BID SPECIFICATION
FOR
THE APPOINTMENT OF PROJECT
MANAGEMENT CONSULTANT FOR PROJECT
MONITORING AND SUPERVISION OF QUALITY OF WORKS
DURING CONSTRUCTION FOR THE PROJECT SANCTION
UNDER
RAJIV GANDHI GRAMEEN VIDYUTIKARAN YOJNA 12TH PLAN
IN DAKSHINANCHAL VIDYUT VITRAN NIGAM LTD.
AGAINST
TENDER SPECIFICATION DVVNL-MM/1165-2013
Office of the
Managing Director
Dakshinanchal Vidyut Vitran Nigam Ltd.,
Urja Bhawan, 220 KV Sub-Station, Bye Pass Road,
Sikandra, Agra-282 007
Ph. # 0562-2605699 Fax # 2605465, 2603736 (MM)
1
CONTENTS
SL.
NO.
SECTION
NO.
PARTICULARS
PAGE
1
A
DETAILS OF PROJECTS FOR WHICH PMC TO
BE APPOINTED
2
2
B
3
C
4
D
5
E
6
F
GENERAL CONDITIONS OF CONTRACT
18-30
7
8
G
H
SPECIAL CONDITIONS OF CONTRACT
BIDDER RESPONSE FORMS
31-32
33-38
9
I
PRICE SCHEDULE (P1)
10
J
11
K
DETAILS OF INDIAN ELECTRICITY RULES
ANNEXURE
INSTRUCTION TO TENDERER
IMPORTANT INFORMATION’S
SCOPE OF SERVICES TO BE PROVIDED BY
PMC
IDENTIFIED MODULES UNDER SCOPE OF
WORK AND THEIR DETAILS
3-9
10
11-15
16-17
39
40-49
50-54
Tender Spec. No. DVVNL-MM/1065-2013
2
(A) DETAILS OF THE PROJECTS
Dakshincanchal Vidyut Vitran Nigam Limited (DVVNL), Agra is implementing RGGVY, 12th
Plan Scheme in various districts of Uttar Pradesh.
The details of the projects sanctioned under Rajeev Gandhi Gramin Vidyutikaran Yojana 12th Plan
Scheme in DVVNL for electrification of Villages/ habitations in various districts are as below:
S.No. Name of Distt.
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2
Agra
Aligarh
Mathura
Hathras
Mainpuri
Firozabad
Etah
Kasganj
Etawah
Aurriaya
Farrukhabad
Kannauj
Kanpur Nagar
Kanpur Dehat
Jhansi
Lalitpur
Jalaun
Hamirpur
Mahoba
Banda
Chitrakoot
Total of
DVVNL
Total no. of
Block
3
15
12
10
7
9
9
8
7
8
7
7
7
10
10
8
6
9
7
4
8
5
No. of Villages/Habitation
Covered in this Scheme.
4
2475
1967
1539
1285
2094
1943
1524
1387
2171
1750
1914
1338
1798
2061
798
1079
1018
578
458
1800
1791
Proposed no. of BPL
consumers
5
48553
49002
50139
52280
49652
59684
52275
27926
30885
49303
52683
36909
44194
71996
29790
33556
47491
30461
17260
68306
25587
Proposed no. of APL
consumers
6
133204
159182
79249
74985
104908
118397
41444
79160
62452
108253
51746
73558
115722
149285
56751
63929
65935
33580
26585
58162
49125
173
32768
927932
1705612
Following are the tentative details of the works to be carried out on turnkey basis along with supply
of material.
S.
No.
1.
2.
Proposed Item of Work
Total Power Transformers Capacity Building
New 33 KV. S/s. Proposed
3.
4.
5.
6.
i.
ii.
iii.
7.
8.
i.
ii.
Augmentation in existing 33 Kv. S/s.
New 33 KV. Line Proposed
New 11 KV. Feeder Proposed
Total DT Capacity Proposed
16 KVA
25 KVA
63 KVA
New 11 KV. Line Proposed
New LT Lines
ABC
Bare
Unit
Total Quantity
MVA
Nos.
MVA
MVA
Kms.
Kms.
KVA.
Nos.
Nos.
Nos.
Kms.
1111
74
410
701
1119.5
3626.1
1642.237
30787
40404
2215
24790.847
Kms.
Kms.
23505.08
0
As project implementing agency (PIA), DVVNL intends to appoint Project Management
Consultant (PMC) for project monitoring and supervision of quality of works during construction
for the above projects under Rajeev Gandhi Gramin Vidyutikaran Yojana 12th Plan.
Tender Spec. No. DVVNL-MM/1065-2013
3
(B) INSTRUCTIONS TO TENDERERS
1.1
1.1.1
PREPARATION OF TENDER
Before submission of the tender, the Tenderers are required to make themselves fully
conversant with the scope of the services to be provided, technical specifications &
construction standards of REC, instruction to Tenderers, Indian Electricity Rule (IER)
and General Conditions of Contract of Form ‘A’, as may be applicable so that no
ambiguity arises at a later date in respect.
1.1.1
Any inconsistence or ambiguity in the offers made by Tenderer shall be interpreted to
the maximum advantage of DVVNL and disadvantage to the Tenderer. The Tenderer
shall have no right to question the interpretation to the Purchaser in all such cases and
the same shall be binding on the tenderer.
1.1.2
The tenderer should be prepared and submitted strictly in accordance with the
instruction contained in these specifications. The tender shall be complete in all
respect. Tender must be submitted in the manner specified on the attached prescribed
Schedule and/or copies thereof. To complete the proposal, the Tenderer must fill in the
tender form, Declaration, all Schedules & datasheet, annexed with the specification,
item in accordance with the instructions and notes supplementary thereto. The
interpolations, insertions, cutting & corrections made in the tender offers should be
duly initialed by the tenderer.
1.1.3
The Tenderers are notified that in case the required information are not furnished in
the specified proforma/schedules attached with the specification, the Purchaser shall
not be responsible for any error in the evaluations of their tender on this account.
Further, the failure to comply with this requirement may result in the rejection of the
tender at the discretion of the Purchaser.
1.1.4
Purchaser may revise or amend these specifications. prior to the date notified for
opening of tenders. Such revision/amendment, if any, will be communicated to all
prospective tenderers as amendment/addendum to the specification maintaining
reasonable time schedule for preparation of tender by the Tenderers.
1.1.5
Any portion of the terms and conditions as laid down in these specification which are
not clear to the Tenderer should be got clarified from the Purchaser before submission
of the tender so that no ambiguity/confusion arises at a later date in this respect.
1.1.6
The tender sent by post must be posted by registered Post with AD sufficiently in
advance so as to reach the Purchaser by the scheduled date and time submission of
tender. Any tender received after the date and time of submission even on account of
Postal delay shall not be opened. The tenderers are, therefore, requested to ensure in
their own interest that the tenders are delivered in time. Tender submitted by
Telegram/Telex/Fax/Email etc. shall not be accepted under any circumstances.
1.1.7
Tenderer, if so desire, may authorize one representative for attending tender opening
on his behalf. In such instance, the representative shall be required to submit the
authorization certificate with his signature duly attested by the person signing tender
on behalf of the Tenderer. This certificate shall be submitted to the authority opening
the tender. In absence of such certificate, no representative shall be allowed to
participate in tender opening.
Tender Spec. No. DVVNL-MM/1065-2013
4
1.2
1.2.1
PRE-QUALIFYING CONDITIONS
The bidder should be a CPSU/Govt. undertaking having experience for the similar
work in distribution power projects.
1.2.2
DATE OF CONSIDERATION
The above cited experience and manufactured quantities shall be counted as on the
date of opening of the tender.
All statements and claims should be duly supported by authenticated copies of
documents without which the tender is liable to be rejected summarily.
1.3.
CONFLICT OF INTEREST
The Consultant and any of its affiliates members hired to provide services for the
proposed assignment in the utility, will not be eligible to work as any of the
empanelled implementation agencies/ consultants in the utility i.e. the Consultant and
affiliates cannot
Directly or through its consortium partners bid as Implementation agency for the work
of developer of RGGVY 12th Plan Projects, in the utility for which they are the
Consultants
Get associated as Consultant / Advisor/ Implementation Agency or in any other
capacity with any of the agencies taking part in the bid process of the concerned
Utility during the implementation of the RGGVY 12th Plan Projects.


The Utility considers a conflict of interest to be a situation in which a party has
interests that could improperly influence that party’s performance of official duties or
responsibilities, contractual obligations, or compliance with applicable laws and
regulations, and that such conflict of interest may contribute to or constitute a
prohibited corrupt practice. This may include but not limited to circumstances leading
to:(a)
(b)
(c)
(d)
(e)
(f)
Conflict between consulting activities and procurement of goods, works or services
(other than consulting services as Consultant under RGGVY 12th Plan Projects.)
A firm that has been engaged by the Utility to provide goods, works, or services (other
than consulting services as consultant under RGGVY 12th Plan Projects.)
for a project, and each of its affiliates, shall be disqualified from providing consulting
services related to those goods, works or services. Conversely, a firm hired to provide
consulting services for the preparation or implementation of a project, and each of its
affiliates, shall be disqualified from subsequently providing goods, works or services
(other than consulting services as consultant under RGGVY 12th Plan Projects.)
resulting from or directly related to the firm’s consulting services for such preparation
or implementation.
Conflict among consulting assignments: Neither consultants (including their personnel
and sub-consultants) nor any of their affiliates shall be hired for any assignment that,
by its nature, may be in conflict with another assignment of the consultants.
Relationship with Utility’s staff: Consultants (including their personnel and subconsultants) that have a business or family relationship with a member of the Utility’s
staff (or of the project implementing agency’s staff ) who are directly or indirectly
involved in any part of: (i) the preparation of the TOR of the contract, (ii) the selection
process for such contract, or (iii) supervision of such contract may not be awarded a
contract, unless the conflict stemming from this relationship has been resolved in a
manner acceptable to the REC throughout the selection process and the execution of
the Contract
Tender Spec. No. DVVNL-MM/1065-2013
5
Consultant for a Utility cannot participate in the bidding process of Implementing
agency by the same Utility. An Consultant and Implementation agency may be
considered to be in a conflict of interest with one or more parties in this process if they
have controlling shareholders in common. Participation by Bidder(s) with a conflict of
interest situation will result in the disqualification for both.
1.5
CONFIDENTIALITY
The Consultant and the personnel of any of them shall not either during the term or
within two (2) years after the expiration of this contract, disclose any proprietary or
confidential information relating to the Project, the Services, this Contract or the
Owner’s business or operations without theprior written consent of the owner. Utility
will ensure confidentiality of the bids submitted.
1.6
E-MAIL ADDRESS
The bidder will have to quote e-mail address of the firm alongwith name and mobile
no. of the key person. Any correspondence done after opening the bid through e-mail
will be valid.
1.7
CURRICULUM VITAE
The bidder will enclose nos. CV’s of the key persons as per format F-6 having
experience of the work as mentioned in Section-D (Scope of Services to be proved by
PMC). The bidder will have to depute their persons, if the work is awarded to them. In
special circumstances, if the person, whom CV has been presented leave the job, the
person with similar experience and suitability will have to be engaged after proper
approval of the Dakshinanchal Vidyut Vitran Nigam Ltd.
1.8
SUBMISSION OF TENDER
1.8.1
The Tenderer shall submit his tender in triplicate in two separate parts. Each part shall
be kept in double covers, inner ones being sealed. All envelops must also show on the
outside the name of bidder and his address.
i)
TENDER BID PART-I
This part shall contain the earnest money and a confirmation of validity of offer for
180 days. This part shall also contain Technical & Commercial particulars and other
Terms & Conditions except prices. The cover of this part shall be super-scribed
Tender Bid Part-I (Earnest Money, Validity, Technical & Commercial Bid) against
Specification No. DVVNL-MM/
-2013.
ii)
TENDER BID PART-II
This part shall contain prices and financial incidence of deviations only and the cover
shall be super-scribed “Tender Bid Part-II (Price Bid)” against specification No.
DVVNL-MM/
-2013. The envelopes of both the parts shall be kept in another
envelope which shall also be sealed and super-scribed on Top as under:
“Tender for …………………………………………… against Specification No.DVVNL-MM/
-2013 due for opening on ……………
iii)
In case tenders are not submitted in Separate parts and super-scribed as above, the
same may not be considered.
Tender Spec. No. DVVNL-MM/1065-2013
6
1.8.2
TENDER BID PART-I (Earnest Money, Validity, Technical & other terms):
1.8.2.1
Tenderer is required to deposit earnest money as specified in the tender notice for full
tendered quantity. Earnest money of inadequate value shall not be accepted. In case
any Tenderer deposits earnest money of a lesser amount, his offer shall not be
considered. There shall be no exemption from earnest money, even if the tenderer is
registered with DGS&D, Store Purchase Section of UP or UP Small Scale Industries.
The earnest money shall be accepted in any of the following forms only.
a)
Demand Draft of any schedule bank payable at Agra, or FDR or CDR pledged/drawn
in favour of Executive Engineer (Admin.), DVVNL, Agra, payable at Agra.
Or
b)
Bank Guarantee from a schedule Bank in India, executed in favour of S.E. (MM),
DVVNL, Agra on a non-judicial stamp, paper of requisite value (at present Rs. 100/as per U.P. Stamps Act STRICTLY on the specified proforma appended (only
applicable when amount of earnest money exceeds Rs. 5000/-). The validity of the
Bank Guarantee would not be less than 270 days form the date of tender opening
proforma of a Bank Guarantee plus claim period of 6 months. Any deviation or
addition/deletion from the text of the specified proforma of a Bank
Guarantee/inadequate Value of stamp paper shall render the Bank Guarantee invalid
for the purpose of opening of tender Bid Part-II.
1.8.2.2
Offers without proper earnest money and/or a letter confirming the validity for 90
days shall not be considered under any circumstances. The earnest money shall be
refunded after award is finalized. The earnest money of successful tenderer shall
however be retained till such time he deposits security.
1.8.2.3
Beside Earnest Money & Validity offer, this Bid shall also contain all Technical,
Commercial and other terms and conditions. The following documents duly filled in,
must also accompany the Tender Bid Part-I.
1.
Tender Form
2.
Certificate as to Corporate principal
3.
Project Experience and Performance Certificate
4.
Company Information
5.
Deviations/ No Deviations Confirmation, Comments & Suggestions
Note: No price is to be indicated in any form in any of the above schedules for any
item in Tender Bid Part-I whatsoever.
1.8.3
TENDER BID PART-II (Prices)
The following documents, duly filed in, must be submitted in Part-II Bid:
Schedule – P1: Summary Bid Price Schedule (enclosed)
1.8.4
Procedure for opening and processing of Tenders
Tender Spec. No. DVVNL-MM/1065-2013
7
Part – I: ‘Earnest Money’, Validity & ‘Technical/Commercial pre-qualifying
conditions of the offer shall be publicly opened first on the due date as
specified/notified. Part-I of the tenders accompanied with the required earnest money
& validity shall be scrutinized and processed in this office to ensure whether the same
are conforming to the technical requirements of the specification.. Tenderers are
specifically requested to ensure that price details should be sent in separate sealed
cover in the same envelope containing technical details otherwise such tenders are
liable to be summarily rejected without assigning any reason. After the Scrutiny of
technical and commercial terms and conditions, the date of opening of the price part
shall be intimated later on.
1.8.5
Any action on the part of the Tenderers to revise the price/prices and/or change the
structure of price(s) at his own instance after the opening of the tender may result in
rejection of the tender and/or debarring the Tenderer from participation in purchase by
the DVVNL one year in the first instance. In such cases, earnest money submitted in
Part-I shall also be forfeited.
1.8.6
Tenderer shall ensure to put initials on each and every page of the tender. Last page of
each document forming part of the tender shall bear full signature under official seal
fully disclosing the name, designation and relationship with the firm to the signatory.
Tenderer shall ensure to furnish the following information.
i)
Postal addressed of the firms works, Regd. and Head offices, Sales office and Local
office etc.
ii)
Names and postal address of their authorized local representative/Liason officers.
1.9
VALIDITY
The tenders shall be valid for a period of 90 Calendar days from the date of opening.
Tenders with lesser validity are liable to be rejected.
1.10
PRICE & PRICE STRUCTURE
1.10.1
The bidder shall quote prices on firm price basis and no price adjustment, whatsoever,
on account of variation applicability of taxes/duties or any other reasons shall be
applicable during the execution of the contract. Any deviation in this regard shall not
be acceptable by the Owner.
1.10.2
TAXES & DUTIES
1.10.2.1
The Bidder shall quote the total price for PMC inclusive of all taxes & duties. The
owner will not be required to pay or reimburse any thing over and above the price
quoted except service tax which will be payable as per the rate prevailing at the time
of payment.
1.10.2.2
As regards the Income Tax, surcharge on Income Tax etc. if applicable and other
corporate taxes, the Bidder shall be responsible for such payment to the concerned
authorities.
1.10.3
PRICE The tenderers are required to quote firm price only. All prices components
shall remain firm during the execution of the contract.
1.11
EVALUATION OF TENDER:
1.11.1
The bid shall be evaluated on the basis of the lumsum price quoted for the complete
scope of work covered in the package.
Tender Spec. No. DVVNL-MM/1065-2013
8
1.11.2
Any rebate/discount Linked with quantity, terms of payment, any other conditions
shall not be considered for the purpose of evaluation and comparison of such offer visà-vis others. However, the same may be availed while placing orders with such
successful Tenderers. Where slab rates are quoted, each slab will be treated as separate
offer.
1.11.3
The price shall be compared inclusive of Service Tax.
1.11.4
Loading on account as may be deemed necessary in the opinion of the purchaser to
bring the various offers at par each for comparison purpose may be done at the
discretion of the purchaser.
1.11.5
SPLITTING OF ORDER
The Purchaser reserves the right to split the order among various successful tenders in
any manner he chose without assigning any reasons whatsoever.
1.11.6
AWARD OF CONTRACT
1.11.7
The purchaser is not bound to accept the lowest or any tender and may reject any or all
the tenders without assigning reason.
1.11.8
The successful Tenderer, if required to do so, may have to enter into a contract
agreement with the Purchaser as per General Conditions of Contract and other
Conditions attached with the tender specification.
1.11.9
For signing the contract a duly authorized representative of the successful Tenderer
shall be intent, failing which it shall be considered that he is not interested in
accepting the offer and actions as deemed fit shall be taken by purchaser without
making any further correspondence with successful Tenderer.
1.12
INCOME AND SALES TAX CLEARANCE CERTIFICATE
The Tenderer shall furnish with the tender, Income Tax, and Sales Tax clearance
certificate to current as well of the preceding year form the competent authority.
Alternatively, Tenderer shall give valid reasons for his inability to finish such a
certificate.
The Purchaser reserves the rights to reject any tender if income tax/sales tax clearance
certificates are not furnished or the reasons for the Tenderer’s inability to furnish such
certificates are not given in the tender.
1.13
LOCAL CONDITIONS
1.13.1
It will be imperative on each Bidder to fully inform himself of all local conditions and
factors which may have any effect on the execution of the Contract covered under
these documents and specifications. The owner shall not entertain any request for
clarifications from the bidders, regarding such local conditions.
1.14
It must be understood and agreed that such factors have properly been investigated
and while submitting the proposals. No claim for financial adjustment to the Contract
awarded under these specifications and documents will be entertained by the Owner.
1.15
BASIS OF EVALUATION
Bids shall be evaluated on the basis of the prices quoted by the bidders for such
tentative quantity indicated in the technical specification. During the execution of the
contract, the contractor shall be paid based on the unit rates quoted for the actual
quantity executed as per the finalized bill of quantities.
Tender Spec. No. DVVNL-MM/1065-2013
9
1.15.1
PRELIMINARY EXAMINATION & CORRECTION OF ARITHMETICAL
ERRORS OF BIDS
1.15.2
The owner will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether required Earnest Money have been
furnished, whether the documents have been properly signed, and whether the bids are
generally in order.
Arithmetical errors will be rectified on the following basis: If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and total price shall be corrected. If there is a
discrepancy between words and figures, the amount in words will prevail. If the
Bidder does not accept the correction of the errors as above, his Bid will be rejected
and the amount of Earnest Money forfeited.
1.16
AWARD CRITERIA
1.16.1
The Owner will award the Contract to the successful Bidder whose bid has been
determined to be substantially responsive and has been determined as the lowest
evaluated bid, provided further that the Bidder is determined to be qualified to
perform the Contract satisfactorily. The Owner shall be the sole judge in this regard.
1.16.2
The Owner reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids at any time prior to award of contract, without thereby
incurring any liability to the affected Bidder or Bidders of the grounds for the Owner’s
action.
1.16.3
CONTRACT PERFORMANCE SECURITY
1.16.4
Within twenty-eight (28) days of the receipt of notification of award from the
purchaser, the successful Bidder shall furnish the Contract Performance Security, in
the form of bank guarantee from a Public Sector Indian Bank/Corporate Guarantee, in
the specified format in favour of the Owner. The guarantee amount shall be equal to
ten percent (10%) of the total Contract price and it shall guarantee the faithful
performance of the Contract in accordance with the terms and conditions specified in
these documents and specifications. The guarantee shall be valid till the end of
completion period plus six months thereafter.
1.16.5
Upon submission of the Contract Performance Security by the Contractor and its
acceptance by the Owner, the earnest money deposit of the Contractor shall be
released to him.
1.16.6
The performance Security will be returned to the contractor without any interest at the
end of completion of contract/warranty period and after obtaining no dues certificate
from the concerned authorities.
*******
Tender Spec. No. DVVNL-MM/1065-2013
10
(C) IMPORTANT INFORMATIONS
S. No.
1.1
1.2
1.3
1.4
1.5
PARTICULARS
INFORMATION
The name of the assignment is :
Appointment of PMC for Project Monitoring and
supervision of Quality of works during construction
under RGGVY 12th Plan in Dakshinanchal Vidyut
Vitran Nigam Ltd in districts as maintained in
section-A (Details of Projects)
Eligibility Criteria
CPSU's having experience of similar work in
Distribution of Power Projects under RGGVY.
The owner will provide the following Sanctioned DPR's along with the list of the
inputs:
villages/majras
The address for submission of Bids:
Superintending Engineer (M.M)
Urja Bhawan, 220 kV S/s,
Bye Pass Road Sikandra, Agra
Ph. No.: 9412748077;
Fax No.: 0562-2603736
E-mail: semmdvvnl@yahoo.co.in
Website: http://www.dvvnl.org
Bid Security/Earnest Money Deposit Earnest money Deposit of Rs. 10.00 Lac shall have to
be submitted in the form of Bank Guarantee/FDR from any
(EMD)
1.6
Issue of corrigendum
1.7
Submission of Bid
scheduled bank/ nationalized bank duly pledged in favour
of Superintending Engineer (MM), DVVNL, Agra or in
the form of Bank Demand Draft drawn in favor of
Executive Engineer (Admin.), DVVNL, Agra payable at
Agra.
Should the Utility deem it necessary to amend the tender
document, it shall do so by uploading the corrigendum on
the website. At any time prior to the deadline for
submission of the tende , the Utility may amend the tender
document by issuing corrigenda. In order to provide
prospective Bidders reasonable time in which to take the
amendment into account in preparing their bids, the Utility
can, at its discretion, extend the last date for the receipt of
tender document.
Sealed bid in two parts Part-I (EMD and confirmation of
validity and Tender document Cost) and Part-II (Price
Bid) with all referred superscriptions i.e. name of the
Package, due date & time, Bidders Name & Address
should be placed in a sealed cover and addressed to :-
Superintending Engineer (MM)
Urja Bhawan, 220 kV S/s,
Bye Pass Road Sikandra, Agra
Ph. No.: 9412748077; Fax No.: 0562-2603736
E-mail: rggvydvvnl@gmail.com, semmdvvnl@yahoo.co.in
Website: http://www.dvvnl.org
1.8
The date and time of submission of 24.12.2013 at 13:00 hrs.
If submission date be the holiday the submission and
Bids
1.9
Bid Opening Date
1.10
1.11
Validity period of offer
Duration of Assignment
opening of the bid proposals shall be the next working day
at the same time.
24.12.2013 at 15:00 hrs.
If submission date be the holiday the submission and
opening of the bid proposals shall be the next working day
at the same time.
90 days from the date of opening of proposal.
Two Years 6 months from awards of contract.
It may be extended by the utility by one year
depending upon the circumstances.
Tender Spec. No. DVVNL-MM/1065-2013
11
(D) SCOPE OF THE SERVICES TO BE PROVIDED BY PMC
Following shall be the scope of work of PMC
1.
Salient features -The salient features of the services to be provided by the PMC in their
assigned task for project monitoring and supervision of quality of works during construction
under the Rajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY 12 th Plan) are given
below: -
1.1
Preparation of Bid Document.
The bid document along with BOQ and BOM shall be prepared by PMC for the complete
district.
1.2
Invitation of Bid (INB)
The PMC will assist in total work of INB upto the finalization for award of contracts to
turnkey bidder.
Feedback
Delivery & erection schedules of material & equipment
Involvement of Panchayati Raj Institutions and Gram Panchayat certification regarding
electrification
1.3
(a)
(b)
Feedback may also be provided by the monitoring team regarding adequacy of other
issues linked to proper implementation of RGGVY 12th Plan programme like: (a) Delivery
schedules of material & equipment and their actual flow to the project areas on time, as well
as, erection schedules of these materials (b) Supply of adequate quality power to the project
areas (c) Involvement of Panchayati Raj Institutions in the process of electrification of
villages and households
3.
PROJECT MONITORING & SUPERVISION
3.1
PMC monitoring teams: The project is to be monitored by a dedicated monitoring team of
the PMC. The verification will be based on the village wise progress reported which will be
provided periodically at the end of each month by the implementing agency i.e. by the
concerned state power utility (DISCOM) to the PMC.
3.2
Monitoring Report of the PMC
The PMC will report the progress & quality of works as per the Monitoring & Inspection
Report Formats cover the following:
1.
2.
3.
Project Parameter
Highlights of major project monitoring observations of the project
Village snap shots of each village visited covering
i.
ii.
iii.
iv.
v.
Physical performance in the village
Workmanship and construction standards
Quality of materials & equipment in the village
Adherence to Indian Electricity Rules
Photographs of deficiencies & defects requiring rectification in the village
Any change in the format can be done depending on the need and guidelines of the project
by Discom/REC/MOP for which no extra payment will be given. Also standards of
material/work mentioned in the reports are indicative. Any change of the same can be done
by the respective Discom
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3.2.1 Based on the report & recommendations of the PMC, all discrepancies and defects noted
in the progress report and in the villages & areas visited by the PMC, shall be rectified and
set right within one month of submission of the report to the turnkey contractor with a copy
to the concerned discom. The DISCOM will then take up the matter with the concerned
turnkey contractor for immediate necessary rectification/ correction..
3.2.2 The PMC team will re-visit those areas/ villages where rectification is required by the
turnkey contractor, within three months of confirmation from the DISCOM that necessary
corrections have been made in the progress report and that turnkey contractor has taken
remedial action and completed defect rectification
The PMC will report on the following aspects, as per the formats: (a)
(b)
(c)
(i)
(ii)
(iii)
If the progress reported by the DISCOM is correct and acceptable. Any discrepancies may
be indicated in their report.
If works have been delayed, the reasons thereof and the remedial measures taken or
proposed to be taken by the implementing/executing agency (turnkey contractor).
Whether the villages, in which work have been completed and reported
electrified, have
been declared electrified as per revised norms of MOP, as per
definition of which:
Basic infrastructure such as Distribution Transformer and Distribution lines are provided in
the inhabited locality as well as the Dalit Basti/ hamlet where it exists.
Electricity is provided to public places like Schools, Panchayat Office, Health Centers,
Dispensaries, Community centers etc. and whether the work that have been completed and
commissioned have been taken-over by the DISCOM and the lines, distribution
transformers and services energized.
The number of households electrified should be at least 10% of the total number of
households in the village.
And if, as per RGGVY 12th Plan norms the following have also been made :
(d)
(e)
(f)
4.0
Whether the works that have been completed and commissioned and taken- over by the
DISCOM.
Whether the necessary electrification certificate has been obtained from the gram panchayat,
in the prescribed format, for declaring the village as electrified. If not obtained; the reasons
for not providing the same and action being taken by the DISCOM and the executing
agency.
Deviations from the scope of the project, if any, in respect of work provisions in the
sanctioned project should also be brought out in respect of quantity/ quality/ratings/
specifications.
RELEASE OF
HOUSEHOLDS.
SERVICES
INCLUDING
ELECTRIFICATION
OF
BPL
4.1
List of BPL households: The State Power Utility is to obtain the authenticated village wise
list of BPL households from the concerned state department & authorities including those at
district, block and panchayat level and provide this list to the executing agency for
providing access to electricity in the project villages and release services to BPL
households.
4.2
Release of services to APL households: The service to be provided to APL households by
the state power utility shall be regular single-phase domestic connections and as per
standardized procedure of the state power utility.
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4.3
Progress of release of services: The release of services especially to BPL services should
be commensurate to the targets fixed in the DPR and construction works completed in the
projects to the extent possible.
5.0
SUPERVISION OF QUALITY OF MATERIAL USED & WORKS EXECUTED
AND CONSTRUCTION STANDARDS ADOPTED
Creation of a healthy rural electrification infrastructure depends primarily on a Wellplanned & designed distribution network for providing quality electricity to rural
Consumers at the proper voltage and with minimum disruption & outages of power in the
system.
5.1
(i)
Documents to be collected by PMC - PMC shall undertakes the supervision and
inspection based on the following field documents to be provided by the implementing
agency:Quality assurance plan agreed upon by the DISCOM and the executing agency (turnkey
contractor)
(ii)
Contract documents/Letter of award & special conditions of the Contract
(iii)
Technical specifications of the turnkey contract, for supply and erection of all equipment
and materials, including the scope of works etc.
(iv)
Sanctioned detailed project report (DPR) for the project district with all revisions/
modifications, as desired by REC, incorporated in the DPR before sanction.
(v)
Relevant drawings/ blue prints, area distribution maps and schematic diagrams.
(vi)
REC Specifications and Construction Standards
(vii) Booklet of the Amendments to REC Specification and Construction Standards
(viii) Indian Electricity Rules (IER)
(ix) RESPO standard and Guaranteed technical particulars ( G.T.P.) of material as approved by
Discom.
Wherever there is difference in turn-key contractor’s ordered work specification and
specification mentioned in PMC scope of work, the decision will be taken by Discom and
will be binding on PMC team.
5.2
SUPERVISION- The supervision & inspection of quality of materials & equipment used
and works executed and construction standards adopted during construction, should be
guided by the relevant portions/ sections of following guidelines and documents, for the
type of works being undertaken as per the turnkey contract:-
(i)
(iii)
The technical specifications, of the turnkey contract, for supply and erection of all
equipment and materials, including the scope of works etc.
RESSPO/REC Specifications & Construction Standards/ IS specifications/ any other
specification approved by Discom.
Indian Electricity Rules (IER)
1.3
THE TECHNICAL SPECIFICATIONS OF THE TURNKEY CONTRACTS
(i)
(ii)
The technical specifications of the contract contain the following:
The scope of works and the details of the scheme
RESSPO Construction standards relating to erection of 11KV & LT lines with reference to
the concerned (a) REC Construction Standard & drawings code Nos. (b) Standards
(ii)
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14
approved by Discom. (c) Indian Electricity rules (IER) (d) Specification Code No. of the
Bureau of Indian Standards (BIS) and (e) details of equipment and materials required for the
purpose of erection of the lines and associated installations as specified by Discom. (f) GTP
approved by Discom.
(iii)
(iv)
(v)
5.4.
Construction standards relating to erection of distribution transformers with similar
references as at (ii) above.
Construction standards relating to release of service connections to below the poverty line
(BPL) households.
Construction standards relating to construction of 33/11 KV substations and erection of 33
KV lines with similar references as at (ii) above.
MATERIALS SPECIFICATIONS & EQUIPMENT SPECIFICATIONS AND BIS
Detection of deviation in specifications of equipment & materials - the scope of the present
services of the PMC involves inspection of equipment and materials at site during field
visits but does not involve inspection at manufacturer’s works/ factory/ laboratory. However
requisite test certificates of all equipment and materials shall be provided by the utility &
the same shall be verified by the PMC w.r.t. MQP/Approved Drawings GTP / data sheets
etc.
The monitoring/supervising team of the PMC should have a fair idea of the specifications of
the materials and equipment to be erected/ installed as per the contract and detection of any
deviation in quality/ ratings/ specifications observed during supervision of works with
respect to RESSPO/REC/IS specifications and which may need to be reported.
6.0
ADHERENCE TO INDIAN ELECTRICITY RULES (IER)
The implementing agency shall adhere to the conditions stipulated in the relevant sections
of Indian Electricity Rules, 1956 (as amended upto November. 2000 and subsequent
amendments if any) in regard to construction, erection and commissioning of electric supply
lines (overhead and underground) as well installations,systems and equipment, apparatus etc
for generation, transmission, supply and use of electrical energy as per the purpose and
objects of the Indian Electricity Act.
7.0
FEEDBACK ON DELIVERY & ERECTION SCHEDULES OF MATERIALS &
EQUIPMENT
7.1
The PMC has also to keep track of the project wise procurement of goods and services and
their delivery and erection schedules respectively. This is an important aspect of monitoring,
as unless there is complete coordination in the schedule for delivery of materials &
equipment commensurate to the erection schedule for construction of HT & LT lines
erection of Power & Distribution Substations and release of services to rural households
particularly BPL families, there is bound to be delay in completion of works and their
energisation and chaos in construction activities.
However, requires visits and discussions at the office of the nodal officers of (a) the state
power utility supervising the concerned district based RGGVY 12th Plan project (b) the
turnkey contractor (c) site stores of the contractor and a feedback on the following aspects is
to be provided by the PMC in their report: -
7.2
Procurement of goods
The following aspects are to be kept in consideration for procurement and delivery of
materials & equipment:
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15
7.2.1 Goods to be procured by the turnkey contractor should be exclusively for the sanctioned
district based RGGVY 12th Plan project (or a package of the project)awarded to the
contractor based on corresponding provisions made in the project/package. However, in
case, if a turnkey package awarded covers more than one project, it should be ensured that
materials & equipment are proportionately split up and made available to each project.
7.2.2
Procurement of all matching materials (in matching quantities) should be done
simultaneously and scheduled to reach the destination stores at the same time, to the extent
possible, so that construction activity is not held up.
7.2.3 Diversion of goods procured for one turnkey contract to another turnkey contract awarded to
the same contractor under RGGVY 12th Plan programme shall not be permitted.
7.2.4 Each store should have a minimum stock of matching materials including service
connection materials for BPL connection, preferably for the next 3 months requirement, at
any point of time, so that construction/ erection work does not suffer.
7.3
Procurement of services
7.3.1 Procurement of services (erection & commissioning works) under the
turnkey contract involves the following processes depending on provisions made in the
DPR:
i. Construction of 11 KV lines
ii. Construction of LT lines
iii. Erection of Distribution Substations (DSS)
iv. Release of Service connections
v. Erection of 33/11 KV Substations
vi. Construction of 33 KV lines
vii. Augmentation of existing 33/11 KV Substations
7.3.2 The turnkey contractor should also indicate the tentative erection schedule for survey &
Pegging, erection of works and installations, commissioning of the same and release of BPL
service connections during the contract period.
8.0
FEEDBACK ON INVOLVEMENT OF PANCHAYATI RAJ INSTITUTIONS &
GRAMPANCHAYATCERTIFICATION REGARDING ELECTRIFICATION.
8.1
As per RGGVY 12th Plan guidelines, PRIs will also issue the requisite certificates under
RGGVY 12th Plan for declaring a village electrified as per the new definition.
8.2
The PMC will also give a feedback on certification by the PRIs.
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(E)-
DENTITIFIED MODULES UNDER SCOPE OF WORK AND THEIR DETAILS
1.
MODULES
Followings have been identified as major modules under the scope of work.
Preparation of bid document for electrification of un-electrified & partially electrified
village/habitation along with REDB (Rural Electricity Distribution Backbone including
BOQ and BOM.
Assistance in INB up to finalization of award.
Project Monitoring :Monitoring of delivery and erection schedule physical verification of
material received/installed, release of services such as BPL connections, adherence to Indian
electrical rules, feedback and generation reports as mentioned in scope of work. Project
Supervision: Supervision of quality as per specification of material and work as mentioned
in scope work.
1.
2.
3.
SCOPE OF WORK OF EACH PARTY
S.
No
1.
Item
Technical
Activity
12th Plan Consultant
(Utility)
A- To provide necessary data
for preparation of tender
document
B- On-line e-tendering process
ABCD-
E-
FGH-
I2.
Material
Procurement
A- Approval of vendor
B- Approval of GTP &
Drawing
C- Pre-dispatch inspection
D- At site inspection
3.
Construction
supervision
A- Approval of work
implementation schedule &
no. of personnel to be
deployed
B- Approval of survey & BOQ
C- 100% supervision of
erection
D- To arrangement shut down
E- Supervision of testing &
commissioning
4.
Bill
measurement
& payment to
contractor
A- 100 measurement work
done
B- Certificate of completion
C- Passing of bills as per norms
D- Payment to the agency as
per norms
Pre-qualifying conditions
Special/General terms & Conditions
Technical Specification
Preparation of Bill of Quantities and
final Tender document including
agreement
To assist in on line tendering process
including tender notification and
receiving the tender
Pre bid conference
To assist in Technical Evaluation
process
Preparation of final comparative
statement and recommendation for bid
accepting authority
To assist in placement of award letter
E- To provide necessary GTP & Drawing
and materials specification based on
the guidelines issued by REC and
MOP
F- Pre-dispatch inspection of material and
onsite inspection on the basis of
approved GTP and specifications
F- To assist the DISCOM in preparation
of monitoring parameters and
implementation scheme
G- Approval of survey submitted after
issue of LOI and approval of final
BOQs
H- Supervision for construction work as
per the agreed monitoring parameters
and submission of exception reports
I- Testing & certifying commissioning of
Projects
E- Random checking of at least 10% of
the work executed
F- To give advice to field engineers in the
matter of admissibility of certain
expenses where clear instructions are
not available in the agreement.
12th Plan
Contractor
To participate in prebid conference
To get approval of GTP
drawing, vendors and
arrange for turnkey
material procurement
100% work supervision
by authorised
supervisor with 100%
safety norms
enforcement
To provide works
measurement timely
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5.
Project
monitoring
A- Planning for smooth and
speedy execution
B- Weekly meeting with
agency for monitoring
A- To assist in report completion
regarding progress of works.
B- Co-ordination without agencies i.e.
REC. MOP or the state Govt.
C- Co- ordination with turnkey
contractors for smooth and timely
work competition
A- To Submit bar
chart for timely
completion
B- Submission of
regular process
reports
C- Attending regular
meeting
NOTE- CONSULTANT PERSONALS REQUIRED AT CORPORATE OFFICE OF DISCOM
1. Project Manager
Qualification: Degree (Electrical/Mechanical) having
sufficient experience with knowledge of computer.
2. Three Graduate Engineer (Quality assurance)
Qualification: Degree (Electrical/Mechanical) having
knowledge of computer
3. Three computer data operator
At corporate office of the Discom to perform
day to day activities as mentioned above.
At corporate office of the Discom for
monitoring of activities of all villages/majras
covered under particular districts and
preparation of reports to perform day to day
activities as mentioned above.
For preparation of reports/compilation and to
perform day to day activity as mentioned
above.
NOTE- CONSULTANT PERSONAL REQUIRED AT EACH DISTRICT/CIRCLE OFFICE
OF DISCOM
1. Project Manager
Qualification: Degree (Electrical/Mechanical) having
sufficient experience with knowledge of computer.
2. Project Supervisor
Qualification: Degree (Electrical/Mechanical) having
knowledge of computer.
3. Inspectors
4. Other Staff
At each district to perform day to day activities
as mentioned above.
At each district for physical monitoring of
activities of all villages/majras covered under
particulars circle.
The no. will depend on the quantum of work
involved in different circles
Necessary staff like engineers, computer
operators, account personals and other clerical
staff as required.
COMPLETION TIME
Sl.
Activity
No.
1. Bidding & Award of contract
Work Completion along with material and work inspection,
2.
inspection of electrical safety, defects removal, energization
3. Closure of DPR
Completion time (months)
3
24
3
Note: The methodology for the scope of services to be provided by PMC is indicative only. Any
changes in the guidelines of REC/MOP shall have to be followed.
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(F)- GENERAL CONDITIONS OF CONTRACT
1.
1.1.
CONTRACT DOCUMENTS
Subject to the order of precedence set forth in the Agreement, all documents forming the
Contract (and all parts thereof) are intended to be correlative, complementary, and mutually
explanatory.
2.
1.2.
CORRUPT PRACTICES
The Purchaser requires bidders, suppliers, and contractors to observe the highest standard
of ethics during the execution of such contracts.
(a)
The following definitions apply:
“corrupt practice” means the offering, giving receiving, or soliciting, directly or
indirectly, of any thing of value to influence the action of any party in the procurement
process or the execution of a contract;
“fraudulent practice” means a misrepresentation or omission of facts in order to
influence a procurement process or the execution of a contract; “collusive practices”
means a scheme or arrangement between two or more bidders, with or without the
knowledge of the Dakshinanchal Vidyut Vitran Nigam Ltd., designed to influence the
action of any party in a procurement process or the execution of a contract;
“coercive practices” mean shaming or threatening to harm, directly or indirectly,
persons, or their property to influence their participation in a procurement process, or
affect the execution of a contract;
(b)
The Purchaser will reject a proposal for award if it determines that the bidder recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for the Contract.
3.
1.3
(a)
INTERPRETATION
In this Contract unless a contrary intention is evident:
the clause headings are for convenient reference only and do not form part of this Contract.
The headings shall not limit, alter or affect the meaning of this Contract;
unless otherwise specified a reference to a clause number is a reference to all of its subclauses;
unless otherwise specified a reference to a clause, sub-clause or section is a reference to a
use, sub-clause or section of this Contract including any amendments or modifications to the
same from time to time;
a word in the singular includes the plural and a word in the plural includes the singular;
a word imparting a gender includes any other gender;
a reference to a person includes a partnership and a body corporate;
a reference to legislation includes legislation repealing, replacing or amending that
legislation;
where a word or phrase is given a particular meaning it includes the appropriate
grammatical forms of that word or phrase which have corresponding meanings;
in the event of an inconsistency between the terms of this Contract and the Bid document
and the proposal, the terms of this contract hereof shall prevail.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
1.4
Entire Agreement
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19
The Contract constitutes the entire agreement between the Purchaser and the Supplier and
upersedes all communications, negotiations and agreements (whether written or oral) of
parties with respect there to made prior to the date of Contract.
1.5
Amendment
No amendment or other variation of the Contract shall be valid unless it is in writing, is
dated, expressly refers to the Contract, and is signed by a duly authorized representative of
each party thereto.
1.6
Non-Waiver
(a) Subject to GCC Clauses 32 and 34 below, no relaxation, forbearance, delay, or
indulgence by either party in enforcing any of the terms and conditions of the Contract or
the granting of time by either party to the other shall prejudice, affect, or restrict the rights
of that party under the Contract, neither shall any waiver by either party of any breach of
Contract operate as waiver of any subsequent or continuing breach of Contract. Any waiver
of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and
signed by an authorized representative of the party granting such waiver, and must specify
the right and the extent to which it is being waived.
1.7
Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the Contract.
4.
1.8
LANGUAGE
The Contract as well as all correspondence and documents relating to the Contract
exchanged by the Consultant and the Purchaser, shall be written in English. Supporting
documents and printed literature that are part of the Contract may be in another language
provided they are accompanied by an accurate translation of the elevant passages in English,
in which case, for purposes of interpretation of the Contract, this translation shall govern.
1.1
The Consultant shall bear all costs of translation to English and all risks of the accuracy of
such translation.
5.
1.10
LOCATION
The Services shall be performed at area / location defined by the Utility, or at such location
required by Utility.
6.
EFFECTIVENESS OF CONTRACT
1.11
This Contract shall come into force and effect on the date (the “Effective Date") of the
tility’s notice to the Consultants confirming that the following conditions have been met:
This Contract has been approved by Utility
Requisite Advance payment Bank Guarantee has been submitted.
a)
b)
7.
1.12
a)
b)
AUTHORIZED REPRESENTATIVES
Any action required or permitted to be taken, and any document required or permitted to be
executed under this Contract, may be taken or executed:
on behalf of the Utility by _____________________ or his
designated representative;
on behalf of the Consultants by ________________ or his
designated representative.
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20
8.
RELATION BETWEEN THE PARTIES
1.13 Nothing contained herein shall be construed as establishing a relation of master and servant
or of agent and principal as between the Utility and the Consultant. The Consultant, subject
to this Contract, has complete charge of Personnel performing the Services and shall be
fully responsible for the Services performed by them or on their behalf hereunder.
9.
1.14
1.15
1.16
NOTICES
Any Notice given by one party to the other pursuant to the Contract shall be in writing to the
address specified in the SCC. The term “in writing” means communicated in written form
with proof of receipt.
Any such notice, request or consent shall be deemed to have been given or made when
delivered in person to an authorized representative of the Party to whom the communication
is addressed, or when sent by registered post, telex, telegram, email or facsimile to such
Party at the following address:
For the Owner:
……………………………………
Attention:
……………………………………
Telegram:
……………………………………
Facsimile:
……………………………………
……………………………………
……………………………………
……………………………………
……………………………………
1.17
For the Consultants:
Attention:
Telegram
Facsimile:
1.18
(a)
(b)
(c)
1.19
Notice will be deemed to be effective as follows:
in the case of personal delivery or registered mail, on delivery;
in the case of telegrams, twenty four(24) hours following confirmed transmission;
in the case of facsimiles, twenty four(24) hours following confirmed transmission
A Party may change its address for notice hereunder by giving the other Party notice of such
change pursuant to this Clause.
10
1.20
GOVERNING LAW
The Contract shall be governed by and interpreted in accordance with the laws of the India.
The Courts in Agra shall have exclusive jurisdiction with respect of the tendering process,
award of Contract and execution of the Contract.
11
1.21
SETTLEMENT OF DISPUTES
The Purchaser and the Supplier shall make every effort to resolve amicably by direct
informal negotiation any disagreement or dispute arising between them under or in
connection with the Contract.
If the parties fail to resolve such a dispute or difference by mutual consultation within
twenty-eight (28) days from the commencement of such consultation, either party may
require that the dispute be referred for resolution to the formal mechanisms specified in the
clause 1.7 of SCC.
1.22
12
1.23
1.24
SCOPE OF WORK
The services to be rendered by Consultant shall be as per scope of work (Given in the
Section D-Scope of Work). At the time of awarding the contract, the Purchaser shall specify
any change in the Scope of Work. Such changes may be due to increase or decrease in the
scope of work at the time of award.
Unless otherwise stipulated in the Contract, the Scope of Work shall include all such items
not specifically mentioned in the Contract but that can be reasonably inferred from the
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21
Contract as being required for attaining Delivery and Completion of Related Services as if
such items were expressly mentioned in the Contract.
13
1.25
COMMENCEMENT OF SERVICES
The Consultant shall begin carrying out the Services immediately viz. from the date of issue
of LoI/Letter of Award (the "Starting Date"), or on such date as the Parties may agree in
writing.
14
1.26
DELIVERY
The Delivery of services and Completion of the Related Services shall be in accordance
with the milestones specified in the Section E, Scope of Work and acceptance of the
services rendered by the Purchaser.
The Consultant, in relation to its deliverables, shall provide any supporting data or
information required by the Utility.
1.27
15
1.28
CONSULTANT RESPONSIBILITIES
The Consultant shall provide the services mentioned in the Scope of Work and the Delivery
and Completion Schedule, as per Section–D- Scope of work
16
1.29
PURCHASER’S RESPONSIBILITIES
For successful completion of the assignment, as and when required by the Consultant, the
Utility shall provide data and support based on availability of the same and without
prejudice. In the event that the appropriate utility is unable to provide the required data or
support for a requirement which the Consultant cannot be reasonably expected to procure on
its own or from alternate sources, the Consultant’s failure to deliver shall not be held against
it.
The Consultant shall bear all costs involved in the performance of its responsibilities, in
accordance with GCC Clause 20.
The CIO or equivalent authority of Dakshinanchal Vidyut Vitran Nigam Ltd. shall act as the
nodal point for implementation of the contract and for issuing necessary instructions,
approvals, commissioning, acceptance certificates, payments etc. to the Consultant.
The CIO or equivalent authority of Dakshinanchal Vidyut Vitran Nigam Ltd shall approve
all such documents within 30 working days.
Purchaser may provide on Supplier’s request, particulars/ information / or documentation
that may be required by the Supplier for proper planning and execution of Scope of Work
under this contract.
Purchaser shall provide to the Supplier sitting space and infrastructure and utilities, in the
Purchaser’s offices at such location as may be mutually decided by the Parties.
1.30
1.31
1.32
1.33
1.34
17
1.35
1.36
18
1.37
1.38
CONTRACT PRICE
The Contract Price shall be as specified in the Agreement subject to any additions and
adjustments thereto, or deductions there from, as may be made pursuant to the Contract.
Prices charged by the Consultant for the service provided under the Contract shall not vary
from the prices quoted by the Consultant in its bid, with the exception of any price
adjustments authorized in the SCC.
TERM OF PAYMENT
The Contract Price shall be paid in the manner specified in the SCC. No invoice for extra
work/change order on account of change order will be submitted by the Supplier unless the
said extra work /change order has been authorized/approved by the Purchaser in writing.
The Consultant’s request for payment shall be made to the Purchaser in writing,
accompanied by invoices describing, as appropriate, Services provided, accompanied by the
documents submitted pursuant to GCC Clause 17. The Consultant shall submit the bills in
triplicate to the concerned utility.
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22
1.39
1.40
Payments shall be made promptly by the Purchaser, not later than sixty (60) days after
submission of an invoice along with supporting documents or request for payment by the
Supplier, and the Purchaser has accepted it. But if the progress is not satisfactory and
according to agreed work program/schedule the payment may be withheld.
The final payment under this Clause shall be made only after satisfactory completion of the
activities mentioned in the Scope of Work.
1.41
If any excess payment has been made by the Purchaser due to difference in quoted price in
proposal and Supplier’s invoice, the purchaser may without prejudice to its rights recover
such amounts by other means after notifying the Supplier or deduct such excess payment
from any payment subsequently falling due to the Consultant
19
1.42
TAXES ANDDUTIES
The Consultant and the personnel shall pay the taxes, duties, fees, levies and other
impositions levied under the existing, amended or enacted laws during life of this contract
and the Utility shall perform such duties in regard to the deduction of such tax as may be
lawfully imposed.
Payment of taxes/duties shall not be made separately in any case.
For goods/services supplied from outside the Purchaser’s country, the Supplier shall be
entirely responsible for all taxes, duties, stamp duties, license fees, and other such levies
imposed outside the Purchaser’s country.
1.43
1.44
20
1.45
1.46
1.47
1.48
21
1.49
1.50
PERFORMANCE SECURITY
The Supplier shall, within fifteen (15) days of the notification of Contract award, provide a
Performance Security for the due performance of the Contract in the amounts and currencies
specified in the SCC.
The Purchaser shall at its sole discretion invoke the Performance Security and appropriate
the amount secured there under, in the event that the Supplier commits any delay or default
in Services rendered or commits any breach of the terms and conditions of the Contract.
The Performance Security shall be denominated in the currencies of the Contract, and shall
be in one of the forms stipulated by the Purchaser in the SCC.
The Performance Security shall be discharged by the Purchaser and returned to the
Consultant not later than twenty-eight (28) days following the date of completion of the
Supplier’s performance obligations under the Contract, unless specified otherwise in the
SCC.
INTELLECTUAL PROPERTY
Purchaser shall own and have a right in perpetuity to use all newly created Intellectual
Property Rights which have been developed solely during execution of this Contract,
including but not limited to all Source code, Object code, records, reports, designs,
application configurations, data and written material, products, specifications, reports,
drawings and other documents which have been newly created and developed by the
Supplier solely during the performance of Related Services and for the purposes of inter-alia
use or sub-license of such Services under this Contract. The Supplier undertakes to disclose
all such Intellectual Property Rights arising in performance of the Related Services to the
Purchaser and execute all such agreements/documents and file all relevant applications,
effect transfers and obtain all permits and approvals that may be necessary in this regard to
effectively transfer and conserve the Intellectual Property Rights of the Purchaser. To the
extent that Intellectual Property Rights are unable by law to so vest, the Supplier assigns
those Intellectual Property Rights to Purchaser on creation.
The Supplier shall be obliged to ensure that all approvals, registrations, licenses, permits and
rights etc. which are inter-alia necessary for use of the goods supplied / installed by the
Supplier (if any), as part of the service obligations under the present contract, shall be
acquired in the name of the Purchaser, and the same may be assigned by the Purchaser to the
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1.51
1.52
Supplier solely for the purpose of execution of any of its obligations under the terms of
this Contract. However, subsequent to the term of this Contract, such approvals,
registrations, licenses, permits and rights etc. shall endure to the exclusive benefit of the
Purchaser.
The Supplier shall ensure that while it uses any software, hardware, processes, document or
material in the course of performing the Services, it does not infringe the Intellectual
Property Rights of any person and the Supplier shall keep the Purchaser indemnified against
all costs, expenses and liabilities howsoever, arising out any illegal or unauthorized use
(piracy) or in connection with any claim or proceedings relating to any breach or violation
of any
permission/license terms or infringement of any Intellectual Property
Rights by
the Supplier or its personnel during the course of performance of the Related Services. In
case of any infringement by
the Supplier, the Supplier shall have sole control of the
defense and
all related settlement negotiations
Subject to sub-clauses 1.55 to 1.57, the Supplier shall retain exclusive ownership of all
methods, concepts, algorithms, trade secrets, documentation, other intellectual property or
other information belonging to the Supplier that existed before the effective date of the
contract.
22
1.53
CONFIDENTIAL INFORMATION
The Consultant/Consortium and the personnel of any of them shall not either during the
term or within two (2) years after the expiration of this contract, disclose any proprietary or
confidential information relating to the Project, the Services, this Contract or the Owner’s
business or operations without the prior written consent of the owner.
1.54
The Purchaser shall not use such documents, data, and other information received from the
Supplier for any purposes unrelated to the Contract. Similarly, the Supplier shall not use
such documents, data, and other information received from the Purchaser for any purpose
other than the design, procurement, or other work and services required for the performance
of the Contract.
1.55
a.
The obligation of a party under this clause, however, shall not apply to information that:
the Purchaser or Consultant need to share with the institutions participating in the financing
of the Contract;
now or hereafter enters the public domain through no fault of that party;
can be proven to have been possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party; or
Otherwise lawfully becomes available to that party from a third party that has no obligation
of confidentiality.
The above provisions of GCC Clause 25 shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract in
respect of the Supply or any part thereof.
The provisions of GCC Clause 25 shall survive completion or termination, for whatever
reason, of the Contract.
b.
c.
d.
1.56
1.57
23
1.58
SUB CONTRACTING
The Consultant shall not be permitted to sub-contract any part of its obligations under the
Contract with the utilities.
24
1.59
SERVICE QUALITY
The Purchaser may reject any Service rendered or any part thereof that fail to conform to the
specifications. The Supplier shall take measures necessary to meet the specifications at no
cost to the Purchaser.
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25
1.60
LIQUIDATED DAMAGES AND PENALTY
Except as provided under GCC Clause 32, if the Supplier fails to perform any or all of the
Services within the period specified in the Contract, the Purchaser may without prejudice to
all its other remedies under the Contract, deduct from the Contract Price, as liquidated
damages, a sum equivalent to 0.5% of the value of the Services, supplied beyond stipulated
delivery schedule for each week or part thereof of delay until actual performance, subject to
a maximum of 10% of value of such services.
26
1.61
LIQUIDITY/INDEMNITY
The Supplier hereby agrees to indemnify the Purchaser, for all conditions and situations
mentioned in this clause, in a form and manner acceptable to the Purchaser. The supplier
agrees to indemnify the Purchaser and its officers, servants, agents(“Purchaser Indemnified
Persons”) from and against any costs, loss, damages, expense, claims including those from
third parties or liabilities of any kind howsoever suffered, arising or incurred inter alia
during and after the Contract period out of:
any negligence or wrongful act or omission by the Supplier or its agents or employees or
any third party associated with Supplier in connection with or incidental to this Contract; or
any infringement of patent, trademark/copyright or industrial designrights arising from the
use of the supplied Goods and Services or any part thereof.
a)
b)
1.62
1.63
The Supplier shall also indemnify the Purchaser against any privilege,
claim or assertion
made by third party with respect to right or interest in, ownership, mortgage or disposal of
any asset, property, movable or immovable as mentioned in any Intellectual Property
Rights, licenses and permits
Without limiting the generality of the provisions of this article 1.67 and 1.68, the Supplier
shall fully indemnify, hold harmless and defend the Purchaser Indemnified Persons from
and against any and all suits, proceedings, actions, claims, demands, liabilities and damages
which the Purchaser Indemnified Persons may hereafter suffer, or pay by reason of any
demands, claims, suits or proceedings arising out of 28 claims of infringement of any
domestic or foreign patent rights, copyrights or other intellectual property, proprietary or
confidentiality rights with respect to any Goods, Services, information, design or process
supplied or used by the Supplier in performing the Supplier’s obligations or in any way
incorporated in or related to the Project. If in any such suit, action, claim or proceedings, a
temporary restraint order or preliminary injunction is granted, the Supplier shall make every
reasonable effort, by giving a satisfactory bond or otherwise, to secure the suspension of the
injunction or restraint order. If, in any such suit, action, claim or proceedings, the Goods or
Services, or any part thereof or comprised therein, is held to constitute an infringement and
its use is permanently enjoined, the Supplier shall promptly make every reasonable effort to
secure for the Purchaser a license, at no cost to the Purchaser, authorizing continued use of
the infringing work. If the Supplier is unable to secure such license within a reasonable
time, the Supplier shall, at its own expense, and without impairing the specifications and
standards, either replace the affected work, or part, or process thereof with non-infringing
work or part or process, or modify the same so that it becomes non-infringing.
Survival on Termination
The provisions of this Clause 29 shall survive Termination.
1.64
Defense of Claims: If any proceedings are brought or any claim is made against the
Purchaser arising out of the matters referred to in GCC Sub-Clause 1.67, 1.68, or 1.69 the
Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own
expense and in the Purchaser’s name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.
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1.65
1.66
27
1.67
(a)
(b)
If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt of
such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall
be free to conduct the same on its own behalf.
The Purchaser shall, at the Supplier’s request, afford all available assistance to the Supplier
in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all
reasonable expenses incurred in so doing.
LIMITATION OF LIABILITY
Except in cases of gross negligence or willful misconduct:
neither party shall be liable to the other party for any indirect or consequential loss or
damage, loss of use, loss of production, or loss of profits or interest costs, provided that this
exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the
Purchaser; and
the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort,
or otherwise, shall not exceed the amount specified in the Contract Price. Provided that this
limitation shall not apply to the cost of repairing or replacing defective equipment, or to any
obligation of the Supplier to indemnify the Purchaser with respect to patent infringement .
28
1.68
CHANGE IN LAWS AND REGULATIONS
Unless otherwise specified in the Contract, if after the date of the Invitation for Bids, any
law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated,
abrogated, or changed in the place of the Purchaser’s country where the Site / area of work
is located (which shall be deemed to include any change in interpretation or application by
the competent authorities) that subsequently affects the Delivery Date, then such Delivery
Date shall be correspondingly increased or decreased, to the extent that the Supplier has
thereby been affected in the performance of any of its obligations under the
29
1.69
FORCE MAJEURE
For the purposes of this Contract, "Force Majeure" means an event which is beyond the
reasonable control of a Party, and which makes a Party's performance of its obligations
hereunder impossible or so impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial action are within the
power of the Party invoking Force Majeure to prevent), confiscation or any other action by
government agencies.
Force Majeure shall not include:
Any event which is caused by the negligence or intentional action
of a Party or such
Party’s Sub-consultants or agents or employees, nor
Any event which a diligent Party could reasonably have been expected to both (i) take into
account at the time of the conclusion of this Contract, and (ii) avoid or overcome in the
carrying out of its obligations hereunder.
The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be
a breach of, or default under, this Contract in so far as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying
out the terms and conditions of this Contract.
A Party affected by an event of Force Majeure shall take all reasonable measures to remove
such Party's inability to fulfill its obligations hereunder with a minimum of delay.
A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any event not later than fourteen (14) days following the occurrence
of such event, providing evidence of the nature and cause of such event, and shall similarly
give notice of the restoration of normal conditions as soon as possible.
1.70
a)
b)
1.71
1.72
1.73
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1.74
1.75
1.76
The Parties shall take all reasonable measures to minimize the consequences of any event
of Force Majeure.
The decision of the Purchaser with regard to the occurrence, continuation, period or extent
of Force Majeure shall be final and binding on the Supplier.
Any period within which a Party shall, pursuant to this Contract, complete any action or
task, shall be extended for a period equal to time during which such Party was unable to
perform such action as a result of Force Majeure.
1.77
Not later than thirty (30) days after the Consultant, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the Parties shall
consult with each other with a view to agreeing on appropriate measures to be taken in the
circumstances.
30
1.78
CHANGE ORDCERS AND CONTRACT AMENDMENTS
The purchaser may at any time order the Consultant though Notice in accordance GCC
Clause 12, to make changes within the terms and conditions of this Contract, including any
modification of the scope of the Services.
If any such Change Order causes an increase or decrease in the cost of, or the time required
for, the Supplier’s performance of any provisions under the Contract, an equitable
adjustment shall be made in the Contract Price or in the Delivery and Completion Schedule,
or both, and the Contract shall accordingly be amended. Any claims by the Consultant for
adjustment under this Clause must be asserted within twenty-eight (28) days from the date
of the Supplier’s receipt of thePurchaser’s Change Order.
No variation or modification of the terms of the contract shall be made except by written
amendment signed by the parties.
1.79
1.80
31
1.81
1.82
EXTENSIONS OF TIME
If at any time during performance of the Contract, the Supplier should encounter conditions
impeding timely completion of Services pursuant to GCC Section-IV, the Supplier shall
promptly notify the Purchaser in writing of the delay, its likely duration, and its cause. As
soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the
situation and may at its discretion extend the Supplier’s time for performance, in which case
the extension shall be ratified by the parties by amendment of the Contract.
Except in case of Force Majeure, as provided under GCC Clause 32 or where the delay in
delivery of the Goods or completion of Services is caused due to any delay or default of the
Purchaser, any extension granted under clause 34 shall not absolve the Supplier from its
liability to the pay of liquidated damages pursuant to GCC Clause 28.
32
1.83
SUSPENSION
The Utility may, by written notice of suspension to the Consultants, suspend all payments to
the Consultants hereunder if the Consultants fail to perform any of their obligations under
this Contract, including the carrying out of the Services as per schedule, provided that such
notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the
Consultants to remedy such failure within a period not exceeding Seven (7) days after
receipt by the Consultants of such notice of suspension and shall invoke contract
performance guarantee.
33
1.84
(a)
TERMINATION
Termination of Contract for Failure to Become Effective
If this Contract has not become effective within seven (7) days of the date hereof, either
Party may, by not less than two weeks (2) weeks' written notice to the other Party, declare
this Contract to be null and void, and in the event of such a declaration by either Party,
neither Party shall have any claim against the other Party with
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1.85
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(b)
Termination for Default
The Purchaser may, without prejudice to any to remedy or rectify the same within the period
of two weeks other remedy for breach of Contract, by Notice of default sent to the
Consultant terminate the Contract in whole or in part:
if the Consultant fails to provide acceptable quality of Services within the period specified
in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC
Clause 34; or
if the Consultant, in the judgment of the Purchaser has engaged in corrupt, fraudulent,
collusive, or coercive practices, as defined in GCC Clause 2, in competing for or in
executing the Contract; or
Any representation made by the bidder in the proposal is to be false or misleading
if the Consultant commits any breach of the Contract and fails (or such longer period as the
Purchaser in its absolute discretion decide) provided in a notice in this behalf from the
Purchaser.
If the Consultant fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause 1.7 of SCC.
If, as the result of Force Majeure, the Consultant is unable to perform a material portion of
the Services for a period of not
less than sixty (60) days.
If the Consultant has been De-empanelled by the Nodal agency due to misconduct etc.
In the event the Utility terminates the Contract in whole or in part, pursuant to GCC
Clause36, the Utility may procure, upon such terms and in such manner as it deems
appropriate, Goods or
Services similar to those undelivered or not performed, and the Consultant shall be liable to
the Utility for any additional costs for such similar Goods or Services. However, the
Supplier shall
continue performance of the Contract to the extent not terminated.
1.86
Termination For Insolvency
The Purchaser may at any time terminate the Contract by giving Notice to the Consultant if
the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be
without compensation to the Consultant, provided that such termination will not prejudice or
affect any right of action or remedy that has accrued or will accrue thereafter to the
Purchaser.
1.87
Termination For Convenience
The Purchaser, by Notice sent to the Consultant, may terminate the Contract, in whole or in
part, at any time for its convenience. The Notice of termination shall specify that
termination is for the Purchaser’s convenience, the extent to which performance of the
Consultant under the contract is terminated, and the date upon which such termination.
(a)
1.88
(a)
(b)
(c)
(i)
Consequences of Termination
Upon Termination of the Contract, the Consultant shall:
Prepare and present a detailed exit plan within five calendar days of termination notice
receipt to the CIO or equivalent authority of Dakshinanchal Vidyut Vitran Nigam Ltd.
(“Exit Plan”).
The CIO or equivalent authority and along with designated team will review the Exit plan. If
approved, Supplier shall start working on the same immediately. If the plan is rejected,
Consultant shall prepare alternate plan within two calendar days. If the second plan is also
rejected, CIO or equivalent authority will provide a plan for Supplier and it should be
adhered by in totality.
The Exit Plan should cover at least the following:Execute all documents that may be necessary to effectively transfer the ownership and title,
including OEM warranties in respect of all leased equipment;
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(ii)
(iii)
(d)
34.
1.89
a)
b)
c)
Handover all developed codes, related documentation and other Configurable Items, if
any in his possession;
Handover the list of all Assets, passwords at all locations to the Purchaser.
The supplier and CIO or equivalent authority will sign a completion certificate at the end of
successful completion (all points tracked to closure) of the Exit Plan.
CESSATION OF RIGHT AND OBLIGATIONS
Upon termination of this Contract pursuant to Clause 36 hereof, or Rightsand upon
expiration of this Contract pursuant to Clause 49 hereof, all Obligations rights and
obligations of the Parties hereunder shall cease, except
Such rights and obligations as may have accrued on the date of termination or expiration,
The obligation of confidentiality set forth in Clause 25 hereof,
Any right which a Party may have under the Applicable Law.
35.
1.90
CESSATION OF SERVICES
Upon termination of this Contract by notice to pursuant to Clause 36 Services thereof, the
Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary
steps as provided in Clause 36 hereof, to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep expenditures for this
purpose to a minimum.
36.
1.91
PAYMENT UPON TERMINATION
Upon termination of this Contract pursuant to Clause 36 hereof, the Termination Utility
shall make the following payments to the Consultant:
Remuneration pursuant to Clause 1.9 of SCC for Services satisfactorily performed prior to
the effective date of termination;
Reimbursable expenditures pursuant to Clause 1.9 of SCC for expenditures actually incurred
prior to the ffective date of termination; and
Except in the case of termination pursuant failure to perform, insolvency of the Consultant,
deliberate false submission by the Consultant or for failure to comply with the final decision
of an arbitration process, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract.
a)
c)
c)
37
1.92
ASSIGNMENT
The Consultant shall not assign to any other party, in whole or in part, their obligations
under this Contract.
38.
1.93
DISCLAIMER
Purchaser reserves the right to share, with any consultant of its choosing, any resultant
Proposals in order to secure expert opinion.
Purchaser reserves the right to accept or reject any proposal deemed to be in the best interest
of the Discom.
1.94
39.
1.95
1.96
PUBLIC DISCLOSURE
All materials provided to the Purchaser by bidder are subject to Country and U.P. public
disclosure laws such as RTI etc.
The Vendor’s Team shall not make or permit to be made a public announcement or media
release about any aspect of this Contract unless the Purchaser first gives the Vendor its
written consent.
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40.
1.97
1.98
1.99
ADHERENCE TO SAFETY PROCEDURES, RULES REGULATIONS AND
RESTRICTION
Consultant shall comply with the provision of all laws including labour laws, rules,
regulations and notifications issued there under from time to time. All safety and labour
laws enforced by statutory
agencies and by Purchaser shall be applicable in the performance of this Contract and
Vendor’s Team shall abide by these laws.
The Consultant shall take all measures necessary or proper to protect the personnel, work
and facilities and shall observe all reasonable safety rules and instructions. Supplier’s Team
shall adhere to all
security requirement/regulations of the Purchaser during the execution of the work.
Purchaser’s employee also shall comply with safety procedures/policy.
The Supplier shall report as soon as possible any evidence, which may indicate or is likely
to lead to an abnormal or dangerous situation and shall take all necessary emergency control
steps to avoid such
abnormal situations. 1.100 The Purchaser will be indemnified for all the situations
mentioned in
this clause in the similar way as defined in GCC clause 29.
41.
REMOVAL AND/OR REPLACEMENT OF PERSONNEL
1.101 Except as the appropriate Utility may otherwise agree, no changes shall be made in the
Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes
necessary to replace any of the Personnel, the Consultants shall forthwith provide as a
replacement a person of equivalent or better qualifications.
(b)
If the Utility:
a)
Finds that any of the Personnel has committed serious misconduct or has been charged with
having committed a criminal action, or
b)
Has reasonable cause to be dissatisfied with the performance of any of the Personnel, then
the Consultant shall, at the Utility’s written request specifying the grounds therefore,
forthwith provide as a replacement a person with qualifications and experience acceptable to
the Utility.
c)
Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of
remuneration applicable to such person as well as any reimbursable expenditure (including
expenditures
due to the number of eligible dependents) the Consultant may wish to claim as a result of
such replacement, shall be subject to the prior written approval by the Utility. Except as the
Utility may
Otherwise agree,
1.102 The Consultant shall bear all additional travel and other costs arising out of or incidental to
any removal and/or replacement, and
1.103 The remuneration to be paid for any of the Personnel provided as a replacement shall not
exceed the remuneration which would have been payable to the Personnel replaced.
42.
FAIRNESS AND GOOD FAITH
1.104 The Parties undertake to act in good faith with respect to each other's rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives of
this Contract.
1.105 Operation of the Contract: The Parties recognize that it is impractical in this Contract to
provide for every contingency which may arise during the life of the Contract, and the
Parties hereby agree that it is their intention that this Contract shall operate fairly as between
them, and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties will
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use their best efforts to agree on such action as may be necessary to remove the cause or
causes of such unfairness, but no failure to agree on any action pursuant to this
Clause shall give rise to a dispute subject to arbitration in accordance with Clause 14 hereof.
43.
INSURANCE
1.106 The Consultant shall take and maintain at their own cost, insurance coverage against the
risks of their personnel and properties relating to this assignment.
44.
CONFLICT OF INTEREST
1.107 The Process Consultant shall not engage, and shall cause their Personnel not to engage,
either directly or indirectly, in any business or professional activities which would conflict
with the activities assigned to them under this Contract.
1.108 The Consultant and any of its affiliates/consortium members hired to provide services for
the proposed assignment in a particular utility, will not be eligible to work as any of the
empanelled implementation
agencies/ consultants in that specific utility. i.e. the Consultant and affiliates cannot
a)
Directly or through its consortium partners bid as Implementation agency for RGGVY 12th
Plan., in the specific utility for which they are the Consultants
b)
Get associated as Consultant / Advisor/ Implementation Agency or in any other capacity
with any of the agencies taking part in the bid process of the concerned Utility during the
implementation of
the RGGVY 12th Plan.
1.109 The Utility considers a conflict of interest to be a situation in which a party has interests that
could improperly influence that party’s performance of official duties or responsibilities,
contractual bligations, or compliance with applicable laws and regulations, and that such
conflict of interest may contribute to or constitute a prohibited corrupt practice.
1.110 Consultant for a Utility cannot participate in the bidding process of Implementing agency
by the same Utility.
1.111 For any given utility, the Consultant and the Implementation agency cannot be the same. An
Consultant and Implementation agency may be considered to be in a conflict of interest with
one or more parties in
this process if they have controlling shareholders in common.
1.112 If the Consultant is found to be involved in a conflict of interest situation with regard to the
present assignment, the Utility may choose to terminate this contract as per Clause 36 of
GCC.
45.
STANDARD OF PERFORMANCE
1.113 The Consultant shall perform the Services and carry out their obligations hereunder with all
due diligence, efficiency and economy, in accordance with generally accepted techniques
and practices used
with professional engineering and consulting standards recognized by professional bodies,
and shall observe sound management, and technical and engineering practices, and employ
appropriate advanced
technology and safe and effective equipment, machinery, materials and methods. The
Consultants shall always act, in respect of any matter relating to this Contract or to the
Services, as faithful advisers to the
Owner.
46.
EXPIRATION OF CONTRACT
1.114 Unless terminated earlier pursuant to Clause 36 hereof, this Contract shall terminate when,
pursuant to the provisions hereof, the Services have been completed and the payments of
remuneration and reimbursable expenditures have been made.
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(G) SPECIAL CONDITIONS OF CONTRACT
1.0
The following Special Conditions of Contract (SCC) shall supplement the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall
prevail over those in the GCC.
1.2
1.3
1.4
The Purchaser’s country is: India
The Purchaser is: Dakshinanchal Vidyut Vitran Nigam Ltd. in which work is to be done
The web-site is: www.dvvnl.org The eligible bidders should visit the website from time to
time and get the status updates. All details uploaded on the website from time to time shall
be deemed to have been provided to all the bidders.
The language shall be: English
the Purchaser’s contact details shall be:
1.5
1.6
Superintending Engineer (M.M)
Urja Bhawan, 220 kV S/s,
Bye Pass Road Sikandra, Agra
Ph. No.: 9412748077;
Fax No.: 0562-2603736
E-mail: rggvydvvnl@gmail.com, semmdvvnl@yahoo.co.in
Website: http://www.dvvnl.org
1.7
1.8
(a)
(b)
1.9
The governing law shall be: Laws applicable in exclusive jurisdiction of competent Court in
Agra, India.
The formal mechanism for the resolution of disputes shall be: If the parties fail to resolve
such a dispute or difference by mutual consultation within twenty-eight (28) days from the
commencement of such dispute and difference, either party may require that the dispute be
referred for resolution to the formal mechanisms, described below (The date of
commencement of the dispute shall be taken from the date when this clause reference is
quoted by either party in a formal communication clearly mentioning existence of dispute
or as mutually agreed) :
The mechanism for resolution of disputes for bidders shall be in accordance with the
Indian Arbitration and Conciliation Act of 1996 as amended from time to time. The Arbitral
Tribunal shall consist of 3 (Three) Arbitrators. Each Party shall nominate and Arbitrator
and the two nominated Arbitrators shall mutually agree and nominate a third Presiding
Arbitrator.
The place for arbitration shall be Agra.
The bidders may please note that the prices are Firm. All statutory taxes, levies, duties, etc.
shall be paid on actual.
GENERAL TERMS AND CONDITIONS OF PAYMENT SCHEDULE
1.
2.
3.
4.
5.
All payments shall be made by the Purchaser in favour of the Consultant.
The release of payments will be Performance (output) based, where the payments are made
for measured deliverables and outputs.
Consultant shall obtain sign-off for each milestone completed from the Purchaser and raise
invoice against the same.
Eligible Payments against invoice submitted (accompanied with all requisite documents)
shall be released within 60 days of submission of invoice.
Power to withhold: Notwithstanding anything contained in the payment schedule mentioned
below, if in the opinion of the Purchaser, any work done or supply made or service rendered
by Consultant is deficient in any manner in comparison to the prescribed standards,
Purchaser shall be at liberty to withhold a reasonable portion of the payments due to the
Supplier, till such work/ supply/ service is made confirming to the prescribed standards.
These powers to withhold payments shall be without prejudice to any other power/ right of
the purchaser under this contract.
Tender Spec. No. DVVNL-MM/1065-2013
32
6.
7.
If additional work is required beyond the scope of the Services specified the estimated
periods of engagement of Personnel set forth in the appropriate Bid Response Format may
be increased by agreement in writing between the Purchaser and the Consultants. Any such
change shall be done as per Clause 31 of GCC and Clause 1.8 of SCC.
All payments under this Contract shall be made to the account of the Consultant with (Bank
& A/c No.):
……………………………….
……………………………….
Payments will be made by the Purchaser to the Consultant as per Contract Value quoted in
the Formats for Financial Proposal and agreed in the Contract, as follows:
PAYMENT SCHEDULE

Milestone based payment
Payment will be done on prorata basis as per the details given below:-
Sl.
Deliverable
No.
1. Preparation of Bid Document for electrification of Un-electrified &
partially electrified village/habitation along with REDB (Rural
Electricity Distribution Backbone including BOQ and BOM.
2. Finalization of award to Trunkey Contractor including evaluation of
bids both technical and financial.
3. Monitoring of delivery and erection schedule review of progress of
village electrification at Discom and district level, feedback,
monitoring and generation of reports regarding progress of
electrification works, release of services such as BPL connections,
adherence to Indian electrical rules as mentioned in scope of work.
Pre-dispatch inspection of quality of material as per technical
4. specifications of material and physical verification of material
received/installed and erected in electrification works.
5. On successful completion of closure report
Percentage of total
Value
5%
5%
40%
Fixed monthly
payment @ 1/24 per
month
(upto 24 months).
40% *
10%
* Payment will be done against running payment of working agency on the basis of no. of
villages/mazras, where a particular activity has been completed.
1.10. The currencies for payments shall be in Indian Rupees (INR) per unit.
1.11. The Consultant shall provide Performance Security of ten (10) percent of the total Contract
Price. The currency and amount of Performance Security shall be specified at the time of
awarding the contract to successful bidder.
1.12. The types of acceptable Performance Securities are:
Bank Guarantee issued by a Scheduled Indian Bank or Govt. Security in the form of
Corporate Guarantee.
Tender Spec. No. DVVNL-MM/1065-2013
33
(H)- BIDDER RESPONSE FORMS
Form No F-1
From: <Bidder>
To <Utility>
-------------------------------------------------------------------------
------------------------------------------------------------------------
Sub.: Appointment for PMC Project Monitoring and supervision of quality of works during
construction under RGGVY 12th Plan, reference number …………………….
Sir,
We ………………………………………………..a PSU/Govt. Undertaking herewith
enclose our offer for appointment of our firm as Project Management Consultant (PMC) for bid
specification no………….dated……….We hereby accept and abide by the scope & terms and
conditions of tender document unconditionally.
We also undertake to depute a Project Manager at contract awarding utility.
Yours faithfully,
Signature: ………………………
Name of firm: …………………..
Address: ………………………..
Tender Spec. No. DVVNL-MM/1065-2013
34
Form No. F-2: Certificate as to Corporate Principle
CERTIFICATE AS TO CORPORATE PRINCIPLE
(To be signed by any of Board Directors or Co. Secry)
I …………………………………………..certify that I am ……………………..of the
company under the laws of ………………………………….. and that ……………………… who
signed the above tender is authorized to bind the Company / firm by authority of its
Governing body.
Signature: ………………………
Name of firm: …………………..
Address: ………………………..
Seal:
Tender Spec. No. DVVNL-MM/1065-2013
35
Form No. F-3a: Project Experience
Kindly provide relevant project Experience of the firm / relevant past experience in either:
 With Power utility, in the last three financial year; or
 As PMC in the last three year audited financial years for a utility company provide
Summary of assignment including the Project submitted to focusing on the following
areas:
 Sector of the Client's Business in which assignment was awarded
 Value and Year of award / completion of assignment.
 Application / Modules worked on by the Firm
Sl.
No.
Assignment
Award
Year
Completion
Value of
Role
Assignment Firm
of
Reference
No.
Please provide of completed assignment.
Signature: ………………………
Name of firm: …………………..
Address: ……………………
Seal:
Form No F-3b: Performance Certificate
Kindly provide Client Performance Certificates for the completed projects provided for Form No.
F-3a stating the role, value Year of award / completion and broad scope of Or Copy of LoA / Work
Order along with proof of release of final payment.
Tender Spec. No. DVVNL-MM/1065-2013
36
Form No F-4: Company Information
Kindly provide the following details for the Firm:
1 Name of the Firm……………………………………………………………
2 Individual and Cumulative Turnover in the Last three audited financial years (in INR):
Firm
Year 2010-11
<Amount in
INR>
Year 2011-12
<Amount in INR>
Year 2012-13
<Amount in INR>
Total
<Amount in
INR>
(Please provide Published Annual Account for Balance Sheet and Profit and Loss statements as
Proof).
Signature: ………………………
Name of firm: …………………..
Address: ……………………
Seal:
Tender Spec. No. DVVNL-MM/1065-2013
37
Form No F-5: Deviations/No Deviations Confirmation, Comments & Suggestions
DEVIATIONS/COMMENTS/SUGGESTIONS OF CONSULTANT
On the Scope of Work, or any related area:
1.
2.
3.
4.
(In case of no deviations, a statement to that effect must be given)
Signature: ………………………
Name of firm: …………………..
Address: ……………………
Seal:
Tender Spec. No. DVVNL-MM/1065-2013
38
Form No F-6: CVs
The format for submission of CVs is the following:
1. Name: __________________________________________________________
2. Profession / Present Designation: ____________________________________
3. Years with firm: ____________________Nationality: ____________
4. Area of Specialisation: ___________________________________________
5. Proposed Position on Team: ______________________________________
6. Key Qualification/Experience:
(Under this heading give outline of staff members experience and training most pertinent to
assigned work on proposed team. Describe degree of responsibility held by staff member on
relevant previous assignments and give dates and locations. Use up to half-a-page.)
7.
Education :
(Under this heading, summarise college/ university and other specialised education of staff
member, giving names of colleges, dates and degrees obtained. Use up to quarter page.)
8.
Experience :
(Under this heading, list of positions held by staff member since graduation, giving dates,
names of employing organisation, title of positions held and location of assignments. For
experience in last ten years also give types of activities performed and Owner references,
where appropriate. Use upto three quarters of a page.
Language :
(Indicate proficiency in speaking, reading and writing of each language by ‘excellent’, ‘good’
or ‘poor’).
9.
Signature : _________________ Full Name : _________________
Address : _________________ Date : _________________
Kindly ensure that the relevant work experience and its applicability to the present
assignment are clearly articulated. The CVs should be in ‘Times New Roman’ with ‘font size 11’
and should not be longer than 4 type-written pages.
Signature : _________________ Seal:
Full Name : _________________
Address : _________________
Tender Spec. No. DVVNL-MM/1065-2013
39
(I)- PRICE SCHEDULE (P1)
(To be submitted in separate sealed envelope)
Offer for Project Management Consultant for Project Monitoring and Supervision of quality
of works during construction in Rajiv Gandhi Grameen Vidyutikaran Yojna (RGGVY 12th
plan)
Particulars
Work of PMC in 21 District Under DVVNL
Preparation of Bid Document for electrification
of Un-electrified & partially electrified
village/habitation along with REDB (Rural
Electricity Distribution Backbone including
BOQ and BOM.
Finalization of award to Trunkey Contractor
including evaluation of bids both technical and
financial.
Project Monitoring: Monitoring of delivery and
erection schedule physical verification of
material received/installed, release of services
such as BPL connections, adherence to Indian
electrical rules, feedback and generation reports.
Project Supervision: Supervision of quality as
per specification of material and work as
mentioned in scope of work. Material inspection
as pre ISI standards or other standards as
approved by the Discoms.
completion of closure report
Total amount
Value of
Rate
No of
including
Tax/Duties/Cess
per
villages/
Tax/Duties/Cess
in the total
villages/
majras
amount
majras
mentioned
Nos.
Rs.
Rs.
Rs.
32768
(as pre scope of work mentioned in section- D)
Total Price for Project Monitoring Consultancy Services in Words
INR
_______________________________________________________________
_____________
Note:
1) Price proposals will be compared based on the Total Price.
2) The Bidders shall quote total price for PMC inclusive of all taxes and duties. The Owner
will not be required to pay and/or reimburse anything over and above the price quoted except
service tax, which will be payable as per the rate prevailing at the time of payment.
3) The price should include overhead / out of pocket expenses, travel, boarding, lodging, visits
etc.
4) The prices shall remain FIRM till completion of the Assignment.
Signature : _________________ Seal:
Full Name : _________________
Address : _________________
Tender Spec. No. DVVNL-MM/1065-2013
40
(J) DETAILS OF INDIAN ELECTRICITY RULES INDICATED IN
SECTION-D OF SCOPE OF SERVICES
7.0 ADHERENCE TO INDIAN ELECTRICITY RULES (IER)
The implementing agency shall adhere to the conditions stipulated in the relevant sections
of Indian Electricity Rules, 1956 (as amended upto November, 2000 and subsequent amendments if
any) in regard to construction, erection and commissioning of electric supply lines (overhead and
underground) as well installations, systems and equipment, apparatus etc for generation,
transmission, supply and use of electrical energy as per the purpose and objects of the Indian
Electricity Act.
The important Rules or relevant portion/ sections of the rules applicable to projects being
implemented under the RGGVY 12th Plan scheme, which need to be kept in consideration during
the course of the monitoring/ supervision are: 7.1 Definitions
7.1.1 Voltage [Rule 2(av)]
The Nomenclature of voltages as defined in the IER is said to be as: (i) “Low” where the voltage does not exceed 250 volts under normal conditions
subject, however, to the % variation allowed by the IER,
(ii) “Medium” where the voltage does not exceed 650 volts under normal
conditions subject, however, to the % variation allowed by the IER,
(iii) “High” where the voltage does not exceed 33,000 volts under normal
conditions subject, however, to the % variation allowed by the IER,
(iv) “Extra high” where the voltage exceeds 30,000 volts under normal conditions
subject, however, to the % variation allowed by the IER.
7.2 General Safety [Requirements]
7.2.1 Service lines and apparatus on consumer’s premises [Rule 30]
(1) The supplier shall ensure that all electric supply lines, wires, fittings and apparatus belonging to
him or under his control, which are on consumer’s premises, are in safe-condition and in all espects
fit for supplying energy and the supplier shall take due precautions to avoid danger arising on such
premises from the supply lines, wires, fittings and apparatus.
7.2.2 Cut-out on consumer’s premises [Rule 31]
(1)
(2)
The supplier shall provide a suitable cut-out in each conductor of every service-line other
than an earthed or earthed neutral conductor or the earthed external conductor of a
concentric cable within the a consumer’s premises, in an accessible position. Such cutout
shall be contained within an adequately enclosed fireproof receptacle.
Where more than one consumer is supplied through a common service line, each such
consumer shall be provided with an independent cutout at the point of junction to the
common service.
Every electric supply line other than the earthed or earthed neutral conductor of any system
or the earthed external conductor of a concentric cable shall be protected by a suitable cutout by its owner.
Tender Spec. No. DVVNL-MM/1065-2013
41
7.2.3 Earthed terminal on consumer’s premises [Rule 33]
(1) The supplier shall provide and maintain on the consumer’s premises for the
consumer’s use, a suitable earthed terminal in an accessible position at or near the point of
commencement of supply as defined in rule 58.
Provided that in the case of medium, high or extra-high voltage installation the consumer
shall, in addition to the aforementioned earthing arrangement, provided his own
earthing system with independent electrode.
7.2.4 Danger Notices [Rule 35]
The owner of medium, high and extra-high voltage installation shall affix permanently in
a conspicuous position a danger notice in Hindi or English and the local language of the
district, with a sign of skull and bones [of a design as per the relevant ISS No.2551] on: (a)
(b)
Every motor, generator, transformer and other electrical plant and
equipment together with apparatus used for controlling or regulating the
same;
All supports of high and extra-high voltage overhead lines which can be easily climbed
upon without the aid of ladder or special appliances;
[Explanation- Rails, tubular poles, wooden supports, reinforced cement concrete poles
without steps, I-sections (Joists) and channels, shall be deemed as supports which
cannot be easily climbed upon for the purpose of this clause]
Provided that where it is not possible to affix such notices on any generator, motor,
transformer or other apparatus, they shall be affixed as near as possible thereto, or the
word ‘danger’ and the voltage of apparatus concerned shall be permanently painted
on it.
Provided further that where the generator, motor, transformer or other apparatus is within an
enclosure, one notice affixed to the said enclosure shall be sufficient for this rule.
7.3
General conditions relating to supply and use of energy
7.3.1 Precautions against leakage before connection [Rule 48]
(1)
The supplier shall not connect with his works the installation or apparatus on the premises
of any applicant for supply unless he is reasonably satisfied that the connection will not
at the time of making the connection cause a leakage from that installation or apparatus
of a magnitude detrimental to safety. Compliance with this rule shall be checked by
measuring the installation resistance provided below:
(i)
(ii)
(v)
7.3.2
(i)
All the electrical equipment shall have the ‘IR’ values as stipulated in the relevant Indian
Standards
At a pressure of 500 V DC applied between each live conductor and earth for a period of
1minute the insulation resistance of low voltage and medium voltage equipment should be
at least 1 Mega ohm or as specified in the relevant Indian Standards.
At a pressure of 2.5 KV DC applied between each live conductor and earth for a period of
1minute the insulation resistance of high voltage equipment should be at least 5 Mega
ohm or as specified in the relevant Indian Standards.
Declared Voltage Supply to Consumers [Rule 54]
Except with the written consent of the consumer or with the previous sanction of the State
Government, a supplier shall not permit the voltage at the point of commencement of supply
as defined under rule 58 to vary from the declared voltage:
In the case of low or medium voltage, by more than 6% (± 6%) or;
Tender Spec. No. DVVNL-MM/1065-2013
42
(ii)
(iv)
In the case of high voltage, by more than 6% on the higher side or by more than 9%
on the lower side (+6% & -9%), or;
In the case of extra-high voltage, by more than 10% on the higher side or by more than
12.5% on the lower side (+10% & -12.5%)
However, as per REC norms, for 11 KV overhead lines, the permissible voltage regulation
shall preferably not be more than (-) 8% on the lower side.
7.3.3
Point of commencement of supply [Rule 58]
The point of commencement of supply of energy to a consumer shall be deemed to be the
point at the incoming terminal of the cutouts installed by the consumer under rule 50 [Rule
50 relates to supply and use of energy].
7.4
Electric supply lines, systems and apparatus for low and medium voltages
7.4.1 Test for resistance of insulation [Rule 60]
(1)
Where any electric supply line for use at low or medium voltage has been disconnected
from a system for the purpose of addition, alteration or repair, such electric supply line shall
not be reconnected to the system until the supplier or the owner has applied the test
prescribed at rule 48.
(2)
The provision of sub-rule (1) shall not apply to overhead line except, overhead insulated
cables unless the Inspector otherwise directs in any particular case.
7.4.2 Connection with earth [Rule 61]
(1)
The following provisions shall apply to the connection with earth of systems at low voltage
in cases where the voltage normally exceeds 125 volts and of systems at medium voltage: (a) `
Neutral conductor of a 3 phase, 4-wire system and the middle conductor of a 2phase,3wire system shall be earthed by not less than two separate and distinct connections with
a minimum of two different earth electrodes or such large numbers as may be
necessary to bring the earth resistance to a satisfactory value both at the generating
station and at the substation. The earth electrodes so provided, may be inter-connected to
reduce earth resistance. It may be also be earthed at one or more points along the
distribution system or service line in addition to any connection with earth which may be at
the consumer’s premises.
(e)
In the case of an alternating current system, there shall not be inserted in the connection
with earth any impedance (other than required solely for the operation of switchgear and
instruments), cut-out or circuit breaker, and the result of any test made to ascertain whether
the current (if any) passing through the connection with earth is normal, shall be duly
recorded by the supplier.
No person shall make a connection with earth by the aid of, nor shall he keep it in contact
with, any water main not belonging to him except with the consent of the owner thereof and
of the inspector.
Alternating current systems which are connected with earth as aforesaid may be electrically
interconnected:
(f)
(g)
Provided that each connection with earth is bonded to a metal sheathing and metallic
armouring (if any) of the electric supply lines concerned.
(2)
The frame of every generator, stationary motor, portable motor, and the metallic parts (not
intended as conductors) of all transformers and any other apparatus used for regulating or
controlling energy and all medium voltage energy consuming apparatus shall be earthed by
the owner by two separate and distinct connections with earth.
Tender Spec. No. DVVNL-MM/1065-2013
43
(3)
All metal casings or metallic coverings containing or protecting any electric supply-line
or apparatus shall be connected with earth and shall be so joined and connected across all
junction boxes and other openings as to make good mechanical and electrical connection
throughout their whole length;
Provided that where the supply is at low voltage, this sub-rule shall not apply to wall tubes
or to brackets, electroliers, switches, ceiling fans or other fittings (other than portable hand
lamps and portable and transportable apparatus) unless provided with earth terminal and to
class-II apparatus/appliances;
Provided further that where the supply is at low voltage and where the installations are
either new or renovated all plug sockets shall be of the three-pin type, and the third pin shall
be permanently and efficiently earthed.
[Explanation-The words “ Class-II apparatus/appliance” will have the same meaning
as assigned to these words in the relevant ISS]
(4)
(a)
All earthing system shall consist of equipotential bonding conductors capable of carrying the prospective earth fault
current and a group of pipe/rod/plate electrodes for dissipating the current to the general
mass of earth without exceeding the allowable temperature limits as per relevant Indian
Standards in order to maintain all noncurrent carrying metal works reasonably at earth
potential and to avoid dangerous contact potentials being developed on such metal works;
(b)
Limit earth resistance sufficiently low to permit adequate fault current for the
of protective devices in time and to reduce neutral shifting;
(c)
be mechanically strong, withstand corrosion and retain electrical continuity during the life
of the installation. All earthing systems shall be tested to ensure efficient earthing, before
the electric supply lines or apparatus are energised.
(5)
All earthing systems belonging to the supplier shall in addition, be tested for resistance on
dry day during the dry season not less than once every two years.
A record of every earth test made and the result thereof shall be kept by the supplier for a
period of not less than two years after the day of testing and shall be available to the
Inspector or any officer appointed to assist the Inspector and authorised under sub-rule(2) of
rule 4-A when required.
(6)
operation
7.4.3 Earth leakage protective device [Rule 61-A]
The supply of Energy to every electrical installation other than low voltage installation
below 5 KW and those low voltage installations which do not attract provisions of section
30 of the Indian Electricity Act 1910, shall be controlled by an earth leakage protective
device so as to disconnect the supply instantly on the occurrence of earth fault or leakage of
current: Provided that the above shall not apply to overhead supply lines having protective
devices which are effectively bonded to the neutral of supply transformers and conforming
to rule 91 of I.E.Rules,1956.]
7.4.4
Systems at medium voltage [Rule 62]
Where a medium voltage supply system is employed, the voltage between earth and any
conductor forming part of the same system shall not, under normal conditions, exceed low
voltage.
Tender Spec. No. DVVNL-MM/1065-2013
44
7.5
Electric supply lines, systems and apparatus for high and extra-high voltages
7.5.1 Connection with earth [Rule 67] (for HV & EHV)
(1)
All non-current carrying metal parts associated with HV/EHV installation shall be
effectively earthed to a grounding system or mat which will:(a)
limit the touch and step potential to tolerable values;
(b)
limit the ground potential rise to tolerable values so as to prevent danger due to transfer of
potential through ground, earth wires, cable sheath, fences, pipe lines, etc.’
(c)
maintain the resistance of the earth connection to such a value as to make operation of
the protective device effective.
(1A) In the case of star-connected system with earthed neutrals or delta connected system with
earthed artificial neutral point:(a)
The neutral point of every generator and transformer shall be earthed by connecting it to
the earthing system as defined in Rule 61(4) and hereinabove by not less than two
separate and distinct connections:
(b)
(c)
(2)
(3)
(4)
(5)
(b)
(6)
7.6
Provided that the neutral point of a generator may be connected to the earthing
system through an impedance to limit the fault current to the earth:
Provided further that in the case of multi-machine system, neutral switching may be
resorted to, for limiting the injurious effect of harmonic current circulation in the system;
In the event of an appreciable harmonic current flowing in the neutral connection so as to
cause interference, with communication circuits, the generator or transformer neutral,
shall be earthed through a suitable impedance;
In case of the delta connected system the neutral point shall be obtained by the insertion
of a grounding transformer and current limiting resistance or Impedance wherever
considered necessary at the commencement of such a system.
Single-phase high or extra-high voltage systems shall be earthed in a manner approved by
the Inspector.
In the case of a system comprising electric supply lines having concentric cables, the
external conductor shall be the one to be connected with earth.
Where a supplier proposes to connect with earth an existing system for use at high or extra
high voltage which has not hitherto been so connected with earth he shall give not less
than fourteen days’ notice in writing together with particulars to the telegraph-authority of
the proposed connection with earth.
(a)Where the earthing lead and earth connection are used only in connection with earthing
guards erected under high or extra-high voltage overhead lines where they cross a
telecommunication line or a railway line, and where such lines are equipped with earth
leakage relays of a type and setting approved by the Inspector, the resistance shall not
exceed 25 ohms.
Every earthing system belonging to either the supplier or the consumer shall be tested for
its resistance to earth on a dry day during dry season not less than once a year. Records
of such tests shall be maintained and shall be produced, if required before the Inspector
or any officer appointed to assist him and authorised under sub-rule (2) of rule 4A.
In so far as the provisions of rule 61 are consistent with the provisions of this rule, all
connections with earth shall also comply with the provisions of that rule.
Overhead lines and underground cables
7.6.1 Material and strength [Rule 74]
(1)
All conductors of overhead lines other than those specified in sub-rule (1) of rule
86 shall have a breaking strength of not less than 350 kg.
(2)
Where the voltage is low and the span is of less than 15 metres and is on the
owner’ s or consumer’ s premises, a conductor having an actual breaking strength
of not less than 150 kg may be used.+
Tender Spec. No. DVVNL-MM/1065-2013
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7.6.2 Joints [Rule 75]
Joints between conductors of overhead lines shall be mechanically and electrically secure
under the conditions of operation. The ultimate strength of the joint shall not be less than 95
per cent of that of the conductor, and the electrical conductivity not less than that of the
conductor: Provided that no conductor of an overhead line shall have more than two joints
in a span.
7.6.3 Maximum stresses: Factors of safety [Rule 76]
(1)
(a)
The owner of every overhead line shall ensure that it has the following minimum
factors of safety:(i) for metal supports - 1.5
(ii) for mechanically processed concrete supports - 2.0
(iii) for hand-moulded concrete supports - 2.5
(iv) for wood supports - 3.0
The minimum factors of safety shall be based on such load as would cause failure of the
support to perform its function (assuming that the foundation and other components of the
structure are intact).
The aforesaid load shall be –
(i)
(ii)
equivalent to the yield point stress or the modulus of rupture, as the case may be, for
supports subject to bending and vertical loads.
the crippling load for supports used struts.
The said owner shall also ensure that the strength of the supports in the
direction of the line is not less than one-fourth of the strength required in the direction
transverse to the line:
(b)
(c)
(2)
(a)
(b) `
(c)
(d)
Provided that in the case of latticed steel or other compound structures, factors
of safety shall not be less than 1.5 under such broken wire conditions as may be specified by
the State Government in this behalf.
The minimum factor of safety for stay-wires, guard-wires or bearer-wires shall be 2.5 based
on the ultimate tensile strength of the wire.
The minimum factor of safety for conductors shall be 2, based on their ultimate tensile
strength. In addition, the conductors tension at 320 C, without external load, shall not
exceed the following percentages of the ultimate tensile strength of the conductor:Initial unloaded tension …….. 35 per cent
Final unloaded tension …….. 25 per cent
Provided that in the case of conductors having a cross section of a generally
triangular shape, such as conductors composed of 3-wires, the final unloaded tension
at 32° C shall not exceed 30 per cent of the ultimate tensile strength of such conductor.
For the purpose of calculating the factors of safety prescribed in sub-rule (1)the maximum wind pressure shall be such as the State Government may specify in each
case;
for cylindrical bodies the effective area shall be taken as two-thirds of the projected area
exposed to wind pressure;
for latticed steel or other compound structures the wind pressure on the lee side members
shall be taken as one-half of the wind pressure on the windward side members and the
factors of safety shall be calculated on the crippling load of struts and upon the elastic limit
of tension members;
the maximum and minimum temperatures shall be such as the State Government may
specify in each case.
Tender Spec. No. DVVNL-MM/1065-2013
46
(3)
Notwithstanding anything contained in sub-rules (1) and (2), in localities where
overhead lines are liable to accumulations of ice or snow the State Government
may, by order in writing, specify the loading conditions for the purpose of
calculating the factor of safety.
7.6.4 Clearance above ground of the lowest conductor [Rule 77]
(1)
No conductor of an overhead line, including service lines, erected across a street shall at
any part thereof be at a height of less than(a) for low and medium voltage lines
5.8 metres
(b) for high voltage lines
6.1 metres
(2)
No conductor of an overhead line, including service lines, erected along any street shall at
any part thereof be at a height less than(a) for low and medium voltage lines
5.5 metres
(b) for high voltage lines
5.8 metres
(3)
No conductor of an overhead line including service lines, erected elsewhere than along or
across any street shall be at a height less than (a) for low, medium and high voltages lines
upto and including 11,000 volts, if bare
4.6 metres
(b) for low, medium and high voltage lines
upto and including 11,000 volts, if insulated
4.0 metres
(c) for high voltage lines above 11,000 volts
5.2 metres
(4)
For extra-high voltage lines the clearance above ground shall not be less than 5.2 metres
plus 0.3 metre for every 33,000 volts or part thereof by which the voltage of the line
exceeds 33,000 volts;
Provided that the minimum clearance along or across any street shall not be less
than 6.1 metres.
7.6.5 Clearance from buildings of low and medium voltage lines and service lines [Rule 79]
(1)
Where a low or medium voltage, overhead line passes above or adjacent to or terminates on
any building, the following minimum clearances from any accessible point, on the basis of
maximum sag, shall be observed:(a)
for any flat roof, open balcony, varandah roof and lean-to-roof(i)
when the line passes above the building a vertical clearance of 2.5metres from the highest
point, and
(ii)
when the line passes adjacent to the building a horizontal clearance of 1.2metres from the
nearest point, and
(b)
for pitched roof(i)
when the line passes above the building a vertical clearance of 2.5 metres immediately
under the lines, and
(ii)
When the line passes adjacent to the building a horizontal clearance of 1.2metres.
(2)
Any conductor so situated as to have a clearance less than that specified in sub rule (
1)
shall be adequately insulated and shall be attached at suitable intervals to a bare earthed
bearer wire having a breaking strength of not less than 350 kg.
(3)
The horizontal clearance shall be measured when the line is at a maximum deflection from
the vertical due to wind pressure.
[EXPLANATION-For the purpose of this rule, expression “ building” shall be deemed
to include any
structure, whether permanent or temporary.]
7.6.6 Clearances from buildings of high and extra-high voltage lines [Rule 80]
(1)
Where a high or extra-high voltage overhead line passes above or adjacent to any building
or part of a building it shall have on the basis of maximum sag a vertical clearance above the
highest part of the building immediately under such line, of
not less thanTender Spec. No. DVVNL-MM/1065-2013
47
(a)
(b)
(2)
(a)
(b)
(c)
for high voltage lines upto and including 33,000 volts 3.7 metres
for extra-high voltage lines 3.7 metres plus 0.30 metre for every additional 33,000 volts or
part thereof.
The horizontal clearance between the nearest conductor and any part of such building shall,
on the basis of maximum deflection due to wind pressure, be not
less thanfor high voltage lines upto and including 11,000 volts 1.2 metres
for high voltage lines above 11,000 volts and up to and including 33,000 volts 2.0 metres
for extra-high voltage lines 2.0 metres plus 0.3 metre for every additional 33,000 volts for
part thereof.
[Explanation-For the purpose of this rule express” building” shall be deemed to
include any structure, whether permanent or temporary.]
7.6.7 Conductors at different voltages on same supports [Rule 81]
Where conductors forming parts of systems at different voltages are erected on the same
supports, the owner shall make adequate provision to guard against danger to linesman and
others from the lower voltage system being charged above its normal working voltage by
leakage from or contact with the higher voltage system and the methods of construction and
the clearances between the conductors of the two systems shall be subject to prior approval
of the Inspector.
7.6.8 Clearances: General [Rule 83]
For the purpose of computing the vertical clearance of an overhead line, the maximum sag
of any conductor shall be calculated on the basis of the maximum sag in still air and the
maximum temperature as specified by the State Government under rule 76(2)(d). Similarly,
for the purpose of computing any horizontal clearance of an overhead line the maximum
deflection of any conductor shall be calculated on the basis of the wind pressure specified
by the State Government under rule 76(2)(a) or may be taken as 350, whichever is greater.
7.6.9 Routes: Proximity to aerodromes [Rule 84]
Overhead lines shall not be erected in the vicinity of aerodromes until the aerodrome
authorities have approved in writing the route of the proposed lines.
7.6.10 Maximum interval between supports [Rule 85]
All conductors shall be attached to supports at intervals not exceeding the safe limits based
on the ultimate tensile strength of the conductor and the factor of safety prescribed in rule
76:
Provided that in the case of overhead lines carrying low or medium voltage conductors,
when erected in, over, along or across any street, the interval shall not, without the consent
in writing of the Inspector, exceed 65 metres.
7.6.11 Conditions to apply where telecommunication lines and power lines are carried on
same supports [Rule 86]
(1)
Every overhead telecommunication line erected on supports carrying a power line
shall consist of conductors each having a breaking strength of not less than 270 kg.
(2)
Every telephone used on a telecommunication line erected on supports carrying a power line
shall be suitably guarded against lightning and shall be protected by cut-outs.
(3)
Where a telecommunication line is erected on supports carrying a high or extrahigh
voltage power line, arrangement shall be made to safeguard any person using the telephone
against injury resulting from contact, leakage or induction between such power and
telecommunication lines.
7.6.12 Lines crossing or approaching each other [Rule 87]
(1)
Where an overhead line crosses or is in proximity to any telecommunication line,
either the owner of the overhead line or the telecommunication line, whoever lays his line
later, shall arrange to provide for protective devices or guarding arrangements, in a manner
laid down in the Code of Practice or the guidelines prepared by the Power and
Telecommunication Coordination Committee and subject to the provisions of the following
sub-rules:Tender Spec. No. DVVNL-MM/1065-2013
48
(2)
(3)
Sl.
No.
1.
1.
2.
3.
4.
5.
6.
When it is intended to erect a telecommunication line or an overhead line which
will cross or be in proximity to an overhead line or a telecommunication line, as the case
maybe, the person proposing to erect such line shall give one month’ s notice of his
intention so to do along with the relevant details of protection and
drawings to the owner of the existing line.
Where an overhead line crosses or is in proximity to another overhead line, guarding
arrangements shall be provided so to guard against the possibility of their coming into
contact with each other.
Where an overhead line crosses another overhead line, clearances shall be as under:Minimum clearances in metres between lines crossing each other,
Nominal system
11-66 KV 110-132 KV 220 KV 400 KV
800 KV
voltage
2.
3.
4.
5.
6.
7.
Low & Medium
2.44
3.05
4.58
5.49
7.94
11-66 KV
2.44
3.05
4.58
5.49
7.94
110-132 KV
3.05
3.05
4.58
5.49
7.94
220 KV
4.58
4.58
4.58
5.49
7.94
400 KV
5.49
5.49
5.49
5.49
7.94
800 KV
7.94
7.94
7.94
7.94
7.94
Provided that no guardings are required when an extra high voltage line crosses over another
extra-high voltage, high voltage, medium or low voltage line or a road or a tram subject to
the condition that adequate clearances are provided between the lowest conductor of the
extra-high voltage line and the top most conductor of the overhead line crossing underneath
the extra-high voltage line and the clearances as stipulated in rule 77 from the topmost
surface of the road is maintained.
(4)
A person erecting or proposing to erect a line which may cross or be in proximity
with an existing line, may normally provide guarding arrangements on his own line
or require the owner of the other overhead line to provide guarding arrangements
as referred to in sub-rule(3).
(5)
In all cases referred to in the preceding sub-rules the expenses of providing the
guarding arrangements or protective devices shall be borne by the person whose
line was last erected.
(6)
Where two lines cross, the crossing shall be made as nearly at right angles as the nature of
the case admits and as near the support of the lines as practicable, and the support of the
lower line shall not be erected below the upper line.
(7)
The guarding arrangements shall ordinarily be carried out by the owner of the supports on
which it is made and he shall be responsible for its efficient maintenance.
(8)
All work required to be done by or under this rule shall be carried out to the satisfaction of
the Inspector.
7.6.13 Guarding [Rule 88]
(1)
Where guarding is required under these rules the provisions of sub-rules (2) to (4)
shall apply.
(2)
Every guard-wire shall be connected with earth at each point at which its electrical
continuity is broken.
(3)
Every guard-wire shall have an actual breaking strength of not less than 635 kg and if made
of iron or steel, shall be galvanised.
(4)
Every guard-wire or cross-connected systems of guard-wires shall have sufficient currentcarrying capacity to ensure the rendering dead, without risk of fusing of the guard-wire or
wires till the contact of any live wire has been removed.
7.6.14 Service lines from Overhead lines [Rule 89]
No Service line or tapping shall be taken off an overhead line except at a point of support:
Provided that the number of tappings per conductor shall not be more than four in case
of low and medium voltage connections.
Tender Spec. No. DVVNL-MM/1065-2013
49
7.6.15 Earthing [Rule 90]
(1)
All metal supports and all reinforced and prestressed cement concrete supports of overhead
lines and metallic fittings attached thereto, shall be permanently and efficiently earthed. For
this purpose,
continuous earth wire shall be provided and securely fastened to each pole and connected
with earth ordinarily at three points in every km, the spacing between the points being as
nearly equidistance as possible. Alternatively, each support and the metallic fitting attached
thereto shall be efficiently earthed.
(1A) Metallic bearer wire used for supporting insulated wire of low and medium voltage
overhead service lines shall be efficiently earthed or insulated.
(2)
Each stay-wire shall be similarly earthed unless insulator has been placed in it at a
height not less than 3.0 metre from the ground.
7.6.16 Safety and protective devices [Rule 91]
(1)
Every overhead line, (not being suspended from a dead bearer wire and not being
covered with insulating material and not being a trolley wire) erected over any part
of street or other public place or in any factory or mine or on any consumer’ s
premises shall be protected with a device approved by the Inspector for rendering
the line electrically harmless in case it breaks.
(2)
An Inspector may by notice in writing require the owner of any such overhead line wherever
it may be erected to protect it in the manner specified in sub-rule (1)
(3)
[The owner of every high and extra-high voltage overhead line shall make adequate
arrangements to the satisfaction of the Inspector to prevent unauthorised persons from
ascending any of the supports of such overhead lines which can be easily climbed upon
without the help of a ladder to special appliances, Rails, reinforced cement concrete poles
and pre-stressed cement concrete poles without steps, tubular poles, wooden supports
without steps, I sections and channels shall be deemed as supports which cannot be easily
climbed upon for the purpose of this rule.
7.6.17 Protection against lightning [Rule 92]
(1)
The owner of every overhead line [sub-station or generating station] which is so exposed as
to be liable to injury from lightning shall adopted efficient means for diverting to earth any
electrical surges due to lightning.
(2)
The earthing lead for any lightning arrestor shall not pass through any iron or steel pipe, but
shall be taken as directly as possible from the lightning-arrestor to a separate earth electrode
and/or junction of the earth mat already provided for the high and extra high voltage substation subject to the avoidance of bends wherever practicable.
Note- A vertical ground electrode shall be connected to this junction of the earth mat
7.6.18 Unused overhead lines [Rule 93]
(1)
Where an overhead line ceases to be used as an electric supply line, the owner shall
maintain it in a safe mechanical condition in accordance with rule 76 or shall remove it.
(2)
Where any overhead line ceases to be used as an electric supply line, an Inspector, may by a
notice in writing served on the owner, require him to maintain it in a safe mechanical
condition or to remove it within fifteen days of the receipt of the notice.
Tender Spec. No. DVVNL-MM/1065-2013
50
(K)- ANNEXURE
Annexure-1
Appendix-III AGREEMENT
THIS AGREEMENT is made this ………………day in…………………………………..
…………between……………………………………………………......…………….…of
………………………(hereinafter called "< THE UTILITY>") of the other part:
and…………………………….……..of…………………………………………………………
………. (Herewith called "THE CONSULTANT"), of the other part:
AND WHERAS the Purchaser invited bids for Related Service,
viz.,………………………………………………………………………………………....and
has accepted a Bid by the Consultant for the supply of those Related Service in the Sum
of………………………………………………………………………………………(Hereinafte
r Called "the Contract Price").
NOW THIS AGREEMENT WITNESSETH AS FALLOWS:
1.
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract referred to:
2. The following document (Collectively referred to as "Contract Document") shall be
deemed to form and be read and construed as part of this Agreement, viz.:
i. The Detailed award of Contract;
ii. The Special Conditions of Contract;
iii. The General Conditions of Contract';
iv.Instruction to Bidders
v.The Purchaser's Notification to the Supplier for Award of Contract;
vi. Vendor response (proposal), including the Bid Submission Sheet and the Price
Schedules Submitted by the Supplier;
vii. Acceptance of purchaser's notification
In the event of any discrepancy or inconsistency within the Contract documents, then the
document shall prevail in the order listed above.
3.
In consideration of the payment to be made by the Purchaser to the Consultant as indicated
in this Agreement, the Consultant hereby covenants with the Purchaser to provide the
Related Services and to remedy defects therein in conformity in all respects with the
provisions of the contract.
4. The purchaser hereby covenants to pay the Consultant in consideration of the provision of
the Goods and Related Service and the remedying of defects therein, the contract at the time
manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of ………………………. On the day, month and year indicated
above.
Signed by ……………………………………………………………. (Authorized Discom
Official)
Signed by…………………………………………………………………. For the Supplier)
Tender Spec. No. DVVNL-MM/1065-2013
51
Annexure-2
FORM OF GUARANTEE BOND FOR 10% SECURITY
In consideration of the Dakshinanchal Vidyut Vitran Nigam Limited (hereinafter called
“The
DVVNL)
having
agreed
to
exempt
………………………………………………………………
(hereinafter,
called
“The
Consultant) from the demand, under the terms and conditions of Agreement date ………………
made
between
……….………………..
and
………………………………..
for
…………………………… (hereinafter called “the said agreement” of (s) of security deposit
for the due fulfillment by the said contractor (s) of the terms and conditions contained in the
said agreement, on production of bank guarantee for Rs. …….……………….. (Rupees
…………………………………
only)
we
…………………………………………….
…………………………….. bank ltd., (hereinafter referred to as “the Bank”) do hereby
undertake to pay the DVVNL an amount not exceeding Rs. ……………………… against any
loss or damage caused to or suffered or would be caused to or suffered by the DVVNL by
reason of any breach by said contractor (s) of the terms and conditions contained in the said
agreement.
2. We ………………………………………………………. Bank Ltd. do hereby undertake to
pay the amounts due and payable under this guarantee without any demur merely on
demand from the DVVNL stating that the amount claimed is due by way of loss or damage
cause to or would be caused to or suffered by the DVVNL by reason of any breach by the
said contractor’s(s) failure to perform the said Agreement. Any such demand made on bank
shall be conclusive as regards the amount due and payable by the Bank under the guarantee.
However, our liability under this guarantee shall be restricted to an amount not exceeding of
Rs. …………………………
3. We …………………………………………………………….. Bank Ltd. further agree that
the guarantee herein contained shall remain in full force and effected during the period that
would be taken for the performance of the said agreement and that it shall continue to be
enforceable till all the dues of the DVVNL under or by virtue of the said agreement have
been fully paid and its claims satisfied or discharged or till the DVVNL or their only
authorized officer certified that the terms and conditions of the said Agreement have been
fully and properly carried out by the said contractor (s) and accordingly discharges the
guarantee.
4. We …………………………………………… Bank Ltd. further agree with the DVVNL
that the DVVNL shall have the fullest liberty without affecting in any manner of obligations
hereunder to vary any of the terms and conditions of the said agreement or toe extend time
of performance by the said contractor (s) from time to time or to postpone for any time from
time to time any of the powers exercisable by the DVVNL against the said contractor (s)
and to for bearer or enforce any of the terms and conditions relating to the said Agreement
and we shall not be relieved from our liability by reason of any such variation, or extension
or extension (s) being granted to the said contractor or for any for bearance, act or omission
on the part of the DVVNL or any indulgence by the DVVNL to the said contractor (s) or by
any such matter or thing whatsoever which under the Law relating to sureties would but for
this provision have effect of so relieving us.
5. We …………………………………………….. Bank Ltd., lastly undertake not to revoke
this guarantee during its currency except with the previous consent of the DVVNL in
writing.
Tender Spec. No. DVVNL-MM/1065-2013
52
6. Not withstanding any thing contained above, the liability of the guarantee hereunder is
restricted to the said sum of Rs. …………………….. and this guarantee shall expire on the
day …………………………………………… and this guarantee shall expire on the day
………………………………….... Of 20 ………. Unless a claim under the guarantee is
filled with the guarantor within six months of such date. All claims shall lapse and the
guarantor shall be discharged from the guarantee.
7. We …………………………………….. (Name of Bank) lastly undertake to pay to the
Government DVVNL any Money so demanded not withstanding any dispute or disputes
raised by the consultant in any suit or proceeding pending before any court or Tribunal
relating arbitration thereto or liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the consultant shall have no claim against us for making such
payment.
Date ……………………….. day of ……………………………………… 20 ……………..
for …………..………………….. Bank Ltd.
Tender Spec. No. DVVNL-MM/1065-2013
53
Annexure-3
FORM OF THE BANK GUARANTEE FOR EARNEST MONEY
(To be submitted with Bid Part-I)
(For depositing earnest money in case the amount for deposit exceeds Rs. 5,000 Bank guarantee
should be on a non-judicial stamp Paper of Rs. 100.00 or as per present Act and should be
checked by the tenderer at the time of issuing the Bank Guarantee for any change in the Stamp
value.)
To,
MANAGING DIRECTOR
DAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITED
AGRA
Sir,
WHEREAS, Messers ……………………………………………………… a company
incorporated under the Indian Companies Act, its registered office at …………………
………….……………………… / a firm registered under the Indian Partnership Act and
having its business office at ………………………………….. son of ……………………. of
Messrs …………………………… at ……………………………..…. / Sri …………………….
…………………………………… son of …………………… resident of ………………… at
……………………….. Sri ………………………………………………………………… son
of ……………………………………… resident of ……………………………...……….
partners carrying on business under the firm’s name and style of Messrs …………………….
…………………….. at ………………..………………. Which is an unregistered partnership
(hereinafter called “The Tender”) has/have in response to your Tender Notice against
specification number ………………….. for …..…………………….……… offered to supply
and/or execute the works as contained in the Tender’s letter No ……..…………………….
AND WHEREAS the Tenderer is required to furnish you a Bank Guarantee for the sum
of Rs. ……………………………. As earnest money against the tenderer’s offer as aforesaid.
AND WHEREAS we ………………………………………………………. (name and
full address of the Bank) have at the request of the tenderer agree to give you the guarantee as
hereinafter contained.
NOW THEREFORE in consideration of the premises we the undersigned hereby
convenant that the aforesaid tender of the tenderer shall remain open for acceptance by you
during the period of validity as mentioned in the tender or any extension there of as you and the
tenderer may subsequently agreed and if the tenderer shall for any reason back out whether
expressly or implied from his said tender during the period of its validity of its validity or any
extension thereof as aforesaid, we hereby guarantee to you the payment of sum of Rs.
……………………………………………. On demand notwithstanding the existence of any
dispute between the Dakshinanchal Vidyut Vitran Nigam Limited and the tenderer, in this
regard AND we hereby further agree as follows:
(a) That you may without affecting this guarantee grant time or other indulgence to or
negotiate further with the tenderer in regard to the conditions contained in the said tender and
Tender Spec. No. DVVNL-MM/1065-2013
54
hereby modify these conditions or add thereto any further conditions as may be mutually
agreed upon between you and the tenderer.
(b) That guarantee hereinbefore contained shall not be affected by any charge in the
constitution of our Bank or in the constitution of the tenderer.
(c) That any account settled between you and the tenderer shall be conclusively evidence
against us of the amount due hereunder and shall, not be questioned by us.
(d) That this guarantee commences from the date hereof and shall remain in force till the
tenderer. If his tender is accepted by you, furnishes the security as required under the said
specifications and executes a formal agreement as therein provided or till four months after the
period of validity or the extended period of validity, as the case may be of tender whichever is
earlier.
(e) Not withstanding anything contained above liability of the Guarantor hereunder is
restricted to the said sum of Rs. ……………………….. and this guarantee shall expire on the
…………………………… day of …………………. 20 … Unless a claim under the guarantee
is filled with the Guarantor within six months of such date, all claims shall laps and the
Guarantor shall be discharged from the guarantee.
(f) That the expressions ‘the tender’ and the Bank the Dakshinanchal Vidyut Vitran
Nigam Limited herein used shall, unless such Interpretation is repugnant to the subject or
context include their respective successors and assigns.
(g) We ……………………………………………………... (Name of Bank) lastly
undertake to pay to the (DVVNL) any money so demanded notwithstanding any dispute or
disputes raised by the consultant in any suit or proceeding pending before any court or Tribunal
relating arbitration there to of liability under the present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the consultant shall have not claim against us for making such
payment.
Tender Spec. No. DVVNL-MM/1065-2013