The West Bengal Power Development Corporation Limited

Kolaghat Thermal Power Station

Office of The DGM(M & C)

CONTRACT CELL

Tender Document w.r.t. Notice Inviting Tender

Tender Ref. No. GM(K)/CC/F&S/2867 (Vol 5)

NIT NO: WBPDCL/KTPS/NIT/E2187/22-23

Sub:- Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

Page 1 of 51
Contents:

1. Schedule of Dates for e-Tendering 4

2. General Guidance for e-tendering 5
2. Registration of Bidders 5
3. Pre-qualification (PQR) for participation 5
4. Earnest Money 7
5. Collection of Tender Documents 8
6. Submission of Tenders 8
7. Submission of Bid Security/ EMD (To be submitted in 9
Fee/PreQual/Technical Cover) for Offline Deposition
8. Contract Performance Guarantee (CPG) 10
9. Additional Performance Security 10
10. Signing of Contract Agreement 11
11. Technical Proposal (Statutory Documents) 11
12. Submission/Upload of Non-Statutory Documents 12
13. Financial Proposal 12
14. Price 13
15. Conditional and Incomplete Tender 13
16. Tender Processing Expenses 13
17. Opening and Evaluation of Tender 13
18. Job Contractual period 15
19. Bid Validity 15
20. Acceptance of tender 15
21. Paying Authority 15
22. Controlling Officer 16
23. Scope of Work - Annexure – I 17
24. Commercial & Special Terms & Conditions-Annexure - II 19
25. General Terms & Conditions : Annexure - III 26
26. Mandatory Safety Clauses : Annexure IV 31
27. Examining Physican’s Report: Annexure V 36

28. Application For Issuance Of Height Pass: Annexure VI 40

29. Safety Clearance Certificate: Annexure VII 42

30. Particulars of the Contracting Agency : Annexure VIII 44
31. GST information: Annexure IX 47

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32. Bank Details Proforma : Annexure X 48

33. Proforma for EMD (Bid Security): Annexure XI 49

34. Proforma for Contract Performance Guarantee: Annexure XII 51

35. Proforma for Contract Agreement: Annexure XIII 54

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Schedule of Dates for e-Tendering :-

Sl. Milestone Date

No
1 Publishing Date 26.09.2022

2 Document Download start date 26.09.2022 at 11.00 Hrs.

3. Pre-Bid Meeting 12.10.2022 at 15-30 hrs in the

conference room of Adm. Build.
, KTPS, WBPDCL.
4. Bid submission start date 14.10.2022 at 16.00 Hrs.

5. Bid submission end date 05.11.2022 at 15.00 Hrs.

6. End date & Time of Physical sub- 09.11.2022 upto 14.00 Hrs.
mission of EMD Offline Deposition
of EMD

7. ‘Fee/PreQual/Technical’ cover 09.11.2022 at 14.30 Hrs.

opening date
8. Uploading of Technical Bid Evalua- To be notified later.
tion sheet
9. Financial Bid opening date To be notified later.

Bidder must fill up & submit BOQ sheet with all cells filled-up. Non-submission of this
sheet will lead to rejection of the bid.

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 The West Bengal Power Development Corporation Limited
Kolaghat Thermal Power Station
Office of The DGM(M & C)
COTRACT CELL

Notice Inviting Tender

Tender Ref. No. GM(K)/CC/F&S/2867 (Vol 5)

NIT NO: WBPDCL/KTPS/NIT/E2187/22-23

Sub:- Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

Tender is hereby invited by the General Manager (Kolaghat) WBPDCL for the service as men-
tioned elsewhere, through electronic tendering (e-tendering) from eligible , resourceful and eligible
and experienced contractors/ agency having sufficient credential and financial capability for execu-
tion of works of similar nature.

1. General Guidance for e-tendering

Interested bidders are requested to log on to the website https://wbtenders.gov.in to participate in

the bid.

2. Registration of Bidders

Bidders willing to take part in the process of e-tendering are required to obtain Digital Signature
Certificate (DSC) from any authorized Certifying Authority (CA) under CCA, Govt. of India.
(viz. nCode Solution, Safes crypt, e-Mudhra, TCS, MTNL, IDRBT ) or as mentioned in e-tendering
portal of GOWB https://wbtenders.gov.in. DSC is given as a USB e-Token. After obtaining the
Class 2/3 Digital Signature Certificate (DSC) from the approved CA they are required to register
the Digital Signature Certificates through the registration system available in the website.

3. Pre-qualification (PQR) for participation:

The bidder must submit self attested copies of the document of the followings:

a) The bidder must submit self attested copies of the document of the followings:

(i) PAN (Income Tax) .

(ii) Provident Fund A/C no.
(iii) GST registration number with GST registration certificate.

(iv) Document of Professional Tax (PT) Clearance Certificates/latest deposit challan

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 (v) ESI Code
(vi) Trade Licence

(vii) Current IT return certificate for FY 2018-2019, 2019-2020& 2020-2021 (for three years)

b. The bidder must have experience in execution of job of fire safety and fire fighting services in
large scale industry (fixed asset more than 10 crores) during last seven (07) years ending last day of
previous month from the date of NIT publication, directly under the Central/ State Govt. undertaking /
industrial organization incorporated under the Indian Companies’ Act. and having order values, either
in,

(1) a single completed contract with executed job value amounting to Rs. 36,79,114/- or above ex-
cluding taxes,(yearly value of ARC/AMC),

Or

(2) two (02) nos. completed contracts with each executed job value amounting Rs. 22,99,446/- or
above excluding taxes, (yearly value of ARC/AMC),

Or

(3) three (03) nos completed contracts with each executed job value amounting to Rs. 18,39,557/- or
above excluding taxes . (yearly value of ARC/AMC),

Bidder shall submit order copies & satisfactory completion certificate from the End user in support of
his credential. The supporting documents w.r.t. the completed job value must be submitted by the party
to ensure the job value of credentials.

c. Audited Balance Sheet to verify that the annual financial net worth in each of last three finan-
cial years (2018-2019, 2019-2020 & 2020-2021) of the intending party should be positive. The bidder
must submit self attested copies of the document of three financial years (2018-2019, 2019-2020 &
2020-2021) regarding this.

d. Audited Profit and loss A/C statement to verify that the average annual financial Turn

over should be Rs. 13,79,668/- or above in last three financial years (2018-2019, 2019-2020 &

2020-2021).

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 4. Earnest Money

i. Bidders must furnish the earnest money of Rs.91,978.00 (Rupees Ninety One thou-
sand Nine Hundred Seventy Eight ) only through Online Mode. In the payment mode of
the portal, online mode is to be selected and against online Banks, both ICICI Bank and
ICICI NEFT/ RTGS modes are to be selected.
ii. Deposition of EMD in the form of BG: Bidders may furnish the earnest money in the
form of BG of Rs.91,978.00 (Rupees Ninety One thousand Nine Hundred Seventy Eight)
only from any nationalized/scheduled bank authorized to do the business in India. BG will
be in the name of ‘The West Bengal Power Development Corporation Ltd. , and BG to-
wards EMD to be submitted physically to the office of DGM(M&C) , KTPS, WBPDCL, GM
bldg, KTPS, Mecheda, Purba Medinipur-721137,within the stipulated date as mentioned in
the ‘schedule of dates for e-tender’ . Payment in any other form eg: NSC, KVP etc will not be
accepted.

iii. EMD submitted as Bank Guarantee should have validity initially for One year from the date
of execution of BG with 03 months claim period. For the extension of the contract, validity of
this BG may be further extended with a claim period of 03 months. This extension of BG is to
be done within 30 days from the date of issuance of extension order. This Bank Guarantee
will be released after successful completion of total contractual period covering guarantee
period with due certification of controlling officer.

iv. Where Bank guarantee is submitted as EMD, exempted mode of the portal is to be selected
and scanned copy of Bank guarantee is to be uploaded. Original copy of Bank Guarantee is to
be submitted by the bidders by hand or through post 48 hours prior to opening of the bid,
failing which the bid may be rejected.

No EXEMPTION will be considered for EMD.

v. Once Award of Contract (AOC) is uploaded in the portal, EMD of the L-1 bidder will be automati-
cally transferred from the pooling account to the respective ICICI account of KTPS and EMD sub-
mitted by an unsuccessful bidder will be automatically refunded for Online mode of EMD submis-
sion.

vi. In case of cancellation of any tender, EMD of each bidder will be refunded automatically for
Online mode of EMD submission and within 30 days from the date of decision of cancellation
of Tender for Bank guarantee.

vii. EMD (in form of BG) furnished by all unsuccessful bidders should be returned without
any interest, after the Letter of Award is placed upon the successful L1, but not later than 30
(thirty) days from the placement of Order / LoA.

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viii. EMD of the successful bidder should be returned after receipt of contract performance
guarantee (CPG), if any, as called for in the contract. However instead of returning, it can be
converted into initial CPG provided the balance amount is remitted in the same form.

ix.. EMD will not accrue interest at any stage.

x. WBPDCL reserves the right to forfeit the Earnest Money deposit , if any tenderer , after open-
ing of tender, withdraws/varies, amends, impairs, revise their offer unilaterally or derogates or
revokes his tender , or if any document/statement submitted by the bidder in respect of qualify-
ing requirement or any other information is found to be untrue, or if successful Bidder fails to
execute the work order satisfactorily within the stipulated time as mentioned in the work order
or denies to accept the work order within the validity period of their offer, or if the acceptance
of order by successfull bidder is not received within the stipulated period or if the bidder
does not accept the arithmetical correction of its bid price , or if the successful bidder fails to
submit contract performance guarantee within stipulated date

5. Collection of Tender Documents:

Tenders are to be submitted online and interested bidders will have to download the tender
documents from the website https://wbtenders.gov.in directly with the help of the e-Token
provided. This is the only mode of collection of tender documents. Details of submission pro-
cedure are given below.
6. Cost Of Tender :

Bidders need not to furnish Tender Fees.

7. Submission of Tenders
7.1 General process of submission

7.1.1 Tenders are to be submitted online through the website https://wbtenders.gov.in. All
the documents uploaded by the Tender Inviting Authority form an integral part of the bid
documents. Bidders are required to upload all the tender documents along with the other
documents, as asked for in the tender, through the above website within the stipulated date
and time as given in the Tender.
7.1.2 Bidders must submit the Tenders in two covers i.e. (1)‘Fee/PreQual/Technical’ &(2) ‘Fi-
nancial’. Bidders must download tender specific documents (NIT/SBD, BOQ etc) from
https://wbtenders.gov.in , prepare the required documents and upload the scanned docu-
ments in Portable Document Format (PDF) to the portal in the designated locations.
7.1.3 Bidders need to fill up the rates of items in the BOQ, downloaded for the service, in the
designated cell of the BOQ spreadsheet and upload the same in designated location of
‘Finance’ cover.

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 7.2 The documents uploaded must be scanned against any virus and digitally signed using the
Digital Signature Certificate (DSC). Bidders should specially take note of all the adden-
dum/corrigendum related to the tender and upload the latest documents as part of the tender.

8. Submission of Bid Security/ EMD

(To be submitted in ‘Fee/PreQual/Technical’ COVER(1))

i. Deposition of Bid Security/Earnest Money Deposit (EMD) in the form of BG - Scanned
copy of BG towards EMD to be uploaded in ‘Fee/PreQual/Technical’ Cover as prescribed in the
NIT, in favour of ‘The West Bengal Power Development Corporation Limited’ on any nationa-
lized/scheduled bank .
N.B. The original copies of BG towards EMD must be submitted physically in the office of
DGM(M&C) , KTPS as per date & time schedule furnished in NIT ,page no 13,otherwise respective
tender will be considered as invalid. If the bidder fails to submit the original copies within the due
time his tender will not be opened and his bid will stand rejected.
ii. Online Deposition of Bid Security/Earnest Money Deposit (EMD) : Scanned copy of UTR no.
/online fund transfer receipt copy received by bidder from Bank towards Online Deposition of
EMD to be uploaded in ‘Fee/PreQual/Technical’ Cover for verification by WBPDCL .

Note: Any tender without physical submission of EMD in the form of BG as uploaded in
‘Fee/PreQual/Technical’ cover(1), will be considered as invalid.
Any tender without uploading Online Deposition receipt copy/ UTR copy of EMD in
‘Fee/PreQual/Technical’ cover(1), will be considered as invalid .
No EXEMPTION will be considered for EMD.

Note: Any tender without EMD, as uploaded in ‘Fee/PreQual/Technical’ cover(1), will be

considered as invalid .

9. Contract Performance Guarantee (CPG):-

Contract Performance Guarantee (CPG) is to be submitted towards guarantee for satisfactory execu-
tion of contract and fulfilment of terms and conditions contained therein.It is stated that the amount
of CPG shall be forfeited if the contractor fails to execute the contract and fulfil the terms and condi-
tions. The CPG can be set off by the Procuring Entity against its claims on the contractor on the said
contract or any other contract(s).
The validity period of CPG should cover the entire period of execution of job and where there is a de-
fect liability period, till expiry of such period plus 3 months claim period thereafter.

I. The successful Tenderer will have to deposit CPG as security, in

the form of Demand Draft/ Pay Order/ Banker’s Cheque /Bank
Guarantee for satisfactory execution of the contract and for
guaranteed performance of the executed works or services. The

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 amount shall be equivalent to @03% of the contract value and it
shall be deposited within 30 (thirty) days from the date of is-
suance of Work contract, or within the offer validity period,
whichever is earlier. In case the guarantee is given in the form
of Bank Guarantee (BG), then it should be issued from any
Scheduled Bank.

II. EMD of successful bidder may be converted into initial CPG

provided the balance amount is remitted in the same form.

III. No CPG shall be required for individual contractor having order

value upto Rs. 100,000/-.

IV. waiver of CPG will be given only in exceptional cases with the
approval of Competent Authority. When the contract value is
above Rs. 50 lakh, CPG in the form of Bank Guarantee only
shall be acceptable.

V. Even SSI units are not exempted from submitting the CPG for
the works/services to be executed as per terms specified in
N.I.T.

Contract Performance Guarantee (CPG) can be released after successful execution of completion of
works or after expiry of defect liability period in line with explicit provision in this regard under the
Contract.

10. Additional Performance Security:-

Additional Performance Security @10% of the tendered amount will be obtained from the suc-
cessful bidder if the accepted Bid value is 80% or less of the estimated value. The Additional Per-
formance Security shall be submitted in form of Bank Guarantee in the name of ‘The West Ben-
gal Power Development Corporation Ltd.’ from any nationalized / scheduled bank . If the bid-
der fails to submit the Additional Performance Security within Seven Working days from the
date of issuance of LOA/ Contract, his earnest money will be forfeited and other necessary ac-
tions may be taken as penalty. The Bank Guarantee shall have to be valid upto the end of the
contract period and shall be renewed accordingly, if required.

The Bank Guarantee shall be returned on successful completion of the contract. If the bidder fails
to complete the work successfully, the Additional Performance Security shall be forfeited at any
time during the pendency of the contract period after serving proper notice to the contractor.

11. Signing of Contract Agreement

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 I. In respect of a turnkey contract / W.O. / LoA / LoI / AMC for any project / works/ services
including any civil works of contract value in excess of Rs. 50,00,000/- (Rupees Fifty lakhs only),
the concerned vendor/contractor must submit contract agreement (as per attached annexure XIII
) in non-judicial stamp paper of appropriate value duly filled in all respect to the order issuing
authority for acceptance before commencement of works / Services and claiming advance
amount, if any, as per provisions of the contract but not later than 30 (Thirty) days from the date
of issuance of LoA.
II. The said agreement (to be submitted in duplicate) will be duly signed by both authorized repre-
sentative of WBPDCL (Engineer-in-Charge of the job contract or any other officer authorized by the
competent authority) and vendor/authorized representative of vendor.
III. One such copy of agreement, on acceptance should be invariably be given to respective head of
Accounts department of plant/ Corporate offices and Legal Department at Corporate Office.

12.Technical Proposal (Statutory Documents)

[To b submitted in ‘Fee/PreQual/Technical’ COVER(1)]

The following documents in standard formats should be uploaded in Fee & Technical cover:
i. Notice Inviting Tender (NIT)/ Standard Bid Document (SBD) – The NIT /SBD as pub-
lished is to be downloaded, then digitally signed and uploaded.
ii. PQR documents in support of Bidders’ qualification (as per clause no. 3(a),(b),(c),(d)).
iii. Technical Offer /Technical Doc along with Technical compliance & BOQ sheet in un-
priced format as mentioned below.
Note: Tenders will be summarily rejected if any of the above items in the statutory cover is miss-
ing in the uploaded documents.

11. Submission / Upload of Non-Statutory Documents

Following instructions / documents are to be uploaded along with the Bid.

i. Name of Contract Person, Postal Address, Contract No. & E-mail ID for Communication i.r.to
this tender and Contract.

ii. Company Details:

a) Valid Registered Deed for the Firm / Consortiums from Registrar of Assurances is to be submit-
ted. Application for registration will not be considered. Any change in the constituents of the consor-
tium/ firm should also be registered from the Registrar of Assurances prior to the date of application
of tender otherwise his bid will be rejected.

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b) Company registration certificate as per Company’s act for Limited Company. Memorandum of
articles for Limited Companies is to be submitted on demand.

c) Society Registration, Audit report, ARCS Certificate and Bye-Laws for Cooperative Societies.

d) Agency should not have been debarred/ blacklisted by any of the Government organiza-
tion/Enterprise, Quasi Govt. organization / Autonomous body under any Government. Bidder
should submit a “Declaration” in this regard.If any agency is debarred/blacklisted during the
process of the bidding as above , his bid will be considered as invalid.
e) The bidder will submit the “Declaration of Labour licence” that the labour licence for this job as
per requirement , will be submitted .

iii. Addenda/Corrigenda: if published.

Note: Bidders are to keep track of all the Addendum/Corrigendum issued with a particular
NIT and upload the download copies of the above documents and merge the Addenda/Corrigenda
with respective NIT/SBD in the NIT/SBD cover . Tenders submitted without the Addendum
/Corrigendum may be rejected as per discretion of tender evaluation authority.

iv. Deviation: Bidders are not allowed to take any deviation from the principal requirement of the
specifications.Any deviations, if taken by the bidder,shall run the risk of being the tender declared as
non responsive by the owner.

12. Financial Proposal

(To be uploaded in ‘FINANCE’ COVER(2))

The financial proposal should contain the following document in one cover.
Bill of Quantities (BOQ): The bidder is to quote the percentage rate in the space /cell marked
for quoting rate in the BOQ. (Only downloaded copies of the above documents are to be uploaded,
virus scanned and digitally signed by the bidder) EVALUATION WILL BE MADE ON THE BASIS
OF QUOTED RATE (excluding taxes) & in totality basis .

13. Price :-

The contractor should quote rate considering Scope Of Work , Commercial & special Terms &
Conditions , General Terms & Conditions and Mandatory Safety clauses & upload the same for
this tender.
Before quoting the rates, Tenderers must consider all the aspects of expenditures of the en-
closed Annexure-I (Scope of Work). For any other information / clarifications the the Sr. Manager &
HOD (E&S), KTPS, (Contact No. 8336903920) may be contacted.

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15. Conditional and Incomplete Tender

i) Conditional and incomplete tenders are liable to summary rejection as per discretion of ten-
der evaluation authority.
ii) Conditional & incomplete price bid (BOQ) of this tender will not be accepted. Bidders must
quote for all items mentioned in BOQ .BOQ sheet , with all cells in filled up condition , must be sub-
mitted in “Finance” cover. Non-submission of this sheet in ‘Finance’ cover & partial quoting

will lead to rejection of the bid.

iii) All the uploaded documents will have to be attested by the bidder with official seal of the
agency/company and digitally signed.
16. Tender Processing Expenses
All the cost and expenses incidental to the submission of the tender, cost of Technical Survey, discus-
sions, conferences if any shall be to the account of the tenderer irrespective of whether the tender is
accepted or not and the KTPS shall bear no liability whatsoever on such cost and expenses incurred
by participant.

17. Opening and Evaluation of Tender:-

17.1 Opening of Technical Proposal:-

i) Technical proposals will be opened by Sr.Mgr.(CC), KTPS or his authorized representa-

tive electronically from the website stated in Clause 1, using their Digital Signature Certificate, on
the date of opening as mentioned in the ‘schedule of dates’ in this tender.In case,if the schedule
date of opening of the tender is declared as ‘Holiday’ in KTPS due to any reason , then tender open-
ing will be done on next working day.
ii) Technical proposals for those tenders whose original copies of DD/Pay Order / Bankers
Cheque / Demand Pay towards EMD have been received will only be opened. Proposals corres-
ponding to which EMD have not been received will not be opened and will stand rejected (Ex-
cept for those bidders who are exempted from submission of EMD).
iii) Interested bidders may remain present if they so desire.
iv) Technical Cover (comprising of Statutory Documents as per sl. 10 and Non-statutory
Documents as per sl.no 11) will b e op ened. If there is any deficiency in the Statutory Docu-
ments, the tender will summarily be rejected.
v) Decrypted (Transformed into readable formats) documents of the Statutory (as per sl. 10) &
Non-statutory Cover (sl . No. 1 1)will be downloaded, and handed over to the Tender Evaluation
authority.
vi) Technical Proposal will be evaluated depending upon submission of original copies of
EMD, PQR documents , OID (other important document) etc . While evaluation, the Committee

Page 13 of 51
may summon the bidders and seek clarification / information or additional documents in sup-
port of uploaded document as per discretion of tender evaluation authority or original hard copy
of any of the documents already uploaded and if these cannot be produced within the stipulated
timeframe, their proposals will be liable for rejection.
vii) During technical evaluation process , if any tender is observed to be associated with any
false statement/documents ,that tender will be summarily rejected and EMD will be forfeited.

17.2 Uploading of Summary List of Technically Qualified Bidders

i) Pursuant to scrutiny and decision of the Technical Evaluation authority, the sum-
mary list of eligible bidders for which their Financial Proposals will be considered will be up-
loaded in the web portals.

17.3 Opening and evaluation of Financial Proposal

i) Financial proposals of the Bidders declared technically eligible by the Tender Evaluation
authority will be opened electronically from the web portal on the prescribed date, normally
after two working days after the date of publication of final summary list of the Bidders.

ii) The encrypted copies will be decrypted and the rates will be read out to the bid-
ders, present at that time of bid opening.
iii) Tender evaluation (price Bid) will be done on the basis of lowest quoted landed
cost/rate/price in the price bid (BOQ) .
iv) After evaluation of Financial Proposal, by Tender Evaluation authority, the final summary
result, name of bidder and the rates quoted by the bidders against service will be uploaded.
v) The Tender Accepting Authority may ask any of the Bidders to submit analysis to justify
the rate quoted by that Tenderer and to submit or produce any document in original for verifica-
tion/clarification
vi) Overall Lowest bidder will be first considered for placement of order and Tender Evalua-
tion authority may ask the party to submit the price break up.
vii) The Corporation reserves the right to accept or reject any tender or entire tenders.

18. Shortfall Documents : Any requisite document not uploaded by the bidder or any additional
document which may be required by the Tender Committee for technical evaluation can be asked
for by the procuring entity for submission of the same by the bidder offline within shortest time
but before 48 hours of Price Bid opening time. However, such opportunity, shall not be extended
in case the Tender Committee otherwise considers the bid as non- responsive. If the bidder fails
to submit required documents within stipulated time, WBPDCL reserves the right to cancel that
bid unilaterally.

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19. Contractual Period :-
a) The contract will remain valid for one (01) year and subject to satisfactory performance and as
per sole discretion of the WBPDCL authority. Site reporting date will be informed to you by Con-
trolling Officer.

b) However, during this tenure, contract may be short closed (one months notice will be served by
WBPDCL in advance) at the discretion of the WBPDCL authority.

20. Bid Validity:-

The Bid shall remain valid for six (06) months from the date of opening of tender (Part-I), or until
the contract is finalized, whichever is earlier.

21. Acceptance of Tender:-

Bidders must quote for all items mentioned in BOQ sheet. Bids with Lowest valid rate should
normally be accepted. However, the Tender Accepting Authority does not bind himself to do so
and reserves the right to reject any or all the tenders, for valid reasons and also reserves the
right to split the order, alter the quantity of any or all Bidders.

22. Paying Authority :-

Dy. G.M. (F&A), /Sr.Mgr.(F&A) KTPS.

23. Controlling Officer :-

The Sr. Manager & HOD ( E&S ), KTPS,

24. Cancellation of tender:

The tender may be cancelled, as per discretion of WBPDCL authority.

25. Termination or Cancellation of Contract The Competent Authority may terminate a contract
in the following cases.

a. Cancellation of contract for default on the part of Contractor

a)If the contractor fails to execute whole or part of the works within the time period(s) specified in
the contract, or any extension thereof granted; and/or

b) If the contractor fails to perform any other obligation under the contract within the period spe-
cified in the contract or any extension thereof granted.

b. Termination of contract for insolvency

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 If the contractor (or any Member of the JV, consortium/collaborator if applicable) becomes bank-
rupt or becomes otherwise insolvent or undergoes liquidation or loses substantially the technical
or financial capability (based on which he was selected for award of contract), the contract may
be terminated without compensation to the contractor, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to
Procuring Entity.

c.Termination of contract for Procuring Entity’s failure/convenience

After placement of the contract, there may be an unforeseen situation compelling Procuring Entity
to cancel the contract. In such a case, a suitable notice has to be sent to the contractor for cancella-
tion of the contract, in whole or in part. The notice shall also indicate the date from which the ter-
mination will become effective. This is not Procuring Entity’s legal right – the contractor has to be
persuaded to acquiesce. Depending on the merits of the case, the contractor may have to be suitably
compensated on mutually agreed terms for terminating the contract. Suitable provisions to this
effect should be incorporated in the Tender document as well as in the resultant contract.

26. Extension of tender:

This tender may be extended depending on the number of adequate bidders or any other reason
whatsoever as per discretion of the KTPS, WBPDCL authority.

Page 16 of 51
 ANNEXURE- I

Scope Of Work

Sub: Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

Sl. Item Description

No.

1. Controlling of fire emergencies, gas leakage emergencies or any other emergencies if arises inside the Fac-
tory as per instruction.

2. To attend for firefighting & to control fires at the beck and call on round the clock basis. Using proper fire
extinguisher around the Power Plant and at all locations of different areas of plant such as coal handling
plant, boiler & auxiliaries, turbine & auxiliaries, UCR, ECR, Switch Yard, MCC Transformer cable vault and
gallery etc. including fire fighting in coal stack-yard.

3. Checking the healthiness and stock of extinguisher daily. Arrangement of topping up extinguisher chemi-
cals as and when necessary.

4. Checking the healthiness of fire fighting system (Water, Foam and Gas etc.) and its equipments and opera-
tion of the system on round the clock basis.

5. Regular Fire Pumps operation and its checking also checking of Fire hydrant system and sprinkler system.

6. Breathing apparatus and safety shower checking of chlorine & Ammonia gas systems, Acid etc. wherever it
required.

7. Operation of Mock drill on Fire, Gas leakages(Chlorine, Ammonia etc.) on regular basis

8. Attending all fire / emergency calls, plant stand-by duty during start up, shut down plant emergency, hot
work at turbine houses and as per requirement Operation and Maintenance of fire extinguishers, water
monitor. BA set if required.

9. Round the clock surveillance of fire and safety aspects of KTPS during plant operation and running main-
tenance as per instruction of the Controlling Officer.

10. Regular checking / testing / running maintenance of electrical side of all the fire related detector system /
Alarm system / Control Panel / Module box etc.

11. Lubrication of all the fire fighting equipments where required.

12. Regular checking of High Pressure Monitors.

13. Maintenance and record keeping of all Fire & Safety systems e.g. emergency cupboard maintenance. All
related apparatus, fire extinguishers, hoses, nozzles etc. proper documentation & record keeping and
keeping as per procedure defined by the Controlling Officer.

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14. Checking & maintenance of Riser lines with Hose Box, Hose reel. Valve operation etc.

15. Disposal of waste of fire & fire extinguisher in safe places as per norms.

16. Site store maintenance and record keeping.

17. Refilling and placing of Stand Buckets.

18. Arrangement of fire safety (Control & Preventive) training to the Company Plant personnel and contractor
workers. It is to be programmed as per schedule formulated by the in-charge Fire & Safety department.

19. Operation of practical Firemen drill such as Hose drill, Hydrant drill, Rescue drill, ladder drill, BA set drill,
Pump drill etc. on regular basis.

20. Surveillance on housekeeping and unsafe conditions in the factory premises.

---------------------------------------------------- XXX ------------------------------------------------------

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 ANNEXURE- II

COMMERCIAL & SPECIAL TERMS & CONDITIONS

Sub: Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

1. Rate: Rate should be quoted in BOQ for one year contract and quoted rate will be as monthly lump-
sum basis and it will remain firm throughout the contractual period.

Price: The total monthly quoted price should be exclusive of taxes and inclusive of the cost of
labours (skilled / semi-skilled workers), and night shift allowances, charges for supervisors,
cost of safety PPEs, and all other incidental charges required for smooth execution of job con-
sidering scope of work, Commercial terms and conditions and general terms and conditions as
per NIT.
2. TAXES & DUTIES :
TAXES & DUTIES: GST will be paid extra as per GST council and as per SAC. Beside this, any other new
imposition of statutory expenses made by Govt. of India (as applicable) will be paid extra on production of do-
cumentary evidence. Any amendment or modification on Govt. taxes & duties w.e.f. 01.07.17 will be considered
at the time of billing subject to documentary evidence.
Taxes as applicable in post-GST scenario. Any changes in provision of GST including applicability of certain provi-
sions
which for the time being is deferred is deemed to be applicable in this Order.

3. i) MAN POWER & DUTY HOURS :

The estimated Total manpower will be 16 nos. Contractual Workers. The said manpower will
comprise of the following:
13 (thirteen) nos. semi skilled Fireman.
03 (three) nos. skilled Fire Supervisor.)
They will do job either in general shift or in shift including Sunday & holiday. The time sche-
dule for duty will be as followed or as decided by The Controlling Officer.

Duty Hrs. : - Work shall go on round the clock in three shifts including Sunday & holiday. The
time schedule for duty will be as followed or as decided by The Controlling Officer.
Shift timing are as follow : - Morning shift : - From 06.00 hrs. to 14.00 hrs. Evening shift: -
From 14.00 hrs. to 22.00 hrs. Night shift : - From 22.00 hrs. to 06.00 hrs.
and any other duty hours as per requirement and as instructed by the controlling officer.
Arrangement of duty will be made in such manner that work have to be undertaken at any time of day
& night as per requirement and as per discretion of the controlling officer.

ii) On emergency, you will have to attend the urgent work or any sort of work like breakdown
or emergency work in extended hours within the scope of contract beyond normal duty
hours (08 hrs.) in any day in any shift duty or you will have to continue the work beyond

Page 19 of 51
 normal working hours (08 hours) in any day in any shift duty as and when required at site
and as per requirement & as per discretion of the controlling officer.
iii) Working hours may be changed as per discretion of the Controlling Officer.
iv) Deployment of manpower will be as per instruction of the Controlling Officer. and it may be on round
the clock basis including Sunday, off day and holiday.
v) Concurrence of the Controlling Officer or his authorized representative must be obtained for deploy-
ment of the total head to be engaged in the assigned job. You have to arrange the manpower in shifts
for effective utilization in consultation with the representative of the Controlling Officer.
vi) The Company’s employed own workers should leave the site as soon as the contract is over and
contractor leaves the site.
vii) For monitoring of effective manpower utilization, you will have to furnish every working day man-
power strength to the concerned Controlling Officer or his authorized representative.

viii) Deployment of manpower: Concurrence of the controlling officer or his authorized representative
must be obtained for deployment of the total head to be engaged in the assigned job. You have to
arrange the man power for effective utilization in consultation with the representative of the con-
trolling officer as per requirement . Existing pattern of placement of the manpower shall not be
changed without approval of the ordering authority. For monitoring of effective manpower utiliza-
tion, You will have to furnish every working day manpower strength to the concerned Controlling Of-
ficer or his authorized representative.
ix) The contractor should follow the duty chart of the operating personnel for each month, after
consulting with the Controlling Officer.
x) Availability of manpower: To combat the emergency need, manpower along with supervisors should
be at beck & call. Prior permission of the controlling officer is essential for allowing leave of any of
your personnel engaged for MC at KTPP.
xi) Execution of Work : The job is to be carried out round the clock as per the instruction of Controlling
Officer or his representative.He will be at the liberty to stagger the normal duty hours of different em-
ployees for utilization of service at any portion of day / night. The contractor will arrange for adequate
replacement against any person proceeding on leave or absenting himself for any indisposition.

4.i) QUALITY OF WORKERS : - The contractor should engage quality workers who are well
conversant with the job. If the skill and / or attitude of any workmen is found unsuitable for
the work or detrimental to site, he should be withdrawn and replaced immediately as per
discretion of the Controlling Officer.
ii) In case any worker is found not working satisfactorily on a particular day, he may be withdrawn im-
mediately by the Asstt. Managers in shift and will be marked absent for the whole day/part of the day
as deemed fit. The decision of Asstt. Manager in shift is final.

iii) Contractor shall have to replace unsuitable workmen within 24 hrs. of notice by the Controlling Offic-
er. Unbecoming attitude of any worker will not be tolerated and the workman if found doing the same
act should immediately be replaced.

5.
WAGES & BENEFITS TO THE WORKERS TO BE DEPLOYED :-

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 You will have to pay prevailing minimum wages, statutory benefits & other benefits as applicable.
6. MODE OF BILLING:-

MODE OF BILLING:- All monthly bills(along with GSTN & SAC against each job / respective service) as per
monthly lumpsum amount are to be submitted in triplicate to the controlling officer along with actual atten-
dance of the workers in a month , job completion /inspection & other reports as relevant duly certified by the
controlling officer & signed by the contractor & WBPDCL.
All billing will be done as per SOP (Standard operating Procedure) in SAP system.

7. PAYMENT TERMS :-
100% payment shall be made against your monthly lumpsum bill with tax within 30 days from the date of
submission of your bill in triplicate to the controlling officer who will process for payment as per procedure(SOP)
in SAP on completion of jobs in all respect including removal of all scrap materials and onward transmission to
F&A Department through HR&A Department, KTPS for arranging payment. Payment will be made from the Of-
fice of the Dy.G.M. (F&A), KTPS on submission of the following documents (as applicable). a) Permanent Ac-
count No., b) GSTIN,(C) GST registration certificate/GST Provisional registration certificate, (D) SAC (against
job / respective service) (d)Professional Tax No., etc.
All payment will be done as per SOP (Standard operating Procedure) in SAP system.
8. GUARANTEE: - The contractor will be held responsible to produce quality job during entire
period of the contract and failure of any equipment due to bad workmanship may attract pe-
nalty. In case of failure of any equipment attended by the contractor and if it is due to bad
workmanship, then the contractor will be liable to rectify the same at his own cost within
guarantee period.
9. WBPDCL will not be responsible for any theft / loss of materials brought to site by the contract.
10. You will have to take all necessary steps regarding transfer of P.F. contribution satisfactorily
otherwise Earnest Money may not be released.
11. Existing pay structure of wages of the workers and strength of manpower will not be changed/increased
under any circumstances without approval of WBPDCL authority.
12. You will have to take all necessary steps regarding transfer of P.F. contribution satisfactorily
otherwise Earnest Money may not be released.
13. SITE CLEANING & REMOVING OF SCRAPS: - Site cleaning for safety as well as for con-
venience of the maintenance & operation activities must be done by you up to the satisfaction
of the Controlling Officer after completion of the job. All scrap materials should be removed to
the place specified by the Controlling Officer after completion of job within seven days, other-
wise, the job should not be treated as 'COMPLETE' and penalty will be imposed as mentioned in
clause of 30.i) (LIQUIDATED DAMAGES - L.D.).

14. ESI PREMIUM DEPOSITION :-The subject matter is as follows:

"The Contractor has to comply with ESI provisions under ESI Act,1948 i.r.o deployed work-
men under this order. Towards release of monthly RA bills, the contractor has to submit ESI
challan & payment confirmation slip for previous month, which will be paid on the basis of
actual attendance / payment to the ESI authority".

15. GPA premium reimbursement: The contractor has to obtain Group Personal Accident Insurance
Policy i.r.o. all workers from the designated Insurance Company". To claim reimbursement of the
premium, the agency in required to submit money receipt, list of covered workers and health cover
note.

Page 21 of 51
16.i) LIQUIDATED DAMAGES (L.D) for Delay : In the event of any delay in the execution of works
beyond the stipulated completion schedule including any extension permitted in writing, the
Corporation reserves the right to recover from the contractor a sum equivalent to 0.5% of the
value of delayed work for each week of delay and part thereof subject to a maximum of 10% of the
total value of order.

ii) Performance LD:In the event of non attainment of functional parameters/ guarantees stipulated in
the NIT, the contractor shall be liable to levy of liquidated damage. The quantum of such perfor-
mance LD along with LD for delay shall not exceed 10(ten) percent of the contract price.

17. FAILURE OF UNDERTAKING THE JOB :- If the party fails to undertake the job as a
whole,WBPDCL will take necessary action against the party and any security deposit/EMD
may be forfeited as per discretion of the WBPDCL authority.
18. NON-COMPLIANCE: In case of failure to attend any assigned job on the part of contractor,
the work may be got done by any other agency in the interest of the corporation. In case of
any assigned job in the scope of the contract is to be done by any other agency due to non-
compliance on your part within the contractual period, the cost of job incurred by WBPDCL
will be deducted from your total pending bill amount which are pending for payment to you
from WBPDCL or from the security deposit at the discretion of the Controlling Officer.

19. TERMINATION OF CONTRACT: - The order may be terminated at the sole discretion of
WBPDCL authority with one (01) month's prior notice, if your performance is not found satis-
factory at any stage during the contractual period, without providing any benefit/claim in
any form towards compensation.
20. SOLVENCY : - Contractor will have sufficient fund to pay the monthly salaries of their worker
as well as Contractor should be capable to bear all the expenditures required for execution of the jobs
for consecutive two (02) months even if the bills are not passed for any reason for at least two
months or deferred payment by WBPDCL for any reason whatsYoever
21. SAFETY MEASURES :-
The workman under your control will be working in the vicinity of running equipment
and thus proper instruction should be given to all workmen under your control to be careful
and strict supervision to maintain to avoid any accident, loss of life or damage to the
WBPDCL property.

(a) You are to abide by Mandatory Safety Clauses enclosed herewith as Annexure- IV

WBPDCL in no way shall be responsible for safety of your workmen and for any untoward
incident WBPDCL will bear no responsibility.

(b) SAFETY CLEARANCE CERTIFICATE: Successful bidder should have to take safety clearance
certificate from Fire & Safety deptt. of KTPS,WBPDCL in prescribed format as per Annexure V of the
tender document , after completion of job. In this regard,our safety department may be contacted.

22. MEDICAL FACILITY : - The Contractor must have to arrange Medical facilities to their
workers at their own cost. Only first Aid facility will be extend to worker at KTPP Hospital.
In case of any accident, other cost will be borne by the contractor.
23. DOCUMENTATION:

Page 22 of 51
a) WORK PLAN: The party has to submit work plan in form of Bar-chart/Network etc to the control-
ling officer in duplicate before start of work.
b) MANPOWER: The party has to document details of manpower engaged daily against each work & a
summery thereon and submit along with the bills
c) JOB REPORT: The party has to document the details work carried out, check / inspec-
tion/adjustment/de/re-commissioning data, material consumed, time spent, manpower etc. counter-
signed by WBPDCL & submit in duplicate with the bills
d) PROGRESS REPORT : The party has to report daily work progress along with next day plan to the
Controlling Officer.
e) Wage-Sheet :- The Xerox Copy of each monthly wage sheet must be submitted to the HR&A. Wing,
KTPS.
f) Daily attendance with mentioning time should be produced on next day to the Controlling Officer for
certification of the same
24. MISCELLANEOUS:
a) BOARDING /ACCOMMODATION: Under bidder’s scope.
b) EOT Crane/Hydra if required will be provided by WBPDCL as per availability
c) Electricity, water supply and lighting arrangement at working place will be made available by
KTPS/WBPDCL free of cost.
d) All legal matters will be dealt under Kolkata jurisdiction only.

Page 23 of 51
ANNEXURE- IV General Terms & Conditions

Sub:- Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

STATUS OF THE MANPOWER OF THE CONTRACTOR OR ITS SUB-CONTRACTOR DULY

APPROVED BY THE AUTHORITY:-

Contractor has to mobilise its manpower for accomplishment of the contractor’s assignment in respect
of the relevant Work Order. It may please be understood that the none of the employees of the contrac-
tor and/or its Sub-contractor (s) shall have any relationship whatsoever with KTPS, The WBPDCL
under this contract. KTPS, The WBPDCL’s relationship with the contractor is on a Principal-to-Principal
basis. KTPS,The WBPDCL authority shall not be liable or responsible for any other obligations and/or
liabilities of any kind vis-à-vis the concerned (M/S. …………..) and the employees of the contractor
and/or its sub-contractor(s). Contractor shall indemnify and always keep KTPS, The WBPDCL indemni-
fied for in the event of having to suffer any loss and/or damage on the part of the KTPS, The WBPDCL
which is attributable to any Act and/or omission on the part of contractor and /or on the part of its sub-
contractor (s).

01. ENGAGEMENT OF SUB-CONTRACTORS : Without prejudice to the any/or all contents

stated at Cl. No. 1 above, no sub-contractor can be engaged by the contractor for accomplishment /
carrying out full or part of any job under the contract. However, if The WBPDCL specially approve,
sub-contractors can be engaged for providing skilled and semi-skilled manpower (i.e. below the super-
visory level) for their utilization in connection with this contract. However, before engaging sub-
contractor, the main/principal contractor should indemnify KTPS, The WBPDCL from any le-
gal/financial or any other loss, as the case may be arising out of the work performed by the concerned
sub-contractor. (Principal Employer’s Certificate in Form-V for obtaining the Labour Licence under
Contract Labour (Regulations & Abolition’s) Act, 1970 and the rules framed thereunder, will be issued
in favour of the Main Contractor i.e. to whom Work Order has been awarded by KTPS. No Form-V will
be issued to any sub-contractor.)

02. COMPLIANCE WITH STATUTORY REQUIREMENTS AS REGARDS WORKMEN TO

BE ENGAGED BY THE CONTRACTOR :
a) i) Rate of Wages : The contractor is to pay wages to all workmen to be engaged by
him under this work order as per the wages pattern in vogue applicable for contractor’s workers at
KTPS at the relevant point of time.

ii) Witness of the Payment of Wages : The KTPS, being the Principal Employer, shall
ensure the presence of his authorized representative (s) at the place and time of disbursement of wages
by the contractor to its workmen and it shall be the duty of the contractor to ensure the disbursement of
wages in the presence of such authorize representative (s ) of KTPS.

b) Norms of payment of wages and deductions from wages: Statutory provisions in

terms of the Payment of Wages Act are to be strictly adhered to.

c) Rate of Wages, wage period and date of disbursement of wages shall be suitably notified
by the contractor for information of all the workmen to be engaged by the said contractor. KTPS P&A
wing should be informed well in advance of the above particulars, thus enabling the said department
to witness the above payment of wages. Records of wages disbursed to the workmen must be submit-

Page 24 of 51
ted to KTPS P&A Dept., otherwise, the next month’s payment by KTPS, The WBPDCL to the contractor
will be withheld.
d) Inspection of records and registers under the various Labour Laws : Pertinent records
are to be made available at the site office of the contractor for inspection by the KTPS P&A Department
as well as by duly authorize inspectors to be deputed by Govt. of West Bengal Labour Department
from time to time.

03. Provident Fund : (a) From the first day of engagement of any workman/employee by the
contractor under the instant Work Order, the said workman/employee shall be the member of the
Provident Fund of the said contractor’s firm. It is the incumbent on the successful tenderer / bidder to
deposit both sides’ of share (Employers & Employees) of P.F., E.P.F. etc contributions (monthly) with
the E.P.F.O. within the prescribed time limit. Whilst the employees’ share of contribution is recovera-
ble from the employees’ wages for the concerned month, the said bidder is to pay employers share of
contribution and administrative charges, as applicable from his own. The rate of quotation should be
inclusive of such cost. A copy of the Membership details is to be sent to the Regional Provident Fund
Commissioner and a copy of the same shall be furnished to KTPP P&A Wing for information and
records.

(b) Before claiming periodically / monthly bill, three copies of P.F. contribution deposition challans,
copies of Form 12 A® duly received by P.F. authority and a statement showing individual contribution
as per enclosed Format-I required under Para-36B of E.P.F. Scheme-1952, within 7th day of next month
together with a list of workmen/employee in respect of whom P.F. contribution deposited with the
appropriate authority is to be submitted for verification & certification of P&A Dept. for releasing the
monthly bill.

(c) All relevant records pertaining of deposit of P.F. Contribution etc. shall be made available at the
contractor’s site office for inspection by P.F. Inspector as well as by the KTPS P&A Wing as and when
required.

(d) Contractor has to submit all relevant documents & papers to P&A Wing as required for IR clear-
ance for release of final bills & security deposit after completion of contractual period.

04. Compliance of the provisions under the different statutes as applicable : The contractor is
to comply with the statutory provisions under the different Acts as applicable. The contractor must
obtain license under the Contract Labour (R&A) Act,1970 and for further information and guidance,
the contractor may contact KTPS P&A Wing. The successful bidder is also liable to indemnify KTPS,
The WBPDCL under Section 12 (2) of The Workmen Compensation Act, 1923 before commencement of
the work.

05. Safety of workmen to be engaged by the contractor : Safety precautions are to be strictly
adhered to by the contractor as per clauses detailed in the Annexure-V.

a) Employment Injury : In the event of employment injury in respect of any workman to be engaged
by the contractor, the said contractor at the first instance should arrange First Aid Treatment for the
injured workman at his own cost. However, depending upon the nature of injury, treatment shall be
arranged in all respect of such workman at KTPS Hospital, based upon the available facilities. Howev-
er, further treatment, if required, shall be arranged by the contractor at his cost.

06. Insurance for workmen’s compensation: The contractor shall take insurance policies to
cover the said risks and all administrative arrangements and incidental jobs thereto are to be underta-
ken by the contractor. In the event of furnishing of incorrect and incomplete, non-furnishing of infor-
mation, on the part of the contractor, resulting in non-admission of claim to the Insurance Company,

Page 25 of 51
the contractor shall be liable to pay the compensation to the concerned parties at his own risk and peril.
The WBPDCL shall not be liable for in respect of any damage for which compensation payable in
consequence of any accident or injury to any workman due to the aforesaid act on the part of the con-
tractor. The contractor is to indemnify The WBPDCL against the payment of above Workmen Com-
pensation. As regards the rate of Insurance Premium and other administrative formalities, KTPS P&A
Wing may be contacted. For the purpose of Administrative convenience, Insurance Policy preferably
be taken from any of the Nationalised Insurance Companies.

07. Insurance for Public Liability and Property Damage : The contractor shall have to abide by
the Rules & Regulations framed by KTPS authority which may change from time to time in the interest
of the Project/Power Station i.r.o. Public Liability Insurance Act, 1991.

08. Security Checking Pass : (i) For issuance of Individual Security Checking Pass in the name of
Manpower to be deployed by the contractor, under-noted points are to be mentioned in the said Check-
ing Pass :
(a) Labour Licence Number,
(b) Company’s P.F. Code No.,
(c) Individual P.F. A/c. No.,
(d) Workmen Compensatory Insurance Policy Number with validity date.
(ii) All the Tools-Tackles required for execution of the job under this contract are to be supplied by the
Main Contractor.
The contractor shall have to arrange the above, to get Security Checking Pass for his workmen and
tools-tackles from the Security Department and the Rules and Regulations related to the subject shall be
binding on him.
09. Identity Card: The contractor must issue Identity Card (in Form 14 under the West Bengal
Contract Labour (Regulations & Abolition) Rules, 1972) to each of his workmen to be deployed at KTPS
and the said Identity Card shall be in possession of the concerned workmen while on duty at KTPS.

10. Withdrawal of workmen: In case of any workman is found hampering the interest of the
Project / Power Station in any way, The WBPDCL reserves the right to take appropriate action. In such
case, the contractor shall have to replace such workman within 24 hours notice from the KTPS authori-
ty.

11. Discontinuation of job: In case the job is found discontinued by the contractor within the
contractual period, KTPS, The WBPDCL shall have the right to award part or full job to any outside
agency, and in such case his security deposit will be forfeited.

12. The contractor will have to quit with all his man and materials after ex-
piry/completion/cancellation of work order.
13. Canteen : Departmental Canteen facility of KTPS will not be extended to the contractors’
personnel. However, contractor should arrange canteen facility for his personnel at his own cost in
other canteen (meant for contractor’s worker) at KTPS site.

14. Controlling Officer or Safety Officer at his discretion may check/examine any of contractors’
tools/scaffolding/working condition etc. and if unsatisfied, he may suspend the job temporarily till
the contractor takes proper measure.

15. Labour Licence : The Principal Employer’s Certificate will be issued by WBPDCL for the
purpose of obtaining Labour Licence from the concerned registering officer under Contract Labour
(Regulations & Abolition) Act, 1970 and rules framed there-under, as may be applicable.

Page 26 of 51
16. Prosecution: Any person under contractor’s Payroll is liable to be prosecuted if found entan-
gled to any miscreant activities in damaging of The WBPDCL vis-à-vis Public within the jurisdiction of
KTPS.

17. The contractor should follow all statutory requirements under the Factories Act, 1948/ The
Building & Other Construction workers (Regulation of Employment & Conditions of Service) Act,
1996.

18. Pollution Control & Occupational Healthcare : The contractor shall take all steps to follow :
(I) The Water (Prevention and Control of Pollution) Act, 1974, (ii) The Air ((Prevention and Control of
Pollution) Act, 1981; (iii) The Environment (Protection) Act, 1986; (iv) Manufacture, storage and Im-
port of Hazardous Chemical Rules, 1989; (v) Hazardous Wastes (Management and Handling) Rules,
1989; (vi) The National Environmental Tribunal Act, 1995; (vii) Compliance with batteries (Manage-
ment & Handling) Rules, 2001 as amended and rules and orders made there-under and all other Acts
& Rules in connection with Pollution Control in the relevant work area.
19. Contractor shall be duty bound to take all necessary steps towards ensuring Occupational
Health Care of his workmen working at KTPS as required under West Bengal Factories Rules, 1958/
The West Bengal Building & Other Construction workers (Regulation of Employment & Conditions of
Service) Rules, 2005, as may be applicable.

20.Settlement of Disputes:- All disputes concerning question of fact arising under this agreed
work order shall be decided by the controlling officer.The said controlling officer subject to a
written appeal by the consultant to the controlling officer shall decide upon the disputed facts
and circumstances.The deceision of the controlling officer shall be final and binding on both the
parties hereto.
Any disputes or differences including those considerd as such by only one of the
parties hereto arising out of or in connection with this agreed work order shall be to the extent
possible settled amicably between parties hereto.

21. Agreement : An agreement on non-judicial stamp paper for Rs. 100.00 (Rupees one
hundred) only shall have to be executed by you within 10 days from the date of placement of
LOA.

22. Force Majeure :- This tender shall attract ‘force majeure’ clause for any cause which
is beyond the control of you or WBPDCL as the case may be a natural phenomena including
but not limited to floods, draughts, earthquakes, epidermics, war, lawful strikes, fires, explo-
sions etc. for which you shall serve a notice within ten (10) days from the date of occurrence of
such cause for consideration by WBPDCL.

23. Arbitration:- If any dispute or differences of any kind whatsoever shall arise between the
Owner and the Contractor, arising out of the Contract for the performance of the work whether during
the progress of the Work or after its completion or whether before or after the termination, abandon-
ment or breach of the Contract, shall be settled amicably. If, however, the parties are not able to re-
solve the disputes amicably, shall be settled by Arbitration under sole Arbitrator in accordance with

Page 27 of 51
 the Rules of Arbitration of the Indian Council of Arbitration and the conciliation & Arbitration Act
1996 and the award in pursuance thereof shall be binding on the parties. The venue of arbitration shall
be in Kolkata

ANNEXURE V Mandatory Safety Clauses

Sub:-Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

(FOR NIT & SERVICE / WORK ORDER)

SAFETY PROVISION RELATING TO CONTRACTOR:-

1. The Contractor shall be vigilant to ensure provisions of Factories Act, 1948 and other statutory
provisions as applicable in respective Power Station / Project.

2. The Contractor shall be vigilant to ensure provisions of Building and other Construction
workers (BOCW) Act, 1996 and also The West Bengal Building and other Construction work-
ers (Regulation of Employment and condition of service) Rules, 2004 in respective area.
FORM-II (Certification of Registration) is to be taken by the contractor before starting the job.

3. If shall be the responsibility of main contractor to ensure that all safety requirements are fol-
lowed by the employee and staff of the sub-contractor.

4. The Contractor shall be responsible for non-compliance of the safety measures, implications,
injuries, fatality and compensation arising out of such situation or incidents.

5. In case of any accident/incident/injury/fatality the contractor shall immediately submit a

statement of the same to the owner/head of the concerned Department and Safety Office, con-
taining the details of the accident, any injury or casualties, extent of property damage and re-
medial action taken to prevent recurrence and in addition the contractor shall submit a
monthly statement of the accident at the end of each month.

6. Engagement of Safety personnel :- Contractor who have 200 or more worker must engage quali-
fied Safety personnel in order to ensure the implementation of safety requirement of the work
area and the contractor who have less than 200 worker must engage one of his qualified em-
ployee as a safety co-ordinator who shall liaise with the WBPDCL safety officer on matter relat-
ing to safety and his name shall be displayed on the notice board at prominent place at the work
side.

7. Contractor must ensure use of Personal Protective Equipment by its workers in line of their al-
lotted job tabulated below. The Personal Protective Equipment to b supplied by the contractor
to their worker must be in line with IS/CE/or equipment approve standards before com-
mencement of the work. The contractor shall also replace all damaged PPEs” during the con-
tract at his own cost. If any contractor fails to supply the PPEs to his workers, he shall be pena-
lized according the Clause 32 of this document.

PROTECTION OF JOB APPROPRIATE PPE

Page 28 of 51
1. Working at Height. Full Body Harness, Safety Net, Life line, Hel-
met, Safety Shoe, leather/cotton Hand gloves
(above 1.8 meter from immediate floor)
etc.

2. Chipping, Grinding, drilling, powered Goggles & Face Shield, Helmet, Safety Shoe,
fasteners leather/cotton Hand gloves etc.

3. Chemical (Liquid & Solid) Handling, Chemical Goggles Safety Glasses, Face
Degreasing, Spraying, Splashing. Shield, Nose Guard, Helmet, Safety Shoe,
Rubber Hand gloves, Chemical suits etc.

4. Woodworking, Sweeping, Dusting. Safety Glasses, Face Shield, Nose Guard,

Helmet, Safety Shoe, leather/cotton , Hand
gloves etc.

5. Welding job. Cutting, Brazing, Solder- Welding helmets / welding shields used over
ing, to avoid injury due to flashing. primary eye protection, Helmet, Safety Shoe,
leather/cotton , Hand gloves etc.

6. Working at High Temperature. Safety Glasses, Helmet, Safety Shoe, Heat

Resistant hand Gloves etc.

7. Metal Handling (sharps) Safety Glasses, Helmet, Safety Shoe, Cut Re-
sistant , Hand Gloves etc.

8. Impact, operation of Overhead Crane Safety Goggles, Helmet, Safety Shoe, Hand
Gloves etc.

9. Electrical work Safety Goggles, Helmet, Non steel toed Safe-

ty Shoe, Insulated, Hand Gloves , Fire retar-
dant clothing etc.

10. Chemical like particulates, gas, vapour Safety Goggles, Helmet, Safety Shoe, Air pu-
fumes rifying respirator with appropriate cartridge
etc.

11. Oxygen deficiency work (Confined Safety Goggles, Helmet, Safety Shoe, Sup-
space job etc.) plied Air Respirator (BA set) etc.

12. Fire fighting job and Rescue work. Safety Goggles, Helmet, Safety Shoe, High
Visibility fire resistance suits, leather/cotton ,
Hand gloves etc.

13. Working at Noisy Area. Safety Goggles, Helmet, Safety Shoe

 85 dB to less than 100 dB required Air

Pugs.
 100 dB or greater required Air Muffs.

Page 29 of 51
8. The contractor will ensure medical examination for its workers before commencement of any
work and once in every year by qualified medical doctor as per provision in the Factories Act,
1947 and W.B. Factories rule, and maintain a register for the same for inspection by Respective
Department and Safety Department on demand. The Factory Medical Officer shall check the cer-
tificate and sent to HR Dept. for issuance of Gate Pass.

9. Examination of eye sight of certain worker :- No person shall be allowed to operate a crane, lo-
comotive, fork lift and (dumper, dozor, lorry, tractor etc.) or to give signals to a crane or locomo-
tive operator unless his eye sight and colour vision have been examined and declared fit by qual-
ified ophthalmologist to work whether with or without the use of corrective glasses. The eye-
sight and colour vision of the person as referred shall be re-examinated at least once in every pe-
riod 12 months up to the age of 45 years and once in every 6 months beyond that age.

10. The worker employed by the contractor should be suitable for the respective job requirement
otherwise head of the concerned Department shall have right to disallow the unsuitable worker
(.g. a vertigo patient can’t be allotted a job at height).

11. In case of injury, the contractor will send the injured person to Hospital / Dispensary / First Aid
centre with statement to head of the concerned department under whom he work as well as Safe-
ty Officer. The contractor shall submit periodical progress report about the treatment till the in-
jured worker is certified fit by Govt. / Govt. registered Doctor and the said certificate will be
submitted to the safety department and HR&A Department before resumption of work by the
said injured worker. The contractor will maintain an arrangement at his own cost to administer
first aid in case of minor injury to any working personnel.

12. The “Colour code of Helmet’ of WBPDCL is to be maintained by the contractor and Special
Overhauling sticker shall be affixed in the helmet of the worker (Contractual) engaged in over-
hauling jobs.

13. Only metallic Scaffolding with proper locking system is to be used for working height job. Prop-
er metallic Scaffoldings are to b constructed as per IS 4041 & 3696 guideline. No make shift or
bamboo-made scaffolding are allowed.

14. Ladders, Crawler and hoisting equipment should be properly checked for level, support and
other safety aspects before use.

15. Proper working platforms with hand railing and toe guard (150 mm) are to be constructed.

16. Vehicle speed inside plant and Back horn for heavy vehicle :- Back horn is to be installed in all
the heavy vehicle and the speed limit of the vehicle inside plant must be 20 km/hr.

17. Special Safety requirement, if any, is to be discussed in Pre-bid in presence of personnel of Fire &
Safety Dept. & MOM to be made.

18. All electrical connection is to be done through RCCB/ELCB with proper plug top. No damaged,
jointed or twisted cables shall be used for electrical connections. Plug tops shall be mandatorily
used for connections from designated plug points.

19. Proper illumination level is to be arranged (working light).

Page 30 of 51
20. All gas cutting equipment is to be connected through flash back arrester.

21. Practice of shifting of gas cylinder by rolling on the ground is now allowed. Cage/Trolley is to
be used for shifting Gas cylinder. All Cylinders must be with cap on head. All cylinder used at
site must be tied properly to avoid falling hazards.

22. Portable cutting & grinding machine should b made of plastic body with proper guard.

23. Hand lamp bulb must be guarded with proper glass and cage.

24. 24 volt power supply is to be used inside every confined space job.

25. First Aid Box should be mandatorily available at the job site.

26. Barricading is also mandatory for heavy lifting zone and Radiation zone. The contractor is also
responsible for cordoning / barricading any other area, which may be affected by the job and
which controlling officer / safety officer feels necessary. Grating and handrail removed for
materials movement must be barricaded. Same must be restored back once job is over.

27. EQUIPMENT QUALITY :-

a) Following equipment or tools shall not be allowed inside plant premises without valid
certificate and gate pass. Contractor shall submit relevant valid test certificate of equip-
ment to controlling officer beforehand towards timely issuance of gate pass for the
equipment.

*welding Machine.

* Lifting & Pulling equipment.

b) Contractor shall provide good condition equipment for job.

c) Equipment shall operate only by trained / competent and designated employee.

d) Contractor shall provide relevant certifications of the equipment before putting in service.

e) Electrical Maintenance or repair (including min or) shall only be performed by approved
competent person related to electrical work.

f) The contractor shall ensure periodic testing/Examination of equipment as well as safety

tools and tackles used by them as per provision of The Factories Act, 1948 and The West
Bengal Factories Rules, 1958 and maintain a register for the same for inspection by respec-
tive dept./Fire & Safety Dept. on demand.

28. READINESS OF THE JOB OF THE AREA :-

Before execution of the job readiness of the job area is to be done following above guidelines
with permission of the user department.

29. READINESS OF THE WORKERS :-

a) The safety related actions to be taken regarding workers before starting the job.

Page 31 of 51
 b The worker should attend safety training and competent supervisor of contractor should
) mandatorily deliver tools box talk before taking up any job.

30. Job execution is to be started after getting clearance from user department.

31. After completion of work, the Scraps & debris created from the work should be cleared imme-
diately by the Contractor at his own cost.

32. Without prejudice to the right conferred by the clause as mention before for stoppage of work for
violation of Statutory rules and regulations requirement, contractor shall be liable for penalties
as mentioned below :-

i) Upto Rs. 5000/- DGM(Env. & Safety) / Head of Env. & Safety/Had of the Dept. where
work is being done for 1st violation of safety norm, non use of PP like Safety Shoes, Hand
Gloves, Safety Helmet, Goggles etc. as per work requirement of contractor and their worker.

ii) Fine upto Rs. 20,000/- on 2nd violation as mentioned in clause (i) above.

iii) Repeated Safety violation may result in debarment of vender for future contract.

iv) Fine upto Rs. 10,000/- for violation of non use of Full Body Harness by contractor and con-
tractor worker for working height job.

v) Fine upto Rs. 25,000/- (Min) to Rs. 50,000/- (Max) for serious injury caused by violation as
mentioned in clause no. (i) to (iv)

vi) Independent of the above, contractor shall be fined Rs. 1,00,000/- (One lakh) or more and
debarred / deregistered from taking ujp further contractual work in WBPDCL from the date
of issue of debarring / deregistering order in case any fat6al accident occurs due to violation
as mentioned clause (i) and (iv) above.

33. Submission of Duty filled & signed “Safety Clearance Certificate” as per attachment is mandato-
ry for final clearance of payment.

Page 32 of 51
 THE WEST BENGAL POWER DEVELOPMENT CORPORATION LIMITED
KOLAGHAT THERMAL POWER STATION

OFFICE OF THE GENERAL MANAGER

CONTRACT CELL: KTPS:

ANNEXURE-VI

(FOR NIT & SERVICE / WORK ORDER)

FORM
EXAMINING PHYSICAN’S REPORT

1. PERSONAL DETAILS :

Name :
_____________________________________________________________________________________

Sex : Male / Female

Date of Birth :
________________________________________________________________________________

Marital Status : Married / Unmarried

Designation : Division & Section :

_____________________________________________________________

Nature of Job :
________________________________________________________________________________

General Appearance :
__________________________________________________________________________

Page 33 of 51
 Present Posting :

Type of job ______________________________________ (occupational hazard, if any)

__________________

Marks of Identification :

I.

II.

Signature of Signature of

Medical Officer: ________________________________ Candidate : __________________________________

2. HISTORY :

a) Personal :
__________________________________________________________________________________

b) Family :
____________________________________________________________________________________

c) Past History : Major Illness/Operations/Injuries with date

_____________________________________________________________________________________

_____________________________________________________________________________________

d) Occupational : Previous ___________________________ Duration with year _____________________

Type of work done

__________________________________________________________________________

(Details of past exposure to any significant occupational hazards)

Page 34 of 51
 e) Female Candidate :

Menstrual History : i) Age at menarche :_______________ ii) LMP : _________________________

iii) History of miscarriages / abortions / still births / congenital malformation etc.

3. General Examination :

o
a) Temperature ______________ C b) Pulse : ________________ / min

c) Height5 : _________________ cm d)

e) Blood Pressure : __________________

f) Acuity of Vision :

Without glasses With Strength of glasses

glasses
Sph Cyl Axis

RE

Distant Vision

LE

RE

Near Vision

LE

Note :- Detailed visual acuity test to be performed specifically for personnel to be posted as Drivers,

Crane operators, Fork-lift operators, Locomotive operators, Firemen, Security personnel.

Page 35 of 51
  Night Blindness _______________________________________________________________________________________________

 Colour Vision : ________________________________________________________________________________________________

 Depth of Vision : ______________________________________________________________________________________________

 Fundus Examination : ________________________________________________________________________________________

g) Skin condition : Normal / Abnormal Comment, if any _____________________________________________________

h) Teeth : Normal / Abnormal Comment, if any ______________________________________________________________

i) Lymph nodes : Normal / Abnormal Comment, if any ______________________________________________________

j) ENT : Normal / Abnormal Comment, if any _________________________________________________________________

4. SYSTEMIC EXAMINATION :

a) Respiratory system : __________________________________________________________________

Signature of Medical Officer

Page 36 of 51
 THE WEST BENGAL POWER DEVELOPMENT CORPORATION LIMITED

KOLAGHAT THERMAL POWER STATION

OFFICE OF THE GENERAL MANAGER

CONTRACT CELL: KTPS:

ANNEXURE-VII

(FOR NIT & SERVICE / WORK ORDER)

APPLICATION FOR ISSUANCE OF HEIGHT PASS

Valid for 1 year / 365 days from the date of issue unless cancelled / withdrawn earlier by the issuing authority. It
should be revalidated free of cost on due application to Industrial Safety Section. In case of loss, applicant must
apply and appear for the practical tests.

1. Full Name of applicant (Block Letters) :-

2. Present Address :

3. Permanent Address :-

4. Age : ___________________ 5. Sex : _____________________ 6. Height : __________________

7. Gate Pass No. : ______________________________________________________________________

8. Date of issue of Gate Pass : ____________________________________________________________

9. Name of Contractor with whom engaged at present : _________________________________________

10. Ref. Work Order No. : _________________________________________________________________

11. Description of present job : _____________________________________________________________

Page 37 of 51
 ___________________________________________________________________________________

12. Previous experience of working at heights :

Sl. Name of Employer Duration of employment work experience

No.

13. Do you suffer from any of these ailmens : (Write YES / NO against each)

a) Blood Pressure : b) Epilepsy

c) Frequent headache or reeling sensation d) Flat foot

e) Mental depression f) Limping gait

g) History of Vertigo

Declaration :

I hereby declare that the above information furnished by me is true and correct. I shall always wear the
safety Harness with double layer and the lifeline whenever working at heights or in depths of about 10 ft. I shall not
misuse the height pass issued to me or transfer it to any other person. I shall never come to duty or work at height /
depth under influence of alcohol.

Date :- Name :-

Signature :

Page 38 of 51
 (FOR NIT & SERVICE / WORK ORDER)

SAFETY CLEARANCE CERTIFICATE

Annexure- VIII

To

The Safety Officer,

Dy. G.M. (E&S),

Kolaghat Thermal Power Station,

West Bengal Power Development Corporation Ltd.,

Mecheda,

Purba Medinipur-721137.

Sub:- Clearance regarding fulfillment of Safety requirements as per Annexure-“Safety”.

Name of Agency :_______________________________________________

Work Order : __________________________________________________

Dear Sir,

With reference to above may please confirm whether relevant safety requirements, terms and conditions
as mentioned Annexure-“Safety” attached with the work order has been fulfilled by us during the execution pe-
riod or any accident occurred due to willful/non-fulfillment of condition of safety rules in spite of caution letter by
Fire and Safety Department.

Party Signature with stamp :-

Page 39 of 51
_____________________________________________________________________________________

(For use of WBPDCL authority only)

Remarks :-

1. Total removal of Scrap & Debris by Contractor :- Done / Not Done

2. Accident happened during contract period :-
(if not nil, please attach details)

Officer Signature with Name Remarks (if Any)

Controlling Officer of respective order

(Dept.), WBPDCL

Safety Officer /

Head of Env. & Safety /

Dy. General Manager (E&S

Page 40 of 51
ANNEXURE-IX

PARTICULARS OF THE CONTRACTING AGENCY

(To be filled by the Contractor)
(To be submitted in Step-I)
Sub:- Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .
Sl no Description Particulars of Put Tick (√) Mark if sub-
mitted
Contracting Agency
Supporting documents

With specific page no.

1. Name , address of Contracting
Agency (as per clause 11(i))
2. Name , Mobile No,& E-Mail id
Of Contact Person(as per clause
11(i))
3. Whether Proprietorship/ Part-
nership/ Limited company/

Co-Operative Societies

4. Name & Age of the Proprietor/

Partners

5. Name of the Directors in case of

Limited Company/

Co-Operative Societies

6. Whether the Contracting Agen-

cy is Registered, if so with
whom? & Registration No

7. Approx. date of first com-

mencement of Business

8. Credential within a period of

last seven years ending (as per
clause 3(b))

Page 41 of 51
9. Average financial Net worth
(Please submit copy of the bal-
ance sheet for last three years) in
last three financial years (2018-
2019, 2019-2020& 2020-2021)
(as per clause 3(c))
10. Average annual financial Turn
over in last three financial years
(2018-2019, 2019-2020& 2020-
2021) (as per clause 3(d))

(Please submit copy of the P&L

A/C for last three years)
11. Name of the Banker/s

12. Particulars of EMD

13. Nos. and details of permanent

employees

14. Income tax P.A.N No

15. Employees Provident Fund

A/c No

16. Professional Tax Regd. No

17. GST Registration No

18. Labour license No.

19. Trade Licence No.

20. ESI Code

21. Declaration as per clause 11(vii)

23. Declaration as per clause

11(viii)

------------------------------------------------ x -------------------------------------------------

Page 42 of 51
ANNEXURE X GST INFORMATION

Sub: Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

PARTICULARS

NAME

CIN

PAN

Constitution

Address of Princip-
al Place of Business

Address of Addi-
tional Place of Busi-
ness

Provisional ID

Application Refer-
ence No. (ARN).

Contact Person

Contact Number

E-mail ID

GST Registration
No.

SAC

Page 43 of 51
ANNEXURE XI Bank Details Proforma

Sub:Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

NIT NO: WBPDCL/KTPS/NIT/E2187/22-23

We hereby furnish our Bank Account details for payment through E-transfer /RTGS/NEFT as follows:

1. Name of the firm : ……………………………………………………………….

2. Name of bank : ……………………………………………………………….

3. Name of branch : ……………………………………………………………….

4. Account No. : ……………………………………………………………….

5. IFSC No. of the Bank : ……………………………………………………………….

Thanking you,

Yours faithfully,

Date: ……/……/………..

Signature of the Tenderer with Seal.

Page 44 of 51
ANNEXURE XII

Proforma for EMD (Bid Security)

Sub: Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

PROFORMA FOR BANK GUARANTEE

(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing Bank)

Bank Guarantee No.: Date:

To,
West Bengal Power Development Corporation Limited Bidyut Unnayan Bhaban, Block– LA,
Plot No. 3/C, Sector–III, Salt Lake City, Kolkata– 700106, West Bengal, India.

Dear Sir,

In accordance with your RFP No. M/s XXX (Name of Participating Con-
tractor) having its Registered Head Office at (hereinafter called the Bidder)
wish to participate in the said RFP/Tender for (Name of Job).

As an irrevocable Bank Guarantee against Bid Security for an amount of is required to

be submitted by the Bidder as a condition precedent for participation in the said Tender,
which amount is liable to be forfeited on the happening of any contingencies mentioned in
the Tender Document, we, the Bank at having
our Head Office / Registered Office at (Address of
Bank) guarantee and undertake to pay immediately on demand by the West Bengal Power
Development Corporation Limited the amount of (in words and figures)
without any reservation, protest, demur and recourse. Any such demand made by said Pro-
curing Entity shall be conclusive and binding on us irrespective of any dispute of difference
raised by the Bidder.

This Guarantee shall be irrevocable and shall remain valid up to @ (six

months from the Closing date of submission of bid) with a claim period of another 3(three)
months. If any further extension of this guarantee is required, the same shall be extended to
such required period on receiving instructions from M/s XXX (Participating Bidder) on
whose behalf this Guarantee is issued.

All rights of the West Bengal Power Development Corporation Limited under this Guaran-
tee shall be forfeited and the Bank shall be relieved and discharged from all liabilities the-
reunder unless the WBPDCL brings any suit or action to enforce a claim under this
Guarantee against the Bank within ninety (90) calendar days from the above mentioned
expiry date of validity or, from that of the extended date.

Page 45 of 51
In witness whereof the Bank, through its authorised Officer, has set its hand and stamp on
this day of Year ................ at .

WITNESS:

(Signature and Name) (Signature and Name)

(Engineer / Officer address) (Designation with Bank

Stamp)

Attorney as per Power of Attorney No.

Page 46 of 51
ANNEXURE XIII

Proforma for Contract Performance Guarantee

Sub: Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

PROFORMA FOR BANK GUARANTEE (FOR CONTRACT PERFORMANCE GUARANTEE)

(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing Bank)

Bank Guarantee No.: Date: ___________________

To,
[Procuring Entity’s Name & Address]

Dear Sir,
In consideration of the.... [Procuring Entity’s Name]........ (Hereinafter referred to as the ‘Procuring
Entity’ which expression shall unless repugnant to the context or meaning thereof, include its succes-
sors, administrators and assigns) having awarded to M/s..... [Contractor’s Name].............. With its Reg-
istered/Head Office at............................. (Hereinafter referred to as the ‘Contractor’, which expression
shall unless repugnant to the context or meaning thereof, include its successors administrators, ex-
ecutors and assigns), a Contract by issue of Procuring Entity’s Letter of Acceptance No. ................ dated
.................. and the same having been acknowledged by the Contractor, for …………… [Contract sum in
figures and words] for ………. [Name of the work] and the Contractor having agreed to provide a Con-
tract Performance Guarantee for the faithful performance of the entire Contract equivalent to ……
(*)……….. of the said value of the aforesaid work under the Contract to the Procuring Entity.

We............... [Name & Address of the Bank]..…........ having its Head Office at................... (hereinaf-
ter referred to as the ‘Bank’, which expression shall, unless repugnant to the context of mean-
ing thereof, include its successors, administrators, executors and assigns) do hereby guaran-
tee and undertake to pay the Procuring Entity on demand any and all monies payable by the
Contractor to the extent of .............. (*) ............... as aforesaid at any time

upto................ (@) ........... [days/month/year] without any demur, reservation, contest,

recourse or protest and/or without any reference to the Contractor. Any such demand made
by the Procuring Entity on the Bank shall be conclusive and binding notwithstanding any dif-
ference between the Procuring Entity and the Contractor or any dispute pending before any
Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this
guarantee during its currency without previous consent of the Procuring Entity and further
Page 47 of 51
agrees that the guarantees herein contained shall continue to be enforceable till the Procur-
ing Entity discharges this guarantee or till ……………[days/month/year] whichever is earlier.

The Procuring Entity shall have the fullest liberty, without affecting in any way the liability of
the Bank under this guarantee, from time to time to extend the time for performance of the
Contract by the Contractor. The Procuring Entity shall have the fullest liberty, without affect-
ing this guarantee, to postpone from time to time the exercise of any powers vested in them
or of any right which they might have against the Contractor, and to exercise the same at any
time in any manner, and either to enforce or to forbear to enforce any covenants, contained
or implied, in the Contract between the Procuring Entity and the Contractor or any other
course or remedy or security available to the Procuring Entity. The Bank shall not be released
of its obligations under these presents by any exercise by the Procuring Entity of its liberty
with reference to the matters aforesaid or any of them or by reason of any other act or for-
bearance or other acts of omission or commission on the part of the Procuring Entity or any
other indulgence shown by the Procuring Entity or by any other matter or thing whatsoever
which under law would, but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Procuring Entity 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 the Procuring
Entity may have in relation to the Contractor’s liabilities.

Our liability under this Bank Guarantee shall not exceed ………………….. This Bank Guarantee
shall be valid up to and including ………………………

We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only and only if Procuring Entity serve upon Bank a written claim or demand on or before

……………..@…………..
Dated this.................... Day of ...................(Month)..................... (Year)…......... at..............
WITNESS
.................................... ...............................
(Signature) (Signature)

..................................... ....................................
(Name) (Name)
................................... .................................................
(Engineer / Officer Address) (Designation with Bank Stamp)

Page 48 of 51
Notes:
.................................................
Attorney as per Power of Attorney No................ . . Dated............................ ..

1. (*) This sum shall be 10% (ten percent) of the Contract Price.
2. (@) This date will be Ninety (90) calendar days beyond the defects liability period as
specified in the Contract.
3. The stamp papers of appropriate value shall be purchased in the name of guarantee
issuing Bank

Page 49 of 51
ANNEXURE XIV

Proforma for Contract Agreement

Sub: Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS .

CONTRACT AGREEMENT

THIS AGREEMENT made at this _____________ day of __________________, _____, between

_____________________________ of ____________________ (hereinafter called “the Procuring Enti-
ty”), of the one part, and ____________________________________of

______________________________ (hereinafter “the Contractor”), of the other part:

WHEREAS the Procuring Entity invited bids “Bi-Annual Maintenance Contract for Fire Safety and
Fire Fighting Services at KTPS ..” and has accepted the Bid offered by the Bidder/Contractor for the
same in the sum of _____________________________________________ (hereinafter “the Contract
Price”). After due consideration, the procuring entity has decided to entrust to the contractor
with the job of “Bi-Annual Maintenance Contract for Fire Safety and Fire Fighting Services at KTPS
.”

FOR THE CONSIDERATION payable under this agreement, the contractor hereby agrees to
complete the execution of job/ work/ supply in a satisfactory manner following scope of Work
within the specified period.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively as-
signed to them in the Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part

of this Agreement, viz.:

(a) the Procuring Entity’s Notification (LoA) to the Contractor of Award of Contract;

Page 50 of 51
(b) the Bid Forms(including Price Bid) submitted by the Contractor;

(c) the Special Conditions of Contract;

(d) the General Conditions of Contract;

(f) ____________________________

(g) ____________________________

This Contract shall prevail over all other Contract documents which are not covered under
Clause 2 above. In the event of any discrepancy or inconsistency within the Contract documents
referred under Clause 2, then the contract shall be governed by the documents in the order listed
above.

3. In consideration of the payments to be made by the Procuring Entity to the Contractor as indi-
cated in this Agreement, the Contractor hereby covenants with the Procuring Entity to provide
the goods and services / to execute works and to remedy defects therein in conformity with the
provisions of the Contract in all respects.

4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the provision
of the goods and services / execution of works and the remedying of defects therein, the Con-
tract Price or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with the applicable laws of the land of the Procuring Entity on the day, month and year
indicated above.

Signed by ________________________________ (for the Procuring Entity)

Signed by ________________________________ (for the Contractor/ Lead Member)

Signature Not Verified

Digitally signed by SWAPAN MONDAL
Page 51 of 51 Date: 2022.09.14 17:01:46 IST
Location: West Bengal-WB