/plant which are found acceptable by the Engineer, being of required standard
and conforming to the specifications of the Contract.
xiii) “PLANT” shall mean and connote the entire assembly of the plant and equipments covered by the
contract.
xiv) “EQUIPMENT” shall mean equipment, machineries, materials, structural, electricals and other
components of the plant covered by the contract.
xv) “TESTS” shall mean and include such test or tests to be carried out on the part of the contractor as
are prescribed in the contract or considered necessary by BHEL in order to ascertain the quality,
workmanship, performance and efficiency of the contractor or part thereof.
xvii) “WORK or CONTRACT WORK” shall mean and include supply of all categories of labour, specified
consumables, tools and tackles and Plants required for complete and satisfactory site
transportation, handling, stacking, storing, erecting, testing and commissioning of the equipments
to the entire satisfaction of BHEL.
xviii) “SINGULAR AND PLURALS ETC” words carrying singular number shall also include plural and
vice versa, where the context so requires. Words imparting the masculine Gender shall be taken
to include the feminine Gender and words imparting persons shall include any Company or
Associations or Body of Individuals, whether incorporated or not.
xix) “HEADING” – The heading in these General Conditions are solely for the purpose of facilitating
reference and shall not be deemed to be part thereof or be taken as instructions thereof or of the
contract.
xx) “MONTH” shall mean calendar month unless otherwise specified in the Tender.
xxi) ‘Day’ or ‘Days’ unless herein otherwise expressly defined shall mean calendar day or days of
twenty-four (24) hours each. A Week shall mean continuous period of seven (7) days.
xxii) “COMMISSIONING” shall mean the synchronization testing and achieving functional operation of
the Equipment with associated system after all initial adjustments, trials, cleaning, re-assembly
required at site if any, have been completed and Equipment with associated system is ready for
taking into service.
xxiii) “WRITING” shall include any manuscript type written or hand written or printed statement or
electronically transmitted messages, under the signature or seal or transmittal of BHEL.
xxiv) “TEMPORARY WORK” shall mean all temporary works for every kind required in or for the
execution, completion, maintenance of the work.
xxv) ‘CONTRACT PRICE’ or ‘CONTRACT VALUE’ shall mean the sum mentioned in the
LOI/LOA/Contract Agreement subject to such additions thereto or deductions there from as may
be made under provisions hereinafter contained.
xxvi) ‘EXECUTED CONTRACT VALUE’ shall mean actual value of works executed by the contractor
and certified by BHEL. This value shall not include PVC, ORC, Extra Works and Taxes.
xxvii) “COMMENCEMENT DATE” or “START DATE” shall mean the commencement/start of work at Site
as per terms defined in the Tender.
xxviii) “SHORT CLOSING” or “FORE CLOSING” of Contract shall mean the premature closing of
Contract, for reasons not attributable to the contractor and mutually agreed between BHEL and
the contractor.
xxix) “TERMINATION” of Contract shall mean the pre mature closing of contract due to reasons as
mentioned in the contract.
xxx) “DE MOBILIZATION” shall mean the temporary winding up of Site establishment by Contractor
leading to suspension of works temporarily for reasons not attributable to the contractor.
xxxi) “RE MOBILIZATION” shall mean the resumption of work with all resources required for the work
after demobilization.
2.5.2 If the contractor fails to start the work within stipulated time as per LOI/ LOA or as intimated by
BHEL, then BHEL at its sole discretion will have the right to cancel the contract. The Earnest
Money and/or Security Deposit with BHEL will stand forfeited without any further reference to him
without prejudice to any and all of BHEL’s other rights and remedies in this regard.
2.5.3 All the work shall be carried out under the direction and to the satisfaction of BHEL.
2.6.1 All payments due to the contractors shall be made by e mode only, unless otherwise found
operationally difficult for reasons to be recorded in writing.
2.6.2 For progress running bill payments: - The Contractor shall present detailed measurement sheets in
triplicate, duly indicating all relevant details based on technical documents and connected drawings
for work done during the month/period under various categories in line with terms of payment as
per contract. The basis of arriving at the quantities, weights shall be relevant documents and
drawings released by BHEL. These measurement sheets shall be prepared jointly with BHEL
Engineers and signed by both the parties.
2.6.3 These measurement sheets will be checked by BHEL Engineer and quantities and percentage
eligible for payment under various groups shall be decided by BHEL Engineer. The abstract of
quantities and percentage so arrived at based on the terms of payment shall be entered in
Measurement Book and signed by both the parties.
2.6.4 Based on the above quantities, contractor shall prepare the bills, along with statutory documents, in
prescribed format and work out the financial value. These will be entered in Measurement Book
and signed by both the parties. Payment shall be made by BHEL after effecting the recoveries due
from the contractor.
2.6.5 All recoveries due from the contractor for the month/period shall be effected in full from the
corresponding running bills unless specific approval from the competent authorities is obtained to
the contrary.
2.6.6 Measurement shall be restricted to that portion of work for which it is required to ascertain the
financial liability of BHEL under this contract.
2.6.7 The measurement shall be taken jointly by persons duly authorized on the part of BHEL and by the
Contractor.
2.6.8 The Contractor shall bear the expenditure involved if any, in making the measurements and testing
of materials to be used/ used in the work. The contractor shall, without extra charges, provide all
the assistance with appliances and other things necessary for measurement.
2.6.9 If at any time due to any reason whatsoever, it becomes necessary to re-measure the work done in
full or in part, the expenses towards such re measurements shall be borne by the contractor unless
such re measurements are warranted solely for reasons not attributable to contractor.
2.6.10 Passing of bills covered by such measurements does not amount to acceptance of the completion
of the work measured. Any left out work has to be completed, if pointed out at a later date by
BHEL.
2.6.11 Final measurement bill shall be prepared in the final bill format prescribed for the purpose based on
the certificate issued by BHEL Engineer that entire works as stipulated in tender specification has
been completed in all respects to the entire satisfaction of BHEL. Contractor shall give unqualified
“No Claim” Certificate. All the tools and tackles loaned to him should be returned in satisfactory
condition to BHEL. The abstract of final quantities and financial values shall also be entered in the
Measurement Books and signed by both parties to the contract. The Final Bill shall be prepared
and paid within a reasonable time after completion of work.
2.7.1 To withdraw any portion of work and/or to restrict/alter quantum of work as indicated in the contract
during the progress of work and get it done through other agencies to suit BHEL’s commitment to
its customer or in case BHEL decides to advance the date of completion due to other emergent
reasons/ BHEL’s obligation to its customer.
In case of inadequate manpower deployed by the contractor, BHEL reserves the right to deploy
additional manpower through any other agency for expediting activities in the interest of the project.
Supplied manpower shall be put on job by the contractor and payments and other statutory
compliances related to manpower shall be the contractor’s responsibility. In case of contractor’s
failure to fulfill his obligations in respect of such manpower, BHEL reserves the right to take
necessary action as per contract conditions.
2.7.2.1 To terminate the contract or withdraw portion of work and get it done through other agency, at the
risk and cost of the contractor after due notice of a period of 14 days’ (this period can be reduced in
case of urgency or increased otherwise) by BHEL in any of the following cases:
i). Contractor’s poor progress of the work vis-à-vis execution timeline as stipulated in the Contract,
backlog attributable to contractor including unexecuted portion of work does not appear to be
executable within balance available period considering its performance of execution.
ii). Withdrawal from or abandonment of the work by contractor before completion of the work as per
contract.
iii). Non-completion of work by the Contractor within scheduled completion period as per Contract or as
extended from time to time, for the reasons attributable to the contractor.
iv). Termination of Contract on account of any other reason (s) attributable to Contractor.
v). Assignment, transfer, subletting of Contract without BHEL’s written permission.
vi). Non-compliance to any contractual condition or any other default attributable to Contractor.
Risk & Cost Amount against Balance Work:
Risk & Cost amount against balance work shall be calculated as follows:
Risk & Cost Amount= [(A-B) + (A x H/100)]
Where,
A= Value of Balance scope of Work (*) as per rates of new contract
B= Value of Balance scope of Work (*) as per rates of old contract being paid to the contractor at
the time of termination of contract i.e. inclusive of PVC & ORC, if any.
H = Overhead Factor to be taken as 5
In case (A-B) is less than 0 (zero), value of (A-B) shall be taken as 0 (zero).
* Balance scope of work (in case of termination of contract):
Difference of Contract Quantities and Executed Quantities as on the date of issue of Letter for
‘Termination of Contract’, shall be taken as balance scope of Work for calculating risk & cost
amount.
Contract quantities are the quantities as per original contract. If, Contract has been amended,
quantities as per amended Contract shall be considered as Contract Quantities.
Items for which total quantities to be executed have exceeded the Contract Quantities based on
drawings issued to contractor from time to time till issue of Termination letter, then for these
items total Quantities as per issued drawings would be deemed to be contract quantities.
Substitute/ extra items whose rates have already been approved would form part of contract
quantities for this purpose. Substitute/ extra items which have been executed but rates have not
been approved, would also form part of contract quantities for this purpose and rates of such
items shall be determined in line with contractual provisions.
However, increase in quantities on account of additional scope in new tender shall not be
considered for this purpose.
NOTE: Incase portion of work is being withdrawn at risk & cost of contractor instead of
termination of contract, contract quantities pertaining to portion of work withdrawn shall be
considered as ‘Balance scope of work’ for calculating Risk & Cost amount.
LD against delay in executed work in case of Termination of Contract:
LD against delay in executed work shall be calculated in line with LD clause no. 2.7.9 of GCC, for
the delay attributable to contractor. For limiting the maximum value of LD, contract value shall be
taken as Executed Value of work till termination of contract.
Method for calculation of “LD against delay in executed work in case of termination of contract” is
given below.
i). Let the time period from scheduled date of start of work till termination of contract excluding the
period of Hold (if any) not attributable to contractor = T1
ii). Let the value of executed work till the time of termination of contract= X
iii). Let the Total Executable Value of work for which inputs/fronts were made available to contractor
and were planned for execution till termination of contract = Y
iv). Delay in executed work attributable to contractor i.e. T2=[1-(X/Y)] x T1
v). LD shall be calculated in line with LD clause (clause 2.7.9) of the Contract for the delay attributable
to contractor taking “X” as Contract Value and “T2” as period of delay attributable to contractor.
2.7.2.2 In case Contractor fails to deploy the resources as per requirement, BHEL can deploy
own/hired/otherwise arranged resources at the risk and cost of the contractor and recover the
expenses incurred from the dues payable to contractor. Recoveries shall be actual expenses
incurred plus 5% overheads or as defined in TCC.
2.7.3 Recoveries arising out of Risk & Cost and LD or any other recoveries due from Contractor
Following sequence shall be applicable for recoveries from contractor:
a) Dues available in the form of Bills payable to contractor, SD, BGs against the same contract.
b) Demand notice for deposit of balance recovery amount shall be sent to contractor, if funds are
insufficient to effect complete recovery against dues indicated in (a) above.
c) If contractor fails to deposit the balance amount to be recovered within the period as prescribed in
demand notice, following action shall be taken for balance recovery:
i) Dues payable to contractor against other contracts in the same Region shall be considered
for recovery.
ii) If recovery cannot be made out of dues payable to the contractor as above, balance amount
to be recovered, shall be informed to other Regions/Units for making recovery from the
Unpaid Bills/Running Bills/SD/BGs/Final Bills of contractor.
iii) In-case recoveries are not possible with any of the above available options, Legal action
shall be initiated for recovery against contractor.
2.7.4 To terminate the contract or to restrict the quantum of work and pay for the portion of work executed
in case BHEL’s contract with their customer are terminated for any reason, as per mutual
agreement.
2.7.5 To effect recovery from any amounts due to the contractor under this or any other contract or in any
other form, the moneys BHEL is statutorily forced to pay to anybody, due to contractor’s failure to
fulfill any of his obligations. BHEL shall levy overheads of 5% on all such payments along with
interest as defined elsewhere in the GCC.
2.7.6 While every endeavor will be made by BHEL to this end, they (BHEL) cannot guarantee
uninterrupted work due to conditions beyond their control. The Contractor will not be normally
entitled for any compensation/extra payment on this account unless otherwise specified elsewhere
in the contract.
2.7.7 BHEL may permit or direct contractor to demobilize and remobilize at a future date as intimated by
BHEL in case of following situations for reasons other than Force majeure conditions and not
attributable to contractor:
i) suspension of work(s) at a Project either by BHEL or Customer,
or
ii) where work comes to a complete halt or reaches a stage wherein worthwhile works cannot be
executed and there is no possibility of commencement of work for a period of not less than
three months
In such cases, charges towards demobilization and remobilization shall be as decided by BHEL
after successful remobilization by contractor at site, and decision of BHEL shall be final and binding
on the contractor. After remobilization, all conditions as per contract shall become applicable. In
case Contractor does not remobilize with adequate resources or does not start the work within the
period as intimated, then BHEL reserves the right to get the balance works done at the Risk & Cost
of the Contractor. Duration of the contract/time extension shall be revised suitably. In case of any
conflict, BHEL decision in this regard shall be final and binding on the contractor.
2.7.8 In the unforeseen event of inordinate delay in receipt of materials, drawings, fronts etc. due to
which inordinate discontinuity of work is anticipated, BHEL on its own or contractor’s request at its
discretion may consider to short close the contract in any of the following cases:
a) The balance works are minor vis a vis the scope of work envisaged as per the contract.
b) There has been no significant work in past 6 months OR no significant work is expected in next 6
months (example in Hydro projects or in projects where work has stopped due to reasons beyond the
control of BHEL).
c) The balance works cannot be done within a reasonable period of time as they are dependent on unit
shut down or on other facilities of customer or any other such reasons not attributable to the
contractor.
At the point of requesting for short closure, contractor shall establish that he has completed all
works possible of completion and he is not able to proceed with the balance works due to
constraints beyond his control. In such a case, the estimated value of the unexecuted portion of
work (or estimated value of services to be provided for carrying out balance works etc.) as decided
by BHEL, shall however be reduced from the final contract value.
Note: The Contractor shall not be eligible for any compensation on account of Quantity Variation
arising out of short-closure of contract as per clause no. 2.7.8 (b) above.
LD for delay in completion of works: In case of delays in completion of the maintenance works
beyond the stipulated time schedule finalized with BHEL solely attributable to contractor, then LD
applicable shall be @ 0.5% of the proportionate daily contract price subject to maximum of 1% of
the monthly contract price for the subject month. The LD amount shall be recovered from the
Contractor's monthly RA bill.
In case of LD recovery, the applicable GST shall also be recovered from contractor.
2.8.1 As far as possible, Unskilled Workers shall be engaged from the local areas in which the work is
being executed.
2.8.2 The contractor at all times during the continuance of this contract shall, in all his dealings with local
labour for the time being employed on or in connection with the work, have due regard to all local
festivals and religious and other customs.
2.8.3 The contractor shall comply with all applicable State and Central Laws, Statutory Rules,
Regulations, Notifications etc. such as Payment of Wages Act, Minimum Wages Act, Workmen
Compensation Act, Employer’s Liability Act, Industrial Disputes Act, Employers Provident Act,
Employees State Insurance Scheme, Contract Labour (Regulation and Abolition) Act, 1970,
Payment of Bonus & Gratuity Act, Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act 1996, The Building and Other Construction Workers’
Welfare Cess Act 1996 and other Acts, Rules, and Regulations for labour/workers as applicable
and as may be enacted by the State Government and Central Govt. during the tenure of the
Contract and having force or jurisdiction at Site. The Contractor shall also comply with provisions of
and give all such notices to the local Governing Body, Police and other relevant Authorities as may
be required by the Law.
2.8.4 The Contractor shall obtain independent License under the Contract Labour (Regulations and
Abolition) Act, 1970 for engaging contract labour as required from the concerned Authorities based
on the certificate (Form- V or as applicable) issued by the Principal Employer/Customer.
2.8.5 The contractor shall pay and bear all taxes, fees, license charges, Cess, duties, deposits, tolls,
royalties, commission or other charges which may be leviable on account of his operations in
executing the contract.
2.8.7 Contractor shall be responsible for provision of Health and Sanitary arrangements (more
particularly described in Contract Labour Regulation & Abolition Act), Safety precautions etc. as
may be required for safe and satisfactory execution of contract.
2.8.8 The contractor shall be responsible for proper accommodation including adequate medical facilities
for personnel employed by him.
2.8.9 The contractor shall be responsible for the proper behavior and observance of all regulations by the
staff employed by him.
2.8.10 The contractor shall ensure that no damage is caused to any person/property of other parties
working at site. If any such damage is caused, it is responsibility of the contractor to make good
the losses or compensate for the same.
2.8.11 All the properties/equipments/components of BHEL/their Client loaned with or without deposit to
the contractor in connection with the contract shall remain properties of BHEL/their Client.
2.8.12 The contractor shall use such properties for the purpose of execution of this contract. All such
properties/equipments/components shall be deemed to be in good condition when received by the
contractor unless he notifies within 48 hours to the contrary. The contractor shall return them in
good condition as and when required by BHEL/their Client. In case of non-return, loss, damage,
repairs etc. the cost thereof as may be fixed by BHEL Engineer will be recovered from the
contractor.
2.8.13 In case the contractor is required to undertake any work outside the scope of this contract, the
rates payable shall be those mutually agreed upon if the item rates are not mentioned in existing
contract.
2.8.14 Any delay in completion of works/or non-achievement of periodical targets due to the reasons
attributable to the contractor, the same may have to be compensated by the contractor either by
increasing manpower and resources or by working extra hours and/or by working more than one
shift. All these are to be carried out by the contractor at no extra cost.
2.8.15 The contractor shall arrange, coordinate his work in such a manner as to cause no hindrance to
other agencies working in the same premises.
2.8.16 All safety rules and codes applied by the Client/BHEL at site shall be observed by the contractor
without exception. The contractor shall be responsible for the safety of the equipment/material and
works to be performed by him and shall maintain all light, fencing guards, slings etc. or other
protection necessary for the purpose. Contractor shall also take such additional precautions as
may be indicated from time to time by the Engineer with a view to prevent pilferage, accidents, fire
hazards. Due precautions shall be taken against fire hazards and atmospheric conditions. Suitable
number of Clerical staff, watch and ward, store keepers to take care of equipment/materials and
construction tools and tackles shall be posted at site by the contractor till the completion of work
under this contract.
The contractor shall arrange for such safety devices as are necessary for such type of work and
carry out the requisite site tests of handling equipment, lifting tools, tackles etc. as per prescribed
standards and practices.
Contractor has to ensure the implementation of Health, Safety and Environment (HSE)
requirements as per directions given by BHEL/Customer. The contractor has to assist in HSE audit
by BHEL/Customer and submit compliance Report. The contractor has to generate and submit
record/reports as per HSE plan/activities as per instruction of BHEL/Customer.
2.8.17 The contractor will be directly responsible for payment of wages to his workmen. A pay roll sheet
giving all the payments given to the workers and duly signed by the contractor’s representative
should be furnished to BHEL site for record purpose, if so called for.
Contractor shall create awareness amongst their workforce by helping & encouraging in opening
bank accounts and to encourage them to adopt digital mode of transactions. While releasing
wages/ salary to their workers/ supervisors/ staff, Contractor shall comply with the GOI’s guidelines
for maximizing such transactions through Non-Cash / digital means.
2.8.18 In case of any class of work for which there is no such specification as laid down in the contract,
such work shall be carried out in accordance with the instructions and requirements of the
Engineer.
2.8.19 Also, no idle charges will be admissible in the event of any stoppage caused in the work resulting in
contractor’s labour and Tools & Plants being rendered idle due to any reason at any time.
2.8.20 The contractor shall take all reasonable care to protect the materials and work till such time the
plant/equipment has been taken over by BHEL or their Client whichever is earlier.
2.8.21 The contractor shall not stop the work or abandon the site for whatsoever reason of dispute,
excepting force majeure conditions. All such problems/disputes shall be separately discussed and
settled without affecting the progress of work. Such stoppage or abandonment shall be treated as
breach of contract and dealt with accordingly.
2.8.22 The contractor shall keep the area of work clean and shall remove the debris etc. while executing
day-to-day work. Upon completion of work, the contractor shall remove from the vicinity of work,
all scrap, packing materials, rubbish, unused and other materials and deposit them in places
specified by the Engineer. The contractor will also demolish all the hutments, sheds, offices etc.
constructed and used by him and shall clean the debris. In the event of his failure to do so, the
same will be arranged to be done by the Engineer and the expenses recovered from the
contractor.
2.8.23 The contractor shall execute the work in the most substantial and workman like manner in the
stipulated time. Accuracy of work and timely execution shall be the essence of this contract. The
contractor shall be responsible to ensure that the quality, assembly and workmanship conform to
the dimensions and clearance given in the drawings and/ or as per the instructions of the
Engineer.
2.8.24 The Contractor to note that some of BHEL’s T&Ps/MMDs may not be insured. The Contractor will
take necessary precautions and due care to protect the same while in his custody from any
damage/ loss till the same is handed over back to BHEL. In case the damage / loss is due to
carelessness/ negligence on the part of the contractor, the Contractor is liable to get them repair/
replaced immediately and in case of his failure to do so within a reasonable time, BHEL will
reserve the right to recover the loss from the contractor.
2.8.25 For all works having contract value of Rs. 5,00,000/- or above, BHEL shall recover the amount of
compensation paid to victim(s) by BHEL towards loss of life/ permanent disability due to an
accident which is attributable to the negligence of contractor, agency or firm or any of its
employees as detailed below.
a) Victim: Any person who suffers permanent disablement or dies in an accident as defined
below.
b) Accident: Any death or permanent disability resulting solely and directly from any unintended
and unforeseen injurious occurrence caused during the manufacturing/ operation and works
incidental thereto at BHEL factories/ offices and precincts thereof, project execution, erection and
commissioning, services, repairs and maintenance, trouble shooting, serving, overhaul,
renovation and retrofitting, trial operation, performance guarantee testing undertaken by the
company or during any works/ during working at BHEL Units/ Offices/ townships and premises/
Project Sites.
i. In the event of death or permanent disability resulting from Loss of both limbs:
Rs. 10,00,000/- (Rs. Ten Lakh).
ii. In the event of other permanent disability: Rs.7,00,000/- (Rs. Seven Lakh)
2.8.26 Contractor shall be fully responsible for their T&Ps and other material mobilized at site. In any
case, BHEL shall not be liable for any damage/loss/misuse of any item(s) belong to the contractor.
commencement of work. The above programme shall be supported by month wise deployment of
resources viz. Manpower, T&P, Consumables, etc. Progress will be reviewed periodically
(Daily/Weekly/Monthly) vis a vis this jointly agreed programme. The Contractor shall submit
periodical progress reports (Daily/Weekly/Monthly) and other reports/information including
manpower, consumables, T&P mobilization etc. as desired by BHEL.
2.9.2 Monthly progress review between BHEL and Contractor shall be based on the agreed programme
as above, availability of inputs/fronts etc., and constraints if any, as per prescribed formats (i.e.
Form F-14). Manpower, T&P and consumable reports as per prescribed formats shall be submitted
by contractor every month. Release of RA Bills shall be contingent upon certification by BHEL Site
Engineer of the availability of the above prescribed formats duly filled in and signed.
2.9.3 The burden of proof that the causes leading to any shortfall is not due to any reasons attributable
to the contractor is on the contractor himself. The monthly progress review shall record shortfalls
attributable to (i) Contractor, (ii) Force Majeure Conditions, and (iii) BHEL
2.9.4 Performance of the Contractor shall be assessed as per prescribed formats and shall form the
basis for ‘Assessment of Capacity of Bidder’ for Tenders where the Contractor is a bidder. BHEL
reserves the right to revise the evaluation formats during the course of execution of the works.
2.10.2 Time being the essence of the contract, the entire work shall be completed by the contractor within
the time schedule or within such extended periods of time as may be allowed by BHEL under
clause 2.11.
2.11.3 However, if any ‘Time extension’ is granted to the contractor to facilitate continuation of work and
completion of contract, due to backlog attributable to the contractor alone, then it shall be without
prejudice to the rights of BHEL to impose penalty/LD for the delays attributable to the contractor, in
addition to any other actions BHEL may wish to take at the risk and cost of contractor.
2.11.4 A joint programme shall be drawn for the balance amount of work to be completed during the
period of ‘Time Extension’, along with matching resources to be deployed by the contractor as per
specified format. Review of the programme and record of shortfall shall be done every month of the
‘Time extension’ period in the same manner as is done for the regular contract period.
2.11.5 During the period of ‘Time extension’, contractor shall maintain their resources as per mutually
agreed program.
2.13.2 ADDITIONAL INTERIM ADVANCE: In exceptional circumstances, with due justification, Competent
Authority of BHEL is empowered to approve proposals for payment of additional interim interest
bearing advance against Bank Guarantee, for resource augmentation towards expediting work for
project implementation.
2.13.3 Bank Guarantee towards ‘Interest Bearing Recoverable Advance’ shall be at least 110% of the
advance so as to enable recovery of not only principle amount but also the interest portion, if so
required.
2.13.4 Contractor shall establish the utilization of advance drawn before the release of next installment.
2.13.5 Payment and recovery of Interest Bearing Recoverable advance shall be at the sole discretion of
BHEL and shall not be a subject matter of arbitration.
2.13.6 The rate of interest applicable for the above advances shall be the base rate of State Bank of India
prevailing on the date of release of advance plus 6%, and such rate will remain fixed till the total
advance amount is recovered.
2.13.7 Unadjusted amount of advances paid shall not exceed 5% of the total contract value at any point of
time. Recovery of advances shall be made from the Running Bills progressively such that the
advance amounts paid along with the interest is fully recovered by the time the contractor’s billing
reaches 90% of contract value.
2.13.9 Contractor to submit Bank Guarantee as per prescribed formats for each of the advance and shall
be valid for at least one year or the recovery duration whichever is earlier. In case the recovery of
dues does not get completed within the aforesaid BG period, the contractor shall renew the BG or
submit fresh BG for the outstanding amount, valid for at least one year or the remaining recovery
duration whichever is earlier.
2.13.10 BHEL is entitled to make recovery of the entire outstanding amount in case the contractor fails to
comply with the BG requirement.
2.14.1 The quantities given in the contract are tentative and may change to any extent (both in plus side
and minus side). The quoted rates for individual items shall remain firm irrespective of any
variations in the individual quantities. No compensation becomes payable in case the variation of
the final executed contract value is within the limits of Minus (-) 15% of awarded contract value.
2.18 INSURANCE
2.18.1 BHEL/customer NTPC shall arrange for insuring the materials/ FGD Plant / properties of
BHEL/NTPC covering the risks during transit, storage, O&M works.
2.18.2 It is the sole responsibility of the contractor to insure his materials, equipment, workmen etc.
against accidents and injury while at work and to pay compensation, if any, to workmen as per
Workmen’s compensation Act. The work will be carried out in a protected area and all the rules
and regulations of the client /BHEL in the area of project which are in force from time to time will
have to be followed by the contractor.
2.18.3 If due to negligence and or non-observation of safety and other precautions by the contractors, any
accident/injury occurs to the property / manpower belong to third party, the contractor shall have to
pay necessary compensation and other expense, if so decided by the appropriate authorities.
2.18.4 The contractor will take necessary precautions and due care to protect the material, while in his
custody from any damage/ loss due to theft or otherwise till the same is taken over by BHEL or
customer. For lodging / processing of insurance claim, the contractor will submit necessary
documents. BHEL will recover the loss including the deductible franchise from the contractor, in
case the damage / loss is due to carelessness / negligence on the part of the contractor. In case of
any theft of material under contractor's custody, matter shall be reported to Police by the contractor
immediately and copy of FIR and subsequently police investigation report shall be submitted to
BHEL for taking up with insurance. However, this will not relieve the contractor of his contractual
obligation for the material in his custody.
the strike or lockout declared is not settled within a period of one month, BHEL shall have the right
to get the work executed through any other agencies at risk and cost of contractor under Clause
2.7.
2.19.2 For all purposes whatsoever, the employees of the contractor shall not be deemed to be in the
employment of BHEL.
2.20.1 "Force Majeure" shall mean circumstance which is: a) beyond a party’s control, b) The party could
not reasonably have provided against before entering into the contract, c) Having arisen, such
party could not reasonably have avoided or overcome, and d) Is not substantially attributable to the
other party. Such circumstances include but not limited to
i) Exceptionally adverse climatic conditions at the site which are unforeseeable having regard to
climate data available or published in the country for the geographical location of the site.
ii) War, hostilities (whether war be declared or not), invasion, act of foreign enemies.
iii) Rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war.
iv) Riot, commotion or disorder by persons other than the contractor’s personnel and other employees
of the contractor and sub-contractors.
v) Strike or lockout not solely involving the contractor’s personnel and other employees of the
contractor and sub-contractors.
vi) Encountering munitions of war, explosive materials, ionizing radiation or contamination by radio-
activity, except as may be attributable to the contractor’s use of such munitions, explosives,
radiation or radio- activity.
vii) Natural catastrophes such as earthquake, tsunami, volcanic activity, hurricane or typhoon, flood,
fire, cyclones etc.
2.20.2 The following events are explicitly excluded from Force Majeure and are solely the responsibilities
of the non-performing party: a) any strike, work-to-rule action, go-slow or similar labour difficulty (b)
late delivery of equipment or material (unless caused by Force Majeure event) and (c) economic
hardship.
2.20.3 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 15 (fifteen) days after the occurrence of such
event.
2.20.4 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 by a period of time equal to period of delay
caused due to such Force Majeure event.
2.20.5 Delay or non-performance by either party hereto caused by the occurrence of any event of Force
Majeure shall not
i) Constitute a default or breach of the Contract.
ii) Give rise to any claim for damages or additional cost expense occasioned thereby, if and to
the extent that such delay or non-performance is caused by the occurrence of an event of
Force Majeure.
2.20.6 BHEL at its discretion may consider short closure of contract after 1 year of imposition of Force
Majeure in line with extant guidelines. In any case, Contractor cannot consider deemed short-
closure after 1 year of imposition of Force Majeure.
2.21.1 ARBITRATION:
2.21.1.1 Except as provided elsewhere in this Contract, in case Parties are unable to reach amicable
settlement (whether by Conciliation to be conducted as provided in Clause 2.21.2 herein below or
otherwise) in respect of any dispute or difference; arising out of the formation, breach, termination,
validity or execution of the Contract; or, the respective rights and liabilities of the Parties; or, in
relation to interpretation of any provision of the Contract; or. in any manner touching upon the
Contract (hereinafter referred to as the ‘Dispute’), then, either Party may, commence arbitration in
respect of such Dispute by issuance of a notice in terms of section 21 of the Arbitration &
Conciliation Act, 1996 (hereinafter referred to as the ‘Notice’). The Notice shall be addressed to the
Head of the Power Sector Region issuing the Contract and shall contain the particulars of all claims
to be referred to arbitration in sufficient detail and shall also indicate the monetary amount of such
claim. Within 60 days of receipt of the complete Notice, the Head of the BHEL Power Sector
Region issuing the Contract shall offer names of three proposed Arbitrators to the invoking Party
advising to choose any one of the three names to be appointed as Sole Arbitrator. On getting
confirmation from the invoking Party regarding the Arbitrator chosen from among the names so
offered, the Head of the BHEL Power Sector Region issuing the Contract, shall appoint such
chosen person as the Sole Arbitrator for conducting the arbitration. The language of arbitration
shall be English.
Subject as aforesaid, the provisions of Arbitration and Conciliation Act 1996 (India) or statutory
modifications or re-enactments thereof and the rules made thereunder as in force from time to
time shall apply to the arbitration proceedings under this clause. The seat of arbitration shall be
New Delhi/Noida. The Contract shall be governed by and be construed as per provisions of the
laws of India. Subject to this provision 2.21.1.1 regarding ARBITRATION, the principal civil court
exercising ordinary civil jurisdiction over the area where the seat of arbitration is located shall have
exclusive jurisdiction over any DISPUTE to the exclusion of any other court.
2.21.1.2 In case of Contract with Public Sector Enterprise (PSE) or a Government Department, the
following shall be applicable:
In the event of any dispute or difference relating to the interpretation and application of the
provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/ Port
Trusts inter se and also between CPSEs and Government Departments/Organizations
(excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such
dispute or difference shall be taken up by either party for resolution through AMRCD
(Administrative Mechanism for Resolution of CPSEs Disputes) as mentioned in DPE OM No.
4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018 as amended from time to time.
2.21.1.3 The cost of arbitration shall initially be borne equally by the Parties subject to the final allocation
thereof as per the award/order passed by the Arbitrator.
2.21.1.4 Notwithstanding the existence of any dispute or differences and/or reference for the arbitration, the
Contractor shall proceed with and continue without hindrance the performance of its obligations
under this Contract with due diligence and expedition in a professional manner unless the dispute
inter-alia relates to cancellation, termination or short-closure of the Contract by BHEL.
2.21.2 CONCILIATION:
If at any time (whether before, during or after the arbitral or judicial proceedings), any Disputes
(which term shall mean and include any dispute, difference, question or disagreement arising in
connection with construction, meaning, operation, effect, interpretation or breach of the
agreement, contract), which the Parties are unable to settle mutually, arise inter-se the Parties,
the same may, be referred by either party to Conciliation to be conducted through Independent
Experts Committee (IEC) to be appointed by competent authority of BHEL from the BHEL Panel
of Conciliators.
Notes:
1. No serving or a retired employee of BHEL/Administrative Ministry of BHEL shall be included
in the BHEL Panel of Conciliators.
2. Any other person(s) can be appointed as Conciliator(s) who is/are mutually agreeable to
both the parties from outside the BHEL Panel of Conciliators.
The proceedings of Conciliation shall broadly be governed by Part-III of the Arbitration and
Conciliation Act 1996 or any statutory modification thereof and as provided in Procedure 2.3 to
this GCC. The Procedure 2.3 together with its Formats will be treated as if the same is part and
parcel hereof and shall be as effectual as if set out herein in this GCC.
The Contractor hereby agrees that BHEL may make any amendments or modifications to the
provisions stipulated in the Procedure 2.3 to this GCC from time to time and confirms that it
shall be bound by such amended or modified provisions of the Procedure 2.3 with effect from
the date as intimated by BHEL to it.
2.23 PAYMENTS
Payments to Contractors are made in any one of the following forms: -
specifications, BHEL may ask the contractor to redo the work according to the required
specifications, without any extra cost. However, where this is not considered necessary ‘OR’ where
the part work is done due to factors like non-availability of material to be supplied by BHEL ‘OR’
non availability of fronts ‘OR’ non availability of drawings, fraction payment against full rate, as is
considered reasonable, may be allowed with due regard for the work remaining to be done. BHEL
decision in this regard will be final and binding on the contractor.
v) In order to facilitate part payment, BHEL at its discretion may further split the contracted
rates/percentages to suit site conditions, cash flow requirements according to the progress of work,
subject to following:
a) Provided no ‘part’ payment is recommended till 25% of work in the item rate is executed.
b) Payment of item rate to be made in not more than three instalments, last stage payment to be not
lower than 20% of the item rate.
BHEL shall settle the final bills after deducting all liabilities of Contractor to BHEL.
2.24.2 BHEL shall release the Security Deposit subject to the following
i) Contractor has submitted ‘Final Bill’
ii) Guarantee period as per contract has expired
iii) Contractor has furnished ‘No Claim Certificate’ in specified format
iv) BHEL Site Engineer/Construction Manager has furnished the ‘No Demand Certificate’ in specified
format
v) Contractor has carried out the works required to be carried out by him during the period of
Guarantee and all expenses incurred by BHEL on carrying out such works is included for
adjustment from the Security Deposit refundable.
FORMS &
PROCEDURES
(Document No. PS:MSX:F&P)
INDEX
1.0 Forms
1.1 Offer forwarding Letter/Submission of Tender F-1 (Rev 00)
F-2 (Rev 00)
1.2 Declaration by Authorised Signatory
1.4 Declaration confirming knowledge about Site Conditions F-4 (Rev 00)
1.9 Capacity Evaluation of Bidder for current Tender F-9 (Rev 00)
1.12 Bank Guarantee for Interest Bearing Refundable Advance F-12 (Rev 00)
1.14 Monthly Plan & Review with Contractors F-14 (Rev 00)
1.18 Evaluation of Contractor Performance for the Contract (Overall) F-18 (Rev 01) Under
revision ##
FORMS and Procedures (Document no PS:MSX:F&P, Rev 01, 1st June 2012) Page 2
FORMS & PROCEDURES
1.25 Power of Attorney for Submission of Tender/Signing Contract F-25 (Rev 00)
Agreement
1.28 Final Bill Submission format with No Claim Certificate and No WAM-7
Demand Certificate
1.29
1.30
2.0 Procedures
2.1 Procedure and Business Rules for Reverse Auction As per Company Policy
FORMS and Procedures (Document no PS:MSX:F&P, Rev 01, 1st June 2012) Page 3
Form No: F-01 (Rev 00)
To,
Dear Sir,
I/We hereby offer to carry out the work detailed in the Tender Specification issued by Bharat Heavy
Electricals Limited, Power Sector-………………………………………., in accordance with the terms and
conditions thereof.
I/We have carefully perused the following listed documents connected with the above work and agree to
abide by the same.
Should our Offer be accepted by BHEL for Award, I/we further agree to furnish ‘Security Deposit’ for the
work as provided for in the Tender Conditions within the stipulated time as may be indicated by BHEL.
I/We further agree to execute all the works referred to in the said Tender documents upon the terms and
conditions contained or referred to therein and as detailed in the appendices annexed thereto.
I/We have deposited/depositing herewith the requisite Earnest Money Deposit (EMD) as per details
furnished in the Check List.
Place:
Date:
Form No: F-02 (Rev 00)
DECLARATION BY AUTHORISED SIGNATORY OF BIDDER
(To be typed and submitted in the Letter Head of the Company/Firm of Bidder)
--------------------------------------------------------------------------------------------------------------------------
To,
Dear Sir,
I/We, hereby certify that all the information and data furnished by me with regard to the
above Tender Specification are true and complete to the best of my knowledge. I have gone
through the specifications, conditions, stipulations and all other pertinent issues till date, and
agree to comply with the requirements and Intent of the specification.
Yours faithfully,
Date:
Dear Sir,
I/We, hereby certify that all the documents submitted by us in support of possession of
“Qualifying Requirements” are true copies of the original and are fully compliant required for
qualifying / applying in the bid and shall produce the original of same as and when required
by Bharat Heavy Electricals Limited.
I / We hereby further confirm that no tampering is done with documents submitted in support
of our qualification as bidder. I / We understand that at any stage (during bidding process or
while executing the awarded works) if it is found that fake / false / forged bid qualifying /
supporting documents / certificates were submitted, it would lead to summarily rejection of
our bid / termination of contract. BHEL shall be at liberty to initiate other appropriate actions
as per the terms of the Bid / Contract and other extant policies of Bharat Heavy Electricals
Limited.
Yours faithfully,
Date:
Form No: F-03 (Rev 00)
NO DEVIATION CERTIFICATE
(To be typed and submitted in the Letter Head of the Company/Firm of Bidder)
--------------------------------------------------------------------------------------------------------------------------
To,
Dear Sir,
We hereby confirm that we have not changed/ modified/materially altered any of the tender
documents as downloaded from the website/ issued by BHEL and in case of such
observance at any stage, it shall be treated as null and void.
We also hereby confirm that we have neither set any Terms and Conditions and nor have
we taken any deviation from the Tender conditions together with other references
applicable for the above referred NIT/Tender Specification.
We further confirm our unqualified acceptance to all Terms and Conditions, unqualified
compliance to Tender Conditions, Integrity Pact (if applicable) and acceptance to Reverse
Auctioning process.
We confirm to have submitted offer in accordance with tender instructions and as per
aforesaid references.
Thanking you,
Yours faithfully,
Dear Sir,
I/We, hereby offer to carry out work as detailed in above mentioned Tender Specification,
in accordance with Terms & Conditions thereof.
Yours faithfully,
Date :
Place:
Form No: F-05 (Rev 00)
Dear Sir,
OR
(i)
(ii)
Note:
Date:
Form No: F-07 (Rev 00)
1. Beneficiary Name :
4. City/Place :
7. Beneficiary E-mail ID :
(for payment confirmation)
NOTE: In case Bank endorsed certificate regarding above has already been submitted earlier, Kindly
submit photocopy of the same
Form No: F-08 (Rev 00)
FORMAT FOR SEEKING CLARIFICATION
(To be typed and submitted in the Letter Head of the Company/Firm of Bidder)
--------------------------------------------------------------------------------------------------------------------------
To,
Dear Sir,
Reference
Sl clause of
Existing provision Bidder's query BHEL’s clarification
no Tender
Document
1
Yours faithfully,
CURRENT
STATUS OF THE %AGE OF VALUE OF
CONTRACT
DESCRIPTION OF WORK WORK ORDER REF & CUSTOMER NAME & JOB ALONG WORK BALANCE
SL NO. VALUE
(Similar to Tendered Scope) DATE ADDRESS WITH LATEST COMPLETE WORK
(Rs. LACS)
MILE STONE D (Rs. Lacs)
COMPLETED
1
10
NOTES:
1. BIDDERS ARE REQUIRED TO FURNISH ALL THE JOBS OF SIMILAR NATURE WHICH THEY ARE EXECUTING (IN PROGRESS) AT THE TIME OF
SUBMISSION OF TENDER, AS PER ABOVE FORMAT.
2. BIDDERS HEREBY UNDERTAKE THAT THEY HAVE FURNISHED THE DETAILS SOUGHT AS PER POINT NO. 1 IN TOTALITY AND THAT THE DETAILS
FURNISHED IS COMPLETE IN ALL RESPECT.
3. BHEL WILL TAKE APPROPRIATE ACTION AS DEEMED FIT , IN CASE, IT IS FOUND AT A LATER DATE THAT THE CONTRACTOR HAD SUPPRESSED THE
FACTS AND HAVE NOT FURNISHED THE CORRECT & COMPLETE INFORMATIONS.
Signature
DATE :
PLACE: Name, Designation & Seal of Bidder
CONTRACT AGREEMENT Form No: F-10 (Rev 00)
----------------------------------------------------------------------------------------------------------------------------- -----------
CONTRACT AGREEMENT
NAME OF WORK
___________________________ ______________________________
SIGNATURE OF CONTRACTOR (SIGNATURE OF BHEL OFFICER )
Page 1 of 4
CONTRACT AGREEMENT Form No: F-10 (Rev 00)
----------------------------------------------------------------------------------------------------------------------------- -----------
CONTRACT AGREEMENT
AND
M/S _____________________________________________________________
__________________________________ (hereinafter called the `Contractor') of the
SECOND PART.
THIS AGREEMENT WITNESSES AND it is hereby agreed by and between the parties as follows:
2. The Contractor is required to furnish to BHEL Security deposit in the form of cash/
approved securities/ Bank Guarantee valid upto ------------- for a sum of Rs.-------------
towards satisfactory performance and completion of the Contract.
OR
OR
Page 2 of 4
CONTRACT AGREEMENT Form No: F-10 (Rev 00)
----------------------------------------------------------------------------------------------------------------------------- -----------
4. The Contractor hereby agrees to extend the validity of the Bank Guarantee for such
further period or periods as may be required by BHEL and if the Contractor fails to
obtain such extension(s) from the Bank, the Contractor, shall pay forthwith or accept
recovery of Rs.------------ from the bills in one installment and the contractor further
agrees that failure to extend the validity of the Bank Guarantee or failure to pay the
aforesaid amount in the manner specified above shall constitute breach of contract.
In addition to above, BHEL shall be entitled to take such action as deemed fit and
proper for recovering the said sum of Rs.------------
OR
In case the contractor furnishes the bank guarantee at a later date the contractor
hereby agrees to extend the validity of bank guarantee for such further period or
periods as may be required by BHEL and if the contractor fails to obtain such
extension(s) from the bank, the contractor shall pay forthwith or accept recovery of the
amount of bank guarantee given in lieu of security deposit from the bills in one
installment and the contractor further agrees that failure to extend the validity of bank
guarantee or failure to pay the aforesaid amount in the manner specified above shall
constitute breach of contract. In addition to above, BHEL shall be entitled to take such
action as deemed fit and proper for recovering the said sum.
6. That the Contractor shall be deemed to have carefully examined this Agreement and
the documents governing the same and also to have satisfied himself as to the nature
and character of the Works to be executed by him.
7. That the Contractor shall carry out and complete the execution of the said works to the
entire satisfaction of the Engineer or such other officer authorised by BHEL, within the
agreed time schedule.
8. That BHEL shall, after proper scrutiny of the bills submitted by the Contractor; pay to him
during the progress of the said works such sum as determined by BHEL in accordance
with this Agreement.
9. That this Agreement shall be deemed to have come into force from -------- the date on
which the letter of Award has been issued to the Contractor.
10. That whenever under this contract or otherwise, any sum of money shall be
recoverable from or payable by the Contractor, the same may be deducted in the
manner as set out in the General Conditions of Contract or other conditions governing
this Agreement.
11. That all charges on account of Octroi, Terminal and other taxes including sales tax or
other duties on material obtained for execution of the said works shall be borne and
paid by the Contractor.
12. That BHEL shall be entitled to deduct from the Contractor's running bills or otherwise
Income Tax as per prevailing Income Tax Act.
13. That BHEL shall be further entitled to recover from the running bills of the Contractor or
otherwise such sum as may be determined by BHEL from time to time in respect of
Page 3 of 4
CONTRACT AGREEMENT Form No: F-10 (Rev 00)
----------------------------------------------------------------------------------------------------------------------------- -----------
consumables supplied by BHEL, hire charges for tools and plants issued (Where
applicable) and any other dues owed by the Contractor.
14. That it is hereby agreed by and between the parties that non- exercise, forbearance or
omission of any of the powers conferred on BHEL and /or any of its authorities will not
in any manner constitute waiver of the conditions hereto contained in these presents
and the liability of the Contractor with respect to compensation payable to BHEL or
Contractor's obligations shall remain unaffected.
15. It is clearly understood by and between the parties that in the event of any conflict
between the Letter of Award and other documents governing this Agreement, the
provisions in the Letter of Award shall prevail.
4. _________________________________________________________
5. _________________________________________________________
7. _________________________________________________________
IN WITNESS HEREOF, the parties hereto have respectively set their signatures in the presence of
WITNESS (CONTRACTOR)
(to be signed by a person holding
1. a valid Power of Attorney)
2.
1.
2.
Page 4 of 4
Form WAM 23
Form No: F-11
PROFORMA OF BANK GUARANTEE (in lieu of SECURITY DEPOSIT)
We ______________(indicate the name and address of the Bank) having its Head Office at
__________(address of the head Office) (hereinafter referred to as the Bank), at the request of
_________________[Contractor(s)], being the Guarantor under this Guarantee, do hereby
irrevocably and unconditionally undertake to forthwith and immediately pay to the Employer,
an amount not exceeding Rs._______________ without any demur, immediately on demand
from the Employer and without any reservation, protest, and recourse and without the Employer
needing to prove or demonstrate reasons for its such demand.
Any such demand made on the bank, shall be conclusive as regards the amount due and payable
by the Bank under this guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs._______________.
We undertake to pay to the Employer any money so demanded notwithstanding any dispute or
disputes raised by the Contractor(s) in any suit or proceeding pending before any Court or
Tribunal or Arbitrator or any other authority, our liability under this present being absolute and
unequivocal.
The payment so made by us under this guarantee shall be a valid discharge of our liability for
payment hereunder and the Contractor(s) shall have no claim against us for making such
payment.
We, further agree that the guarantee herein contained shall remain in full force and effect during
the period that would be taken for the performance of the said Contract and that it shall continue
to be enforceable till all the dues of the Employer under or by virtue of the said Contract have
been fully paid and its claims satisfied & the Employer certifies that the terms and conditions of
the said Contract have been fully and properly carried out by the said contractor(s) or acceptance
of the final bill or discharge of this guarantee by the Employer, whichever is earlier. This
guarantee shall initially remain in force upto and including ________5 and shall be extended
from time to time for such period as may be desired by the Employer. Unless a demand or claim
under this guarantee is made on us in writing on or before the ____________6, we shall be
discharged from all the liability under this guarantee thereafter.
We, ____(indicate the name of the Bank)____ further agree with the Employer that the Employer
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Contract or to extend
time of performance by the said contractor(s) from time to time or to postpone for any time or
Page 1 of 3
Form WAM 23
Form No: F-11
PROFORMA OF BANK GUARANTEE (in lieu of SECURITY DEPOSIT)
from time to time any of the powers exercisable by the Employer against the said contractor(s)
and to forbear or enforce any of the terms and conditions relating to the said Contract and we
shall not be relieved from our liability by any reason of any such variation or extension being
granted to the said contractor(s) or for any forbearance, act or omission on the part of the
Employer or any indulgence by the Employer to the said contractor(s) or by any such matter or
thing whatsoever which under the law relating to sureties would but for this provision have effect
of so relieving us.
The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Contractor and notwithstanding any security or other guarantee that the Employer may have in
relation to the Contractor's liabilities.
This Guarantee shall not be determined or affected by liquidation or winding up, dissolution or
change of constitution or insolvency of the Contractor but shall in all respects and for all purposes
be binding and operative until payment of all money payable to the Employer in terms thereof.
This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s).
We,………………. Bank lastly undertake not to revoke this guarantee during its currency except
with the previous consent of the Employer in writing.
Notwithstanding anything to the contrary contained hereinabove:
a) The liability of the Bank under this Guarantee shall not exceed………………………… 4
c) Unless the Bank is served a written claim or demand on or before _____________6 all rights
under this guarantee shall be forfeited and the Bank shall be relieved and discharged from all
liabilities under this guarantee irrespective of whether or not the original bank guarantee is
returned to the Bank.
We, _____________ Bank, have power to issue this Guarantee under law and the undersigned
as a duly authorized person has full powers to sign this Guarantee on behalf of the Bank.
Page 2 of 3
Form WAM 23
Form No: F-11
PROFORMA OF BANK GUARANTEE (in lieu of SECURITY DEPOSIT)
Note:
1. Bidders are advised that expiry of claim period may be kept 3-6 months after validity date..
2. The BG should be on Non-Judicial Stamp paper/ e-stamp paper of appropriate value as per
Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the
rate prevailing in the State where the BG was executed, whichever is higher. The Stamp
Paper/ e-stamp paper shall be purchased in the name of Vendor/ Contractor/ Supplier/ Bank
issuing the guarantee.
a. From Nationalized/ Public Sector/ Private Sector/ Foreign Banks (BG issued by
Branches in India) can be accepted subject to the condition that the Bank Guarantee
should be enforceable in the town/ city or at nearest branch where the Unit is located i.e.
Demand can be presented at the Branch located in the town/city or at nearest branch where
the Unit is located.
b. From Foreign Banks (wherein Foreign Vendors intend to provide BG from local
branch of the Vendor country’s Bank)
b.1 In such cases, Bank Guarantee issued by any of the Consortium Banks only will be
accepted by BHEL. As such, Foreign Vendor needs to make necessary arrangements for
issuance of Counter- Guarantee by Foreign Bank in favour of the Indian Bank’s (BHEL’s
Consortium Bank) branch in India. All charges for issuance of Bank Guarantee/ counter-
Guarantee should be borne by the Foreign Vendor.
b.2 In case, Foreign Vendors intend to provide BG from Overseas Branch of our Consortium
Bank (e.g. if a BG is to be issued by SBI Frankfurt), the same is acceptable. However, the
procedure at sl.no. b.1 will required to be followed.
b.3 The BG issued may preferably be subject to Uniform Rules for Demand Guarantees (URDG)
758 (as amended from time to time).
Page 3 of 3
Form No: F-12 (Rev 00)
BANK GUARANTEE FOR INTEREST BEARING REFUNDABLE ADVANCE
----------------------------------------------------------------------------------------------------------------
AND WHEREAS the Contract inter-alia provides that the Company will pay to
the Contractor interest bearing advance of Rs._______
(Rupees____________________________________ only) on certain terms and conditions
specified in the Contract subject to the Contractor furnishing a Bank Guarantee for
Rs._______ (Rupees_________________________________ only) in favour of the
Company.
AND WHEREAS the Company has agreed to accept a Bank Guarantee from a Bank to
cover the said advance.
AND WHEREAS the Contractor has approached the Guarantor and in consideration of
the arrangement arrived at between the Contractor and the Guarantor, the Guarantor has agreed
to give the Guarantee as hereinafter mentioned in favour of the Company.
Page 1 of 3
Form No: F-12 (Rev 00)
BANK GUARANTEE FOR INTEREST BEARING REFUNDABLE ADVANCE
----------------------------------------------------------------------------------------------------------------
(2) The decision of the Company whether the Contractor has failed to utilise the said
advance or any part thereof for the purpose of the Contract and / or as to the extent of loss
or damage caused to or suffered by the Company by reason of the Company not being
able to recover in full the said sum of Rs.__________ with interest if any shall be final
and binding on the Guarantor, irrespective of the fact whether the Contractor admits or
denies the default or questions the correctness of any demand made by the Company in
any Court Tribunal or Arbitration proceedings or before any other Authority.
(3) The Company shall have the fullest liberty without affecting in any way the liability of
the Guarantor under this Guarantee, from time to time to vary any of the terms
and conditions of the Contract or extend time of performance by the Contractor or to
postpone for any time and from time to time any of the powers exercisable by it against
the Contractor and either enforce or forebear from enforcing any of the terms and conditions
governing the Contract or securities available to the Company and the Guarantor shall not
be released from its liability under these presents by any exercise by the Company of the
liberty with reference to the matters aforesaid or by reasons of time being given to the
Contractor or any other forbearance, act or commission on the part of the Company or any
indulgence by the Company to the Contractor or of any other matter or thing whatsoever
which under the law relating to sureties would, but for this provision have the effect of
so releasing the Guarantor from its liability under this guarantee.
(4) The Guarantor further agrees that the Guarantee herein contained shall remain in full
force and effect during the period till the Company discharges this Guarantee, subject to
however, that the Company shall have no claim under this Guarantee after_____ i.e. (the
present date of validity of Bank Guarantee unless the date of validity of this Bank
Guarantee is further extended from time to time, as the case may be) unless a notice of the
claim under this Guarantee has been served on the Guarantor before the expiry of the
said period in which case the same shall be enforceable against the Guarantor not
withstanding the fact that the same is enforced after the expiry of the said period.
(5) The Guarantor undertakes not to revoke this Guarantee during the period it is in force
except with the previous consent of the Company in writing and agrees that any
liquidation or winding up or insolvency or dissolution or any change in the constitution
of the Contractor or the Guarantor shall not discharge the Guarantor's liability hereunder.
(6) It shall not be necessary for the Company to proceed against the Contractor before
proceeding against the Guarantor and the Guarantee herein contained shall be enforceable
against them notwithstanding any security which the Company may have obtained or obtain
from the Contractor shall at the time when proceedings are taken against the Guarantor
hereunder be outstanding or unrealised.
(7) Notwithstanding anything contained herein before, our liability under the Guarantee
is restricted to Rs.______(Rupees_____________). Our guarantee shall remain in force
until ____________, i.e. the present date of validity of Bank Guarantee unless the date of
validity of this Bank Guarantee is further extended from time to time. Unless a claim or
demand under this guarantee is made against us on or before---------, we shall be
discharged from our liabilities under this Guarantee thereafter.
Page 2 of 3
Form No: F-12 (Rev 00)
BANK GUARANTEE FOR INTEREST BEARING REFUNDABLE ADVANCE
----------------------------------------------------------------------------------------------------------------
(8) Any claim or dispute arising under the terms of this document shall only be enforced or
settled in the courts at New Delhi/ Delhi only.
(9) The Guarantor hereby declares that it has power to execute this Guarantee under its
Memorandum and Articles of Association and the executant has full powers to do so on its
behalf under the Power of Attorney dated__________ (To be incorporated by the Bank)
granted to him by the proper authorities of the Guarantor.
IN WITNESS whereof the ___________(Bank) has hereunto set and subscribed its hand
the day, month and year first, above written.
(Signatory No.-----------------------)
DATED:
SEAL
==================================================================
Notes :
Page 3 of 3
Form No: F-13 (Rev 00)
To
Dear Sir
Except as provided above, all other terms and conditions of the Original Bank Guarantee No
……………………. Dated……………… shall remain unaltered and binding on us.
Kindly treat this extension as an integral part of the original Bank Guarantee to which it
would be attached.
Yours faithfully
Signature…………….
Name & Designation…………………..
Power of Attorney/Signing Power No
Seal of Bank
Form No: F-14 (Rev 01)
PART- A: PLAN/ REVIEW OF WORK FOR THE MONTH OF ………….………….. Date of Plan/ Review…………………
Planned Cumulative REMARKS
Shortfall Shortfall attributable Cumulative Shortfall
Unit of (Reasons for
Unit (QTY Planned for the attributable to to BHEL w.r.t Plan attributable to Contractor
SN. Description of Work Measur- Achieved Shortfall
Rate month as per Part –C contractor upto (as per Col. 3 of Part- upto & including this
ement attributable to
of last month) last month D) month
Contractor.
(Refer Note 1)
Supporting
(a) (b) (c) (d) A B C D E=A+B-C-D documents to be
Phy. Financial Phy Financial Phy. Financial Phy. Financial Phy. Financial kept as record.)
BHEL CONTRACTOR
(Sign with name, designation and date) (Sign with name, designation and date)
Form No: F-14 (Rev 01)
PART- A: Contd…….
Note 1: In addition to the work planned as per Col. ‘A’, Contractor shall also make full efforts to minimize the ‘Cumulative shortfall attributable to contractor upto the month’
as mentioned in Col. ‘B’ by enhancing its resources, so as to achieve the completion of activities as per agreed schedule. In case contractor is not able to execute the entire shortfall,
then BHEL ‘Engineer in-charge’, shall decide the priority of work to be executed and it shall be binding on the contractor.
Note 2: Percentage Shortfall attributable to contractor w.r.t. “Plan - Shortfall attributable to BHEL” for the month = [(ƩE-ƩB)/(ƩA-ƩD)]x100
In case, (ƩE-ƩB) is negative, then it shall be treated as zero percent."
Note 3: Form 14 should include all items being planned in the current month, and all items against which shortfall was attributable to contractor till previous month. However, for practical
reason, if it is not possible to mention some of the items in Form-14 being planned to be executed in this month, then also value of such items shall necessarily be included in calculation of
Total Value.
Note 4: In case reason for shortfall attributable to contractor is w.r.t. T&P and Manpower, it should be in conformity with Part B1 and B2.
BHEL CONTRACTOR
(Sign with name, designation and date) (Sign with name, designation and date)
Form No: F-14 (Rev 01)
PART – B-1: PLAN/REVIEW OF DEPLOYMENT OF MAJOR T&Ps FOR THE MONTH OF ………….………….. Date of Plan/ Review…………………
CONTRACTOR'S SCOPE: -
PLAN DEPLOYMENT STATUS
Actual REMARKS
SN. Major T&P to be Deployment Weightage assigned to Actual
Deployment Weighted T&P (Works affected due to
deployed as per work QTY Period planned T&P Deployed
Period Deployed non-deployment of
planned for the month (in days) (in fraction such that ƩC =1) Quantity
(in days) T&Ps)
A B C D E F=(C x D x E) / (A x B)
Note: In case, E>B, it shall be considered as E=B. Similarly, in case D>A, it shall be considered as D=A.
Percentage of T&P Deployed = ƩF x 100
BHEL SCOPE: -
PLAN DEPLOYMENT STATUS
BHEL CONTRACTOR
(Sign with name, designation and date) (Sign with name, designation and date)
Form No: F-14 (Rev 01)
PART – B-2: PLAN/ REVIEW OF DEPLOYMENT OF MANPOWER FOR THE MONTH OF ………….………….. Date of Plan/ Review…………………
CONTRACTOR'S SCOPE: -
Actual
No. of Labour Deployment No. of Labour
Category of Deployment REMARKS
SN. Area of Work required as per Period actually
Labour Period (Works affected due to non-availability of labour)
category (in days) deployed
(in days)
A B C D
BHEL CONTRACTOR
(Sign with name, designation and date) (Sign with name, designation and date)
Form No: F-14 (Rev 01)
PART – C: PLAN(PHYSICAL) FOR THE NEXT MONTH i.e. ………….………….. Date of Plan …………………
Planned T&Ps Required Manpower Required
Quantity Contractor Scope BHEL Scope REMARKS
Original (excluding Unit of No. of (Reasons for difference in
Description of Major T&P to Category Labour
SN. Planned shortfalls Measu- Major T&P to be Original Planned Quantity
work be deployed as of required
Quantity attributable rement deployed as per w.r.t. Planned quantity to be
per work Quantity Quantity Labour as per
to contractor work planned for given)
planned for the Category
till date) the month
month
Note 1: Planned quantity should be based on available/ expected fronts/ inputs in the next month
Note 2: “Original Planned Quantity” shall be as per latest jointly agreed programme between BHEL and Contractor before commencement of work or at the time of latest Time Extension,
as the case may be.
BHEL CONTRACTOR
(Sign with name, designation and date) (Sign with name, designation and date)
Form No: F-14 (Rev 01)
PART – D: REASONS FOR SHORTFALL ATTRIBUTABLE TO BHEL IN RESPECT OF PLAN FOR THE MONTH………………
Quantities Affected
Description of Work Unit of Reasons for Shortfall attributable to Agency responsible for Remarks (Supporting Documents in respect of
SN. (Physical
(from Part-A) Measu- BHEL reasons for Shortfall agency responsible)
Quantity)
rement
1 2 3 4 5 6 7
Note1: Reasons for shortfall shall include non-availability of fronts/ drawings/ materials/ T&P (BHEL Scope)/ clearances etc. and other hindrances for which contractor is not responsible.
Note2: Agency responsible may be BHEL Site/ MUs/ Design Centre/ BHEL Customer/ other Contractors etc.
BHEL
(Sign with name, designation and date)
MONTHLY PERFORMANCE EVALUATION OF CONTRACTOR Form No.: F-15 (Rev 03)
Page 1 of 5
Name and Signature of BHEL Package In-charge Name and Signature of Contractor
MONTHLY PERFORMANCE EVALUATION OF CONTRACTOR Form No.: F-15 (Rev 03)
Page 2 of 5
#2.05 Number of days delayed in submission of Running PERFORMANCE 2 Number of days delayed / Scheduled date Daily Log Book entry/Incident
bills with complete supporting documents is 7th day of next month Registers/letter references
(including updated reconciliation statement of
BHEL issued material) for the month
#2.06 Number of times the Top Management of PERFORMANCE 1 Total number of instances Daily Log Book entry/Incident
contractor did not respond to critical issues of site, Registers/letter references
for the month
#2.07 Cumulative number of days in the month the PERFORMANCE 2 Cumulative number of days lost Daily Log Book entry/Incident
works were stopped / refused on interpretation of Registers/letter references
contract clauses/scope due to tendency of taking
undue advantage by interpreting contract clauses
in their favour
#2.08 Number of times rework was refused by contractor PERFORMANCE 1 Total number of non-compliances Daily Log Book entry/Incident
Registers/letter references
Name and Signature of BHEL Package In-charge Name and Signature of Contractor
MONTHLY PERFORMANCE EVALUATION OF CONTRACTOR Form No.: F-15 (Rev 03)
Page 3 of 5
Name and Signature of BHEL Package In-charge Name and Signature of Contractor
MONTHLY PERFORMANCE EVALUATION OF CONTRACTOR Form No.: F-15 (Rev 03)
Page 4 of 5
Less Deduction in Score Due to Fatal Accidents attributable to the Contractor @ 20 points/ accident
Less Deduction in Score Due to Major Accidents (Permanent Disability or bodily injury by which person
injured is prevented to resume to work within 48 hours or more after accident,, Major Damage to Equipment
etc.) attributable to the contractor @ 15 points/ accident
Less Deduction in Score Due to Minor Accidents attributable to the contractor @ 2 points/ accident
Less Deduction in Score Due to not Maintaining of Labour Colony (if applicable) as per BHEL HSE policy
@3 points in a month on verification any day
Final Score
Name and Signature of BHEL Package In-charge Name and Signature of Contractor
MONTHLY PERFORMANCE EVALUATION OF CONTRACTOR Form No.: F-15 (Rev 03)
Page 5 of 5
Note:
1) It is only indicative and shall be as per the online format issued by BHEL time to time.
2) No request will be entertained after specified date of current month w.r.t. changes requested in the scores of immediate previous month.
Name and Signature of BHEL Package In-charge Name and Signature of Contractor
Annexure-AA to Form F-15
2b Availability of Qualified safety officer (1 for every 500 labour) M 2 Safety Officer qualification &
experience records
2c Availability of Qualified safety supervisor (1 for every 100 labour ) M 2 Safety Officer qualification &
experience records
All the workers are provided and using safety helmets and safety PPE Issue Records, Inspection/
2d M 2
shoes/gum boots non-conformity records
Housekeeping records,
2e Housekeeping done on regular basis and scrap removal at site M 1 Inspection/ non-conformity
records
Usage of Goggles/Face shields and Hand gloves for gas cutter and PPE Issue Records, Inspection/
2f 1
grinders non-conformity records
Inspection/ non-conformity
2g Wall openings & floor openings are guarded? 1
records
Inspection/ non-conformity
2h Adequate illumination provided in all working area? 1
records
Safety posters, sign boards and emergency contact numbers in all Inspection/ non-conformity
2i 1
prominent location are displayed? records
Availability of automatic reverse horns, Main horn, hook latches Inspection/ non-conformity
2j 1
for Vehicles, mobile cranes, Hydras records
Ban of carrying mobile phones to work place is implemented for Inspection/ non-conformity
2k 1
workers records
Availability of Tags & Inspection Certificates for Cranes of all Master T&P List with internal &
2l 1
capacities external test details
Availability of Tags & Inspection Certificates for Winches of all Master T&P List with internal &
2l.2 1
capacities external test details
Availability of Tags & Inspection Certificates, colour coding for Master T&P List with internal &
2l.3 1
Chain pulley blocks external test details
Availability of Tags & Inspection Certificates for Vehicles - Trailers, Master T&P List with internal &
2l.4 1
Dozers, Dumpers, Excavators, Mixers etc. external test details
Availability of Tags & Inspection Certificates for Welding Master T&P List with internal &
2l.5 1
machines, grinders, Drilling machines, etc. external test details
Page 1 of 3
Availability of Tags & Inspection Certificates, colour coding for Master T&P List with internal &
2l.6 1
Wire rope slings etc. external test details
Master T&P List with internal &
2l.7 Availability of Tags & Inspection Certificates for Batching plants 1
external test details
2m.1 Use of Lifting Permit as per requirement 1 Permit Records
2m.2 Use of Height Permit as per requirement 1 Permit Records
2m.3 Use of Hot Work Permit as per requirement 1 Permit Records
2m.4 Use of Excavation permit as per requirement 1 Permit Records
2m.5 Use of Confined space work permit as per requirement 1 Permit Records
Use of Grating removal and safety net removal permit as per
2m.6 1
requirement Permit Records
2m.7 Use of Lockout-Tag out permit as per requirement 1 Permit Records
2m.8 Use of Radiography permit as per requirement 1 Permit Records
2m.9 Use of Night/ Holiday Work Permit as per requirement 1 Permit Records
2m.10 Use of Any other Applicable Permit as per requirement 1 Permit Records
Material safety data sheet(MSDS) available for all chemicals and Inspection/ non-conformity
3a 1
displayed in usage and storage area? records
Spillages of oil/concrete and other chemical is controlled and Inspection/ non-conformity
3b 1
cleaned by proper method in case of spill? records
Availability of adequate number of urinals in workplace and in
3c M 1
elevations and maintained
3d Availability of rest rooms for workers at site M 1
3e Availability of Drinking water facility at work spot 1
3f Hygienic Labour colony is provided for workers. 1
Is heavy/complex critical lifting permit obtained for heavy,
4a 1
complex materials before handling/erection activity? Work Permit records
Inspection/ non-conformity
4b Whether area below lifting activities barricaded
1 records
Experience details of rigging
4c Availability of experienced rigging foreman 1
foreman
Is agency is following proper storage and handling procedure as Procedure for storage &
4d 1
per manufacturer standard for all hazardous material? handling
Are oxygen and acetylene cylinders are transported to work place
4e 1
from storage area in trolleys
Inspection/ non-conformity
5a Whether all deep excavation has been protected by barrier 1
records
Sloping/benching & shoring provided for excavation as per
5b 1
requirement? -do-
5c Proper access and egress provided for excavations? 1 -do-
5d Blasting is done in controlled manner? 2 -do-
Whether Electrical booth is equipped with Co2 fire extinguishers Inspection/ non-conformity
6a 2
and fire buckets filled with sand? records
6b Availability of Illumination lamp in electric booth? 1 -do-
6c whether Caution Boards have been displayed? 1 -do-
6d Usage of Metal Plug top for all hand power tools ? 1 -do-
6e Usage of Insulated welding cables. 1 -do-
Electrical Booth/Distribution Board to be covered by proper
6f 1
Canopy. -do-
Availability of functional & individual 30ma ELCB / RCCB and MCB
6g 1
for protection and conducting periodical check-up? -do-
Double earthing for panel boards and all machinery & proper
6h 1
earth pit with regular inspection available? -do-
Page 2 of 3
Whether Scaffolding pipes made with steel or aluminium, are
7a being used and checked periodically by experienced/ certified 2 Inspection/ non-conformity
scaffolder? records
8mm Stainless Steel wire rope with plastic cladding is provided for
7b 2
life line (Vertical / Horizontal) during height work? -do-
7c Availability of emergency lighting in case of power failure 1 -do-
Whether all the openings are covered with Safety Nets made of
7d 1
fire proof Nylon? -do-
Whether MS pipe rails around staircases & platforms in usage are
7e 1
provided with top, middle rails and toe guard ? -do-
Whether Ladder with vertical life line /Fall arrestor is available to
7f 1
climb? -do-
Whether all workers deployed for working at height have been
7g 1
issued height pass after undergoing vertigo test? Height Pass records
Whether all workers deployed for height work / climbing ladder PPE Issue records, inspection/
7h 1
are provided and using Double lanyard safety belt? non-conformity reports
Is all hand tools/Small material used by height workers is tied
7i 1
firmly to prevent fall? -do-
Flash back arrestors for all gas cutting sets is available on Torch Inspection/ non-conformity
8a 1
side and cylinder side records
Oxygen/Acetylene/LPG cylinders not in use have caps in place and
8b 1
stored separately? -do-
8c Availability of Face screen, Hand gloves, and Apron, for welders 1 -do-
Protection from falling hot molten metal during metal cutting /
8d welding at height by providing GI sheet below the cutting area 1
especially in fire prone areas -do-
Pre-employment medical check-up done for all workers and
9a 1
submitted? Medical check records
Availability of first aid centre, with MBBS doctor(Own or Sharing
9b M 2
basis) Attendance records
9c Availability of Ambulance facility 24 hours (Own or sharing basis) M 2 -do-
Is First aid trained personnel’s are available and their names are
9d M 1
displayed at site? -do-
9e Availability of Emergency vehicle at site 1
Periodical medical check-up is conducted for all the workers and
9f 1
submitted? Medical check records
Availability of sufficient number of first aid box as per standard list
9g 1
and maintaining record Inspection records
10a Availability of Fire extinguishers, buckets at all vulnerable points 2 Fire extinguisher records
10b Periodic fire mock drill conducted? 1 Fire, Mock drill records
10c Are all flammable materials are stored separately? 1
10d Periodic grass cutting is done in material storage area? 1
10e Availability of 24V DC lighting in confined space work area 1
10f Availability of exhaust fan in confined space work area 1
Note:
M: Mandatory; O: Optional. Points other than mandatory can be excluded with appropriate justification (scope etc.) by
BHEL. Score obtained in selected parameters divided by maximum possible score of selected parameters shall be multiplied
by 10 for use in as per point Sl. no. # 6.0 as detailed at page 4 of Form F-15.
There shall be deduction of marks from overall score for Fatal/ Major/ Minor Accidents and for not maintaining labour
colony, as detailed at page 4 of Form F-15.
Page 3 of 3
Form No: F-19 (Rev 00)
MILESTONE COMPLETION CERTIFICATE
(issued by BHEL on the specific request of Contractor)
--------------------------------------------------------------------------------------------------------------------------
Ref :
Date:
To,
Dear Sir,
References
1. Contract No:
2. Job Description:
This is to hereby confirm that the following Milestone Activity has been achieved in respect
of the Contract /Job under reference
Yours faithfully,
3 CONTRACT NO
4 CONTRACT VALUE
6 CONTRACT PERIOD//CONTRACT
DURATION
7 DATE OF START/COMPLETION
9 PERFORMANCE GOOD
SATISFACTORY
UNSATISFACTORY
Yours faithfully,
Head (Subcontracts)
Form No: F-21 (Rev 00)
INDEMNITY BOND
(To be executed on a Non Judicial Stamp Paper of the requisite value as per Stamp Duty
prevalent in the respective State)
--------------------------------------------------------------------------------------------------------------------------------------
This Indemnity Bond executed by <name of company> having their Registered Office
at <xxxxxxxxxxx> in favour of M/s Bharat Heavy Electricals Limited, a Company
incorporated under the Companies Act, 1956, having its Registered Office at
BHEL House, Siri Fort, Asiad, New Delhi - 110049 through its Unit at Power
Sector-_____________ Region, _______________________________, ______
State. (Hereinafter referred to as the Company)
And whereas the Company has entered into a Contract with M/s xxxxxxxxx, the
executants of this Deed (hereinafter referred to as the Contractor) as its contractor in
respect of the work of “xxxxxxxxxxxxxxxxxxxxxxxxxx”.
AND WHEREAS under the provisions of GCC further stipulates that the Contractor
shall indemnify the Company against all claims of whatever nature arising during the
course of execution of Contract including defects liability period of <xx Months > i.e
till <xx xx xxxx>
Now this deed witness that in case the Company is made liable by any Authority
including Court to pay any claim or compensation etc. in respect of all labourers or
other matters at any stage under or relating to the Contract with the Contractor , the
Contractor hereby covenants and agrees with the Company that they shall indemnify
and reimburse the Company to the extent of such payments and for any fee,
including litigation charges, lawyers’ fees, etc, penalty or damages claimed against the
Company by reason of the Contractor falling to comply with Central/States Laws,
Rules etc, or his failure to comply with Contract ( including all expenses and
charges incurred by the Company).
The Contractor further indemnifies the Company for the amount which the Company
may be liable to pay by way of penalty for not making deductions from the Bills of the
Contractor towards such amount and depositing the same in the Government
Treasury.
1|Page
Form No: F-21 (Rev 00)
INDEMNITY BOND
(To be executed on a Non Judicial Stamp Paper of the requisite value as per Stamp Duty
prevalent in the respective State)
--------------------------------------------------------------------------------------------------------------------------------------
The Contractor further agree that the Company shall be entitled to with hold and adjust
the Security Deposit and/or with hold and adjust payment of Bills of Contractor
pertaining to this Contract against any payment which the Company has made or is
required to make for which the Contractor is liable under the Contract and that such
amount can be withheld, adjusted by the Company till satisfactory and final settlement
of all pending matters and the Contractor hereby gives his consent for the same.
The Contractor further agrees that the terms of indemnity shall survive the termination
or completion of this contract.
The contractor further agrees that the liability of the contractor shall be extended on
actual basis notwithstanding the limitations of liability clause, in respect of :
1. breach of terms of contract by the contractor
2. breach of laws by the contractor
3. breach of Intellectual property rights by the contractor
4. breach of confidentiality by the contractor
Nothing contained in this deed, shall be construed as absolving or limiting the liability
of the Contractor under said Contract between the Company and the Contractor.
That this Indemnity Bond is irrevocable and the condition of the bond is that the
Contractor shall duly and punctually comply with the terms and the conditions of this
deed and contractual provisions to the satisfaction of the Company.
In witness where of M/s xxxxxxxxxxxxx these presents on the day, month and year
first, above written at xxxxxxxx by the hand of its signatory Mr. xxxxxxxxxxx.
Witness:
1
2
2|Page
Form No: F-22 (Rev 00)
CONSORTIUM AGREEMENT
-------------------------------------------------------------------------------------------------------------------------------------------------
WHEREAS the First Party and the Second Party are contractors engaged in
the business of carrying out various items of works. WHEREAS the two parties
have agreed to constitute themselves into a consortium for the purpose of
carrying out the said works, and that the consortium will be continued till the
completion of the works in all respects.
WHEREAS the parties have agreed to certain terms and conditions in this
regard:
Page 1 of 3
Form No: F-22 (Rev 00)
CONSORTIUM AGREEMENT
-------------------------------------------------------------------------------------------------------------------------------------------------
2. The First Party will be the leader (Lead Partner) and will be responsible
for the entire works.
CONSORTIUM AGREEMENT
3. The First Party shall undertake the following part(s) of work detailed in
the NIT namely ____________________________________________
__________________________________________________________
4. The Second Party shall undertake the following part(s) of work detailed
in the said NIT namely __________________________________
__________________________________________________________
5. The parties hereby declare and confirm that each of them will fulfill the
required minimum qualifying requirements as prescribed in the said NIT
for the works agreed to be undertaken by them as stated here-in-above.
6. It is also agreed between the parties hereto that all of them shall be
individually and severally responsible for the completion of the said
works as per the schedule. Further, if the Employer/Owner sustains
any loss or damage on account of any breach of the Contracts, we
the, Consortium partners individually and severally undertake to
promptly indemnify and pay such losses / damages caused to the
Employer/Owner on its written demand without any demur,
reservation, contest or protest in any manner whatsoever.
7. The parties hereby agree and undertake that they shall provide
adequate finances, suitable Tools, Plants, Tractors, Trailers, other
transportation equipment, other Tools & Plants, Measuring & Monitoring
Equipments (MMEs), Men and Machinery etc. for the proper and
effective execution of the works to be undertaken by them as specified
here-in-above.
Page 2 of 3
Form No: F-22 (Rev 00)
CONSORTIUM AGREEMENT
-------------------------------------------------------------------------------------------------------------------------------------------------
IN WITNESS HEREOF the parties above named have signed this agreement
on the day month and year first above written at __________(Place) .
WITNESS For
WITNESS For
[The successful bidder shall have to execute the " JOINT DEED OF
UNDERTAKING " in the format to be made available by BHEL at the time of
awarding].
Page 3 of 3
Form WAM 10
BHARAT HEAVY ELECTRICALS LIMITED
DIVISION…………..
Claim for Refund of Security Deposit
(Para 4.7.4 of Works Accounts Manual)
Ref No.: Date:
1 Name and address of the contractor
2 Contract Agreement/Work Order No.
3 Date of contract agreement/work order
4 Name of the work undertaken
5 Date of commencement of the work
6 Date of completion of the work
7 Period of Maintenance
8 Date on which the final bill was paid
Last date of making good the defect, if any, during maintenance
9
period
Expenditure incurred by BHEL during maintenance period, if any,
10
recoverable
11 Date on which security deposit refund falls due as per contract
12 Amount deposited/recovered
Details Mode Amount
13 LESS amounts recoverable (with details)
(i) Amount spent by BHEL on maintenance :
(ii) Payments made on behalf of contractor :
(iii) Court dues / penalties / compensation :
(iv) Other recoveries for services etc. :
(v) Security deposit released with final bill (%) :
14 Net amount recommended for release (12‐13)
Details Mode Amount
Date: Signature of Engineer in Charge
Form WAM 10 (Contd.)
CERTIFICATE TO BE FURNISHED BY THE CONTRACTOR
I/We have no claim or demand outstanding against BHEL …………………..for the work done or for labor or material supplied or any other account arising out of or
connected with the contract agreement/work order (No…………..dated ………….) and the payment of this bill shall be in full and final
Date: Signature of Contractor
CERTIFICATE TO BE FURNISHED BY SENIOR ENGINEER
Certified that
─ The payment recommended for release is in order and there are no demands other than those included in the claim outstanding from the contractor;
The maintenance period as per the contract agreement is over and the contractor has carried out the works required to be carried out by him during
─ the period of maintenance to our satisfaction, and all expenses incurred by the company on carrying out such works have been included for
adjustment;
─ All the objections raised so far have been settled;
─ A note of refund of security deposit has been made in the measurement book and contract agreement/work order.
Date: Signature of Senior Engineer
FOR USE IN FINANCE DEPARTMENT
Passed for
Rs……………………………………….....(Rupees………………………………..………………………………………………………………………………...…………………………………………………………
…………only)
Accountant Accounts Officer
Form No: F-24 (Rev 00)
REFUND OF GUARANTEE MONEY
BHARAT HEAVY ELECTRICALS LIMITED
POWER SECTOR, __________________ REGION
--------------------------------------------------------------------------------------------------------------------------
Ref No: Date:
7. Period of Maintenance :
(Guarantee Period)
Date: __________________
I/We have no claim or demand outstanding against BHEL________________________, for the work done
or for labour or material supplied or any other account arising out of or connected with the Contract
Agreement/LOI/ LOA (No_____________________________________________ dated _____________)
and the payment of this bill shall be in full and final settlement of all my/our claims and demands including
the ‘Deposits’ of the Contract Agreement/LOI/ LOA referred to.
Signature of Contractor
Date:
----------------------------------------------------------------------------------------------------------------------------------------------
1. Certified that
a. The payment recommended for release is in order and there are no demands other than
those included in the claim outstanding from the Contractor
b. Maintenance period (Contract Guarantee period) is over and the Contractor has carried out
the works required to be carried out by him during the period of maintenance (Guarantee)
to our satisfaction, and all expenses incurred by the Company on carrying out such works
have been included for adjustment
c. All objections raised so far have been settled
d. A note for refund of Guarantee Amount has been made in the Measurement Book and
Contract Agreement/Work Order
Signature of Contractor
Date:
KNOW ALL MEN BY THESE PRESENTS, that I/We do hereby make, nominate, constitute
and appoint Mr ……………………………….. , whose signature given below herewith to be
true and lawful Attorney of M/s……………………………………………… hereinafter called
‘Company’, for submitting Tender/entering into Contract and inter alia, sign, execute all papers
and to do necessary lawful acts on behalf of Company with M/s Bharat Heavy Electricals Ltd,
Power Sector ________ Region, ___________________, in connection with
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
…………………………… vide Tender Specification No : _________________________,
dated ________________.
And the Company do hereby agree to ratify and confirm all acts, deeds, things or proceedings
as may be lawfully done by the said attorney and by or on behalf of the company and in the
name of the company, by virtue of the powers conferred herein and the same shall be binding
on the company and shall have full force and effect.
IN WITNESS WHEREOF the common seal of the company has been hereunto affixed in the
manner hereinafter appearing on the document.
Director/CMD/Partner/Proprietor
Signature of Mr…………(Attorney)
Witness
Notary Public
Form No: F-26 (Rev 00)
To,
Dear Sir,
03 CONSUMABLES
06 OVERHEADS
07 PROFIT
TOTAL 100%
Yours faithfully,
I. ACCOUNT OF WORK EXECUTED
Adhoc payment for work not previously Item No. of Description of Quantity as Quantity Rate Unit Payment on the basis of Quantity executed Payment on the basis of Remarks
measured ** work work per executed actual measurement upto since last RA bill actual measurement since last
agreement upto date date running account bill
Total as Since last Total upto
per last running date
running account bill
account
bill
1 2 3 4 5 6 7 8 9 10 11 12 13
** 1. Whenever payment is made on adhoc basis without actual measurements the amount in whole rupees should be entered in columns 1 to 3 only and not in columns 7 to 12
2. Whenever there is an entry in column 12 on the basis of actual measurement, the whole of the amount previously paid without detailed measurement should be adjusted by a minus entry in column 2 equivalent to the amount shown in column 1, so
that the total upto date in column 3 may become nil.
Rupees (in words) …………………………………………………………………………………………………………………………………….. Only
Note :
Wherever adhoc payments to contractors against running bills are made in accordance with the extant Works Policy, the amount so paid shall be adjusted.
Form WAM 6 (Contd).
II. MEMORANDUM OF PAYMENTS
I II
6. Balance [(C) ‐ (D)] ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
7. Payments now to be made: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
a) by cash / cheque ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
by deduction for value of materials supplied by BHEL vide Annexure A
b) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
attached
c) by deduction for hire of tools and plant vide Annexure B attached ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
d) by deduction for other charges vide Annexure C attached ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
e) by deduction on account of security deposit ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
f) by deduction on account of Income Tax ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Note : Amounts relating to items 4 to 6 above should be entered in column II and those relating to item 7 in column I. The amount shown against item 6 and the total of item 7 should agree with each other.
III. CERTIFICATE OF THE ENGINEER IN CHARGE
The measurements on which the entries in column 7 to 12 of Part I of this Bill (Account of work executed) are based were made by ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ and are reorded at pages ‐
1
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ of Measurement Book No. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ (Name and Designation)
Certified that the methods of measurement are correct and the work has been carried out in accordance with the terms and conditions, schedules, specifications and drawings etc. forming part of the contract agreement, subject to deviations
2
included in the deviation statement (Annexure D)
Certified that in addition to and quite apart from the quantities of work actually executed as shown in column 10 of Part I, some work has actually been done in connection with several items and the value of the such work is, in no case, less
3
than the adhoc payments as per column 3 of Part I, made or proposed to be made, for the convenience of the contractor in anticipation of, and subject to the results of, detailed measurement which will be made as soon as possible.
4 Certified that measurements by Engineer‐incharge and test check of prescribed percentage of measurements by the concerned superior authorities has been carried out.
Certified that there are no pending recoveries from the contractor on account of chargeable items (e.g T&P, consumables, material, etc.) issued either by BHEL or by the customer and other recoveries like power, water, quarter, tax liability
5
towards declaration forms etc.
Certified that with regard to the free issues, regular reconciliation is being done, completed upto ‐‐‐‐‐‐‐‐‐‐‐‐‐ and there are no recoveries pending from the contractor on account of such issues in excess of requirement for execution of work as
6
per contract.
7 Certified that there is no pending recovery for damaged material issued free of cost.
8 Certified that the contractor has fulfilled all the requirements as per contract with reference to statutory obligations (PF, ESI, Minimum Wages, BOCW, Insurance etc.), support services such as service manpower, computer system , T&P etc
Signature of Contractor Signature of Engineer in Charge
Designation:
Date: Date:
Form WAM 6 (Contd).
IV. CERTIFICATE OF THE SENIOR ENGINEER
Certified that the measurements have been check measured to the prescribed extent by …………………………………………………………………………………………. ………………………………………………………….. at site and also by the undersigned and the relevant
1 entries have been initialed in the Measurement Book. (vide pages ………………………………..) (Name and Designation)
2 Certified that all the measurements recorded in the measurement book have been correctly billed for
3 Certified that all recoverable amounts in respect of materials tools and plant etc. and other charges have been correctly made vide annexures A to C attached.
Certified for payment * of Rs. ……………………………………. (Rupees ……………………………………….. only)
* Here specify the net amount payable.
Date: Signature of Senior Engineer
V. ENTRIES TO BE MADE IN THE FINANCE DEPARTMENT
Code No.:
Accounts Bill No. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ dated ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ALLOCATION
Less Deductions ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Rs.‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Name of Work :
Net amount payable ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Rs.‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Account code head
Payable to Shri / M/s ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ by cheque / cash
Entered in Contractors ledger No. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Page ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total
ANNEXURE A
Statement showing details of materials issued to the contractor Shri / M/S………………………...………………………………. in respect of Contract Agreement / Work Order No…………………Dated……………………………………… and covered by the agreement
Stores Issue Quantity actually
Issue voucher No. and date Description of material issued
Sl.No. Voucher No. Quantity issued incorporated in the Balance quantity If recoverable from the contractor
allotted by stores to the SIV issued to the contractor
and date work with contractor
1 2 3 4 5 6 7 8 9 10 11 12 13 14
Total
Certified that ………………….. (balance quantity of free issue material as per Col. 8 above) is physically available with the Contractor.
ANNEXURE B
Statement showing tools and plant issued to the contractor Shri/M/s……………………………………………………………………………………………. in respect of Contract Agreement No………………………..Dated……………………………………
Rate at which recovery is to be Amount recovered upto
Sl. No. Description of Tools and Plant Issued Period for which issued Amount recoverable Balance Recovered now Remarks
made previous bill
1 2 3 4 5 6 7 8
TOTAL
Statement showing details of other recoveries to be made from the contractor Shri/M/s‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐in respect of contract Agreement No. ………………….………………Dated ………………………….
Amount recovered up to
S. No. Particulars Unit Quantity Rate Amount recoverable Amount now recovered Remarks
previous bill
1 2 3 4 5 6 7 8 9
1 Water charges
2 Electricity charges
3 Seignorage charges
4 Medical charges
Cost of empty gunny bags and empty
5
containers not returned
6
7
8
TOTAL
ANNEXURE D
DEVIATION STATEMENT
Name of the Contractor: Contract Agreement No
Name of Work: Date:
Total quantity
Quantity as Quantity Total Amount
Description of Quantity as anticipated Rate as per Rate as Amount as per Amount as Amount further Reason for deviation with
S. No. Unit per further anticipated on Difference
Item executed on agreement executed agreement executed anticipated authority, if any
agreement anticipated completion
completion
Excess Savings
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Signature of Engineer in Charge Signature of Senior Engineer
Date : Date :
Form WAM 7
BHARAT HEAVY ELECTRICALS LIMITED
DIVISION…………………
……………And Final Bill
(Para 4.3.2 of Works Accounts Manual)
Departmental Bill No:
Date:
Name of the Contractor: Division: Sub-Division:
Name of the Work: Date of Written order to commence the work:
I. ACCOUNT OF WORK EXECUTED
Adhoc payment for work not Item no. of Description Quantity as Quantity Rate Unit Payment on the basis of Quantity since last Payment on t he basis of Remarks
previously measured ** the of work per executed actual measurement running account bill actual measurement since
Total as per Since last Total upto agreement / agreement upto date upto date last running account bill
last running running date work order
account bill account bill
1 2 3 4 5 6 7 8 9 10 11 12 13
** Whenever there is an entry in column 12 on the basis of actual measurement, the whole of the amount previously paid without detailed measurement should be adjusted by a minus entry in column 2 equivalent to the amount shown in
column 1, so that the total upto date in column 3 may become nil.
5 Balance ‐‐‐‐‐‐‐‐‐‐‐
6 Refunds of Security Deposit ‐‐‐‐‐‐‐‐‐‐‐
7 Net amount to be paid to the contractor ‐‐‐‐‐‐‐‐‐‐‐
Net value Rupees (in words) ………………………………………………………………………………………………………………………………………………………… Only
I/ We hereby certify that I/We have performed the work as per the terms and conditions of Contract Agreement/Work Order No……….Dated………………for which payment is claimed as above and that I/We have no further claim under this
agreement/work order.
Signature of the Contractor
Date:
III CERTIFICATE OF THE ENGINEER IN CHARGE
1. The measurements on which the entries in columns 7 to 11 of Part I of this bill (Account of work executed) are based were made by..............................................................................................……………………
..........................................................................are recorded at pages…………………………….of measurement book No………………………………………………………....................... (Name and Designation)
2. A statement showing the quantities of stores issued to the contractor (whether free or on recovery basis) and their disposal is attached.
Date: Signature of Engineer incharge
Designation:
Form WAM 7 (Contd.)
IV CERTIFICATE OF THE SENIOR ENGINEER
1. Certified that I have personally inspected the work and that the work has been physically completed on the due date in accordance with the terms and conditions, schedules, specifications and drawings etc., forming part of the contract
agreement, subject to the deviations noted in Deviation Statement (Annexure D).
2. Certified that the measurements have been check measured to the prescribed extent by………………………………………………………………………………… ……………………………………………………………………………………………………………………. and by the
undersigned at site and the relevant entries have been initiated in the measurement book (vide pages………………………………………….) (Name and Designation)
3. Certified that the methods of measurement are correct.
4. Certified that the measurements have been technically checked with reference to contract drawings, deviations etc.
5. Certified that the measurements recorded in the measurement book have been correctly billed for at the contract rates or approved rates.
6. Certified that all recoverable amounts in respect of stores, tools and plant, water, electricity charges etc. have been correctly made vide Annexures A to C and that there are no other demands outstanding against the contractor on this
contract.
7. Certified that the issues of all stores as per statement attached (whether charged to the contractor or direct to the work) have been technically checked and represent fair and reasonable issues for the items of work executed vide
Annexure E.
8. Certified that all statutory requirements including PF, ESI, Minimum wages, Insurance, GST, BOCW, etc. are complied with by the Contractor. This should be duly backed by the relevant documents.
Certified for payment of * Rs……………………(Rupees……………………………………………………….……………………………………………….only).
*Here specify the net amount payable Signature of Senior Engineer
Date
IV ENTRIES TO BE MADE IN THE FINANCE DEPARTMENT
Debit Credit
Account code head
(Gross Amount) (Deductions)
Passed for…………………………..Rs…………………….
Less Deductions……………………Rs…………………….
Net Amount Payable………………Rs……………………..
(Rupees…………………………………………….only)
TOTAL
Statement showing details of materials issued to the contractor Shri / M/S……………………………………………in respect of Contract Agreement / Work Order No…………………Dated…………………………………… and covered by the agreement.
Whether
Stores Issue Issue voucher No. and Description of material Quantity actually recoverable
Sl.No. Voucher No. date allotted by stores to issued issued to the Quantity issued incorporated in the from the If recoverable from t he Contractor
and date the SIV contractor work contractor or
supplied free
Amount
Rate at which Amount Balance now
recovered upto Remarks
recoverable recoverable recovered
previous bill
1 2 3 4 5 6 7 8 9 10 11 12
Total
ANNEXURE A
Part II
Statement showing details of materials issued to the contractor Shri / M/S…………………………………………………. in respect of Contract Agreement / Work Order No…………………Dated………………… and not covered by the agreement
Quantity
Amount
Stores Issue Voucher Issue Voucher No. and date Description of material actually Amount Balance now
Sl.No Quantity issued Issue Rate recovered upto Remarks
No.and Date allotted by stores to the SIV issued to the contractor incorporated in recoverable recovered
previous bill
the work
1 2 3 4 5 6 7 8 9 10 11
TOTAL
Add Departmental Charges
Add GST (Wherever applicable)
GRAND TOTAL
Note: Cost of materials recovered in this bill should be shown against item 4 (a) of the memorandum of payments. The amounts of taxes and departmental charges recovered in this bill should be incorporated in Annexure C.
Form WAM 7 (Contd.)
ANNEXURE B
Statement showing tools and plant issued to the contractor Shri /M/S………………………………………………….in respect of contract Agreement / Work Order No………………………Dated…………………………………..
Rate at which recovery is to be Amount recovered upto
Sl.No. Description of Tools and Plant Issued Period for which issued Amount recoverable Balance now recovered Remarks
made previous bill
1 2 3 4 5 6 7 8
TOTAL
ANNEXURE C
Statement showing details of other recoveries to be made from the contractor Shri/M/s…………………………………………… In respect of Contract Agreement / Work Order No……………………………Dated………………………………..
Amount Amount recovered upto
Sl.No. Particulars Unit Quantity Rate Amount now recovered Remarks
recoverable previous bill
1 2 3 4 5 6 7 8 9
1 Water charges
2 Electricity charges
3 Medical charges
Cost of empty gunny bags and empty containers not
4
returned
5
6
7
TOTAL
Reason for the
Rate as per Rate as Amount as per Amount as
SL. No. Description of Item Unit Quantity as per agreement Quantity as executed Difference deviation with
agreement executed agreement executed
authority, if any
Excess Savings
1 2 3 4 5 6 7 8 9 10 11 12
Signature of Engineer in Charge Signature of Senior Engineer
Date: Date:
ANNEXURE E
Statement showing the consumption of materials issued to the contractor Shri/M/s……………………………………… in respect of Contract Agreement / Work Order No……………Dated………………………………
Name of the Work:
ON RECOVERY BASIS
Amount
Quantity to be Variation in Recoverable for
Rate chargeable excess/short
Quantity actually Particulars of issued as per consumption
for excess/short consumption,
SL. No. Description of material Unit Quantity actually issued incorporated in the Balance disposal of approved data (difference Remarks
consumption, if including
work balance for work actually between colum 5
any materials not
done & 8)
returned, if any
More Less
1 Cement
2 Bricks
3 Wood
4 Asbestos Sheet
5 Iron Material
6
7
Statement showing details of materials issued to the contractor Shri/M/s……………………………….. in respect of Contract Agreement / Work Order No………………………………………………..…dated……………………………………..
Amount
Quantity Nature of Rate chargeable
Stores Issue Quantity required recoverable for
Sl.No Description of material Unit Quantity issued consumed in the Balance (if any) disposal for the for material not Remarks
Voucher No. as per data material not
work balance returned
returned
1 2 3 4 5 6 7 8 9 10 11 12
8. Whether the work has been completed in time? If not whether penalty has been levied or sanction of the competent authority for extension of time granted and communicated to
the Finance Department with reasons for grant of extension? (Due and actual date of completion of the work and reference to letter No. and date granting the extension of time
should be given).
9. (a) Whether the rates allowed in the bill have been checked with the contract agreement?
(b) Whether the rates for extra/supplemental items have been approved by the competent authority and the sanction communicated to the Finance Department together with
rate analysis? If so, cite reference
10. Whether deviations have been approved by the competent authority? If yes, give reference to the approval; if not, give reasons.
11. Whether the rates of recovery of stores issued to the contractor which are not provided for in the contract agreement have been settled in consultation with Finance?
12. Whether discrepancies pointed out by the Finance department in the stores statement have been reconciled and accepted by the Finance Department?
13. Whether materials issued to the contractor in excess of the theoretical requirements have been returned to the Stores department and the No. and date of such returned stores
vouchers have been shown in Stores statement? If not, whether the cost of such excess materials has been recovered at the prescribed rate? Whether consumption statements in
respect of materials chargeable to the work have been attached to the bill?
14. Whether consumption of materials shown has been technically checked by Senior Engineer?
15. Whether materials issued and used in the work is not less than that required for consumption in work according to our specifications? If consumption is less, whether necessary
recovery has been made in the bill?
16. Whether measurements have been checked by the Engineer and Senior Engineer to the extent required and certificates of check recorded in the measurement books?
17. Whether contractor has signed the bill and the measurement books without reservations? If not, whether reasons have been intimated to the Finance Department?
18. Whether arithmetical calculations have been checked and certificate recorded in the measurement books by a person other than the one who calculated initially?
19. Whether any work was done at the risk and cost of the contractor and whether such cost has been recovered from him? Give particulars.
20. Whether all advance payments on running accounts have been recovered?
21. Whether all the recoveries due for services given to the contractor like rent of accommodation, water charges, electricity charges have been recovered and whether payments
made by the company on behalf of the contractor have been adjusted?
22. Whether the files containing abstracts from measurement books/standard measurement books have been completed/updated?
23. Whether hire charges for tools & plant have been recovered and the statement of hire charges with full details attached?
24. Whether the certificate of workmanship and completion of work according to specifications, drawings etc. is recorded by Engineer Incharge/Senior Engineer and whether
recoveries have been made for defective works, if any?
25. Whether all corrections in the bill/measurement books etc. have been neatly made and attested and there are no overwriting?
26. Whether final measurements have been taken as soon as possible after completion of the work and the certificate of completion issued? If not, whether reasons for delay have
been recorded and communicated to finance department?
27. In respect of quantities reduced in the final bill as compared to the running payment, whether adequate reasons have been recorded and communicated to finance department?
28. Whether the expenditure has been classified correctly according to heads of account recorded in the sanctioned estimate?
29. Whether the work has been completed within the estimated cost? If not, what is the percentage of excess over the sanctioned estimate/ administrative approval? In case the
excess is beyond the competency of the Senior Engineer, what action has been taken for obtaining the approval of the authority competent to sanction the excess?
30. (a) If the contractor has furnished bank guarantee in lieu of cash security deposit towards proper execution of works and guarantee against defects during the maintenance
period, whether the period of currency of the bank guarantee covers the entire maintenance period?
(b) If not whether security deposit has been proposed to be recovered from the final bill?
31. Whether all the previous audit objections raised on running account bills have been settled? If so, cite references.
Signature of Engineer in Charge Signature of Senior Engineer
Date: Date:
Form WAM 23
PROFORMA OF BANK GUARANTEE (in lieu of EARNEST MONEY)
(On non-Judicial stamp paper of appropriate value)
To
Dear Sirs,
In accordance with the terms and conditions of Invitation for Bids/ Notice Inviting Tender
No……1 (Tender Conditions),M/s. ……………………. having its registered office at
……………………………2 (hereinafter referred to as the 'Tenderer'), is submitting its bid for the
work of…………………….3 invited by M/s Bharat Heavy Electricals Limited (A Govt. of India
Undertaking) a company incorporated under the Companies Act, 1956, having its registered
office at BHEL House, Siri Fort, Asiad, New Delhi – 110049 through its Unit at Bharat Heavy
Electricals Limited, Power Sector Northern Region, HRDI & PSNR Complex, Plot no. 25, Sector
– 16 A, Noida – 201301, U.P.
The Tender Conditions provide that the Tenderer shall pay a sum of Rs ……………. as Earnest
Money Deposit in the form therein mentioned. The form of payment of Earnest Money Deposit
includes Bank Guarantee executed by a Scheduled Bank.
In lieu of the stipulations contained in the aforesaid Tender Conditions that an irrevocable and
unconditional Bank Guarantee against Earnest Money Deposit for an amount of ...............4
............ is required to be submitted by the Tenderer as a condition precedent for participation
in the said Tender and the Tenderer having approached us for giving the said Guarantee,
Any such demand made on the Bank shall be conclusive as regards the amount due and payable
by the Bank under this guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs. _______________________________________.
Page 1 of 4
Form WAM 23
PROFORMA OF BANK GUARANTEE (in lieu of EARNEST MONEY)
(On non-Judicial stamp paper of appropriate value)
We undertake to pay to the Employer any money so demanded notwithstanding any dispute or
disputes raised by the Vendor/ Contractor/ Supplier in any suit or proceeding pending before
any Court or Tribunal, Arbitrator or any other authority, our liability under this present being
absolute and unequivocal.
The payment so made by us under this Guarantee shall be a valid discharge of our liability for
payment hereunder and the Tenderer shall have no claim against us for making such payment.
We …………….. Bank further agree that the Employer shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Tender or to extend the time of submission of from time to time or
to postpone for any time or from time to time any of the powers exercisable by the Employer
against the said Tenderer and we shall not be relieved from our liability by reason of any such
variation, or extension being granted to the said Tenderer or for any forbearance, act or
omission on the part of the Employer or any indulgence by the Employer to the said Tenderer
or by any such matter or thing whatsoever which under the law relating to sureties would but
for this provision have effect of so relieving us.
The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Tenderer and notwithstanding any security or other guarantee that the Employer may have in
relation to the Tenderer's liabilities.
This Guarantee shall be irrevocable and shall remain in force upto and including………………5
and shall be extended from time to time for such period as may be desired by the Employer.
This Guarantee shall not be determined or affected by liquidation or winding up, dissolution or
change of constitution or insolvency of the Tenderer but shall in all respects and for all purposes
be binding and operative until payment of all money payable to the Employer in terms hereof.
However, unless a demand or claim under this Guarantee is made on us in writing on or before
the ……………………. 6 we shall be discharged from all liabilities under this Guarantee.
90
We, ……………… Bank lastly undertake not to revoke this guarantee during its currency except
with the previous consent of the Employer in writing.
a) The liability of the Bank under this Guarantee shall not exceed………………4…..
c) Unless the Bank is served a written claim or demand on or before _____________6 all
rights under this guarantee shall be forfeited and the Bank shall be relieved and
Page 2 of 4
Form WAM 23
PROFORMA OF BANK GUARANTEE (in lieu of EARNEST MONEY)
(On non-Judicial stamp paper of appropriate value)
discharged from all liabilities under this guarantee irrespective of whether or not the
original bank guarantee is returned to the Bank.
We, _____________ Bank, have power to issue this Guarantee under law and the undersigned
as a duly authorized person has full powers to sign this Guarantee on behalf of the Bank.
1
Details of the Invitation to Bid/ Notice Inviting Tender
2
Name and Address of the Tenderer
3
Details of the Work
4
BG Amount in words and Figures
5
Validity Date
6
Date of Expiry of Claim Period
Note:
1. Bidders are advised that expiry of claim period may be kept 3-6 months after validity date..
2. The BG should be on Non-Judicial Stamp paper/ e-stamp paper of appropriate value as per
Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the
rate prevailing in the State where the BG was executed, whichever is higher. The Stamp
Paper/ e-stamp paper shall be purchased in the name of Vendor/ Contractor/ Supplier/ Bank
issuing the guarantee.
a. From Nationalized/ Public Sector/ Private Sector/ Foreign Banks (BG issued by
Branches in India) can be accepted subject to the condition that the Bank Guarantee
should be enforceable in the town/ city or at nearest branch where the Unit is located i.e.
Demand can be presented at the Branch located in the town/city or at nearest branch where
the Unit is located.
b. From Foreign Banks (wherein Foreign Vendors intend to provide BG from local
branch of the Vendor country’s Bank)
b.1 In such cases, Bank Guarantee issued by any of the Consortium Banks only will be
accepted by BHEL. As such, Foreign Vendor needs to make necessary arrangements for
issuance of Counter- Guarantee by Foreign Bank in favour of the Indian Bank’s (BHEL’s
Consortium Bank) branch in India. All charges for issuance of Bank Guarantee/ counter-
Guarantee should be borne by the Foreign Vendor.
Page 3 of 4
Form WAM 23
PROFORMA OF BANK GUARANTEE (in lieu of EARNEST MONEY)
(On non-Judicial stamp paper of appropriate value)
b.2 In case, Foreign Vendors intend to provide BG from Overseas Branch of our Consortium
Bank (e.g. if a BG is to be issued by SBI Frankfurt), the same is acceptable. However, the
procedure at sl.no. b.1 will required to be followed.
b.3 The BG issued may preferably be subject to Uniform Rules for Demand Guarantees (URDG)
758 (as amended from time to time).
Page 4 of 4
FORMAT-29
4. Issues:
Dear Sir/Madam,
As you are aware, with reference to above referred
Contract/MoU/Agreement/LOI/LOA, certain disputes have arisen, which, in-spite
of several rounds of mutual discussions and various correspondences have remained
unresolved. The brief particulars of our claims which arise out of the above- referred
Contract/MoU/Agreement/LOI/LOA are reproduced hereunder:
Please note that upon receipt of your consent in writing within 30 days of the
date of receipt of this letter by you, BHEL shall appoint suitable person(s) from the
BHEL Panel of Conciliators.
This letter is being issued without prejudice to our rights and contentions
available under the contract and law.
Thanking you
Yours faithfully
Representative of BHEL
Note: The Format may be suitably modified, as required, based on facts and
circumstances of the case.
FORMAT-31
FORMAT FOR NOTICE INVOKING CONCILIATION CLAUSE BY A
STAKEHOLDER FOR REFERRING THE DISPUTES TO CONCILIATION
THROUGH IEC
To,
BHEL (Head of the Unit/Division/Region/Business Group)
Dear Sir/Madam,
As you are aware, with reference to above referred
Contract/MoU/Agreement/LOI/LOA, certain disputes have arisen, which, in-spite
of several rounds of mutual discussions and various correspondences have remained
unresolved. The brief particulars of our claims which have arisen out of the above-
referred Contract/MoU/Agreement/LOI/LOA are enumerated hereunder:
We wish to refer the above-said disputes to Conciliation as per the said Clause
of the captioned Contract/MoU/Agreement/LOI/ LOA. In terms of Clause ---------of
Procedure i.e., Annexure ------ to the Contract/MoU /Agreement / LOI / LOA, we
hereby invite BHEL to provide its consent in writing to proceed with conciliation into
the above mentioned disputes within a period of 30 days from the date of this letter
along with details of counter-claims, if any, which it might have with regard to the
subject Contract/ MoU/ Agreement/ LOI/ LOA and to appoint suitable person(s)
as Conciliator(s) from the BHEL Panel of Conciliators.
This letter is being issued without prejudice to our rights and contentions
available under the contract and law.
Thanking you
Yours faithfully
Note: The Format may be suitably modified, as required, based on facts and
circumstances of the case.
FORMAT-32
To,
Sir,
In pursuance of the said letter, the said disputes are assigned to conciliation and
the following persons are nominated as Conciliator(s) for conciliating and assisting
the Parties to amicably resolve the disputes in terms of the Arbitration & Conciliation
Act, 1996 and the Procedure ---- to the subject Contract
......./MoU/Agreement/LOI/LOA, if possible.
a) …..
b) …..
c) …..
You are requested to submit the Statement of Claims or Counter-Claims (strike off
whichever is inapplicable) before the Conciliator(s) in Format 29 (enclosed herewith)
as per the time limit as prescribed by the Conciliator(s).
Yours faithfully,
Representative of BHEL
CC: To Conciliator(s)… for Kind Information please.
Encl: As above
Note: The Format may be suitably modified, as required, based on facts and
circumstances of the case.
Procedure-2.3
3. The party receiving the invitation/notice for Conciliation shall within 30 days
of receipt of the notice of Conciliation intimate its consent for Conciliation
along with its counter-claims, if any.
6. The first meeting of the IEC shall be convened by the IEC by sending
appropriate communication/notice to both the parties as soon as possible but
not later than 30 days from the date of his/their appointment. The hearings
in the Conciliation proceeding shall ordinarily be concluded within two (2)
months and, in exceptional cases where parties have expressed willingness to
settle the matter or there exists possibility of settlement in the matter, the
proceedings may be extended by the IEC by a maximum of further 2 months
with the consent of the Parties subject to cogent reasons being recorded in
writing.
7. The IEC shall thereafter formulate recommendations for settlement of the
Disputes supported by reasons at the earliest but in any case within 15 days
from the date of conclusion of the last hearing. The recommendations so
formulated along with the reasons shall be furnished by the IEC to both the
Parties at the earliest but in any case within 1 month from the date of
conclusion of the last hearing.
11. When a consensus can be arrived at between the parties only in regard to any
one or some of the issues referred for Conciliation the draft Settlement
Agreement shall be accordingly formulated in regard to the said Issue(s), and
the said Settlement Agreement, if signed, by the parties, shall be valid only for
the said issues. As regards the balance issues not settled, the parties may
seek to resolve them further as per terms and conditions provided in the
contract.
12. In case no settlement can be reached between the parties, the IEC shall by a
written declaration, pronounce that the Conciliation between the parties has
failed and is accordingly terminated.
13. Unless the Conciliation proceedings are terminated in terms of para 22 (b), (c)
& (d) herein below, the IEC shall forward his/its recommendations as to
possible terms of settlement within one (1) month from the date of last hearing.
The date of first hearing of Conciliation shall be the starting date for
calculating the period of 2 months.
14. In case of 3 members IEC, 2 members of IEC present will constitute a valid
quorum for IEC and meeting can take place to proceed in the matter after
seeking consent from the member who is not available. If necessary,
videoconferencing may be arranged for facilitating participation of the
members. However, the IEC recommendations will be signed by all members.
Where there is more than one (1) Conciliator, as a general rule they shall act
jointly. In the event of differences between the Members of IEC, the
decision/recommendations of the majority of the Members of IEC shall prevail
and be construed as the recommendation of the IEC.
15. The Draft Settlement Agreement prepared by the IEC in terms of the
consensus arrived at during the Conciliation proceedings between the Parties
shall be given by the IEC to both the parties for putting up for approval of their
respective Competent Authority.
17. In case the Draft Settlement Agreement is rejected by the Competent Authority
of BHEL or the other Party, the Conciliation proceedings would stand
terminated.
18. A Settlement Agreement shall contain a statement to the effect that each of
the person(s) signing thereto (i) is fully authorized by the respective Party(ies)
he/she represents, (ii) has fully understood the contents of the same and (iii)
is signing on the same out of complete freewill and consent, without any
pressure, undue influence.
19. The Settlement Agreement shall thereafter have the same legal status and
effect as an arbitration award on agreed terms on the substance of the dispute
rendered by an arbitral tribunal passed under section 30 of the Arbitration
and Conciliation Act, 1996.
21. Unless otherwise provided for in the agreement, contract or the Memorandum
of Understanding, as the case may be, in the event of likelihood of prolonged
absence of the Conciliator or any member of IEC, for any reason/incapacity,
the Competent Authority/Head of Unit/Division/Region/Business Group of
BHEL may substitute the Conciliator or such member at any stage of the
proceedings. Upon appointment of the substitute Conciliator(s), such
reconstituted IEC may, with the consent of the Parties, proceed with further
Conciliation into the matter either de-novo or from the stage already reached
by the previous IEC before the substitution.
c. By a written declaration of the Parties addressed to the IEC to the effect that
the Conciliation proceedings are terminated, on the date of the declaration;
or,
Sl No Particulars Amount
1 Sitting fees Each Member shall be paid a Lump
Sum fee of Rs 75,000/- for the whole
case payable in terms of paragraph No.
27 herein below.
2 Towards drafting of In cases involving claim and/or
settlement counter-claim of up to Rs 5crores.
agreement Rs 50,000/- (Sole Conciliator)
In cases involving claim and/or
counter-claim of exceeding Rs 5 crores
but less than Rs 10 crores.
Rs 75,000 (per Conciliator)
Sl No Particulars Amount
In cases involving claim and/or
counter-claim of more than Rs 10
crores.
Rs 1,00,000/- (per Conciliator)
Note: The aforesaid fees for the drafting
of the Settlement Agreement shall be
paid on the,
Signing of the Settlement Agreement
after approval of the Competent
Authority
or
Rejection of the proposed Settlement
Agreement by the Competent Authority
of BHEL.
3 Secretarial expenses Rs 10,000/- (one time) for the whole
case for Conciliation by a Sole Member
IEC.
24. The parties will bear their own costs including cost of presenting their
cases/evidence/witness(es)/expert(s) on their behalf. The parties agree to rely
upon documentary evidence in support of their claims and not to bring any
oral evidence in IEC proceedings.
25. If any witness(es) or expert(s) is/are, with the consent of the parties, called
upon to appear at the instance of the IEC in connection with the matter, then,
the costs towards such witness(es)/expert(s) shall be determined by the IEC
with the consent of the Parties and the cost so determined shall be borne
equally by the Parties.
27. Out of the lump sum fees of Rs 75,000/- for Sitting Fees, 50% shall be payable
after the first meeting of the IEC and the remaining 50% of the Sitting Fees
shall be payable only after termination of the conciliation proceedings in terms
of para 22 hereinabove.
29. The Parties shall keep confidential all matters relating to the conciliation
proceedings. Confidentiality shall extend also to the settlement agreement,
except where its disclosure is necessary for purposes of its implementation
and enforcement or as required by or under a law or as per directions of a
Court/Governmental authority/ regulatory body, as the case may be.
30. The Parties shall not rely upon or introduce as evidence in any further arbitral
or judicial proceedings, whether or not such proceedings relate to the Disputes
that is the subject of the Conciliation proceedings:
d. The fact that the other Party had indicated his willingness to accept a
proposal for settlement made by the Conciliator.
31. The Parties shall not present the Conciliator(s) as witness in any Alternative
Dispute Resolution or Judicial proceedings in respect of a Disputes that
is/was the subject of that particular Conciliation proceeding.
33. The Parties shall not initiate, during the Conciliation proceedings, any arbitral
or judicial proceedings in respect of a Disputes that is the subject matter of
the Conciliation proceedings except that a Party may initiate arbitral or
judicial proceedings where, in his opinion, such proceedings are necessary for
preserving his rights including for preventing expiry of period of limitation.
Unless terminated as per the provisions of this Scheme, the Conciliation
proceedings shall continue notwithstanding the commencement of the arbitral
or judicial proceedings and the arbitral or judicial proceedings shall be
primarily for the purpose of preserving rights including preventing expiry of
period of limitation.
34. The official language of Conciliation proceedings under this Scheme shall be
English unless the Parties agree to some other language.