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Section VIII - Contract Forms

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INDEX OF CONTENTS (Contract Forms)

[Link]. Description Annexure
1. Bid Security Form-Bank guarantee in case of Annexure-I
single entity
2. Bid Security Form-Bank guarantee in case of Annexure-I-A
bid from Joint Venture
3. Proforma of Joint Deed of Undertaking by The Annexure-II
Manufacturer and The Bidder/Contractor
4. Parent/Holding company agreement in case of Annexure-III
sole bidder
5. Parent/Holding company agreement in case of Annexure-IIIA
Joint Venture
6. Form of Integrity Pact Annexure-IV
7. Form of Declaration of Eligibility Annexure-IV(A)
8. Form of Declaration Regarding Conflict of Annexure-IV(B)
Interest
9. Form of Joint Venture Agreement Annexure-V
10. Bank Guarantee for Contract Performance Annexure-VI
Guarantee
11. Bank Guarantee for Contract Performance Annexure-VI A
Guarantee in case of bid submitted by Joint
Venture
12. Bank Guarantee for Contract Performance Annexure-VI B
Guarantee in case of bid submitted by
Merged/Acquired/Subsidiary Company
13. Bank Guarantee for Contract Performance Annexure-VI C
Guarantee in case of manufacturer
14. Form of Completion Certificate Annexure-VII
15. Form of Operational Acceptance Certificate Annexure-VIII
16. Change Order Procedure and Forms Annexure-IX
17. Notification of Award - Letter of Acceptance Annexure-X

18. Form of Trust receipt for Plant, Equipment and Annexure-XI

material received
19. Form of Indemnity Bond for Equipment handed Annexure-XII
over in one lot by employer for performance of
its contract.
20. Form of Indemnity Bond for Equipment handed Annexure-XIII
over in installments by employer for
performance of its contract.

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21. Real Time Gross Settlement (RTGS) Form Annexure-XIV

22. Registration details of GST of Bidders Annexure-XV
23. Contract Agreement Form Annexure-XVI
24. Format for Specific Power of Attorney. Annexure-XVII
25. Bank Guarantee form- For Advance Annexure-XVIII
26. Format for “No Claim Certificate” Annexure-XIX

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APPENDICES

1 Terms and Procedures of Payment Appendix 1

2 Price Adjustment Appendix 2
3 Insurance Requirements Appendix 3
4 Time Schedule Appendix 4
5 List of Subcontractor/ Sub-Vendor Appendix 5
6 Scope of Works and Supply by the Employer Appendix 6
7 List of Documents for Approval or Review Appendix 7
8 Functional Guarantees Appendix 8
9 Determination of Idling Time cost Claims Appendix 9

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ANNEXURE- I
{Refer ITB Clause-18}
(To be executed on Non-Judicial Stamp Paper of Appropriate value)

Bid Security Form

Bank Guarantee

Date:______________

(Name of Contract)

To: (Name and address of Employer)

WHEREAS (name of Bidder) (hereinafter called “the Bidder”) has submitted its Bid
dated (date of bid) for the performance of the above-named Contract (hereinafter
called “the Bid”)

KNOW ALL PERSONS by these present that WE (name of Bank) of (address of bank)
(hereinafter called “the Bank”), are bound unto (name of Employer) (hereinafter called
“the Employer”) for the sum of: (amount), for which payment well and truly to be made
to the said Employer, the Bank binds itself, its successors and assigns by these
presents.

THE CONDITIONS of this obligation are as follows:

1. If the Bidder withdraws its Bid during the period of bid validity specified by the
Bidder in the Letter of Tender, or adopts corrupt or collusive or coercive or
fraudulent practices or default under Integrity Pact.

2. If the Bidder, having been notified of the acceptance of its Bid by the Employer
during the period of bid validity.

a) fails or refuses to sign the Contract Agreement when required, or

b) fails or refuses to submit the performance security in accordance with the Bid
Documents.

WE undertake to pay to the Employer up to the above amount upon receipt of its first
written demand, without the Employer having to substantiate its demand, provided

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that in its demand the Employer will mention that the amount claimed by it is due,
owing to the occurrence of one or both of the two above-named CONDITIONS, and
specifying the occurred condition or conditions.

(**)
This guarantee will remain in force up to and including (date 90 days after the period
of bid validity), and any demand in respect thereof must reach the Bank not later than
the above date.

For and on behalf of the Bank

_____________________________________________________
in the capacity of

_____________________________________________________

Common Seal of the Bank

Note: 1. (**) Employer may also present any of his demands at the counters of the
.............(Name and address of the branch of the Bank in India)............for
further relay to us.
(To be inserted in case of a foreign currency bank guarantee issued by an
overseas bank outside India)

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Annexure- I A
{Refer ITB Clause-18}
(To be executed on Non-Judicial Stamp Paper of Appropriate value)

Bid Security Form in case of Bid Joint Venture

Bank Guarantee

Date:______________

(Name of Contract)

To: (Name and address of Employer)

WHEREAS (name of Bidder) (hereinafter called “the Bidder”) has submitted its Bid
dated (date of bid) for the performance of the above-named Contract (hereinafter
called “the Bid”)

KNOW ALL PERSONS by these present that WE (name of Bank) of (address of bank)
(hereinafter called “the Bank”), are bound unto (name of Employer) (hereinafter called
“the Employer”) for the sum of: (amount), for which payment well and truly to be made
to the said Employer, the Bank binds itself, its successors and assigns by these
presents.

THE CONDITIONS of this obligation are as follows:

1. If the Bidder withdraws its Bid during the period of bid validity specified by the
Bidder in the Letter of Tender, or adopts corrupt or collusive or coercive or
fraudulent practices or default under Integrity Pact.

2. If the Bidder, having been notified of the acceptance of its Bid by the Employer
during the period of bid validity.

c) fails or refuses to sign the Contract Agreement when required, or

d) fails or refuses to submit the performance security in accordance with the Bid
Documents.

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WE undertake to pay to the Employer up to the above amount upon receipt of its first
written demand, without the Employer having to substantiate its demand, provided
that in its demand the Employer will mention that the amount claimed by it is due,
owing to the occurrence of one or both of the two above-named CONDITIONS, and
specifying the occurred condition or conditions.

(**)
This guarantee will remain in force up to and including (date 90 days after the period
of bid validity), and any demand in respect thereof must reach the Bank not later than
the above date.

For and on behalf of the Bank

_____________________________________________________
in the capacity of

_____________________________________________________

Common Seal of the Bank

Note: 1. (**) Employer may also present any of his demands at the counters of the
.............(Name and address of the branch of the Bank in India)............for
further relay to us.
(To be inserted in case of a foreign currency bank guarantee issued by an
overseas bank outside India)

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INSTRUCTIONS FOR EXECUTION OF BANK GUARANTEE FOR BID SECURITY

1. Bank Guarantee for Earnest Money Deposit should be executed on non-judicial Stamp
papers of requisite value in accordance with the stamp Act if applicable to that particular
state of Indian Union country of executing Bank, where executed. In case the same is
issued by a first class International bank, the law prevalent in the country of execution shall
prevail for the purpose of Stamp Duty on the Bank Guarantee. However, in such a case,
the Bank Guarantee for Earnest Money Deposit shall be got confirmed by the Bidder
through any Indian Scheduled/Nationalized Bank.

2. The executing officers of the Bank Guarantee for Earnest Money/Bid Security shall clearly
indicate in (block letters) his name, designation, Power of Attorney No. / Signing Power
No. as well as telephone/ fax numbers with full correspondence address of the issuing
Guarantee etc.

3. Each page of the Bank guarantee for Earnest Money Deposit shall be duly signed/initialed
by the executing officers and the last page shall be signed in full, indicating the particulars
as aforesaid (sub-para 2) under the seal of the Bank.

4. Stamp paper shall be purchased in the name of Bank issuing the Bank Guarantee, after
the date ‘Notice Inviting Tender’, not more than six (6) months prior to execution/ issuance
of the Bank Guarantee. The name of the purchaser should appear at the back side of
stamp paper in the Vendors Stamp. The issuing Bank shall be requested independently
for verification/confirmation of the Bank Guarantee issued, non confirmation of which may
lead to rejection of ‘Bid Security’.

5. Irrevocable, valid and fully enforceable Bank Guarantee in favor of the employer (Name
of Employer) issued by any scheduled bank approved by the Reserve bank of India which
is acceptable to the Employer. The Bank Guarantee issued by a Foreign Bank shall be
routed through the corresponding branch of such scheduled foreign banks in India or any
scheduled Bank, acceptable to the employer.

6. Bank Guarantee for Bid security in original shall be submitted alongwith the Bid. However,
the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly
by registered post (A.D.) to the Employer (authority inviting tenders) with a forwarding
letter.

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ANNEXURE - II

PROFORMA OF JOINT DEED OF UNDERTAKING BY THE MANUFACTURER AND

THE BIDDER/CONTRACTOR
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
THIS DEED OF UNDERTAKING executed this ……………. day of……. Two Thousand and
………… by M/s. …………….., a Company incorporated under the laws of ……………………
and having its Registered Office at ……………………………….. (hereinafter called the
“Manufacturer” which expression shall include its successors, executors and permitted
assigns), and M/s.……………., a Company incorporated under the laws of ………………….
having its Registered Office at …………………. (hereinafter called the “Bidder” which
expression shall include its successors, executors and permitted/ assigns ) in favour of SJVN
Limited, a Company registered under the Companies Act, 1956 having its Registered Office
at SJVN Corporate Head Quarter, Shanan, Shimla- 171006 (India) (hereinafter called the
“Employer” which expression shall include its successors, executors and permitted assigns)
WHEREAS the “Employer” invited Bids vide its Invitation No. ……………….. for “Electro
Mechanical Works for Sunni Dam Electric Power Project (382 MW)" AND WHEREAS
NIT forming part of the Bid Documents inter-alia stipulates that in order to ensure serious
participation of the manufacturer(s) for work proposed to be executed by the manufacturer(s),
a Joint Deed of Undertaking shall be required to be submitted by the Contractor and
Manufacturer(s)
AND WHEREAS the Bidder has submitted its Bid to the Employer vide Reference No.
………..….……. dated ………. based on the association of the manufacturer.
NOW THEREFORE THIS UNDERTAKING WITNESSETH as under:
1.0 In consideration of the award of Contract by the Employer to the Bidder (hereinafter
referred to as the “Contractor”) we, the manufacturer and the Bidder/Contractor do
hereby declare that we shall be jointly and severally bound to the SJVN Limited, for
the successful performance of the *(proposed sub-let works) in accordance with the
Contract.
2.0 Without in any way affecting the generality and total responsibility in terms of this Deed
of Undertaking, the manufacturer in particular hereby agrees to deploy and depute its
technical personnel, equipment, manpower and/or other resources on continual basis
throughout the Completion period of the proposed sub-let works until its completion to
discharge the obligations of the Contractor under the Contract.
3.0 This Deed of Undertaking shall be construed and interpreted in accordance with the
laws of India and the Courts in Shimla shall have exclusive jurisdiction in all matters
arising under the Undertaking.
4.0 Apart from the Contractor’s Performance Guarantee, the manufacturer shall furnish
as security, a Contract Performance Guarantee from its Bank in favour of the
Employer in a form acceptable to the Employer. The value of such guarantee shall be
equivalent to 5% (five percent) of value of the proposed sub-let works as identified in
the Contract awarded by the Employer to the Bidder/Contractor and it shall be an
additional guarantee for faithful performance/compliance of this Deed of Undertaking
in terms of the Contract. The guarantee shall be unconditional, irrevocable and valid
till the completion of the part of the Works executed by the manufacturer. The Bank
Guarantee amount shall be payable to the Employer on demand without any
reservation or demur.

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5.0 We, the manufacturer and the Bidder/Contractor agree that this Undertaking shall be
irrevocable and shall form an integral part of the Contract and further agree that this
Undertaking shall continue to be enforceable till it is discharged by the Employer. It
shall become operative from the Commencement Date of the Contract.
IN WITNESS WHEREOF, the manufacturer and the Bidder/Contractor have through their
Authorised Representatives executed these presents and affixed Common seals of their
respective Companies, on the day, month and year first above mentioned, at -------------------
---(name of place).
WITNESS For Manufacturer
1. ……………………….…. Signature of Authorized
(Signature) (Representative)
(Name in Block Letter) Name …….......…………….
(Office Address) Common Seal of Company

For Bidder
2. ……………………....…. Signature of Authorized
(Signature) (Representative)
(Name in Block Letter) Name....…………………….
(Office Address) Common Seal of Company

This Joint Undertaking is to be given if the Contractor qualifies on the strength of

manufacturer.
(To be Notarized by Notary Public)

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ANNEXURE- III
PARENT/HOLDING COMPANY AGREEMENT
(To be executed on non-judicial Stamp paper of appropriate value)
{Refer ITB Clause-5.4 (ii)}
(For sole Bidder)
THIS AGREEMENT IS MADE on this the……………… day of ……… between the
SJVN Limited, a company incorporated under the laws of India and having its Registered
and Corporate Office at SJVN Corporate Head Quarter, Shanan, Shimla- 171006 (India)
(hereinafter referred to as the 'Employer' which expression shall unless repugnant to the
subject or context or meaning thereof include its successors, administrators, executors and
assigns) of the one part; and ………………….(name of Parent/holding Company) a company
organized and existing under the laws of………………… and having its Principal Office at
…………………. (Hereinafter referred to as the "Parent/holding Company” which expression
shall unless repugnant to the subject or context or meaning thereof include its successors,
administrators, executors and assigns) of the other part;
WHEREAS on the Parent/holding Company’s commitment to provide full support for
technical and financial requirements and be responsible and liable for successful completion
of the works being awarded to M/s…………………………….. (name of Subsidiary Company)
and further agreeing to enter into a separate agreement with the Employer besides furnishing
an additional Performance Bank Guarantee of value equivalent to 5% of the Contract Price,
the Employer has entered into a Contract with M/s ………….. ……….(hereinafter referred to
as the “Bidder” which expression shall unless repugnant to the subject or context or meaning
thereof include its successors, administrators, executors and permitted assigns) for the
execution of “Electro Mechanical Works for Sunni Dam Electric Power Project (382
MW)" (hereinafter referred to as the "Contract").
And whereas, in consideration of the aforesaid commitment, the Parent/holding Company
hereby enters into this agreement with the Employer for providing full support for technical
and financial requirements to the Bidder and be responsible and liable for successful
performance and completion of the works described in the said Contract on the following
terms and conditions:
NOW THEREFORE THE PARTIES HERETO HEREBY AGREE AND THIS AGREEMENT
WITNESSETH AS FOLLOWS:
1. In this Agreement except where the context otherwise requires, the following
expressions shall have the meaning hereinafter respectively assigned to them:
2. "Contract" shall mean the Contract dated ……… entered into between the
Employer and the Bidder for the execution of the Work described therein for
““Electro Mechanical Works for Sunni Dam Electric Power Project (382 MW)"
3.(a) The Parent/holding Company hereby agrees to the Employer to ensure due and
faithful performance of the obligations and liabilities by the Bidder under the
Contract and remain responsible to irrevocably and unconditionally provide full
technical and financial support to the Bidder for completion of the works covered
under the Contract. The provisions of Contract shall mutatis-mutandis apply to the
Parent/holding Company.
3 (b) In the event of breach and/ or failure on the part of the Bidder to perform or fulfill
any of its obligations and liabilities under the Contract, the Employer may at its

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discretion call upon the Parent/holding Company and the Parent/holding Company
shall be obliged to execute and perform or cause to be executed and performed
and to satisfy the obligations and liabilities of the Bidder under the Contract in
accordance with the terms and conditions thereof without prejudice to any other
right or remedy, besides encashing the Bank guarantee(s).
3(c) The Parent/holding Company shall indemnify and keep indemnified and harmless
the Employer at all times against any loss, damage, cost charge and expense
whatsoever that may be suffered or incurred by or caused to the Employer on
account of such breach.
3(d) It shall not be necessary for the Employer to proceed against the Bidder before
proceeding against the Parent/holding Company and the Parent/holding Company
shall be liable to fulfill its obligations and liabilities hereunder notwithstanding the
Employer having undertaken any proceedings and/or obtaining any security from
the Bidder for the performance of its obligations under the Contract. In order to
give affect to this Agreement, the Employer may at its option be entitled to act as
if the Parent/holding Company was the Bidder for successful completion of the
works.
In the event, qualification of the Bidder/Subsidiary Company is considered on the
credentials of another Subsidiary/Group Company under the same Apex
‘Parent/holding Company’ and due to any reason whatsoever, ‘Parent/holding
Company’ or any other Group Company wants to divest its investment in the direct
or indirect subsidiary (ies) as a result of which any of these companies may not
remain subsidiary (ies) of the ‘Parent/holding Company’ then the ‘Parent/holding
Company’ undertakes to ensure the performance of the works by arranging the
required inputs in case of failure of Subsidiary Company.
3(e) However, where the Bidder disputes the occurrence of a breach under the
Contract and if such dispute is referred to arbitration in terms of Conditions of the
Contract, the Bidder is obliged to carry on the works under the Contract. In case,
during the pendency of the dispute in arbitration, the Bidder does not carry on the
work satisfactorily, the Employer by notice to the Parent/holding Company shall be
entitled to invoke this Agreement, as if a breach had occurred for the purpose of
Clause 3(b) hereinabove.
4. It is agreed that the obligations undertaken by the Parent/holding Company
hereunder shall be performed by it notwithstanding any difference or dispute
between the Employer and the Bidder pending before any court, tribunal,
arbitration or any other authority or forum.
5. This Agreement shall come into force and effect upon the Commencement Date
of the Contract/issuance of ‘Letter of Acceptance’ and shall remain in force and
effective till the date of expiry of the Defects Notification Period by the Employer
pursuant to the Conditions for the Contract.
6. This guarantee is in addition to and without prejudice to the securities offered by
and on behalf of Bidder to the Employer and all rights and remedies in respect
thereof be reserved. This guarantee shall be a continuing guarantee and be in
force notwithstanding discharge of Bidder by operation of any law or insolvency
/bankruptcy /winding up/dissolution of the Bidder.
7. The Employer shall have the full liberty from time to time to vary any of the terms
and conditions of the Contract by mutual agreement between the Employer and
the Bidder and to extend time for performance there under by the Bidder or any

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other party thereto in accordance with the terms of the Contract and / or to
postpone for any time and from time to time any of the powers exercisable by the
Employer against the Bidder and either to enforce or forebear from enforcing any
of the terms and conditions of the Contract and/or the securities available to the
Employer from the Bidder and the Parent/holding Company shall not be released
from its obligations and liabilities under this Agreement in any manner whatsoever
by any exercise by the Employer of the liberty and / or the rights with reference
to the matters as aforesaid or by reason of time being given to the Bidder or any
other act of forbearance, waiver or omission on the part of Employer or any
indulgence by the Employer to the Bidder or of any other matter or thing
whatsoever which under the law relating to sureties would but for this provision
have the effect of releasing the Parent/holding Company from its obligations and
liabilities hereunder.

8. Nothing contained in this Agreement shall be construed or interpreted in any way

as modifying or amending or relieving in any manner whatsoever the Bidder from
their obligations under the Contract.

9. This Agreement shall be interpreted and be governed under the Law of India.

10. Any dispute or difference which may arise between the parties out of or in
connection with this Agreement and which the Parties are unable to settle amicably
shall be settled by reference to arbitration as per General/Particular Conditions of
Contract. The venue of arbitration shall be New Delhi, India and the arbitration
shall be conducted in accordance with the Rules of Indian Council of Arbitration,
New Delhi. The courts of Shimla shall have exclusive jurisdiction provided however
that any award made in such arbitration shall be enforceable in any court of
competent jurisdiction.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE PUT THEIR HANDS HEREUNTO
ON THE…… DAY ……. MONTH AND ………YEAR FIRST ABOVE WRITTEN AT
___________.

For and on behalf of the Employer For and on behalf of the

Parent/holding Company
(through authorized (through duly authorized
representative) representative)

Witnesses: Witnesses:
1. __________________(Signatures) 1.__________________(Signatures)

(Name & Address) (Name & Address)

2. __________________(Signatures) 2.__________________(Signatures)

(Name & Address) (Name & Address)

* Strike out the form, if not applicable by the bidder.

(Notarized by Notary Public)

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ANNEXURE- IIIA
(To be executed on non-judicial Stamp paper of appropriate value)
PARENT/HOLDING COMPANY AGREEMENT
{Refer ITB Clause-5.4 (ii)}
(For Joint Venture)
THIS AGREEMENT IS MADE on this the……………… day of ……… between the
SJVN Limited, a company incorporated under the laws of India and having its Registered
and Corporate office at SJVN Corporate Head Quarter, Shanan, Shimla- 171006 (India)
(hereinafter referred to as the 'Employer' which expression shall unless repugnant to the
subject or context or meaning thereof include its successors, administrators, executors and
assigns) of the one part; and ………………….(name of Parent/holding Company) a company
organized and existing under the laws of………………… and having its Principal Office at
…………………. (Hereinafter referred to as the "Parent/holding Company” of the Joint
Venture Partner M/s …………………which expression shall unless repugnant to the subject
or context or meaning thereof include its respective successors, administrators, executors
and assigns) of the other part;

WHEREAS on the Parent/holding Company’s commitment to provide full support for

technical and financial requirements and be responsible and liable for successful completion
of the scope of works of M/s ……………….(name of Subsidiary Company) being awarded to
Joint Venture of M/s…………………………….. (name of Joint Venture) and further agreeing
to enter into a separate agreement with the Employer besides furnishing an additional
Performance Bank Guarantee of value equivalent to 5% of the Contract Price to the portion
of work of M/s ……………………… of Joint Venture, the Employer has entered into a
Contract with the Joint Venture comprising M/s …………………… and M/s …………..
……….(hereinafter referred to as the “Bidder” which expression shall unless repugnant to
the subject or context or meaning thereof include their successors, administrators, executors
and permitted assigns) for the execution of “Electro Mechanical Works for Sunni Dam
Hydro Electric Power Project (382 MW)".(hereinafter referred to as the "Contract").

And whereas, in consideration of the aforesaid commitment, the Parent/holding Company

hereby enters into this agreement with the Employer for providing full support for technical
and financial requirements to its Subsidiary M/s ……………… and be responsible and liable
for successful performance and completion of the woks described in the said Contract on the
following terms and conditions:
NOW THEREFORE THE PARTIES HERETO HEREBY AGREE AND THIS AGREEMENT
WITNESSETH AS FOLLOWS:
1. In this Agreement except where the context otherwise requires, the following
expressions shall have the meaning hereinafter respectively assigned to them:
2. "Contract" shall mean the Contract dated ……… entered into between the
Employer and the Bidder for the execution of the Work described therein for
“Electro Mechanical Works for Sunni Dam Electric Power Project (382 MW)"
3.(a) The Parent/holding Company hereby agrees to the Employer to ensure due and
faithful performance of the obligations and liabilities by M/s ………………… (name
of Subsidiary Company) under the Contract and remain responsible to irrevocably
and unconditionally provide full technical and financial support to M/s
………………… (name of Subsidiary Company) for completion of the works

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covered under the Contract. The provisions of Contract shall mutatis-mutandis

apply to the Parent/holding Company.
3. (b) In the event of breach and/ or failure on the part of M/s ………………… (name of
Subsidiary Company) to perform or fulfill any of its obligations and liabilities under
the Contract, the Employer may at its discretion call upon the Parent/holding
Company and the Parent/holding Company shall be obliged to execute and
perform or cause to be executed and performed and to satisfy the obligations and
liabilities of the Bidder under the Contract in accordance with the terms and
conditions thereof without prejudice to any other right or remedy, besides
enchasing the Bank guarantee(s).
3(c) The Parent/holding Company shall indemnify and keep indemnified and harmless
the Employer at all times against any loss, damage, cost charge and expense
whatsoever that may be suffered or incurred by or caused to the Employer on
account of such breach.
3(d) It shall not be necessary for the Employer to proceed against the Bidder before
proceeding against the Parent/holding Company and the Parent/holding Company
shall be liable to fulfill its obligations and liabilities hereunder notwithstanding the
Employer having undertaken any proceedings and/or obtaining any security from
the Bidder for the performance of its obligations under the Contract. In order to
give affect to this Agreement, the Employer may at its option be entitled to act as
if the Parent/holding Company was the Bidder for successful completion of the
works.
In the event, qualification of the Bidder/Subsidiary Company is considered on the
credentials of another Subsidiary/Group Company under the same Apex
‘Parent/holding Company’ and due to any reason whatsoever, ‘Parent/holding
Company’ or any other Group Company wants to divest its investment in the direct
or indirect subsidiary (ies) as a result of which any of these companies may not
remain subsidiary (ies) of the ‘Parent/holding Company’ then the ‘Parent/holding
Company’ undertakes to ensure the performance of the works by arranging the
required inputs in case of failure of Subsidiary Company.
3(e) However, where the Bidder disputes the occurrence of a breach under the
Contract and if such dispute is referred to arbitration in terms of Conditions for the
Contract, the Bidder is obliged to carry on the works under the Contract. In case,
during the pendency of the dispute in arbitration, the Bidder does not carry on the
work satisfactorily, the Employer by notice to the Parent/holding Company shall be
entitled to invoke this Agreement, as if a breach had occurred for the purpose of
Clause 3(b) hereinabove.
4. It is agreed that the obligations undertaken by the Parent/holding Company
hereunder shall be performed by it notwithstanding any difference or dispute
between the Employer and the Bidder pending before any court, tribunal,
arbitration or any other authority or forum.
5. This Agreement shall come into force and effect upon the Commencement Date
of the Contract/issuance of ‘Letter of Acceptance’ and shall remain in force and
effective till the date of expiry of the Defects Notification Period by the Employer
pursuant to the Conditions for the Contract.
6. This guarantee is in addition to and without prejudice to the securities offered by
and on behalf of Bidder to the Employer and all rights and remedies in respect
thereof be reserved. This guarantee shall be a continuing guarantee and be in

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force notwithstanding discharge of Bidder by operation of any law or insolvency

/bankruptcy /winding up/dissolution of the Bidder.
7. The Employer shall have the full liberty from time to time to vary any of the terms
and conditions of the Contract by mutual agreement between the Employer and
the Bidder and to extend time for performance thereunder by the Bidder or any
other party thereto in accordance with the terms of the Contract and / or to
postpone for any time and from time to time any of the powers exercisable by the
Employer against the Bidder and either to enforce or forebear from enforcing any
of the terms and conditions of the Contract and/or the securities available to the
Employer from the Bidder and the Parent/holding Company shall not be released
from its obligations and liabilities under this Agreement in any manner whatsoever
by any exercise by the Employer of the liberty and / or the rights with reference
to the matters as aforesaid or by reason of time being given to the Bidder or any
other act of forbearance, waiver or omission on the part of Employer or any
indulgence by the Employer to the Bidder or of any other matter or thing
whatsoever which under the law relating to sureties would but for this provision
have the effect of releasing the Parent/holding Company from its obligations and
liabilities hereunder.
8. Nothing contained in this Agreement shall be construed or interpreted in any way
as modifying or amending or relieving in any manner whatsoever the Bidder from
their obligations under the Contract.
9. This Agreement shall be interpreted and be governed under the Law of India.
10. Any dispute or difference which may arise between the parties out of or in
connection with this Agreement and which the Parties are unable to settle amicably
shall be settled by reference to arbitration as per General/Particular Conditions of
Contract. The venue of arbitration shall be New Delhi, India and the arbitration
shall be conducted in accordance with the Rules of Indian Council of Arbitration,
New Delhi . The courts of Shimla shall have exclusive jurisdiction provided
however that any award made in such arbitration shall be enforceable in any court
of competent jurisdiction.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE PUT THEIR HANDS HEREUNTO
ON THE…… DAY ……. MONTH AND ………YEAR FIRST ABOVE WRITTEN AT
__________.
For and on behalf of the Employer For and on behalf of the
Parent/holding Company
(through authorized (through duly authorized
representative) representative)
Witnesses: Witnesses:
1.__________________(Signatures) 1.__________________(Signatures)

(Name & Address) (Name & Address)

2.__________________(Signatures) 2.__________________(Signatures)

(Name & Address) (Name & Address)

* Strike out the form, if not applicable for the bidder

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ANNEXURE - IV

(To be executed on plain paper at the time of submission of bid and on Non-judicial
stamp paper of appropriate value by successful bidder(Contractor) prior to signing
of Contract Agreement)

(Format of Integrity Pact)

PRE CONTRACT INTEGRITY PACT

Between

SJVN Ltd., a company incorporated under the relevant law in the matter and having its
registered office at SJVN Corporate Office Complex, Shanan, Shimla (H.P.) -171006,
hereinafter referred to as “The Employer” which expression shall mean and include, unless
the context otherwise requires, his successors in office and assigns of the First Part.

And

M/s ____________________________________________________________________,
company/firm constituted in accordance with the relevant law in the matter and having its
registered office at
____________________________________________________________represented by
_________________________, hereinafter referred to as “The Consultant” which
expression shall mean and include, unless the context otherwise requires, his successors
and permitted assigns of the Second Part.

WHEREAS the Employer proposes to procure under laid down organizational procedures,
contract/s for __________________ (Name of the work/ goods/ services) and the
Bidder/Contractor is willing to offer against NIT No …………………

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from
any influence/prejudiced dealings prior to, during and subsequent to the currency of the
contract to be entered into with a view to:-

Enabling the Employer to obtain the desired said (work/ goods/ services) at a competitive
price in conformity with the defined specifications by avoiding the high cost and the
distortionary impact of corruption on public procurement, and

Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any corrupt

practice in order to secure the contract by providing assurance to them that their competitors
will also abstain from bribing and other corrupt practices and the Employer will commit to
prevent corruption, in any form, by its officials by following transparent procedures.

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1.0 Commitments of the Employer

1.1 The Employer undertakes that no official of the Employer, connected directly or indirectly
with the contract, will demand, take a promise for or accept, directly or through
intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial
benefit or any other advantage from the Bidder/Contractor, either for themselves or for
any person, organization or third party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting or implementation process
related to the contact.

1.2. The Employer will, during the pre-contract stage, treat all the Bidders/Contractors alike,
and will provide to all the Bidders/Contractors the same information and will not provide
any such information to any particular Bidder/Contractor which could afford an
advantage to that particular Bidder/Contractor in comparison to other
Bidders/Contractors.

1.3. All the officials of the Employer will report to the appropriate Authority any attempted or
completed breaches of the above commitments as well as any substantial suspicion of
such a breach.

1.4 In case any such preceding misconduct on the part of such official(s) is reported by the
Bidder to the Employer with full and verifiable facts and the same is prima facie found to
be correct by the Employer, necessary disciplinary proceedings, or any other action as
deemed fit, including criminal proceedings may be initiated by the Employer or
Independent External Monitor and such a person shall be debarred from further dealings
related to the contract process. In such a case while an enquiry is being conducted by
the Employer the proceedings under the contract would not be stalled.

2.0 Commitments of the Bidder(s)/Contractor(s)

The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent

corrupt practices, unfair means and illegal activities during any stage of its bid or during
any pre-contract or post-contract stage in order to secure the contract or in furtherance
to secure it and in particular commit itself to the following:-

2.1 The Bidder(s)/Contractor(s) will not offer, directly or through intermediaries, any bribe,
gift, consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the Employer, connected
directly or indirectly with the bidding process, or to any person, organization or third party
related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.

2.2 The Bidder/Contractor further undertakes that it has not given, offered or promised to
give, directly or indirectly any bribe, gift consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to
any official of the Employer or otherwise in procuring the Contract or forbearing to do or
having done any act in relation to the obtaining or execution of the contract or any other
contract with Employer for showing or forbearing to show favour or disfavour to any
person in relation to the contract or any other contract with Employer.

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2.3 The Bidder(s)/Contractor(s) shall disclose the name and address of agents and
representatives and Indian Bidder(s)/Contractor(s) shall disclose their foreign principals
or associates.

2.4 The Bidder(s)/Contractor(s) shall disclose the payments to be made by them to

agents/brokers or any other intermediary, in connection with this bid/contract

2.5 The Bidder, either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall disclose any payments he has made, is committed to or
intends to make to officials of the Employer or their family members, agents, brokers or
any other intermediaries in connection with the contract and the details of services
agreed upon for such payments.

2.6 The Bidder/Contractor will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.

2.7 The Bidder/Contractor will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.

2.8 The Bidder/Contractor shall not use improperly, for purposes of competition or personal
gain, or pass on to others, any information provided by the Employer as part of the
business relationship, regarding plans, technical proposals and business details,
including information contained in electronic data carrier. The Bidder/Contractor also
undertakes to exercise due and adequate care lest any such information is divulged.

2.9 The Bidder(s)/Contractor(s) commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.

2.10 The Bidder(s)/Contractor(s) shall not instigate or cause to instigate any third person to
commit any of the actions mentioned above.

2.11 If the Bidder/Contractor or any employee of the Bidder/Contractor or any person acting
on behalf of the Bidder/Contractor, either directly or indirectly, is a relative of any of the
officers of the Employer, or alternatively, if any relative of an officer of the Employer has
financial interest/stake in the Bidder(s)/Contractor(s) firm(excluding Public Ltd. Company
listed on Stock Exchange), the same shall be disclosed by the Bidder/Contractor at the
time of filling of tender.

The term ‘relative’ for this purpose would be as defined in Section 2(77) of the
Companies Act 2013.

2.12 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of the
Employer.

2.13. The Bidder/supplier shall follow all rules and regulations of India including statutory
requirements like minimum wages, ESIC and EPF.

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3.0 Previous Transgression

3.1 Bidders to disclose any transgressions with any other company that may impinge on the
anti-corruption principle. The date of such transgression, for the purpose of disclosure
by the bidders in this regard, would be the date on which cognizance of the said
transgression was taken by the competent authority. The period for which such
transgression(s) is/are to be reported by the bidders shall be the last three years to be
reckoned from date of bid submission. The transgression(s), for which cognizance was
taken before the said period of three years, but are pending conclusion, shall also be
reported by the bidders.

3.2 The Bidder agrees that if it makes incorrect statement on this subject, Bidder can be
disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.

4.0 Earnest Money (Security Deposit)

The provision regarding Earnest Money/Security Deposit as detailed in the Notice Inviting
Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be
referred.

5.0 Sanctions for Violations

5.1 Any breach of the aforesaid provisions by the Bidder/Contractor or any one employed by
it or acting on its behalf shall entitle the Employer to take action as per the procedure
mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-
A and initiate all or any one of the following actions, wherever required:-

(i) To immediately disqualify the bidder and call off the pre contract proceedings
without assigning any reason or giving any compensation to the Bidder/Contractor.
However, the proceedings with the other Bidder(s)/Contractor(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either
fully or partially, as decided by the Employer and the Employer shall not be required
to assign any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Contractor. The Bidder/Contractor shall be liable to pay
compensation for any loss or damage to the Employer resulting from such
cancellation/rescission and the Employer shall be entitled to deduct the amount so
payable from the money(s) due to the Bidder/Contractor.
(iv) To encash the Bank guarantee, in order to recover the dues if any by the Employer,
along with interest as per the provision of contract.
(v) To debar the Bidder/Contractor from participating in future bidding processes of
Employer, as per provisions of “Guidelines on Banning of Business Dealings”
(Annex-A), which may be further extended at the discretion of the Employer.

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(vi) To recover all sums paid in violation of this Pact by Bidder(s)/Contractor(s) to any
middleman or agent or broker with a view to securing the contract.
(vii) In cases where irrevocable Letters of Credit have been received in respect of any
contract signed by the Employer with the Bidder/ Contractor, the same shall not be
opened/operated.
(viii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit
the same without assigning any reason for imposing sanction for violation of this
Pact.
5.2 The Employer will be entitled to take all or any of the actions mentioned at para 5.1 (i) to
(viii) of this Pact also on the Commission by the Bidder/Contractor or any one employed
by it or acting on its behalf (whether with or without the knowledge of the
Bidder/Contractor), of an offence as defined in GFR, Chapter IX of the Indian Penal
Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption in Employer’s country.

5.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has
been committed by the Bidder / Contractor shall be final and conclusive on the Bidder /
Contractor. However, the Bidder/Contractor can approach the Independent External
Monitor(s) appointed for the purposes of this Pact.

6.0 Independent External Monitor(s)

6.1 The Employer has appointed Independent External Monitor(s) (hereinafter referred to as
Monitors) for this Pact.

6.2 The task of the Monitors shall be to review independently and objectively, whether and
to what extent the parties comply with the obligations under this Pact.

6.3 The Monitors shall not be subject to instructions by the representatives of the parties and
perform their functions neutrally and independently.

6.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement for which a complaint or issue is raised before them,
including minutes of meetings. The right to access records should only be limited to the
extent absolutely necessary to investigate the issue related to the subject
tender/contract.

6.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will
so inform CMD/CEO/MD of Employer and request Employer to discontinue or take
corrective action, or to take other relevant action. The Monitor can in this regard submit
non-binding recommendations. Beyond this the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.

6.6 The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without
restriction, to all Project documentation of the Employer including that provided by the
Bidder/Contractor. The Bidder/Contractor will also grant the Monitor, upon his request
and demonstration of a valid interest, unrestricted and unconditional access to his project
documentation. The same is applicable to Subcontractor(s). The Monitor shall be under

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contractual obligation to treat the information and documents of the

Bidder/Contractor/Subcontractor(s) with confidentiality.

6.7 The Employer will provide to the Monitor sufficient information about all meetings among
the parties related to the project provided such meetings could have an impact on the
contractual relations between the parties. The parties will offer to the Monitor the option
to participate in such meetings as and when required.

6.8 The Monitor will submit a written report to the CMD/CEO/MD of Employer within 30 days
from the date of reference or intimation to him by the Employer/Bidder and should the
occasion arise, submit proposals for correcting problematic situations.

6.9 The word ‘Monitor’ would include both singular and plural.

6.10 In the event of a dispute between the management and the contractor related to those
contracts were integrity pact is applicable, in case both the parties agree, they may try
to settle the dispute through mediation before the panel of IEMs in a time bound manner.
In case the dispute remains unresolved even after mediation by the panel of IEMs,
SJVN may take further action as per the terms and conditions of Contract. Expenses
on dispute resolution shall be equally shared by both the parties.

7.0 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the Employer or its agencies shall be entitled to examine all the documents
including the Books of Accounts of the Bidder/Contractor and the Bidder/Contractor shall
provide necessary information and documents in English and shall extend all possible
help for the purpose of such examination.

8.0 Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the
Registered Office of the Employer. The arbitration clause provided in the tender
document/contract shall not be applicable for any issue/dispute arising under Integrity
Pact.

9.0 Other Legal Actions

9.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the extant law in force relating to
any civil or criminal proceedings.

9.2 Changes and supplements as well as termination notice need to be made in writing.

9.3 If the Contractor is a partnership or a consortium or a joint venture, this pact must be
signed by all partners of the consortium/joint venture.

10.0 Validity

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10.1 Integrity Pact, in respect of particular contract shall be operative from the date Integrity
Pact is signed by both the parties.

10.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this
Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intention.

11.0 The Parties hereby sign this Integrity Pact at ____________ on ______________.

Employer Bidder

Name of the Officer (Authorised Person)

Designation (Name of the Person)

Designation

Place---------------- Place--------------

Date--------------- Date--------------

Witness1.__________________ Witness1.___________________

(Name and address) (Name and address)

2.__________________________ 2.__________________________

(Name and address) (Name and address)

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Guidelines on Banning of Business Dealings

1.0 Introduction
1.1 Employer deals with Agencies viz. parties/ contractors/ suppliers/ bidders, who are
expected to adopt ethics of highest standards and a very high degree of integrity,
commitments and sincerity towards the work undertaken. It is not in the interest of
Employer to deal with Agencies who commit deception, fraud or other misconduct
in the tendering process.
1.2 Since banning of business dealings involves civil consequences for an Agency
concerned, it is incumbent that adequate opportunity of hearing is provided and
the explanation, if tendered, is considered before passing any order in this regard
keeping in view the facts and circumstances of the case.
2.0 Scope
2. 1 The Information for Bidders/ Instruction to Bidders and even the General
Conditions of Contract (GCC) of Employer generally provide that Employer shall
have the rights to remove from list of approved suppliers / contractors or to ban
business dealings if any Agency has been found to have committed misconduct or
fraud or anything unethical not expected from a reputed contractor.
2.2 The procedure of (i) Removal of Agency from the List of approved suppliers /
contractors; (ii) Suspension and (iii) Banning of Business Dealing with Agencies,
has been laid down in these guidelines.
2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional Offices/
Liaison Offices of SJVN including its subsidiaries and JVs.
2.4 It is clarified that these guidelines do not deal with the poor performance of the
contractors/ Agencies.
2.5 The banning shall be with prospective effect, i.e. future business dealings.
3.0 Definitions
In these Guidelines, unless the context otherwise requires:
i) “Party / Contractor / Supplier / Bidders” shall mean and include a public
limited company or a private limited company, a joint Venture, Consortium,
HUF, a firm whether registered or not, an individual, cooperative society or an
association or a group of persons engaged in any commerce, trade, industry,
etc. “Party / Contractor/ Supplier / Bidder’ in the context of these guidelines is
indicated as ‘Agency’.
ii) “Unit” shall mean the Project/ Power Station/ Regional Office/ Liaison Office.
iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:
The concerned Director shall be the ‘Competent Authority’ for the purpose of
these guidelines.
CMD shall be the ‘Appellate Authority’ in respect of such cases.
iv) “Investigating Committee” shall mean any Officer/Committee appointed by
Competent Authority to conduct investigation.
v) “List of approved Agencies viz Parties / Contractors / Suppliers/Bidders”
shall mean and include list of Parties/ Contractors / Suppliers / Bidders etc if
registered with Employer.
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4.0 Initiation of Banning / Suspension

Action for banning /suspension business dealings with any Agency shall be
initiated by the department responsible for invitation of bids after noticing the
irregularities or misconduct on the part of Agency concerned. Besides the
concerned department, Vigilance Department of each Unit/ Corporate Vigilance
may also be competent to initiate such action.
5.0 Suspension of Business Dealings.
5.1 If the conduct of any Agency dealing with Employer is under investigation, the
Competent Authority may consider whether the allegations (under investigation)
are of a serious nature and whether pending investigation, it would be advisable
to continue business dealing with the Agency. If the Competent Authority, after
consideration of the matter including the recommendation of the Investigating
Committee, if any, decides that it would not be in the interest to continue business
dealings pending investigation, it may suspend business dealings with the Agency.
The order of suspension would operate for a period not more than six months and
may be communicated to the Agency as also to the Investigating Committee. The
Investigating Committee may ensure that their investigation is completed and
whole process of final order is over within such period. However, if investigations
are not completed in six months time, the Competent Authority may extend the
period of suspension by another three months, during which period the
investigations must be completed.
5.2 The order of suspension shall be communicated to all Departmental Heads of
SJVN (including its subsidiaries and JVs) and Heads of the Units. During the period
of suspension, no business dealing may be held with the Agency.
5.3 As far as possible, the existing contract(s) with the Agency may continue unless
the Competent Authority, having regard to the circumstances of the case, decides
otherwise.
5.4 If the Agency concerned asks for detailed reasons of suspension, the Agency may
be informed that its conduct is under investigation. It is not necessary to enter into
correspondence or argument with the Agency at this stage.
5.5 It is not necessary to give any show-cause notice or personal hearing to the
Agency before issuing the order of suspension.
6.0 Ground on which Banning of Business Dealings can be initiated:
6.1 If the security consideration, including questions of loyalty of the Agency to
Employer so warrants;
6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted
by a Court of Law for offences involving moral turpitude in relation to its business
dealings with the Government or any other public sector enterprises, during the
last three years.
6.3 If business dealings with the Agency have been banned by the Department of
Power, Government of India and the relevant government department of
Employer’s Country.
6.4 If the Agency has resorted to corrupt, fraudulent practices including
misrepresentation of facts;
6.5 If the Agency uses intimidation / threatening or brings undue outside pressure on
Employer or its official for acceptance / performances of the job under the contract;

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6.6 If the Agency misuses the premises or facilities of Employer, forcefully occupies or
damages Employer’s properties including land, water resources, forests / trees or
tampers with documents/records etc. (Note: The examples given above are only
illustrative and not exhaustive. The Competent Authority may decide to ban
business dealing for any good and sufficient reason).

7.0 Banning of Business Dealings

7. 1 A decision to ban business dealings with any Agency shall apply throughout SJVN
including its subsidiaries/JVs.
7.2 There will be an Investigating Committee consisting of officers not below the rank
of AGM/DGM from Indenting Division, Finance, Law and Contracts. Member from
department responsible for invitation of bids shall be the convener of the
committee. The functions of the committee shall, inter-alia include:
i) To study the report of the unit/division responsible for invitation of bids and
decide if a prima-facie case for banning exists, if not, send back the case to the
Competent Authority.
ii) To recommend for issue of show-cause notice to the Agency by the concerned
unit/division as per clause 9.1.
iii) To examine the reply to show-cause notice and call the Agency for personal
hearing, if required.
iv) To submit final recommendations to the Competent Authority for banning or
otherwise.
8.0 Removal from List of Approved Agencies - Suppliers/ Contractors, etc.
8.1 If the Competent Authority decides that the charge against the Agency is of a minor
nature, it may issue a show-cause notice as to why the name of the Agency should
not be removed from the list of approved Agencies - Suppliers / Contractors, etc.
8.2 The effect of such an order would be that the Agency would not be qualified for
competing in Open Tender Enquiries or Limited Tender Enquiries till the period
mentioned in the order.
8.3 Past performance of the Agency may be taken into account while processing
approval of the Competent Authority for award of the contract.
9.0 Show-cause Notice
9.1 In case where the Competent Authority decides that action against an Agency is
called for, a show-cause notice has to be issued to the Agency, Statement
containing the imputation of misconduct or misbehavior may be appended to the
show-cause notice and the Agency should be asked to submit within 15 days a
written statement in its defense.
9.2 If the Agency requests for inspection of any relevant document in possession of
Employer, necessary facility for inspection of documents may be provided.
9.3 The Competent Authority may consider and pass an appropriate speaking order:
a) For exonerating the Agency if the charges are not established;
b) For removing the Agency from the list of approved Suppliers / Contactors, etc.
c) For banning the business dealing with the Agency.
9.4 If it decides to ban business dealings, the period for which the ban would be
operative may be mentioned.

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10.0 Appeal against the Decision of the Competent Authority

10.1 The Agency may file an appeal against the order of the Competent Authority
banning business dealing etc. The appeal shall be filed to Appellate Authority.
Such an appeal shall be preferred within one month from the date of receipt of the
order banning business dealing, etc.
10.2 Appellate Authority would consider the appeal and pass appropriate order which
shall be communicated to the Agency as well as the Competent Authority.
11.0 Circulation of the names of Agencies with whom Business Dealings have
been banned
i) The concerned unit shall forward the name and details of the Agency(ies)
banned to IT&SE Division of SJVN’s Corporate Office for displaying the same
on SJVN website.

ii) Corporate Contracts Department shall also forward the name and details of the
Agency(ies) banned to the Ministry of Power, GoI besides forwarding the name
and details to the contracts/procurement group of all CPSUs of power sector.
______________

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ANNEXURE- IV(A)

(To be executed on plain paper at the time of submission of bid and on Non-
judicial stamp paper of appropriate value by successful bidder (Contractor) prior
to signing of Contract Agreement)

FORM OF DECLARATION OF ELIGIBILITY

UNDERTAKING

I / We, M/s ………………………………..(Name of Bidder) hereby certify that I / we have

not been banned /de-listed/ black listed / debarred from business by any PSU / Govt.
Department during last 03 (three) years on the grounds mentioned in para 6 of Guidelines
on banning of Business dealing, ITB Clause 3.2 of Tender Document.

(Seal & signature of the Bidder)

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ANNEXURE- IV(B)

(To be executed on plain paper at the time of submission of bid and on Non-
judicial stamp paper of appropriate value by successful bidder (Contractor) prior
to signing of Contract Agreement)

FORM OF DECLARATION REGARDING CONFLICT OF INTEREST

UNDERTAKING

I / We, M/s ………………………………..(Name of Bidder) hereby declare following

information i.r.o. 2.11 of Integrity Pact, Annexure – IV of Bid Document;
1.)
2.)
3.)

(Seal & signature of the Bidder)

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ANNEXURE -V

FORM OF JOINT VENTURE AGREEMENT

(On Non-Judicial Stamp Paper of Appropriate Value)

FORM OF JOINT VENTURE AGREEMENT BETWEEN

M/s…………………………………………………………
AND M/S………………………………………………..
FOR ELECTRO MECHANICAL PACKAGE

FOR SUNNI DAM HYDRO ELECTRIC PROJECT

BID DOCUMENT NO. SJVN/CHQ/ECD/SUNNI/EMP/2024

3. THIS Joint Venture Agreement executed on this…………….. day of …….. Two

thousand………………between M/s…………………………….a Company
incorporated under the laws of………………….. and having its Registered Office
at ……………(hereinafter called the “Partner-I.” Which expression shall include
its successors, executors and permitted assigns) and
M/s……………………………………… a Company incorporated under the laws
of ……………………… and having its Registered Office at
……………………………….(hereinafter called the “Partner-2”, which expression
shall include its successors, executors and permitted assigns), for the purpose
of making a bid and entering into the Contract(in case of award) against Bid
Document [Link]/CHQ/ECD/SUNNI/EMP/2023 for “Electro Mechanical
Works for Sunni Dam Electric Power Project (382 MW)" of M/s. SJVN
Limited, a Company incorporated under the Company’s Act, 1956/2013, and
having its Registered Office at SJVN Corporate Head Quarter, Shanan, Shimla-
171006 (India) (hereinafter called the Employer).

1. WHEREAS, the Employer invited Bids for Electro Mechanical Package vide its Bid
document no: SJVN/CHQ/ECD/SUNNI/EMP/2023 for design. Engineering,
manufacture, supply, transportation to site, storage, preservation, installation,
testing and commissioning including putting into satisfactory operation of Electro
Mechanical Package for “Electro Mechanical Works for Sunni Dam Electric
Power Project (382 MW)" (hereinafter referred to as “ Plant”).

AND WHEREAS Bidding Documents stipulates that the bidder shall be a Joint
Venture comprising of firms and further stipulates that in this case, the bidder
shall provide along with the bid, a Joint Venture Agreement as per this format in
which the Partners in the Joint Venture are jointly and severally liable to the
Employer to perform all the contractual obligations.

AND WHEREAS the bid is being submitted to the Employer vide proposal
No………… dated………. based on the Joint Venture Agreement being these

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presents and the bid in accordance with the requirement of Bidding document
have been signed jointly by both the partners and submitted to the Employer.

NOW THIS INDENTURE WITHNESSETH AS UNDER:

In consideration of the above premises and agreements both the partners to this
joint venture do hereby now agree as follows:-

1. In consideration of the Award of the Contract by the Employer to the Joint Venture,
we the partners to the Joint Venture Agreement, do hereby agree that partner (1)
(M/s…………………………………) shall act as the Lead Partner `for self and
formed on behalf of partner 2 and further declare and confirm that we shall be
jointly and severally bound unto the Employer for the execution of the contract in
accordance with the Contract Terms and shall be jointly and severally liable to the
Employer to perform all the contractual obligations including the technical
guarantees. Further, the lead partner is authorized to incur liabilities and receive
instructions for and on behalf of any and all partners of the Joint Venture and the
entire execution of the Contract.

2. Further, JV shall open a dedicated account in which the payments against the
Contract shall be made to the joint venture. The payments released to the JV shall
be solely utilized for the said work and shall not be diverted for other purposes
without prior permission of Employer.

3. In case of any breach of the Contract committed by any of the partners of the Joint
Venture Agreement, the other partner(s), hereby agree to be fully responsible for
the successful performance of the Contract in accordance with the terms of the
Contract.

4. Further, if the Employer suffered any loss or damage on account of any breach of
the Contract or any shortfall in the performance of the completed equipment in
meeting the performance guaranteed parameters as per Specifications of the
Contract, the partner (2) of these presents undertakes to promptly made good such
loss or damage caused to the Employer, on its demand without any demure, It
shall not be necessary or obligatory for the Employer to proceed against the
partner (1) to these presents before proceeding against the partner(2).

5. The financial liability of the partners of this joint venture agreement, to the
Employer with respect to any and all claims arising out of the performance or non-

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performance of the Contract shall, however, be not limited in any way so as to

restrict or limit the liabilities of either of the partner.

6. It is expressly understood and agreed between the partners to this agreement that
the responsibilities and obligations of each of the partners shall be delineated in
*Appendix-I to this agreement. It is further agreed by the partners that the above
sharing of responsibilities and obligation shall not in any way be a limitation to the
joint and several responsibilities of the partners under the contract.

7. This Joint Venture Agreement shall be construed and interpreted in accordance

with the Laws of India and courts of Delhi shall have the exclusive jurisdiction in all
matters arising there under.

8. In case of an award of contract we the partners to the Joint Venture Agreement do

hereby agree that we shall furnish the Contract Performance Guarantee from a
Bank in favour of Employer for a value as stipulate under the Contract and this
shall be in the name of all partners of the joint venture.

9. It is further agreed that the Joint Venture Agreement shall be irrevocable and shall
for an integral part of the Contracts and shall continue to be enforceable till the
Employer discharges the same. It shall be effective from the date first mentioned
above for all purposes and intents.

IN WITNESS WHEREOF, the partners to be joint venture agreement have, through

their authorized representatives, executed these presents and affixed common seals
of their respective companies on the day month and year first mentioned above.

For M/s………………………….
(Partner-1)

1. Common Seal of M/s.………….………… …………………………………..

has been affixed in my/our (Signature of the Authorized
presence to Board of Directors representative)

Resolution dated ………………

Name…………...…...…………
Signatures……………..……………
Designation …. …………………
Name…………...…...………… Common Seal of the
Company ……………………...
Designation…………...…...…………

For M/s………………………….
(Partner-2)

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1. Common Seal of M/s.………….……… …………………………………..

has been affixed in my/our (Signature of the Authorized
presence to Board of Directors representative)
Resolution dated ………………
Name…………...…...…………
Signatures……………..……………
Designation …. …………………
Name…………...…...………… Common Seal of the
Company ……………………...
Designation…………...…...…………

Notes :
1) * To be incorporated by the partners suitably.

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ANNEXURE- VI

Performance security form- Bank Guarantee

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

Bank Guarantee No. .......................

Date. ..................................
To,

(Employer address)

Dear Sirs,

In consideration of the SJVN Ltd.[Employer’s Name] (hereinafter referred to as the

„Employer,‟ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s....................
[Contractor’s Name] ............................with its Registered / Head Office at
....................................................... (hereinafter referred to as the „Contractor‟, which
expression shall unless repugnant to the context or meaning thereof, include its
successors administrators, executors and assigns), a Contract by issue of Employer‟s
Notification of award No. .......................dated................. and the same having been
unequivocally accepted by the Contractor, resulting in to a contract bearing No.
........................dated ................. Valued at.................. “Electro Mechanical Works for
Sunni Dam Electric Power Project (382 MW)" and the Contractor having agreed to
provide a contract Performance guarantee for the faithful performance of the entire
Contract equivalent to ………..(*)………… of the said value of the contract to the
Employer.
We ............. [Name & Address of the Bank] .............................having its Head Office at
......................... (hereinafter referred to as the „Bank‟, which expression shall, unless
repugnant to the context or meaning thereof, include its successors administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, 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 Employer on the Bank shall be conclusive
and binding notwithstanding any difference between the Employer 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 Employer and further agrees that the guarantee herein contained shall continue to be
enforceable till the Employer discharges this guarantee.
The Employer 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 Employer shall have the fullest liberty, without affecting
this guarantee, to postpone from time to time the exercise of any powers vested in them

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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 Employer and the contractor or any
other course or remedy or security available to the Employer. The Bank shall not be
released of its obligations under these presents by any exercise by the Employer of its
liberty with reference to the matters aforesaid or any of them or by reason of any other
act or forbearance or other acts of omission or commission on the part of the Employer
or any other indulgence shown by the Employer 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 Employer at its option shall be entitled to enforce this
guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the contractor and notwithstanding any security or other guarantee that the
Employer may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is
restricted to .............................(*)............................ and it shall remain in force upto and
including ....................(@) ................. and shall be extended from time to time for such
period (not exceeding one year), as may be desired by
M/s………………………….[Contractor‟s Name] on whose behalf this guarantee has been
given.
Dated this...........................day of................20.................at.......................
WITHNESS
.................................................................. .....................................................................
(Signature) (Signature)
................................................................... ....................................................................
(Name) (Name)
................................................................. .....................................................................
(Official Address) (Designation with Bank Stamp)
Attorney as per Power of
Attorney No...............
Date...........................................
NOTE: 1. (*) This sum shall be three percent (5%) of the Contract Price.
(@) This date will be sixty (60) days beyond the issuance of Defect Liability
certificate.
2. The stamp papers of appropriate value shall be purchased in the name of
issuing Bank.

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Annexure-VIA
Performance security form- Bank Guarantee
(In case bid is submitted by Joint Venture)
(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing
Bank)
Bank Guarantee No. .......................
Date. ..................................
To,
(Employer address)
Dear Sirs,
In consideration of the SJVN Ltd.[Employer’s Name] (hereinafter referred to as the
„Employer,‟ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s....................
[Contractor’s Name] ............................with its Registered / Head Office at
....................................................... (hereinafter referred to as the „Contractor‟, which
expression shall unless repugnant to the context or meaning thereof, include its
successors administrators, executors and assigns), a Contract by issue of Employer‟s
Notification of award No. .......................dated................. and the same having been
unequivocally accepted by the Contractor, resulting in to a contract bearing No.
........................dated ................. Valued at.................. “Electro Mechanical Works for
Sunni Dam Electric Power Project (382 MW)" and the Contractor having agreed to
provide a contract Performance guarantee for the faithful performance of the entire
Contract equivalent to ………..(*)………… of the said value of the contract to the
Employer.
We ............. [Name & Address of the Bank] .............................having its Head Office at
......................... (hereinafter referred to as the „Bank‟, which expression shall, unless
repugnant to the context or meaning thereof, include its successors administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, 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 Employer on the Bank shall be conclusive
and binding notwithstanding any difference between the Employer 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 Employer and further agrees that the guarantee herein contained shall continue to be
enforceable till the Employer discharges this guarantee.
The Employer 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 Employer shall have the fullest liberty, without affecting
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 Employer and the contractor or any
other course or remedy or security available to the Employer. The Bank shall not be
released of its obligations under these presents by any exercise by the Employer of its

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liberty with reference to the matters aforesaid or any of them or by reason of any other
act or forbearance or other acts of omission or commission on the part of the Employer
or any other indulgence shown by the Employer 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 Employer at its option shall be entitled to enforce this
guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the contractor and notwithstanding any security or other guarantee that the
Employer may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is
restricted to .............................(*)............................ and it shall remain in force upto and
including ....................(@) ................. and shall be extended from time to time for such
period (not exceeding one year), as may be desired by
M/s………………………….[Contractor’s Name] on whose behalf this guarantee has been
given.
Dated this...........................day of................20.................at.......................
WITHNESS
.................................................................. .....................................................................
(Signature) (Signature)
................................................................... ....................................................................
(Name) (Name)
................................................................. .....................................................................
(Official Address) (Designation with Bank Stamp)
Attorney as per Power of
Attorney No...............
Date...........................................
NOTE: 1. (*) This sum shall be three percent (5%) of the Contract Price.
(@) This date will be sixty (60) days beyond the issuance of Defect Liability
certificate.
2. The BG shall be in the name of individual partner in proportion of its share.

3. The stamp papers of appropriate value shall be purchased in the name of

issuing Bank.

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Annexure-VIB
Performance security form- Bank Guarantee
(In case bid is submitted by Merged/Acquired/Subsidiary Company)
(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing
Bank)
Bank Guarantee No. .......................
Date. ..................................
To,
Employer Address
Dear Sirs,
In consideration of the SJVN Ltd. [Employer’s Name] (hereinafter referred to as the
„Employer,‟ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s....................
[Contractor’s Name] ............................with its Registered / Head Office at
....................................................... (hereinafter referred to as the „Contractor‟, which
expression shall unless repugnant to the context or meaning thereof, include its
successors administrators, executors and assigns), a Contract by issue of Employer‟s
Notification of award No. .......................dated................. and the same having been
unequivocally accepted by the Contractor, resulting into a contract bearing No.
........................dated ................. Valued at.................. for “Electro Mechanical Works
for Sunni Dam Electric Power Project (382 MW)" a Subsidiary/Sister Company of M/s
....... (name of Parent/Holding Company) ..........., which expression shall unless
repugnant to the context or meaning thereof, include its successors administrators,
executors and assigns) the said parent/holding company having agreed to provide an
Additional Performance Guarantee equivalent to ………..(*)………… of the said value of
the contract to the Employer for the faithful performance of the entire Contract including
providing full technical and financial support for the above work and successful
completion of the entire scope of works. In case of failure of Subsidiary/Sister Company
to complete/non-performance of work we will complete the subject cited work without any
additional financial implication to purchaser.
We .............[Name & Address of the Bank] ............................. Having its Head Office at
......................... (hereinafter referred to as the „Bank‟, which expression shall, unless
repugnant to the context or meaning thereof, include its successors administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, on
demand any and all monies payable by the Parent/Holding Company 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 / Parent/Holding Company. Any such demand made by the Employer
on the Bank shall be conclusive and binding notwithstanding any difference between the
Employer and the contractor/ Parent/Holding Company 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 Employer and further
agrees that the guarantee herein contained shall continue to be enforceable till the
Employer discharges this guarantee.

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The Employer 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 Employer shall have the fullest liberty, without affecting
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/ Parent/Holding Company,
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 Employer
and the contractor / Parent/Holding Company or any other course or remedy or security
available to the Employer. The Bank shall not be released of its obligations under these
presents by any exercise by the Employer of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of
omission of commission on the part of the Employer or any other indulgence shown by
the Employer 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 Employer at its option shall be entitled to enforce this
guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the contractor / Parent/Holding Company and notwithstanding any security or
other guarantee that the Employer may have in relation to the Contractor’s /
Parent/Holding Company’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is
restricted to .............................(*)............................ and it shall remain in force upto and
including ....................(@) ................. and shall be extended from time to time for such
period (not exceeding one year), as may be desired by
M/s………………………….[Contractor‟s Name] on whose behalf this guarantee has been
given.
Dated this...........................day of................20.................at.......................
WITNESS
.................................................................. .....................................................................
(Signature) (Signature)
................................................................... ....................................................................
(Name) (Name)
................................................................. .....................................................................
(Official Address) (Designation with Bank Stamp)
Attorney as per Power of
Attorney No...............
Date...........................................
NOTE: 1. This bank guarantee shall be submitted by Parent /Holding company.
(*) This sum shall be three percent (5%) of the Contract Price.
(@) This date will be sixty (60) days beyond the issuance of Defect Liability
certificate.
2. The stamp papers of appropriate value shall be purchased in the name of
issuing Bank.

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Annexure-VIC
Performance security form- Bank Guarantee
(To be submitted by Manufacturer)
(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing
Bank)
Bank Guarantee No. .......................
Date. ................................................
To
(Employer address)
Dear Sirs,
In consideration of the SJVN Ltd [Employer's Name] (hereinafter referred to as the
„Employer‟ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s ......[Bidder 's
Name]............ with its Registered/Head Office at ............................. (hereinafter referred
to as the „Contractor‟, which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns), a Contract by
issue of Employer‟s Notification of award No. .......................dated................. and the
same having been unequivocally accepted by the Contractor, resulting into a contract
bearing No. ........................dated ................. Valued at.................. for “Electro
Mechanical Works for Sunni Dam Electric Power Project (382 MW)" and the
Contractor alongwith M/s…,[ Manufacturer’s Name ] a Company with Registered Office
at ………(hereinafter referred to as the „Manufacturer‟ which expression shall unless
repugnant to the context or meaning thereof, include its successors, administrators and
assigns ) having executed a Deed of Undertaking for successful performance of the
component works to be executed by the manufacturer and the manufacturer having
agreed to provide an additional Contract Performance Guarantee for the faithful
performance of the sub-let works under the Contract equivalent to 5%(five percent) of the
value of the aforesaid sub-let works under the Contract to the Employer.
We ................[Name & Address of the Bank]..........having its Head Office
at...........................(hereinafter referred to as the „Bank‟, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, 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 Employer on the Bank shall be conclusive and binding
notwithstanding any difference between the Employer 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 Employer and further agrees that the guarantees herein contained shall continue to
be enforceable till the Employer discharges this guarantee.
The Employer 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 manufacturer. The Employer shall have the fullest liberty, without affecting
this guarantee, to postpone from time to time the exercise of any powers vested in them

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or of any right which they might have against the manufacturer, 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 Employer and the Contractor or Deed
of Undertaking executed by the Contractor alongwith its manufacturer any other course
or remedy or security available to the Employer. The Bank shall not be released of its
obligations under these presents by any exercise by the Employer of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Employer or any
other indulgence shown by the Employer or by any other matter or thing whatsoever which
under the law would, but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Employer at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the manufacturer and notwithstanding any security or other guarantee the
Employer may have in relation to the Contractor‟s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is
restricted to .............................(*)............................ and it shall remain in force upto and
including ....................(@) ................. and shall be extended from time to time for such
period (not exceeding one year), as may be desired by
M/s………………………….[Contractor‟s Name] on whose behalf this guarantee has been
given.
Dated this .............................day of ..........(month).............(year) ...........at..............
WITNESS
................................................ (Signature)...........................
(Signature)
................................................
(Name) (Name)..................................
.................................................. ..........................................
(Official Address) (Designation with Bank Stamp)/Staff Authority No.
Notes :
1. (*) This sum shall be three percent (5%) of the value of the sub-let works as identified
in the Contract denominated in the types and proportions of currencies.
(@) This date will be sixty (60) days beyond the issuance of Defect Liability certificate.
2. The stamp papers of appropriate value shall be purchased in the name of issuing
Bank. Page

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ANNEXURE-VII
6. Form of Completion Certificate

Date:

DCB No.:

[Name of Contract]

To: [Name and address of Contractor]

Dear Ladies and/or Gentlemen,

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

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

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

2. Date of Completion: [date]

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

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

Very truly yours,

Title
(Project Manager)

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ANNEXURE-VIII
7. Form of Operational Acceptance Certificate

Date:

NCB No.:

[Name of Contract]

To: [Name and address of Contractor]

Dear Ladies and/or Gentlemen,

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

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

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

2. Date of Operational Acceptance: [date]

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

Very truly yours,

Title
(Project Manager)

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ANNEXURE-IX

8. Change Order Procedure and Forms

Date:

NCB No.:

CONTENTS

1. General
2. Change Order Log
3. References for Changes

ANNEXES

Annex I Request for Change Proposal

Annex II Estimate for Change Proposal
Annex III Acceptance of Estimate
Annex IV Change Proposal
Annex V Change Order
Annex VI Pending Agreement Change Order
Annex VII Application for Change Proposal

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Change Order Procedure

1. General

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

2. Change Order Log

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

3. References for Changes

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

CR-X-nnn.
(2) Estimate for Change Proposal as referred to in GC Clause 39 shall be serially
numbered CN-X-nnn.
(3) Acceptance of Estimate as referred to in GC Clause 39 shall be serially
numbered CA-X-nnn.
(4) Change Proposal as referred to in GC Clause 39 shall be serially numbered
CP-X-nnn.
(5) Change Order as referred to in GC Clause 39 shall be serially numbered CO-
X-nnn.

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

Home Office CR-H-nnn

Site CR-S-nnn

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

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AnnexI. Request for Change Proposal

(Employer’s Letterhead)

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

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

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

1. Title of Change: [Title]

2. Change Request No./Rev.: [Number]

3. Originator of Change: Employer: [Name]

Contractor (by Application for Change Proposal No.[Number]1:

4. Brief Description of Change: [Description]

5. Facilities and/or Item No. of equipment related to the requested Change: [Description]

6. Reference drawings and/or technical documents for the request of Change:

Drawing No./Document No. Description

7. Detailed conditions or special requirements on the requested Change: [Description]

8. General Terms and Conditions:

(a) Please submit your estimate to us showing what effect the requested Change
will have on the Contract Price.

(b) Your estimate shall include your claim for the additional time, if any, for
completion of the requested Change.

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(c) If you have any opinion negative to the adoption of the requested Change in
connection with the conformability to the other provisions of the Contract or the
safety of the Plant or Facilities, please inform us of your opinion in your proposal
of revised provisions.

(d) Any increase or decrease in the work of the Contractor relating to the services
of its personnel shall be calculated.

(e) You shall not proceed with the execution of the work for the requested Change
until we have accepted and confirmed the amount and nature in writing.

(Employer’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

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Annex II. Estimate for Change Proposal

(Contractor’s Letterhead)

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

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

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

1. Title of Change: [Title]

2. Change Request No./Rev.: [Number]

3. Brief Description of Change: [Description]

4. Scheduled Impact of Change: [Description]

5. Cost for Preparation of Change Proposal: [Cost]2

(a) Engineering (Amount)

(i) Engineer hrs x rate/hr =

(ii) Draftsperson hrs x rate/hr =
Sub-total hrs

Total Engineering Cost

(b) Other Cost

Total Cost (a) + (b)

2
Costs shall be in the currencies of the Contract.

Section – VIII (Contract Forms)

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(Contractor’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

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Annex III. Acceptance of Estimate

(Employer’s Letterhead)

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

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

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

1. Title of Change: [Title]

2. Change Request No./Rev.: [Request number/revision]

3. Estimate for Change Proposal No./Rev.: [Proposal number/revision]

4. Acceptance of Estimate No./Rev.: [Estimate number/revision]

5. Brief Description of Change: [Description]

6. Other Terms and Conditions: In the event that we decide not to order the Change
accepted, you shall be entitled to compensation for the cost of preparation of Change
Proposal described in your Estimate for Change Proposal mentioned in para. 3
above in accordance with GC Clause 39 of the General Conditions.

(Employer’s Name)

(Signature)

(Name and Title of signatory)

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Annex IV. Change Proposal

(Contractor’s Letterhead)

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

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

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

1. Title of Change: [Name]

2. Change Proposal No./Rev.: [Proposal number/revision]

3. Originator of Change: Employer: [Name]

Contractor: [Name]

4. Brief Description of Change: [Description]

5. Reasons for Change: [Reason]

6. Facilities and/or Item No. of Equipment related to the requested Change: [Facilities]

7. Reference drawings and/or technical documents for the requested Change:

Drawing/Document No. Description

8. Estimate of increase/decrease to the Contract Price resulting from Change

Proposal:3

(Amount)

(a) Direct material

(b) Major construction equipment

3
Costs shall be in the currencies of the Contract.

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(c) Direct field labor (Total hrs)

(d) Subcontracts

(e) Indirect material and labor

(f) Site supervision

(g) Head office technical staff salaries

Process engineer hrs @ rate/hr

Project engineer hrs @ rate/hr
Equipment engineer hrs @ rate/hr
Procurement hrs @ rate/hr
Draftsperson hrs @ rate/hr
Total hrs

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

(i) Fee for general administration, % of Items

(j) Taxes and customs duties

Total lump sum cost of Change Proposal

[Sum of items (a) to (j)]

Cost to prepare Estimate for Change Proposal

[Amount payable if Change is not accepted]

9. Additional time for Completion required due to Change Proposal

10. Effect on the Functional Guarantees

11. Effect on the other terms and conditions of the Contract

12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the
Employer

13. Other terms and conditions of this Change Proposal:

(a) You are requested to notify us of your acceptance, comments or rejection of

this detailed Change Proposal within [Number] days from your receipt of this
Proposal.

(b) The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.

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(c) Contractor’s cost for preparation of this Change Proposal:2

(Note)This cost shall be reimbursed by the Employer in case of Employer’s
withdrawal or rejection of this Change Proposal without default of the
Contractor in accordance with GC Clause 39 of the General Conditions.

(Contractor’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

2
Specify where necessary.

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Annex V. Change Order

(Employer’s Letter head)

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

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

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

2. Change Request No./Rev.: [Request number/revision]

3. Change Order No./Rev.: [Order number/revision]

4. Originator of Change: Employer: [Name]

Contractor: [Name]
5. Authorized Price:

Ref. No.: [Number] Date: [Date]

Foreign currency portion [Amount] plus Local currency portion [Amount]
6. Adjustment of Time for Completion
None Increase [Number] days Decrease [Number] days
7. Other effects, if any
Authorized by: Date:
(Employer)

Accepted by: Date:

(Contractor)

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Annex VI. Pending Agreement Change Order

(Employer’s Letterhead)

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

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

We instruct you to carry out the work in the Change Order detailed below in accordance
with GC Clause 39 of the General Conditions.

1. Title of Change: [Name]

2. Employer’s Request for Change Proposal No./Rev.: [Number/revision] dated: [Date]

3. Contractor’s Change Proposal No./Rev.: [Number/revision] dated: [Date]

4. Brief Description of Change: [Description]

5. Facilities and/or Item No. of equipment related to the requested Change: [Facilities]

6. Reference Drawings and/or technical documents for the requested Change:

Drawing/Document No. Description

7. Adjustment of Time for Completion:

8. Other change in the Contract terms:

9. Other terms and conditions:

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(Employer’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

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Annex VII. Application for Change Proposal

(Contractor’s Letterhead)

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

Attention: [Name and title]

Contract Name: [Contract name]

Contract Number: [Contract number]

Dear Ladies and/or Gentlemen:

We hereby propose that the below-mentioned work be treated as a Change in the

Facilities.

1. Title of Change: [Name]

2. Application for Change Proposal No./Rev.: [Number/revision] dated: [Date]

3. Brief Description of Change: [Description]

4. Reasons for Change:

5. Order of Magnitude Estimation (in the currencies of the Contract):

6. Scheduled Impact of Change:

7. Effect on Functional Guarantees, if any:

8. Appendix:

(Contractor’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

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ANNEXURE-X
Notification of Award - Letter of Acceptance

______________________

To: ____________________________

This is to notify you that your Bid dated ____________ for execution of the
_________________ for the Contract Price in the aggregate of
_____________________ ________________, as corrected and modified in
accordance with the Instructions to Bidders is hereby accepted by the Employer.

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
…………………………………………………………………………………………………….

You are requested to furnish the Performance Security within 28 days in accordance with
the Conditions of Contract, using for that purpose one of the Performance Security Forms
included in Section VIII - Contract Forms, of the Bidding Document

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
……………………………………………………………………………………………………
Authorized Signature:
Name and Title of Signatory:
Name of Employer:

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Annexure-XI

FORM OF TRUST RECEIPT FOR PLANT, EQUIPMENT AND MATERIALS

RECEIVED

We M/s (Contractor’s
Name)…………………………………………………………….. having our
Employer place of business at …………………………………….having been
awarded a Contract No………………………….. dated…………………………for
(Contract Name)………………… by (Name of
employer)………………………………………………………………

We do hereby acknowledge the receipt of the Plant, Equipment and Materials as

are fully described and mentioned under Documents of Title/RR/LR etc. and in
the schedule annexed hereto, which shall form an integral part of this receipt as
“Trustee” of ……………………….(Name of Employer). The aforesaid materials
etc. so received by us shall be exclusively used in the successful performance of
the aforesaid Contract and for no other purpose whatsoever. We undertake not
to create any charge, lien or encumbrance over the aforesaid materials etc. in
favour of any other person/institution(s) Banks.

For M/s…………………………………
(Contractor’s Name)

Dated………………………
(AUTHORISED SIGNATURY)

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Annexure-XII

FORM OF INDEMINITY BOND TO BE EXECUTED BY THE

CONTRACTOR FOR THE EQUIPMENT HANDED OVER IN ONE LOT
BY THE EMPLOYER FOR PERFORMANCE OF ITS CONTRACT
(Equipment handed over in one lot)

(On non-judicial stamp paper of appropriate value)

INDEMINITY BOND

THIS INDEMINITY BOND is made this………………………………………….. day

of ………20…………………… by ………………………………….(Contractor’s
Name ) a Company registered under the Companies Act, 1956/Partnership
firm/Proprietary concern having its Registered Office at
……………………………..(hereinafter called as ‘Contractor’ or Obligor” which
expression shall include its successors and permitted assigns) in favour of SJVN
Ltd , a Company incorporated under the Companies Act, 1956 having its
Registered Office at SJVN Corporate Head Quarter, Shanan, Shimla- 171006
(India) and its project at ………………….(hereinafter called “SJVN Ltd” which
expression shall include its successors and assigns) :

WHEREAS SJVN Ltd has awarded to the Contractor a Contract for

…………………………… vide its Notification of Award/Contract
No………………….. dated …………………..and its Amendment
No……………………………and Amendment No….……………(applicable when
amendments have been issued)(hereinafter called the Contract”) in terms of
which …………..@ …………… is required to handover various Equipments to
the Contractor for execution of the Contract.

AND WHEREAS by virtue of Clause No……………………….. of the said

Contract, the Contractor is required to execute an Indemnity Bond in favour of
………………. @…………… for the Equipments handed over to it by SJVN Ltd
for the purpose of performance of the Contract/Erection portion of the
contract(hereinafter called the ‘Equipments”)

AND THEREFORE, This Indemnity Bond witnessed as follows:

1 That in consideration of various Equipments as mentioned in the Contract,

valued at (Currency and amount in Figures)
………………………………………………………………(Currency and
amount in words)…………………………………………… handed over to the
Contractor for the purpose of performance of the Contract, the Contractor
hereby undertakes to indemnify and shall keep SJVN Ltd

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indemnified, for the full value of the entire Equipment. The Contractor hereby
acknowledges actual receipt of the Equipment etc. as per dispatch title
documents handed over to the Contractor duly endorsed in their favour as
detailed in the Schedule appended hereto. It is expressly understood by
the contractor that handing over of the dispatch title documents in respect
of the said Equipments duly endorsed by SJVN Ltd in favour of the
Contractor shall be construed as handing over of the Equipment purported
to be covered by such title documents and the Contractor shall hold such
Equipment etc. in trust as a “Trustee” for and on behalf of SJVNL.

2 That the Contractor is obliged and shall remain absolutely responsible for the
safe transit/protection and custody of the Equipment at SJVN Ltd project site
against all contractors risks whatsoever till the Equipments are duly
used/erected in accordance with the terms of the Contract and the
plant/package duly erected and commissioned in accordance with the terms
of the Contract is taken over by SJVNL. The Contractor undertakes to keep
SJVN harmless against any loss or damage that may be caused to the
Equipments.

3. The Contractor undertakes that the Equipments shall be used exclusively for
the performance/execution of the Contract strictly in accordance with its terms
and conditions and no part of the equipment shall be utilized for any other
work of purpose whatsoever. It is clearly understood by the Contractor that
non-observance of the obligations under this Indemnity Bond by the
Contractor shall inter-alia constitute a criminal breach of trust on the part of
the Contractor for all intents and purpose including legal/penal
consequences.

4. That SJVN LTDIs and shall remain the exclusive Employer of the equipments
free from all encumbrances, charges or liens of any kind, whatsoever. The
Equipments shall at all times be open to inspection and checking by the
Project Manager or other employees/agents authorized by him in this regard.
Further, SJVN Ltd shall always be free at all times to take possession of the
Equipments in whatever form the Equipments may be, if in its opinion, the
equipments are likely to be endangered, misutilised or converted to uses
other than those specified in the contract, by any acts of omission or
commission on the part of the Contractor or any other person or on account
of any reason whatsoever and the Contractor binds himself and undertakes
to comply with the directions of demand of SJVN Ltd to return the Equipments
without any demur or reservation.

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage
occurs to the Equipments or the same or any part thereof is misutilised in
any manner whatsoever, then the Contractor hereby agrees that the decision
of the Project Manager of SJVN Ltd as to assessment of loss or damage to
the Equipment shall be final and binding of the Contractor. The Contractor

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binds itself and undertakes to replace the lost and/or damaged Equipments
at its own cost and/or shall pay the amount of loss to SJVN LTD without any
demur, reservation or protest. This is without prejudice to any other right or
remedy that may be available to SJVN LTD against the Contractor under the
Contract and under this Indemnity bond.

6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the
satisfaction of SJVN, THEN, the above Bond shall be void, but otherwise, it
shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its
authorized representative under the common seal of the Company, the day
month and year first above mentioned.

SCHEDULE

Particulars of Quantity Particulars of Value of the Signatures

the Dispatch title Equipments of
Equipments Documents Attorney in
handed over token of
RR/GR/Bill of Carrier receipt.
lading No. &
Date

For and on behalf of

………………………………….
(Contractor’s Name)
(Signature)…………………..

(Name)………………………

Designation of Authorized representative ….……

(Common Seal) …………………………..

(In case of Company)

WITNESS:

1. 1. Signatures………………….

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2. Name………………………

3. Address……………………

2. 1. Signatures………………….

2. Name………………………

3. Address……………………
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Indemnity Bond are to be executed by the authorized person and (i) In case of
contracting Company under common seal of the Company or (ii) having the
Power of Attorney issued under common seal of the company with authority to
execute Indemnity Bond, (iii) In case of (ii), the original Power of Attorney if it is
specifically for this Contract or a Photostat copy of the Power of Attorney if it is
General Power of Attorney and such documents should be attached to Indemnity
Bond

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Annexure-XIII

FORM OF INDEMINITY BOND TO BE EXECUTED BY THE CONTRACTOR

FOR THE EQUIPMENT HANDED OVER IN INSTALMENTS BY THE
EMPLOYER FOR PERFORMANCE OF ITS CONTRACT
(Equipment handed over in installments)

(On non-judicial stamp paper of appropriate value)

INDEMINITY BOND

THIS INDEMINITY BOND is made this………………………………………….. day

of ………20………………… by ………………………………….(Contractor’s
Name ) a Company registered under the Companies Act, 1956/Partnership
firm/Proprietary concern having its Registered Office at
……………………………..(hereinafter called as ‘Contractor’ or Obligor” which
expression shall include its successors and permitted assigns) in favour of SJVN
Ltd., a Company incorporated under the Companies Act, 1956 having its
Registered Office at SJVN Corporate Head Quarter, Shanan, Shimla- 171006
(India)and its project at ………………….(hereinafter called “SJVNL” which
expression shall include its successors and assigns) :

WHEREAS SJVN Ltd has awarded to the Contractor a Contract for

…………………………… vide its Notification of Award/Contract
No………………….. dated …………………..and its Amendment
No……………………………and Amendment No….……………(applicable when
amendments have been issued)(hereinafter called the Contract”) in terms of
which SJVN Ltd is required t handover various Equipments to the Contractor for
execution of the Contract.

AND WHEREAS by virtue of Clause No……………………….. of the said

Contract, the Contractor is required to execute an Indemnity Bond in favour of
SJVN Ltd for the Equipments handed over to it by SJVN Ltd for the purpose of
performance of the Contract/Erection portion of the contract(hereinafter called
the ‘Equipments”)

NOW THEREFORE, This Indemnity Bond witnessed as follows:

1. That in consideration of various Equipments as mentioned in the Contract,

valued at (Currency and amount in Figures)
………………………………………………………………(Currency and amount in
words)…………………………………………… handed over to the Contractor in

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installments from time to time for the purpose of performance of the Contract, the
Contractor hereby undertakes to indemnify and shall keep SJVN Ltd indemnified,
for the full value of the Equipments. The Contractor hereby knowledge’s actual
receipt of the initial installment of the Equipment etc. as per details in the
Schedule appended hereto. Further, the Contractor agrees to acknowledge
actual receipt of the subsequent installments of the Equipments etc. as required
by SJVN Ltd in the form of Schedules consecutively numbered which shall be
attached to this Indemnity Bond as to form integral parts of this Bond. It is
expressly understood by the Contractor that handing over of the dispatch title
documents in respect of the said Equipments duly endorsed by SJVN Ltd in
favour of the Contractor shall be construed as handing over of the Equipment
purported to be covered by such title documents and the Contractor shall hold
such Equipments etc. in trust as a “Trustee” for and on behalf of SJVN Ltd.

2. That the Contractor is obliged and shall remain absolutely responsible for the
safe transit/protection and custody of the Equipment at SJVN Ltd project site
against all Contractor risks whatsoever till the Equipments are duly used/erected
in accordance with the terms of the Contract and the plant/package duly erected
and commissioned in accordance with the terms of the Contract is taken over by
SJVNL. The Contractor undertakes to keep SJVN Ltd harmless against any loss
or damage that may be caused to the Equipments.

3. The Contractor undertakes that the Equipments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the equipment shall be utilized for any other work of
purpose whatsoever. It is clearly understood by the Contractor that non-
observance of the obligations under this Indemnity Bond by the Contractor shall
inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purpose including legal/penal consequences.

4. That SJVN Ltd is and shall remain the exclusive Employer of the equipments free
from all encumbrances, charges or liens of any kind, whatsoever. The
Equipments shall at all times be open to inspection and checking by the Project
Manager or other employees/agents authorized by him in this regard. Further,
SJVN Ltd shall always be free at all times to take possession of the Equipments
in whatever form the Equipments may be, if in its opinion, the equipments are
likely to be endangered, misutilised or converted to uses other than those
specified in the contract, by any acts of omission or commission on the part of
the Contractor or any other person or on account of any reason whatsoever and
the Contractor binds himself and undertakes to comply with the directions of
demand of SJVN Ltd to return the Equipments without any demur or reservation.

5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs
to the Equipments or the same or any part thereof is misutilised in any manner
whatsoever, then the Contractor hereby agrees that the decision of the Project
Manager of SJVN Ltd as to assessment of loss or damage to the Equipment shall

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be final and binding of the Contractor. The Contractor binds itself and undertakes
to replace the lost and/or damaged Equipments at its own cost and/or shall pay
the amount of loss to SJVN Ltd without any demur, reservation or protest. This
is without prejudice to any other right or reedy that may be available to SJVN Ltd
against the Contractor under the Contract and under this Indemnity bond.

6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction
of SJVNL, THEN, the above Bond shall be void, but otherwise, it shall remain in
full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its
authorized representative under the common seal of the Company, the day
month and year first above mentioned.

SCHEDULE

Particulars of Quantity Particulars of Value Value of the Signatures

the Dispatch title Equipments of Attorney
equipments Documents in token of
handed over receipt.
RR/GR/Bill of Carrier
lading No. &
Date

(Please number subsequent schedules)

For and on behalf of……………………

(Contractor’s Name)

(Signature)…………………..
(Name)………………………
Designation of Authorized representative ….……
(Common Seal) …………………………..
(In case of Company)

WITNESS:

1. 1. Signatures………………….

2. Name………………………

3. Address……………………

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2. 1. Signatures………………….

2. Name………………………

3. Address……………………
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Indemnity Bond are to be executed by the authorized person and (i) In case of
contracting Company under common seal of the Company or (ii) having the
Power of Attorney issued under common seal of the company with authority to
execute Indemnity Bond, (iii) In case of (ii), the original Power of Attorney if it is
specifically for this Contract or a Photostat copy of the Power of Attorney if it is
General Power of Attorney and such documents should be attached to Indemnity
Bond

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Annexure-XIV
1 of 3
Real Time Gross Settlement (RTGS) Form
To

The HOD (F&A)

SJVN Ltd.,
Shanan, Shimla-171006

Ref.: Authorisation for payments through Real Time Gross Settlement System

Dear Sir,
We. (complete address of the unit with postal code) hereby authorise SJVN Ltd. to make
all payments due to us through Real Time Gross Settlement (RTGS) system. The details
of facilitating the payments are given below:

(To Be Filled In Capital Letter)

1. NAME OF THE BENEFICIARY:

2. ADDRESS:

3. TELEPHONE NO. (WITH STD CODE)

4. FAX NO. (WITH STD CODE):

5. BANK PARTICULARS:
a) BANK NAME

b) BANK TELEPHONE NO. (WITH STD CODE):

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2of 3
c) BRANCH ADDRESS (WITH BRANCH CODE):

d) BANK FAX NO. (WITH STD CODE):

e) 9 DIGIT MICR CODE OF THE BANK BRANCH:

(ENCLOSED FOPY OF A CANCELLED CHEQUE)

f) RTGS CODE OF THE BANK:

g) BANK ACCOUNT NUMBER

h) BANK ACCOUNT TYPE (TICK ONE):

SAVIN CURREN LOA CASH CREDIT OTHERS

G T N
IF OTHERS, SPECIFY:

6. PERMANENT ACCOUNT NUMBER

7. E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS:

It is certified that the particulars given above are correct and complete. If the transaction
is delayed or credit is not effected at all for reason of incomplete or incorrect information.
I/we would not hold the company responsible.
SIGNATURE
(NAME AND DESIGNATION)
OFFICICAL STAMP
Date:

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3 of 3

BANK CERTIFICATION:

It is certified that above mentioned beneficiary hold a Bank Account

No……………………… without branch and the Bank particulars mentioned above are
correct.

SIGNATURE
(NAME AND DESIGNATION)
OFFICICAL STAMP

Date:

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ANNEXURE-XV

REGISTRATION DETAILS OF GST OF BIDDERS

Registration details of various locations (called “Additional Place of Business” in

the registration process) of Suppliers / Customers of SJVN Ltd. including the
“Principle Place of Business”

Sr. No. Data Particular Data

1 Supplier / Recipient Code
2 Supplier / Recipient Name
3 Type of Supplier / Recipient (for Registered / Unregistered, Composite /
B2B Suppliers) Foreign / Casual / Consumer
(Strike out which is not applicable)
4 ARN No.
5 Prov. GSTIN / GSTIN (for B2B
Suppliers)
6 Registered address of the
Suppliers under GST along with
State code and PIN code
(for B2B Suppliers)
7 Address of the actual place of
supply/receipt of the contractor as
per contract with SJVN for the
supplier code given above.
(i.e.“Additional Place of
Business”)
8 PAN
9 TAN
10 UID no. in case of Embassy/UN Not Applicable
11 Status of suppliers i.e. whether Not Applicable
SEZ, EOU, DTA, Government,
Local Authority
12 Contact Person
13 E-mail Address
14 Mobile No.
Phone No.
15 HSN / SAC code-wise details of all Contract HSN/SAC BOQ Item of
Supplies / Contracts pending No. Code Contract
settlement as on date.

Disclaimer:
1. It is intimated that SJVN Ltd. shall not be responsible in any manner, whatsoever,
for the failure of suppliers to claim any credit / off-set or any other benefit under

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GST due to non-submission / incorrect or incomplete or late submission of GST

details vide above Annexure. SJVN Ltd. disclaims all liability (Current or future),
penalty, interest etc. under the GST that may arise due to any such bid reason
whatsoever.
2. It is further intimated that the requested data will also be in the interest of all
suppliers for timely settlement of their bills.

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ANNEXURE-XVI

3. Contract Agreement

THIS AGREEMENT is made the ________ day of ________________________, _____,

BETWEEN

(1) ______________________, a corporation incorporated under the laws of

___________ and having its principal place of business at ___________________
(hereinafter called “the Employer”), and (2) ______________________, a corporation
incorporated under the laws of ________________________ and having its principal
place of business at ________________________ (hereinafter called “the Contractor”).

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test,
deliver, install, complete and commission certain Facilities, viz. _________________
(“the Facilities”), and the Contractor has agreed to such engagement upon and subject to
the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1. 1.1 Contract Documents (Reference GC Clause 2)

Contract The following documents shall constitute the Contract
Documents between the Employer and the Contractor, and each shall
be read and construed as an integral part of the Contract:
(a) This Contract Agreement and the Appendices hereto
(b) Letter of acceptance
(c) Letter of Tender and Price Schedules submitted by
the Contractor
(d) Special Conditions of Contract (SCC)
(e) General Conditions
(f) Technical Specification
(g) Drawings
(h) Other completed bidding forms submitted with the Bid
(i) Any other documents forming part of the Employer’s
Requirements
(j) Any other documents shall be added here
1.2 Order of Precedence (Reference GC Clause 2)
In the event of any ambiguity or conflict between the
Contract Documents listed above, the order of precedence
shall be the order in which the Contract Documents are
listed in Article 1.1 (Contract Documents) above.
1.3 Definitions (Reference GC Clause 1)

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Capitalized words and phrases used herein shall have the

same meanings as are ascribed to them in the General
Conditions.
Article 2. 2.1 Contract Price (Reference GC Clause 11)
Contract Price The Employer hereby agrees to pay to the Contractor the
and Terms of Contract Price in consideration of the performance by the
Payment Contractor of its obligations hereunder. The Contract Price
shall be the aggregate of: __________________,
_______________ as specified in Price Schedule No. 5
(Grand Summary), and_______________,
_________________, or such other sums as may be
determined in accordance with the terms and conditions of
the Contract.
2.2 Terms of Payment (Reference GC Clause 12)
The terms and procedures of payment according to which
the Employer will reimburse the Contractor are given in the
Appendix (Terms and Procedures of Payment) hereto.

Article 3. 3.1 Effective Date (Reference GC Clause 1.22)

Effective Date The Effective Date from which the Time for Completion of
the Facilities shall be counted is the date of issuance of
Letter of Acceptance.

Article 4. 4.1 The address of the Employer for notice purposes, pursuant
Communication to GC 4.1 is: ______________________.
s 4.2 The address of the Contractor for notice purposes, pursuant
to GC 4.1 is: ________________________.
Article 5. 5.1 The Appendices listed in the attached List of Appendices
Appendices shall be deemed to form an integral part of this Contract
Agreement.
5.2 Reference in the Contract to any Appendix shall mean the
Appendices attached hereto, and the Contract shall be read
and construed accordingly.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement
to be duly executed by their duly authorized representatives the day and year first above
written.

Signed by, for and on behalf of the Employer

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[Signature]

[Title]

in the presence of

Signed by, for and on behalf of the Contractor

[Signature]

[Title]

in the presence of

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ANNEXURE XVII

FORMAT FOR POWER OF ATTORNEY

(On Non-Judicial Stamp Paper of Appropriate to value)

Know all men by these presents we M/s ………………………………………., a

company organized and existing under the laws of (name of Place)
…………….…………… and having its registered/principal office /place of
business at…………………………………………..………..…… (the “Executant”)
do hereby nominate, constitute, authorize and appoint Mr. […………name of
attorney…………], son of [……………..…] and presently employed with
Executant as ……………..[Insert position of employment] as our true and
lawful attorney (the “Attorney”) to do in our name and on our behalf all or
any of the following acts, deeds and things in connection with carrying out
Electro Mechanical works for Sunni Hydro Electric Power Project
382MW,TENDER SPECIFICATION No : SJVN/CHQ/ECD/Sunni/EMP/24 invited
by SJVN Ltd., having its registered office /principal place of business at SJVN
Corporate Office Complex, Shanan, Shimla-171006 (H.P.) India (the “Client”) that
is to say:

1. To prepare, offer, sign, submit and deliver to the Employer the Executant’s bid for
carrying out Electro Mechanical works for Sunni Hydro Electric Power Project
382MW,TENDER SPECIFICATION No : SJVN/CHQ/ECD/Sunni/EMP/24
including to make, sign, submit, deliver, execute, and accept all documents,
information, applications and other writings necessary for or incidental to the
signing, submission and delivery of the Bid to the Client;
2. To negotiate, enter into, sign and execute, accept and deliver all contracts
undertakings, acceptances and other writings consequent upon acceptance
of the Executant’s Bid and thereafter during the execution of the Contract;
3. Participate in bidders’ and other conferences and provide all information
required by the Client and to furnish/ seek clarifications arising out of or
relating to the work and, at any stage as well as upon award of the contract
consequent to the acceptance of the Executant’s Bid by the Client and
thereafter during the execution of the Contract;
4. To sign, represent and act on behalf of the Executant in respect of all
matters before the Client relating to the Executant to Bid and upon the
acceptance of the Executant’s Bid by the Client including the resultant
contract on such acceptance of the Executant’s Bid (the “Contract
Agreement”) in respect of all matters relating to or arising out of or concerning
the Contract Agreement and to generally deal with the Client on behalf of the
Executant in all matters arising out of or in connection with or relating to or
arising out of the Executant’s Bid, the Contract Agreement in the event of
acceptance of the Executant’s Bid by the Client and thereafter during the execution
of the Contract;

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5. And generally to do any and all other and further acts, deeds and things which are
necessary for or incidental to or deemed appropriate for more effectual exercise
of the powers hereby conferred. AND We, the Executant above named do hereby
agree and undertake to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things lawfully done or caused to be done by our said Attorney
pursuant to and in exercise of the powers hereby conferred and all acts, deeds
and things done or caused to be done by our said Attorney pursuant hereto shall
always be deemed to be the acts, deeds and things done by Executant personally.

IN WITNESS WHEREOF, THIS POWER OF ATTORNEY ON THIS [………] DAY

OF [………………..], [20…..]………………. ……………………………….

1. For M/s ……………….…………….

(The Bidder)
……………………………….
(Signature of the authorized representatives)

Name ……………………………….
Designation …………………………
Seal of the firm ……………………….

WITNESSES
1. …………………………………..
………………………………….
(Name & address)

Signature
…………….
2. …………………………………..
………………………………….
(Name & address)

Signature
…………………

Note:
1.0 To be executed on Non-Judicial Stamp paper of Rs 100.
2.0 To be duly Notarize.

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Annexure-XVIII
Bank Guarantee for Advance Payment

Bank Guarantee No. ________

Date:_____________________

To: [Name and address of Employer]

Dear Sirs,

In consideration of the .... [Employer’s Name] ........ (hereinafter referred to as the „Employer‟
which expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators and assigns) having awarded to M/s ..... [Contractor’s Name] ............
with its Registered/Head Office at ............................. (hereinafter referred to as the „Contractor‟,
which expression shall unless repugnant to the context or meaning thereof, include its successors
administrators, executors and assigns), a Contract by issue of Employer’s Notification of Award
No. ................ dated .................. and the same having been unequivocally accepted by the
contractor, resulting into a Contract bearing No. ................ dated ............... valued at ................
for .................. [Name of Contract] .............. (hereinafter called the „Contract‟) and the Employer
having agreed to make an advance payment to the Contractor for performance of the above
Contract amounting ....................... (in words and figures) as an Advance against Bank Guarantee
to be furnished by the Contractor.
We ............... [Name & Address of the Bank] ........... having its Head Office at ...................
................... (hereinafter referred to as the „Bank‟, which expression shall, unless repugnant to
the context of meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Employer, immediately on demand any or, all monies
payable by the Contractor to the extent of .............. [advance amount] ..................... as aforesaid
at any time upto ................ (@) ........... without any demur, reservation, contest, recourse or
protest and/or without any reference to the Contractor. Any such demand made by the Employer
on the Bank shall be conclusive and binding notwithstanding any difference between the
Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. We agree that the guarantee herein contained shall be irrevocable and shall
continue to be enforceable till the Employer discharges this guarantee.
The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank
under this guarantee, from time to time to vary the advance or to extend the time for performance
of the Contract by the Contractor. The Employer shall have the fullest liberty, without affecting
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 Employer and the Contractor or any other course or remedy or security
available to the Employer. The Bank shall not be released of its obligations under these presents
by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of
them or by reason of any other act or forbearance or other acts of commission or commission on
the part of the Employer or any other indulgence shown by the Employer or by any other matter
or thing whatsoever which under law would, but for this provision have the effect of relieving the
Bank.

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The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
contractor and notwithstanding any security or other guarantee the Employer may have in relation
to the Contractor’s liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is restricted to
...................... [advance amount”] ...................... and it shall remain in force upto and including
................. (@) .............. and shall be extended from time to time for such period (not exceeding
one year), as may be desired by M/s ....... [Contractor’s Name] ...... on whose behalf this
guarantee has been given.

Dated this .................... day of ..................... 2024........ at .................................

WITNESS
................................................ …… ….................................

(Signature) (Signature)

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

(Name) (Name)

................................................ ................................................
(Official Address) (Designation with Bank Stamp)

................................................
Attorney as per Power of Attorney No.
........................
Dated ......................................
Communication address of the Bank
Name of the contact person
Tel. No.
Fax No.
Email:
Notes :

1. (@) This date will be ninety (90) days beyond the date of Completion of the Facilities.
2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank.

3. Advance Bank Guarantee is to be provided by the successful bidder in the form of a bank guarantee
which should be issued by a scheduled or nationalized bank located in the country of Employer and
acceptable to the Employer.

4. The following information should be invariable mentioned on the back side of the Bank Guarantee:
Vendor’s stamp with full details i.e. name of the purchaser in whose favour & purpose for which this
stamp paper has been purchased.

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Annexure-IXX

(On company letterhead)

TO,
(EIC/OIC)
NO CLAIM CERTIFICATE

Sub: Contract Agreement no. ....... Dated……..for……………

We have received the sum of Rs.................... (Rupees…….only) in full and final

settlement of all the payments due to us for……………………..under the above
mentioned contract agreement, between us and SJVN. We hereby unconditionally,
and without any reservation whatsoever, certify that with this payment, we shall have no
claim whatsoever, of any description, on any account, against SJVN, against aforesaid
contract agreement executed by us. We further declare unequivocally, that with this
payment, we have received all the amounts payable to us, and have no dispute of any
description whatsoever, regarding the amounts worked out as payable to us and received
by us, and that we shall continue to be bound by the terms and conditions of the contract
agreement, as regards performance of the contract.

Yours faithfully,

Signatures of contractor or

Officer authorised to sign the contract documents

on behalf of the contractor

(Company stamp)

Date: ……………

Place: …………..

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APPENDICES

Appendix 1 Terms and Procedures of Payment

Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Subcontractors/Sub-Vendors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Documents for Approval or Review
Appendix 8 Functional Guarantees
Appendix 9 Determination of Idling Time cost Claims

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Appendix-1

Terms and Procedures of Payment

In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer
shall pay the Contractor in the following manner and at the following times, on the basis
of the Price Breakdown given in the section of Price Schedules/ billing break up approved
by SJVN. Payments will be made in INR on certification by Project Manager unless
otherwise agreed between the parties. The Contactor may make applications for payment
in respect of part deliveries as work proceeds.
TERMS OF PAYMENT
In addition to the Conditions stipulated under GCC Clause 12, the following terms &
Conditions will apply.

1.0 PAYMENT FOR SUPPLY (Plant & Equipment including Mandatory spare, Tools &
tackles) i.e. PRICE SCHEDULE-1
1.1 ADVANCE PAYMENT:
Ten Percent (10%) of the total Ex-works price as identified in Price schedule as
interest bearing advance (If opted for) within 30 days after submission of following:
(i) Six copies of Contractor's Commercial Invoice.

(ii) A copy of an irrevocable and unconditional Bank Guarantee for the equivalent to
110% value of advance payment valid till 90 days beyond the date of completion
of facilities

(iii) A copy of an irrevocable and unconditional Bank Guarantee for an amount equal
to ten percent (10%) of the Contract price towards Contract Performance Security
initially valid till sixty (60) days after the expiry of defect liability period of the last
equipment covered under the package.

(iv) A copy of an irrevocable and unconditional Bank Guarantee for an amount equal
to Five percent (5%) of the Contract price or portion of work as the case may be
towards additional Contract Performance Security initially valid till sixty (60) days

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after the expiry of defect liability period of the last equipment covered under the
package (in case of Subsidiary co.)

(v) A copy of an irrevocable and unconditional Bank Guarantee for an amount equal
to Five percent (5%) of value of work sublet to him (In case Award is made on
association of Manufacturer) towards additional Contract Performance Security
initially valid till sixty (60) days after the expiry of defect liability period of the last
equipment covered under the package.
(vi) Certificate to the effect that contract agreement has been signed.

The advance shall be interest bearing which shall be based on yearly SBI Marginal
Cost of funds-based Lending Rate (MCLR) plus margin of 200 basis points (to be
compounded annually).

1.2 DESIGN & ENGINEERING (10%):

1.2.1 Three percent (3%) of total Ex-works amount (under Schedule-1) after recovery of
equivalent percentage amount of advance along with interest (if applicable) and on
submission and acceptance of Dimensional Confirmation of Superstructure & General
Layout Drawings, Basic Engineering of EOT Crane (i/c QR as per GTS clause 1.12) and
Placement of PO thereof,
Hydraulic Transient Study Report, Model Testing Procedure Document and on expiry of
6 months reckoned from the effective date and on submission of following:
(i) Six copies of Contractor's Commercial Invoice.

(ii) Certificate from Project Manager for compliance of above requirements.

(iii) A copy of an irrevocable and unconditional Bank Guarantee for the amount
equal to ten percent (10 %) of the Contract price towards Contract Performance
Security initially valid till sixty (60) days after the expiry of defect liability period of
the last equipment covered under the package if not submitted earlier against Sr.
No. 1.1.

(iv) A copy of an irrevocable and unconditional Bank Guarantee for an amount equal
to Five percent (5%) of the Contract price or portion of work as the case may be

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towards additional Contract Performance Security initially valid till sixty (60) days
after the expiry of defect liability period of the last equipment covered under the
package (in case of Subsidiary co.) if not submitted earlier against Sr. No. 1.1.

(v) A copy of an irrevocable and unconditional Bank Guarantee for an amount equal
to Five percent (5%) of value of work sublet to him(In case Award is made on
association of Manufacturer) towards additional Contract Performance Security
initially valid till sixty (60) days after the expiry of defect liability period of the last
equipment covered under the package . if not submitted earlier against Sr. No.
1.1.

(vi) Certificate to the effect that contract agreement has been signed.

1.2.2 Three percent (3%) of total Ex-works amount (under Schedule-1) after recovery
of equivalent percentage amount of advance along with interest (if applicable)
and on submission and acceptance of List of Drawings/Documents including
Categorization as per GTS Clause 1.19.6, Procedure Documents for Type Test,
Routine Test and Test on Similar Equipment as per GTS Clause 1.16, 1.16 A and
1.16 B, Load Data of Turbine and Generator for Civil Design Works, Single Line
Diagrams (Main, LV & MV and DC system), Configuration Diagram of CMS,
Embedment Drawings in Power House and Transformer Hall Area and on expiry
of 8 months reckoned from the effective date and on submission of following:
(i) Six copies of Contractor's Commercial Invoice.

(ii) Certificate from Project Manager for compliance of above requirements.

1.2.3 Two percent (2%) of total Ex-works amount (under Schedule-1) after recovery of
equivalent percentage amount of advance along with interest (if applicable) and
on submission and acceptance of Model Test Report of 73 MW Unit, Transposed
Model Test Report of 17 MW Unit, Basic Engineering of Drainage, Dewatering &
Flood Dewatering and Placement of PO thereof, Equipment Layout drawing
including Civil Work Guide (i.e. Opening/Cut-out/Block out) for Power House and
Transformer Hall (i/c GIS Floor), Process Flow Diagram (PFD) of Cooling Water
System, Fire Fighting System, Heating Ventilation & Air Conditioning, Compress

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Air System and on expiry of 10 months reckoned from the effective date and on
submission of following:
(i) Six copies of Contractor's Commercial Invoice.

(ii) Certificate from Project Manager for compliance of above requirements.

1.2.4 Two percent (2%) of total Ex-works amount (under Schedule-1) after recovery of
equivalent percentage amount of advance along with interest (if applicable) and
on submission and acceptance of Layout Plan & Section drawing of Pot Head Yard
(PHY), Layout drawing of Ventilation Ducting of Power House and Transformer
Hall, Equipment Layout drawing including Civil Work Guide (i.e. Opening/Cut-
out/Block out) for DG set & HVAC Building at PHY, Control Building of TRT, HVAC
Building at MAT and Control Building of Dam, Input i/c embedment drawing of Fire
Fighting and Cooling Water Tanks and on expiry of 12 months reckoned from the
effective date and on submission of following:
(i) Six copies of Contractor's Commercial Invoice.

(ii) Certificate from Project Manager for compliance of above requirements.

1.3 ON SHIPMENT/ DISPATCH
Forty percent (40%) Ex-Works price of each item (as identified in Price Schedule
or in approved Billing Breakup as prepared subsequent to notification of award) and
Fifty percent (50%) of Price adjustment amount (if any), payable proportionately to
the contract price of the items dispatched on presentation of the following
documents and after recovery of equivalent percentage amount of advance along
with interest (if applicable).
i. Six copies of Contractor’s commercial Invoice showing item description, quantity,
unit rate, amount and other requisite details.
ii. Six copies of contractor’s commercial invoice showing detailed calculations for
Price adjustment along with documentary evidence of indices for material, labour
as applicable under the price adjustment formula (Appendix-2) along with
currency adjustment factor as on application date.
iii. Six copies of packing list identifying contents of each package.

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iv. Six copies of Material Despatch Clearance Certificate (MDCC) issued by the
Employer.
v. Six copies of Contractor’s factory inspection report, Test / Compliance
Certificates.
vi. Six copies of Insurance Policy / Certificate.
vii. Six copies of Storage Cum Erection Policy.
viii. Guarantee certificate issued by the contractor.
ix. Certificate to the effect that Payment(s) claimed conform the Terms and
Conditions of the Contract Agreement and that said payment (s) had not been
claimed earlier.
The above documents shall be submitted by the Contractor to the Employer within one
week from date of shipment to enable the Employer to make progressive payment to the
contractor. The Contractor will be responsible for any consequent expenses due to delay
in furnishing the above documentation.
1.4 ON MATERIAL RECEIPT & CERTIFICATION (MRC) AT SITE
Thirty per cent (30%) of Ex-Works price of each item (as identified in Price Schedule
or in approved Billing Breakup as prepared subsequent to notification of award) and
Thirty per cent (30%) of Price adjustment amount (if any), payable proportionately to
the contract price on delivery of items at Sunni Dam Project on presentation of the
following documents and after recovery of equivalent percentage amount of advance
along with interest (if applicable):

(i) Six copies of commercial invoice showing item description, quantity, unit rate,
amount and other requisite details.
(ii) Six copies of contractor’s commercial invoice showing detailed calculations for Price
adjustment along with documentary evidence of indices for material, labour as
applicable under the price adjustment formula along with currency adjustment
factor as on application date.
(iii) Acknowledgement of delivery challan by Employer that the material has arrived at
Project Area.
(iv) Discrepancy report issued by Employer. Payment will be released after making
adjustment of discrepancies only.

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1.5 TESTING, COMMISSIONING & OPERATIONAL ACCEPTANCE (20%)

A) COMPLETION OF FACILITIES
Six per cent (6%) of 1/6th of total Ex-Works amount (under Schedule-1) and corresponding
amount of Price adjustment (if any), on completion of each unit on submission of following
after recovery of equivalent percentage amount of advance along with interest (if
applicable):
(i) Six copies of commercial invoice.
(ii) Six copies of contractor’s commercial invoice showing detailed calculations for Price
adjustment along with documentary evidence of indices for material, labour as
applicable under the price adjustment formula as on application date.
(iii) Completion Certificate for the unit for which payment is claimed as issued by
Employer.
B) SUCCESSFUL COMMISSIONING
Six per cent (6%) of 1/6th of total Ex-Works amount (under Schedule-1) and
corresponding amount of Price adjustment (if any), on successful commissioning of
each unit on submission of following and after recovery of equivalent percentage
amount of advance along with interest (if applicable):
(i) Six copies of commercial invoice.
(ii) Six copies of contractor’s commercial invoice showing detailed calculations for Price
adjustment along with documentary evidence of indices for material, labour as
applicable under the price adjustment formula as on application date.
(iii) Commissioning Certificate for the unit for which payment is claimed as issued by
Employer.
C) OPERATIONAL ACCEPTANCE
Six per cent (6%) of total Ex-Works amount (under Schedule-1) and corresponding
amount of Price adjustment (if any), on operational acceptance and on submission of
following and after recovery of equivalent percentage amount of advance alongwith
interest (if applicable):
(i) Six copies of commercial invoice.

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(ii) Six copies of contractors commercial invoice showing detailed calculations for Price
adjustment along with documentary evidence of indices for material, labour as
applicable under the price adjustment formula as on application date.
(iii) Operational Acceptance Certificate for all the units as issued by Employer.

D) ACCEPTANCE OF AS-BUILT DRAWINGS & OTHER DOCUMENTS

Two per cent (2%) of total Ex-Works amount (under Schedule-1) and corresponding
amount of Price adjustment (if any), after handing over of documents as per
requirement of bid document and on submission of following and after recovery of
equivalent percentage amount of advance along with interest (if applicable):
(i) Six copies of commercial Invoice
(ii) Six copies of contractor’s commercial invoice showing detailed calculations for Price
adjustment along with documentary evidence of indices for material, labour as
applicable under the price adjustment formula as on application date.
(iii) Certificate from the Project Manager to the effect that all the requisite documents
have been received.

1.6 PAYMENT FOR TAXES AND DUTIES

GST or any other tax shall be applicable as per law, in respect of transaction between
Employer and the Contractor and local taxes as applicable for destination site / state
on all items of supply against documentary evidence. This payment shall be released
by Employer directly to the Contractor against invoices to be submitted by the
Contractor.

2.0 PAYMENT OF OTHER SERVICES (loading, inland transportation, insurance,

unloading, storage, preservation etc) i.e. PRICE SCHEDULE -2
2.1 COMPLETION OF SERVICES
Ninety percent (90%) of charges for loading, inland transportation insurance,
unloading, storage, preservation etc. shall be made on receipt of material at project
area on submission of following:
i) Six copies of commercial Invoice.

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ii) Certificate of receipt of safe delivery of items at Sunni Dam site issued by
Employer for which invoice for services payment is raised.

2.2 OPERATIONAL ACCEPTANCE

Ten Percent (10%) of charges for loading, inland transportation for delivery at
site including transit insurance, unloading, storage, preservation etc. shall be
made on Operational Acceptance of all units and submission of commercial
invoices.

3.0 TERMS OF PAYMENT FOR INSTALLATION SERVICES (Erection, Commissioning

& Testing) i.e. PRICE SCHEDULE - 3
3.1 ADVANCE PAYMENT
10% of erection, commissioning and testing price as an interest-bearing advance
(if opted) against irrevocable Bank Guarantee equivalent to 110% of advance
amount valid till 90 days beyond the date of completion of facilities and on
establishment of contractor’s site office at Project Site on submission of following
documents: -
i. Six copies of Contractor's Commercial Invoice.

ii. A copy of an irrevocable Bank Guarantee equivalent to 110% of advance amount

valid till 90 days beyond the date of completion of facilities.

iii. A copy of an irrevocable and unconditional Bank Guarantee for the amount equal
to ten percent (10 %) of the Contract price towards Contract Performance Security
initially valid till sixty (60) days after the expiry of defect liability period of the last
equipment covered under the package if not submitted earlier against Sr. No. 1.1.

iv. A copy of an irrevocable and unconditional Bank Guarantee for an amount equal
to Five percent (5%) of the Contract price or portion of work as the case may be
towards additional Contract Performance Security initially valid till sixty (60) days
after the expiry of defect liability period of the last equipment covered under the
package (in case of Subsidiary co.) if not submitted earlier against Sr. No. 1.1.

v. A copy of an irrevocable and unconditional Bank Guarantee for an amount equal

to Five percent (5%) of value of work sublet to him(In case Award is made on
association of Manufacturer) towards additional Contract Performance Security
initially valid till sixty (60) days after the expiry of defect liability period of the last
equipment covered under the package . if not submitted earlier against Sr. No. 1.1.

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vi. A certificate to the effect that site office has been established and store area has
been developed by the contractor to be issued by the Employer.

The advance shall be interest bearing which shall be based on yearly SBI Marginal
Cost of funds-based Lending Rate (MCLR) plus margin of 200 basis points (to be
compounded monthly).

3.2 COMPLETION OF INSTALLATION SERVICES

Ninety percent (90%) of installation services price (as per billing breakup prepared
and approved by Project Manager) and Ninety percent (90%) of Price adjustment
amount (if any) as progressive payment for each unit on completion of each of
following activities mentioned against each: -
Sr. Activity/Milestone Payable Amount
No. (in %)
1 Erection of EOT Crane in Power House (Service Bay 4
+ Machine Hall)
2 Erection of EOT Crane in Transformer Hall 2
3 Erection of Draft Tube 6*
4 Erection of Spiral Casing 6*
5 Completion of Erection of Drainage, Dewatering and 2
Flood Dewatering System
6 Completion of Stator Winding & Lowering in the 6*
Stator Pit
7 Completion of Rotor Building and Lowering in Stator 6*
Pit
Lowering of Runner i/c installation of Head Cover, 4*
Bottom Cover, Guide Vane, Shaft Seal, Turbine
Guide Bearing
9 Completion of Erection of IPBD & SPBD including its 3*
associated equipment
10 Completion of Erection of Generator Transformer 3*
11 Completion of Erection of 220kV GIS 3*
12 Completion of Erection of 220kV XLPE Cable 3*

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13 Completion of Erection of 220kV Pot Head Yard 2*

14 Completion of Erection of Excitation System, 6*
Governor, Control and Protection
15 Completion of Erection of Fire Fighting System 2*
16 Completion of Erection of LV & MV Cable System 3*
17 Completion of Erection of LV & MV System including 4*
DG Set and Auxiliary Transformers
18 Completion of Erection of DC System 2*
19 Completion of Erection of CAS and CWS 2*
20 Completion of Erection of Illumination System 1*
21 Completion of Erection of PA & Communication, 1*
Security & Surveillance and Elevator,
22 Completion of Erection of HVAC system 1*
23 Boxing up of Unit ready for Commissioning test (all 6*
item in Turbine and General Barrel)
24 HV testing of 220kV GIS and Charging of 220kV 2*
System (i.e. PHY, 220kV XLPE Cable and 220kV
GIS)
25 Commissioning of Unit 10*
Total 90
* Pro-rata payment for each unit to the extent of 1/6th of specified payment amount
in percentage
Note: Sub billing break up of each milestone shall be approved by Project
Manager/EIC
The above payment shall be released on submission of following and after recovery of
equivalent percentage amount of advance along with interest (if applicable):
(i) Six copies of Contractor's Commercial Invoice.
(ii) Six copies of contractor’s commercial invoice showing detailed calculations for
Price adjustment along with documentary evidence of indices for material,
labour as applicable under the price adjustment formula as on application date.
(iii) Completion certificate of respective activity to be issued by Employer.

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3.3 OPERATIONAL ACCEPTANCE

Balance Ten per cent (10%) of erection, commissioning and testing price (as per
billing breakup prepared and approved by Project Manager) and Price adjustment
amount (if any) as progressive payment, on operation acceptance and on
submission of following and after recovery of equivalent percentage amount of
advance along with interest (if applicable):
i) Six copies of Invoice.
ii) Six copies of contractor’s commercial invoice showing detailed calculations for
Price adjustment along with documentary evidence of indices for material, labour
as applicable under the price adjustment formula (Appendix-2) along with currency
adjustment factor as on application date.
iii) Operational acceptance certificate issued by Employer for all the units.
4.0 PAYMENT OF PRICE SCHEDULE – 4 i.e. Type test/Model
Test/Documents/EDMS Software etc
4.1 PAYMENT OF MODEL TEST AND TYPE TEST CHARGES: i.e. PRICE SCHEDULE
– 4A
A) COMPLETION OF TESTS:
90% Type Test Charges and or Model Test Charges shall be paid on successful
completion of each Type Test and / or Model Test as identified in Price Schedule
and on approval of test results by the Employer and on submission of:
(i) Six copies of commercial Invoice.
(ii) Approval of Type Test and / or Model Test report.
B) OPERATIONAL ACCEPTANCE
10% Type Tests charges and /or 10% Model Tests Charges shall be paid on
completion of all Tests, approval of all Tests result and On Operational Acceptance
and on submission of commercial invoice and operational acceptance certificate.

4.2 PAYMENT OF TRAINING CHARGES: i.e. PRICE SCHEDULE – 4B

100% payment shall be paid on successful completion of each training as identified
in Price Schedule on submission of:
(i) Six copies of commercial Invoice.
(ii) Certificate from the Project Manager

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4.3 PAYMENT OF DOCUMENTS: i.e. PRICE SCHEDULE – 4C

100% payment shall be paid on successful submission of Documents on submission
of:
(i) Six copies of commercial Invoice.
(ii) Certificate from the Project Manager iro Operational Acceptance

4.4 PAYMENT OF EDMS SOFTWARE: i.e. PRICE SCHEDULE – 4D

100% payment shall be paid on successful Operation of EDMS Software in Price
Schedule on submission of:
(i) Six copies of commercial Invoice.
(ii) Certificate from the Project Manager i.r.o. successful operation of EDMS.

5.0 PAYMENT FOR GST

GST or any other tax, as applicable shall be paid on production of GST invoice as per
GST rule/ACT.

6.0 MODE OF PAYMENT

6.1 An irrevocable Letter of Credit(LC) with usance period of 45 days (revolving type
amounting to 1/6th of the total Ex-works price (Price Schedule-1) including
corresponding taxes & duties shall be established from a reputed bank within
sixty (60) days from the issuance of contract and providing of all
information/details by supplier required for the establishment of the Letter of
Credit.
The contractor shall provide all information/details required for the establishment
of the Letter of Credit, such as name/address/details of beneficiary's bank, terms
of LC, requirement of partial shipment, documentation as already agreed with the
Employer well in advance. The documentation shall be as per Article 20 B of
UCPDC, UCP 600, ICC or as amended from time to time.

The Letter of Credit shall be established by the Employer in time to enable

payments (except advance) as specified in para 1.0 (Payment for supply) of the

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Appendix-1 and shipments to be made as scheduled. The charges towards

opening of LC shall be borne by the Contractor.

The following conditions shall also be the part of LC terms.

1. The provisions towards Liquidated Damages shall also be part of the LC

terms.
2. Total LC amount/ total withdrawing permissible limit may be enhanced in
case of increase in any taxes and duties and other new levies etc. or
increase in contract price as per terms and conditions of contract.
3. The provision towards statutory deduction and recovery of interest due to
non- submission of CPG as per contract condition shall also be the part of
LC terms
4. A certificate issued by the applicant to the effect that payment(s) claimed
conforms to the terms and conditions of the contract and that the said
payment had not been claimed earlier. The same shall be the part of LC
terms.

6.2 The Employer shall make all payments other than payments made through LC
promptly within forty-five (45) days of submission of an invoice/ claim by
contractor through electronic mode.

6.3 After award, in case bidder wants to opt for payment through electronic mode
the same can be considered after mutual agreement between EIC and Project
Manager without prejudice to contractual provisions.

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Appendix – 2
PRICE ADJUSTMENT

The Contract price shall be subject to price adjustment during performance of the
Contract to reflect changes in the cost of labour and material components in
accordance with the provisions described below:

1. APPLICABILITY: -

(i) The price adjustment provisions shall be applicable separately for price
components relating to Plant & Equipment i.e. Price Schedule -1 and
Installation works i.e. Price Schedule - 3 as per price break-up furnished
by the Contractor in respective Schedules.
(ii) The price adjustment shall be applied only if the resulting increase or
decrease is more than 1% of the contract price as defined in the contract
agreement.

2. EXTENT OF APPLICABILITY: -

(i) Only following components of the Contract Price will be subject to Price
adjustment:

a. 90 (Ninety) % Ex-Works prices for the plant and equipment (If 10

%interest bearing advance is drawn) i.e. Price Schedule-1.

100% (Hundred) % Ex-Works prices for the plant and equipment

minus amount of advance, if drawn i.e. Price Schedule-1.

b. Erection portion of Installation Price Component of Contract Price

i.e. Price Schedule -3.

(ii) The indices for price adjustment shall be well established and nationally
recognized in the country of manufacture. Preferably Government indices
shall be used.

3. PRICE ADJUSTMENT FORMULA: -

The price adjustment formula for the components of the contract price shall be as
stipulated hereinafter.

3.1 EX-FACTORY IN CASE OF PLANT & EQUIPMENT i.e. PRICE SCHEDULE -1:

It is understood that the price component of the equipment or any shipment/

dispatch comprises a fixed portion (designated as ‘F’ and the value of which is
specified hereunder) and variable portion linked with the indices for various
materials and labour (description and co-efficient as enumerated below).

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The amount of price adjustment towards variable /recoverable on each shipment/

dispatch shall be computed as under:

EC1 will be computed as follows:

EC1 = EC0 (F + a A1 + b B1 + c C1 + LbL1 ) - EC0

A0 B0 C0 L0

Where
EC1= Adjustment price component expressed in the currency of the contract
payable to the contractor for each shipment/ dispatch.

EC0= Ex-Works price (as per sr. no. 2 above) for the equipment/materials of the
Contract shipment/dispatch wise.
- The fixed portion of the ex-factory component of the Contract price (F) shall
be 0.15.
- a, b, c, etc. shall be co-efficient of major material/ items involved in the ex-
factory Component of the Contract price. The sum of these co-efficient shall
be between 0.50 to 0.60.
- A, B, C etc. shall be published price indices of corresponding major
materials/ items. Such indices shall necessarily be of the country of origin
of goods.
- “Lb” shall be co-efficient for labour component in the ex-factory component
of the Contract price which shall be between 0.25 to 0.35
- ‘L’ shall be labour index.

Sum of all the material co-efficient and the labour co-efficient shall be 0.85.

Price Adjustment on Ex-factory prices for the plant and equipment shall be subject to
a ceiling of ±30% (thirty percent) of Ex-Works component of the contract price
respectively. The actual payment of escalation at any stage shall not exceed ±30% of
cumulative Ex-Works of plant and equipment already supplied. Any escalation at any
stage exceeding the aforesaid actual payment in either the Contract Price Component
shall be kept to the credit of the contractor and shall be released as and when the
actual payment of escalation falls below ±30% of cumulative Contract Price of plant
and equipment already supplied, as the case may be. Any unadjusted credit shall
however, lapse when the actual cumulative price adjustment payments reach the
ceiling amount of ±30% of Contract Price component of the contract.

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In case of shipments/dispatch which are delayed beyond the scheduled date of

shipment/dispatch for reasons attributable to the Contractor the price adjustment
provision shall not be applicable for the period of time between the scheduled date
of shipment/dispatch and the actual date of shipments/dispatch. For this purpose,
the scheduled date of shipment/dispatch shall be as identified in line with provisions
of Time Schedule of Contract Agreement.

3.2 FOR ERECTION PORTION OF INSTALLATION PRICE COMPONENT OF

THE CONTACT i.e. PRICE SCHEDULE -3:

(a) It is understood that the price component for any erection portion of
installation work comprises a fixed portion and variable portion linked with
the index of labour (description and co-efficient as enumerated).

The monthly price adjustment amount for the erection portion of installation
price component of the Contract Price will be computed to expatriate
supervision/ labour as per the formula given below:

For Indian Rupee portion of the Erection Portion of Installation Price

ER = ER1 - ER0

ER1 will be computed as follows:

ER1 = ER0 (F + LE L1)

L0
Where:
- “F” The fixed component of Erection portion of installation component of
Contract price and shall be 0.15
- ‘LE’ shall be co-efficient for labour component of Erection portion of
installation component of Contract price which shall be 0.85
- ‘L’ shall be labour index.
ER =Adjustment to Erection portion of installation component of contract
price payable to the contractor for each billing.

ER1 =Adjusted amount payable to the Contractor of Erection portion of

Installation component of Contract Price.
ER0 = Value of the Erection work done in the billing period, which shall be
calculated as under:

For the purpose of computing ER0, each erection bill (which is excluding initial
Advance and amount payable on completion of the Facilities and on successful

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completion of guarantee Test) during the Erection period Upto the ‘Completion
of the Facilities’ shall be divided by a factor as indicated below:

{Erection Portion of installation component of the Contract Price - (Initial

Advance amount + Erection Portion of Installation component of the Contract
price payable on completion of the Facilities + Erection Portion of Installation
component of the Contract Price payable on successful completion of
guarantee test)} / Erection Portion of installation component of the Contract
Price.

The payment of price adjustment amount so computed shall be made against a

separate invoice, linking the corresponding invoice for Erection Portion of
Installation payment after retaining the pro-rata amount due on completion of the
Facilities and on Completion of the Guarantee Test. The amounts so retained
shall be paid on completion of the Facilities and on successful completion of
Guarantee Test respectively.

In case the billing period of Erection work falls beyond the time period identified
for Completion of Facilities as per the Contract for the reasons attributable to the
contractor, the price adjustment provisions shall not be applicable for the period
of time between such date identified in the contract for the Completion of Facilities
and actual completion period/date.

4. NON-APPLICABILITY PRICE ADJUSTMENT: -

It is expressly understood that the following components of the contract price shall
not be subject to price adjustment and shall remain firm during the execution of the
contract:
(1) Local Transportation, Inland Transit Insurance (including port clearance &
port charges for plant & equipment and Spare Parts) i.e. Price Schedule-2
(2) Type Test/ Model Test Charges i.e. Price Schedule -4A
(3) Training Charges i.e. Price Schedule -4B
(4) Drawing and Documents i.e. Price Schedule -4C
(5) EDMS Software i.e. Price Schedule -4D

5. SOURCE OF INDICES AND BASE VALUE: -

The source of applicable indices and their base values for the purpose of
computing price adjustment under the contract shall be as under:

A. Mechanical Component

Ex-factory Price Component of the mechanical equipments covered in Chapter -

2,3,4,5,6,23,24, 25, 26 of Technical Specifications (excluding type test charges):

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S. No. Value of Name of Base Date Source of Indices

coefficient Material Indices
1. a= …. Iron and A=…. Whole sales price index number published by office
steel of the Economic Advisor, Ministry of Industry,
Government of India for the month.

2. Lb… Labour L=… All India average consumer price index number for
industrial workers published by Labour Bureau,
Govt. of India.
B. Electrical Component
Ex-factory Price Component of the Electrical equipment covered in Chapter 8, 9, 10, 12,
14, 15, 16, 17, 19, 20, 21, 22, 27, 28 & 29 of technical specifications (excluding type test
charges):
S. No. Value of Name of Material Base Date Source of Indices
coefficient Indices
1. a= …. Iron and steel A=…. Whole sales price index
number published by
office of the Economic
Advisor, Ministry of
Industry, Government of
India for the month.
2. b=….. Copper B=…. Whole sales price index
number published by
office of the Economic
Advisor, Ministry of
Industry, Government of
India for the month.
3. Lb… Labour L=… All India average
consumer price index
number for industrial
workers published by
Labour Bureau, Govt. of
India.

C. Oil Filled Transformer

Ex-factory Price Component for oil filled transformer i.e. GT under Chapter 11 of
Technical Specifications (excluding type tests charges):
S. No. Value of Name of Material Base Date Source of Indices
coefficient Indices
1. a= …. Copper A=….. IEEMA
2. b=….. CRGO steel (ES) B=….. IEEMA
3. c=….. Transformer oil (TB) C=….. IEEMA
4. Lb… Labour L=…. All India average
consumer price index
number for industrial
workers published by
Labour Bureau, Govt. of
India.

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D. Cables (with copper conductor)

Ex-factory Price Component of Power, control, instrumentation cables covered in Chapter
13 & 18 of Technical specifications (excluding type test charges):
S. No. Value of Name of Material Base Date Source of Indices
coefficient Indices**
1. a= …. Basic Metals A=…. IEEMA
2. b=….. Copper B=…. IEEMA
3. c=…. PVC/XLPE compound C=…. IEEMA
(insulation)
4. Lb… Labour L=… All India average
consumer price index
number for industrial
workers published by
Labour Bureau, Govt. of
India.
E. Cables (with Aluminum conductor)
Ex-factory Price Component of Power, control, instrumentation cables covered in Chapter
18 of Technical specifications (excluding type test charges):
S. No. Value of Name of Base Date Indices Source of Indices
coefficient Material
1. a= …. Basic A=….
IEEMA
Metals
2. b=….. Aluminum B=…. IEEMA
3. c=…. PVC/XLPE C=….
compound IEEMA
(insulation)
4. Lb… Labour L=… All India average consumer price index
number for industrial workers published
by Labour Bureau, Govt. of India.
F. Installation price component
S. No. Item Base Date Indices Source
1. Labour L =….. All India average consumer price index number
for industrial workers published by Labour
Bureau, Govt. of India.
The above information shall be filled compulsorily.
-For A, B, C & L
Subscript ‘0’ refers to indices as on 30 days prior to date of bid opening.
Subscript ‘1’refers to indices as of:

(a) Three months prior to the date of shipment/dispatch for labour, and
(b) at the expiry of two third (2/3) period from the date of notification of award to the
date of shipment/dispatch for material. For the purpose of this clause the date of
shipment/dispatch shall mean the contract date of shipment/dispatch or actual date of
shipment/dispatch, whichever is earlier.

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Appendix – 3

INSURANCE REQUIREMENTS

Insurance to be taken out by the Contractor

In accordance with the provisions of GC Clause 34, the Contractor shall at its expenses
take out and maintain in effect, or cause to be taken out and maintained in effect, during
the performance of the Contract, the insurances set forth below in sums and with the
deductions and other conditions specified. The identity of the insurers and the form of
the policies shall be subject to the approval of the Employer, such approval not be
unreasonably withheld.

(a) Cargo Insurance

covering loss or damage occurring, whilst in transit from the Contractor’s or

manufacturer’s works or stores until arrival at the Site, to the Facilities (including
spare parts thereof) and to the Construction Equipment to be provided by the
Contractor or its Subcontractors/Sub-vendor.

Amount Deductible Parties From* To

limits insured
125% of the Ex-works NIL Contractor Warehouse Warehouse +
plus inland insurance and & 60 days.
inland transportation Employer
Price value.
* Cargo Insurance shall start from 30 days before dispatch of 1st consignment and the policy shall be
submitted before start of dispatch of 1st consignment.

(b) Installation/ Erection All Risks Insurance.

Covering physical loss or damage to the Facilities at the Site, occurring till
Commissioning of the Facilities, with extended maintenance coverage for the
Contractor’s liability in respect of any loss or damage occurring during the Defect
Liability Period while the Contract is on the Site for the purpose of performing its
obligations during the Defect Liability Period.

Amount Deductible Parties insured From* To

limits
125% of the NIL Contractor/Sub- Receipt 06 months beyond
(Contract Price) Contractor & at site the scheduled
Employer commissioning
date of project +
with extended
maintenance
coverage for the

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Contractor’s
liability in respect of
any loss or damage
occurring during
the Defect Liability
Period
* Insurance shall start from 30 days before receipt of 1st consignment and the policy shall be submitted
before receipt of 1st consignment at site.

(c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Employer’s
personnel) and loss of or damage to property (including the Employer’s property
and any parts of the Facilities which have been accepted by the employer)
occurring connection with the supply and installation of the Facilities.

Amount Deductible Parties From To

Limits Insured
Rs.0.5 million NIL Contractor / Two months Upto Defect
per person Sub- before the Liability
with Contractor/ Commencement period
aggregate Employer of scheduled date
limit of 12.5 of erection
million per activities.
occasion

(d) All other insurances statutorily mandated are to be taken by the Contractor and its Sub-
contractor.

The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GC Sub-Clause 34.1, except for the Third Party Liability and the
Contractor’s Subcontractors shall be named as co-insureds under all insurance policies
taken out by the Contractor pursuant to GC Sub-Clause 34.1, except for the Cargo and
Employer’s Liability Insurances. All insurer’s rights of subrogation against such co-
insureds for losses or claims arising out of the performance of the Contract shall be
waived under such policies.

Notes:
 Deductible limit under various insurances defined under Appendix-3 shall be as
per IRDAI guidelines.

 In case of delay in scheduled completion of all the facilities, the contractor will
extend the Insurance Cover for (b) and (c) mentioned above.

 The insurance cover should include the provision for SRCC, terrorism with
replacement clause, special replacement clause (air-duty) and deferred
unpacking clause with additional perils of air freight cover, extra charge cover,

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maintenance cover, contractor’s plant and machinery of adequate value and cross
liability.
 Notwithstanding the insurance requirements mentioned above, it would be the
Contractor’s responsibility to take adequate insurance cover as may be pertinent
to protect his interest and interest of the Employer.
 Any loss or damage to the plant and equipment during handing, transportation,
storage, erection, putting the equipment into satisfactory operation and all
activities to be performed till the “Completion of Facilities” shall be to the account
of the contractor. The contractor shall be responsible for preference of all claims
and make good the damages or loss by way of repairs and/or replacement of plant
and equipment damaged or lost. Notwithstanding the extent of insurances cover
and the amount of claim available from the underwriter, the contractor shall be
liable to make good the full replacement/rectification of all the equipment/materials
and to ensure their availability as per project requirement without additional
financial liability to the Employer.
 The insurance should be in INR and insurance policy to be taken should be on
replacement value basis and/or incorporation insurance clause.
 The Contractor shall follow local acts and laws as may be prevalent for insurance.

(e) Insurances to be taken by the Employer

The employer shall at its expense take and maintain in effect during the performance of
the Contract the following insurances.

Amount Deductible Parties From To

limits insured
------------NIL-----------

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Appendix - 4

Time Schedule
The Completion Schedule shall be as follows :-

Time for completion;

[Link] Activity Duration in months from
the effective date of
contract.
1 Unit No. 1 (73 MW) 40.5 month
Unit No. 2 (73 MW) 41 month
Unit No. 3 (73 MW) 41.5 month
Unit No. 4 (73 MW) 42 month
Unit No. 5 (73 MW) 42.5 month
Unit No. 6 (17 MW) 43 month
 The bidder shall include in his proposal his programme for furnishing and
installation of the equipment covered under this package. The programme
shall be in the form of a master network (MNW) and shall identify the various
activities like design, engineering, manufacturing supply, installation, factory
testing, transportation to site, site testing and commissioning and operational
acceptance etc. of the all units. The network shall conform to the above
completion schedule, milestone of Civil schedule available in the bid document
and the duration of EM activities mentioned in the Bid Document. This master
network will be discussed and agreed before Award in line with above,
engineering drawing and data submission schedule shall also be discussed
and finalized before Award. Liquidated damages for delay in successful
Completion at rates specified in Clause 26 of GC shall be applicable beyond
the date specified above.
 The Employer reserves the right to request minor changes in the work
schedule at the time of Award of Contract to the successful Bidder.
 The successful Bidder shall be required to prepare detailed Network(s) and
Project implementation plans & programmes including resource loading (men
material and machine made) in primavera software and finalize the same with
the Employer as per requirement specified in Technical Specifications, which
shall form a part of the Contract.
 The successful bidder shall ensure the availability of all resources, viz. equipment
and manpower as per schedule.

[Link] time for availability of inputs (e.g. Civil fronts, water availability, or any other
input) from employer based on the L2 Schedule of Civil Works and availability of
supplies at Project site by the Bidder be specified in the programme.

2. Please refer L2 Schedule of Civil Works, EM activities schedule and Employer

Requirement of Civil & HM package for EM inputs (Annexure-VIII, IX & X of GTS)
APPENDIX – 5

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List of Sub-Contractor/Sub vendor for bought-out items (BOI)/ bought-out services

(BOS)
As per clause 1.12 of TS, the full details shall be given of the part of the Works to be
executed, and the names and addresses of the Sub-Contractor/Sub vendor (jointly
examined/ evaluated (by Employer and L1 Bidder) agreed and signed during Pre-Award
meeting) to whom the part of the Works is to be sub-contracted by the Bidder. Where
more than one name is given for any part of the Work, the Bidder shall be free to select
any of the named Sub-Contractor/Sub-vendor for that part

a) Supply
Item of Work Sub-Contractor/Sub vendor

b) Services
Item of Work Sub-Contractor/Sub vendor

In accordance with Clause GC 19.1 and clause 1.12.1 (Post-Award stage) of TS, the
Contractor is free to submit proposals for additional Sub-Contractor/sub-vendor for major
BOI/BOS items from time to time. No Sub-Contracts shall be placed with any such
additional Sub-Contractor/Sub-vendor until they have been approved in writing by the
Employer and their names have been added to this list of Approved Sub-Contractor/sub-
vendor.

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APPENDIX –6

SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER

The following personnel, facilities, works and supplies will be provided/supplied by the
Employer:
All personnel, facilities, works and supplies will be provided by the Employer in good time
so as not to delay the performance of the Contractor in accordance with the approved
Time Schedule and Program of Performance pursuance to GC Sub-Clause 18.2. Apart
from below, any other Employer’s responsibilities stated in technical specifications shall
also apply as appropriate.

1. Land:
The land upon which the Facilities are to be installed only shall be provided to the
Contractor for execution EM Package.
It is expressly understood that any additional land required for contractor’s
infrastructure works (labor camp, site office etc.), Storage and construction
facilities (workshop etc.) shall be arranged by contractor at his own cost.
2. Water: -NIL-
It is expressly understood that water supplies, sanitation etc. shall be arranged by
contractor at his own cost.
3. Construction Power: -NIL-
It is expressly understood that construction power requirements shall be arranged
by contractor at his own cost.
4. Personnel:
Operating and Maintenance personnel for supervision during Commissioning shall
be provided as per the provision of contract document.
5. Civil Front
Civil fronts for EM equipment installation shall be provided free from hindrances/
restrictions as far as practicable including their access.
6. Supplies: -NIL-
It is expressly understood that EM package is awarded as Single Responsibility
basis to Contractor and no supplies of any kind shall be provided by employer for
completion of facilities.
7. Water Availability for Commissioning
Employer shall provide Upstream side (Head Race Level) and Downstream side
(Tail Race Level) water as per finalized L-2 schedule.
8. 220kV Grid Supply for Synchronization
Employer shall provide 220kV Grid Supply as per finalized L-2 schedule for
synchronization of Unit (s) and subsequent activity as per provisions of contract
document.

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APPENDIX –7

LIST OF DOCUMENTS FOR REVIEW AND APPROVAL

A Approval

1. Billing breakup of Supplies and Billing Break up of Services

shall be got approved before commencement of supplies or/and
services as per contract provisions. Bidder shall submit the Billing
Break-Up (BBU) 60 days before commencement of supplies/
services.

2. Communication and coordination procedure.

3. Technical and any other documents required as per provisions

of contract document.

Above documents will be approved as per provisions of contract documents

B Review

Documents will be reviewed as per provisions of contract

documents.

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Appendix - 8

FUNCTIONAL GUARANTEES

GUARANTEES, LIQUIDATED DAMAGES FOR NON-PERFORMANCE

The equipment offered shall meet the rating and performances requirements stipulated
in Annexure –A of Technical Specification for various equipment or indicated in Data
requirement. The guaranteed values for different equipment are quoted below:

(A-I) Weighted average efficiency (percentage)

1. Turbine (as per Annexure –A of Technical Specification)

Liquidated Damages shall be levied for short fall @ Rs. 15,00,000/- (Rs. Fifteen lacs) & @
Rs. 3,00,000/- (Rs. Three lacs) per 73 MW Turbine & 17 MW Turbine respectively for each
one hundred of one percent (i.e. 0.01%) of guaranteed value.

2. Hydro generator (as per Annexure –A of Technical Specification).

Liquidated Damages shall be levied for short fall @ Rs. 15,00,000/- (Rs. Fifteen lacs) & @
Rs. 3,00,000/- (Rs. Three lacs) per 73 MW Generator & 17 MW Generator respectively for
each one hundred of one percent (i.e. 0.01%) of guaranteed value.

(A-II) Rated out put ( MW)

1 Turbine (Rated turbine output, as per Annexure –A of Technical Specification)

Liquidated Damages shall be levied for short fall @ Rs. 15,00,000/- (Rs. Fifteen lacs) & @
Rs. 3,00,000/- (Rs. Three lacs) per 73 MW Turbine & 17 MW Turbine respectively for each
one hundred of one percent (i.e. 0.01%) of guaranteed value.

1 Hydro generator (rated output in MW as per Annexure –A of Technical Specification).

Liquidated Damages shall be levied for short fall @ Rs. 15,00,000/- (Rs. Fifteen lacs) & @
Rs. 3,00,000/- (Rs. Three lacs) per 73 MW Generator & 17 MW Generator respectively for
each one hundred of one percent (i.e. 0.01%) of guaranteed value.

(B) Guaranteed losses for Generator Trf. for both type of units (kW)

(as per Annexure –A of Technical Specification )

No Load Losses Load Losses Auxiliary losses

………………….. ………………. …………………..

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(Liquidated Damages shall be levied for short fall @ Rs. 3,50,000 /- (Three lacs fifty thousand) per
kW for total losses (no load losses+load losses+ Auxiliary losses) of guaranteed value.

Note: 1) The amount towards levy of Liquidated Damages due to non-fulfilment of

Functional Guarantees will be limited to a liability of 10% (Ten Percent ) of
contract Value.
2) In order to have consistency throughout the Bid Document, the term of “Weighted
Efficiency” or “Maximum Efficiency” or “Weighted Average Efficiency” to be
considered same as “Weighted Average Efficiency”.

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Appendix-9
Determination of Idling Time cost Claims

The idling time cost claims resulting from extension of Time for Completion under GC
40.1 (c) and (e) shall be determined as under:-

1. Cost of owned/ hired/ leased Equipment

Cost of owned/ hired/ leased equipment will comprise of the following elements:-

i. Depreciation Cost.

Annual Depreciation = 0.9 × Book Value/Life in years.

(Based on life in years)

Depreciation cost= {(Idle period in days/365) × 0.5 × Annual Depreciation}.

However, if the equipment, as considered above, have completed their scheduled

life in years in that case the depreciation shall be considered as zero.
ii. Interest on capital Investment: (Rate of Interest#/100) × Average Annual Cost

The average annual cost is to be determined as follows:-

Average Annual Cost = Book value of Equipment x (n+1)/2n
Where:

 “n” refer for number in years of life of equipment.

 Book value = purchase price plus freight, insurance, all taxes and duties,
port clearance charges, erection and commissioning charges and other
incidental charges.

# the interest rate shall be at the rate of 10% per annum.

2. Cost of Labour
The labour directly engaged for the works at Site by the Contractor or through sub-
contractor, will be reimbursed for idle period in case contractor produces proof that idle
labour has been paid wages during the period of idling. Cost of equipment related labour,
will be worked out as per CWC norms limited to actual whichever is lower.
The above cost will be considered for payment based on the supporting details such as
attendance sheet, receipt of deposit of Employees provident fund duly certified by the
Contractor.

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In addition to actual cost of labour, indirect charges shall be considered. The indirect
charges (other than salary) shall be 55% for skilled and unskilled labour. Indirect charges
shall be applicable on the basic wages. Basic wages means component of wages on
which statutory deductions like Employee Provident Fund is deposited to the statutory
authority.
3. Bank Guarantees and Insurance charges
These charges shall be paid beyond Scheduled completion period on authorized
extension of completion period upon production of documentary evidence. 4.

4. Charges on account of extension of Warranty

The Charges towards extensions of warranty are to be considered for only those
equipments which have been supplied till the scheduled completion period/ extended
completion period. Charges towards extended warranty shall be calculated upto 2.25%
of composite contract price per annum on prorata basis
5. Expenses on additional storage / preservation / transportation / double handling
Against submission of documentary evidence as per actual.
6. Overhead
Overhead costs include but not limited to Office and share of head office expenses,
Legal charges, General establishment, Watch and Ward, Local conveyance, Travelling
expenses, Social welfare, salaries of Managerial and clerical staff etc. and Publicity etc.

2% of Contract price × authorized Time Extension entitling

Overhead = cost claim
Charges Contractual Construction Period

7. The taxes applicable on cost claims

The applicable taxes on the above elements of cost claims shall be reimbursed to the
Contractor as per actual based on documentary evidence.

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Section – VIII (Contract Forms)