HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

Superintending Engineer (Designs), Power House Electrical, H.P.S.E.B. Ltd.,

Sunder Nagar, Distt. Mandi H.P. – 175019
Tel./Fax 01907-262596, Email – sedphel@[Link]

“BID DOCUMENT”

for outsourcing the Operation and Maintenance of

2 x 1.5MW Holi Hydro Electric Project in
Distt. Chamba of Himachal Pradesh

(Bid Spec. No. HPSEBL/PHE/ Holi(Chamba) /O&M/2022/02)

Cost of Bid Document: - Rs. 2360/- May,2022

1
 Scheduled date For Sale, Submission & Bid Opening

 Date and Time of online 12.05.2022

publication:
 Date of pre bid meeting: 17.05.2022 (11.30 Hrs.)
 Start date and time of online bid 19.05.2022
submission:
 Last date and time of online bid Up to 24.05.2022(16.30 Hrs.)
submission :
 Date of opening of Techno- 25.05.2022(15.00 Hrs.)
commercial bid (Part-I)-
 Cost of Tender Document : Rs. 2360/-

2
 INDEX

Sr. No. Description

1 Information for Bidders (INFB) 2-13

2 Instructions to Bidders (ITB) 14-28

3 General Conditions of Contract (GCC) 29-59

4 Special Conditions of Contract (SCC) 60-64

5 Technical Requirements & Instructions 65-74

6 Forms and Procedure (FP) 75-104

1) Bid Form-1A 77-79

(To be submitted with Techno Commercial BID).

2) Bid Form-1B 80-81

(To be submitted with Price BID).
3) Price schedule-Schedule 1 , 2, 3 and 4 82-86

4) Form of 'Notification for Award of Work‟. 87-88

5) Form of Contract Agreement. 89-91

6) Contract Performance Bank Gaurantee 92-93

7) Major Special Capital Maintenance Performance 94-95

Bank Gaurantee
8) Form for Handing Over/Taking Over of Power 96
Plant.
9) Schedule & Details of Facilities. 97

10) Form of Power of Attorney for Joint Venture 98-99

11) Form of undertaking by Joint Venture Partners 100-103

12) Format for Evidence of Access to/Availability of 104

credit/facilities

1
 SECTION-I

INFORMATION FOR BIDDERS (IFB)

2
 INDEX

INFORMATION FOR BIDDERS

Clause no. Description Page No.

1.1 Introduction 4
1.2 Civil Works 4-7
1.3 Electrical Works 7-8
1.4 Year of Commissioning. 8
1.5 Completion cost of the Project 8
1.6 Depreciated cost 8
1.7 Year wise actual generation 8
1.8 Purpose of the Invitation for Bid 9
1.9 Brief Scope of Work 10
1.10 Handing Over of the Power Plant 11
1.11 Bidders to Inspect Site and Obtain All 11
Information
1.12 Location & approach to Project Site 12
1.13 Transport Facilities Available in the Area 12
1.14 Communication Facilities At Works Site 12
1.15 Climate / Weather 12
1.16 Labour Availability 12
1.17 Accommodation 13
1.18 Workshop Facilities 13
1.19 Labour Licence 13
1.20 Medical Facilities 13

3
 INFORMATION FOR BIDDERS (IFB)

1.1 INTRODUCTION

Holi Hydro Electric project is a run-of-the river type project developed on Holi
Nallah, a tributary of Ravi River in Chamba District of Himachal Pradesh. Holi
Nallah meets River Ravi on its left bank a little downstream of Holi village. The
project envisages utilisation of water of Holi Nallah for generating 3.0 MW of
power in a surface Power House near Holi village through a gross head of
171.72m. the project comprises of a trench weir across Holi Nallah, an approach
channel 41.0 m long, a settling basin to exclude all silt particles greater than
0.2mm, a rectangular power channel and circular steel conduit, a forebay for 3
minutes operational capacity, a 365m long penstock (0.85m dia.) bifurcating near
the surface power house to feed two units of 1.50 MW each. The tail water will
discharge back into Holi Nallah through a small Tail Race Tunnel/Channel.

1.2 CIVIL WORKS

Sr. No. Description

1. LOCATION

State Himachal Pradesh

Distt. Chamba

River Holi Nallah (tributary of river Ravi)

Vicinity Diversion weir about 2 Kms upstream of

village Holi and Power House near village
Holi.

2. DIVERSION WEIR

Type Trench Weir (semi-permanent)

Length of Trench weir 23.50 m (12.00m permanent and 11.50m

crate work).

Bed level of diversion 2006.70m

weir

High flood level 2007.90m

Top level of structure 2008.40m

Bed slope of trench 1:10

3. WATER CONDUCTOR
SYSTEM

4
a) Approach channel

Type Rectangular

Size 1.15 m x 1.20m

Design discharge 2.70 cumecs

Bed slope 1:150

Length 41.00 m (RD 0.00 to RD 41.00)

b) Settling
basin/Desilting tank

Type Troughs (Three)

Size 41.00 x 4.00 x 4.00

U/S and D/S transitions 6.50 m each

Particle size to be desilted 0.2 mm and above

Flow through velocity 15 cm/sec.

No. of chambers 3 nos.

c) Power channel

Type Rectangular/Horse Shoe

Size I - 1.20 m x1 .00m

II-1.20 m x1 .20m

Design discharge 2.15 cumecs

Bed slope 1:150

Length I - 375.00 m (RD 95.0 to RD 200.0, RD 700.0

to RD 850, RD 1180.0 to RD 1300.0)

II- 120.0 m ( RD 1680.0 to RD 1800.0)

d) Conduit

Type Circular (Steel)

Design discharge 2.15 cumecs

Bed slope 1:125

Length 1210.0 m (RD 200.0 to RD 700.0, RD 850 to

5
 RD 1180.0, RD 1300.0 to RD 1680.0)

Depth of flow + 800 mm

e) Forebay-cum-reservoir

Size 52 x 2.5 x 5.91 m

Minimum draw down 1991.72 m

level

Full supply level 1994.72

Center line of Penstock 1990.76 m

f) Penstock

Number& type One, surface

Main penstock 850mm dia.

Type and thickness ASTM-A-285-Grade-C, or equivalent 8mm

to 14 mm thick.

Length 365.00 metre

Branch penstock 2 nos., 650mm dia.

Length 43.0m.

4. POWER HOUSE

Installed Capacity 2 x 1.5 (3.0 MW)

Type Surface

Size 15.0m x 10.0mm

Turbine Type Francis, Horizontal axis

Centre line of units 1823m.

Gross head 171.72 metres

Net Head 167.72 metres

5. TAIL RACE CHANNEL

a) Main
Type Rectangular, open channel

Length 52.0 metres

6
 Size 1.80 m x 1.00 m

Bed slope 1 in 300

b) Individual

Type Rectangular, open channel

Length 8.0 metres each
Size 1.10 m x 1.00 m
Bed slope 1 in 300

6. DESIGN ENERGY

a) 75 % dependable 21.84 MU or GWH

year

b) 50% mean year 23.13 MU or GWH

c) Approved by the 17.52 MU

HPERC

1.3 ELECTRICAL WORKS

2 Nos., Horizontal Francis Turbine-Generating units are installed to generate 1.5MW

each at 3.3kV level and connected to the Grid at 3.3/33/11 kV sub-station at Holi
Power House. 2 nos., 3.3/33 kV, 2.1 MVA Generator-transformers have been
provided. Both the Units commissioned on 27.11.2004. 1 no., 33/0.4 kV, 250 kVA,
station transformer has been provided to feed the auxiliary of power house and
complete switchyard. One no. 33/11 kV, 3.15 MVA power transformer and 5 nos. 11
kV VCB to control incoming &outgoing feeders are installed to cater the power
demand of Holi and surrounding area. One no. additional 33/11 kV, 1.60 MVA,
power transformer isproposed to be installed to cater the construction power
demand of Power Project(s). Separate control room, other than the control room of
power house, for controlling the incoming feeders of IPP‟s has been constructed.

Sr. No. Description

Turbine: -
1. Name of Manufacturer Crompton Greaves Pvt. Ltd.
2. Type of turbine Horizontal Francis
3. Nos. of Wicket Gates 20
4. Output 1500kW at net head 165m
5. R.P.M. 1000
Generator:-
1. Name of Manufacturer Kirloskar
2. Type Synchronous Brushless
Generator Horizontal Shaft
3. Number 2
4. Capacity in MW 1.5 each
5. kVA 1875
7
 6. Generation voltage 3.3 kV
7. Power Factor 0.8 lag
8. Rated speed 1000 RPM
Generator-Transformers:-
1. Quantity 2 nos.
2. Capacity 2100 kVA
3. Voltage 3.3/33KV
4. Type of Connection YNd11
Station Transformer:-
1. Quantity 1 no.
2. Capacity 250 kVA
3. Voltage 33/0.4KV
Power Transformer
1. Quantity 1 no.
2. Capacity 3.15 MVA
3. Voltage 33/11KV
Power Transformer (Proposed)
1. Quantity 1 no.
2. Capacity 1.60 MVA
3. Voltage 33/11KV
11 kV VCB (Indoor)
1 Quantity 5nos.

E.O.T./H.O.T. crane is provided in the power house for maintenance of the

equipment.

1.4 Year of Commissioning

The project has been commissioned in November, 2004.

1.5 Completion cost of the Project

The completion cost as per information given by the Resident Engineer, Khauli
Power House Division, HPSEB Ltd. Shahpur is Rs. 2927.59 Lacs.

1.6 Depreciated cost

The depreciated cost of the project as on 31-03-2022 is Rs. 1279.199 Lacs.

1.7 Year wise actual generation

Year wise and actual generation since its completion is as under:-

Sr. No. Year Gross Generation(kWh)

1. 2004-05 572160
2. 2005-06 4487280
3. 2006-07 9617520
4. 2007-08 10819680
5. 2008-09 8848560
6. 2009-10 10596960
8
 7. 2010-11 9278400
8. 2011-12 5077488
9. 2012-13 9584436
10. 2013-14 8344092
11. 2014-15 7758480
12. 2015-16 761856
13. 2016-17 6200412
14. 2017-18 4247232
15. 2018-19 1387068
16. 2019-20 0
17. 2020-21 2840244
18. 2021-22 7398816
** Zero Generation due to damaged water conductor system.

1.8 Purpose of the Invitation for Bid

The Himachal Pradesh State Electricity Board Limited Shimla requires

uninterrupted generation of power at its Holi Hydro Electric Project, maximized
energy output from the available discharge and unhindered evacuation of power
supply and distribution in the local area. The power factor, output in KW, KVAR,
current and voltage forms the basis of quality power supply. The Bidder will
Operate, Maintain, Repair and arrange Spares for the power plant,complete
switchyard and newly constructed control room and will co-ordinate and establish
liaison with concerned authorities of HPSEB Ltd. or any other concerned
department and will act as required to achieve the following objectives:

 Capital maintenance and procurement of spares as per detail given in section –

IV „SCC‟.

 Streamlined and efficient Operation and Maintenance (O&M) of the power

plant on complete basis in every respect.

 Minimizing plant down time and trippings etc. and optimizing generation.
 Quality power supply.
 Adherence to all relevant rules and regulations, instructions and safety
measures in accordance to the existing laws and utility practices &
standards.

 Adherence to standard approved maintenance schedules and operation

procedures of various plant equipment/systems.

 Maintenance and repair of the power plant includingcomplete switchyardto

keep the same in excellent working condition at all times.

 Maintenance and repair of 33/11 kV transformer(s), 11 kV VCB panels and

11 kV outgoing feeders up-to 11 kV structures (only up-to cable
terminations) and control room for interconnection of IPP‟s project to keep
the same in excellent working condition at all times.

9
  Maintenance of the Civil Components of the project viz. intake, de-silting,
water conductor system, forebay, penstock, tail race, tail race outfall and
power house building etc.

The O&M Contractor is to ensure that these requirements are timely met and
speedy operation and maintenance is carried out round the clock. The energy
generation at the plant is to be maximized by minimizing plant down time,
operating at higher output and efficiency of equipment to ensure „optimal
utilization of water resources‟ and timelyplantrepairs and maintenance based on
monthly targeted energy outputs and plant running hours. The longer life of the
plant and machinery and civil structures will also [Link] optimal
utilization of waterresources to maximize power generation is the essence of the
agreement for O&M of the plants.

1.9 Brief Scope of Work

The O&M Contractor, under the conditions specified, will act on behalf of the
Himachal Pradesh State Electricity Board Limited, to achieve the objectives as
specified in clause –1.8 above to co-ordinate, liaise, maintain and operate the power
plant, complete switchyard, new control room including all equipment, material,
panels, control boards etc. inside and outside of Power House . The O&M
Contractor shall be responsible forde-silting & its disposal & disposal of trash
from the plant site to a suitable place decided by the HPSEBL near to the plant for
the period of „O&M Contract‟, to supply electricity to Himachal Pradesh State
Electricity Board Limited grid at the interconnection point and observe the
environmental, social, safety, labour laws and other regulations in force, obtain all
necessary authorizations and adhere to laws of the State and Govt. of India.

The O & M Contractor is to carry out round the clock plant operations and
maintenance for supply of electricity to HPSEBL, record and report all plant
operations, Plant data and Maintain & submit data on daily, weekly, monthly &
annual basis to HPSEBL and perform manual observations for power generation,
discharge regulation and maintain water levels upstream and downstream of the
plant. The complete plant data shall be handed over by the O & M Contractor to
the Owner on approved formats in compact discs in addition to the hard copies.
The O & M Contractor will be required to safeguard the hydraulic regime of the
water conductor system at all times and at all costs. The O & M Contractor will
ensure coordination and liaison with all concerned authorities on behalf of
HPSEBLtd. take all safety measures and safe custody of the plant and equipment
within the laws of the State and Govt. of India.

The term of O&M Contract will be for five years in the first instant which is
renewable up to a total period of ten years, unless terminated earlier for
default or otherwise. The Contract agreement may be renewed after five years
based on the O&M Contractor‟sperformance and on mutual agreement subject
to change of per unit rate payable to the contractor.

10
1.10 Handing Over of the Power Plant:

The power plant will be handed over to O & M Contractor simultaneously for
Operation & Maintenance.

The Notification for Award of Work will be issued to O & M Contractor. The O
& M Contractor will be given 1 (one) month time from the date of issue of
Notification for Award of Work to identify,mobilize,postand positionhis
personnel, (Plant Manager, Electrical Operators and helper etc. The plants will
be handed over to the O & M Contractor in as found conditions‟after the expiry
of one month time given to position his personnel„who will immediately
commence the O&M of the plants. However, prior to the handing over the plant
the O & M Contractor & Owner will carry out joint inspection and a defect list to
this effect will be prepared. Based on this report, the O & M Contractor at his
own cost shall immediately take up the necessary repairs of defective
equipment. The power plant has been designed and implemented in best
possible manner for optimum power generation. The O & M Contractor does
not reserve any right to object or probe the existing plant performance or any
equipment or component of the plant. However, any system improvement can
be proposed by the O & M Contractor with cost benefit analysis and the
implementation of which will be at the sole discretion of the Owner.

1.11 Bidders to Inspect Site and Obtain all Information

1.11.1 The Bidders at their own cost and in their own best interest, with prior
permission of HPSEBLtd., should inspect, verify and examine the power plant
conditions and its surroundings and satisfy themselves, before submitting their
bids, in respect of the site conditionsand information given in clause 1.2 & 1.3
above, including but not restricted to the following which may influence or
affect the O&M work and cost thereof under the Contract Agreement.

a) Plant condition includes a general reconnaissance of plant site including

head race channel, tail race channel, other civil structures such as water
intake, power house, bypass channel, Village Road (VR), bridges,
switchyard area etc. and all plants and equipment in the power house and
switchyard including hydro mechanical gates etc.

b) Plant conditions also include access to the site, and other means of
transport/communications for use by him in connection with the O&M
Contract Agreement.

c) Plant condition also includes any other information pertaining to and

needed for carrying out the work under the Contract Agreement including
information as to the risks, contingencies and other circumstances which
may influence or affect the O&M work or the cost thereof under this
Contract Agreement.

1.11.2 Manufacturer‟s O&M manuals & drawings in respect of major plant and
equipment and civil, electrical, mechanical and hydro mechanical equipment are
available at site and the same can be seen by the bidder on request.

11
1.12 Location & approach to Project Site

1.12.1 The project is located just before the Holi village, Tehsil Bharmour in Chamba
district of Himachal Pradesh. Holi village is about 72 kms. from Chamba town.
The Power house is connected through approach road having a distance of about
0.5 km from Chamba-Khramukh-Holi main road.

1.12.2 The Bidder at his cost shall be responsible for all safety aspects during execution
of the works.

1.12.3 The Bidder shall deemed to have familiarised himself with the nature,
environment, conditions and any limitations or restrictions on road to be used by
him during the period of the Contract. The Bidder shall also take into
consideration access limitations that may result in the event of slips/slides of hill
slopes or due to any other reasons arising due to the local climatic/geographical
conditions. HPSEB Ltd. shall not entertain any claim from the Bidder on this
account.

1.13 Transport Facilities Available In the Area

1.13.1 Bus Service: Holi Hydro Electric Project site/Chamba is connected by motor
able road from Pathankot (Punjab) and Nurpur (H.P.).The route from
Chandigarh to the project site is via Chandigarh-Roopnagar-Pathankot-
Banikhet-Chamba. The approximate distance from Chandigarh to Chamba is
about 280kms. The Power House is about 72 kms. AwayfromChamba, the
nearest town. Bus service is available from the project site/Chamba to Delhi,
Chandigarh and Shimla.

1.13.2 Air Traffic facilities/Air services: The project site is about

[Link] Port, which is linked to Chandigarh, New Delhi and
Shimla. The Air services are available daily throughout the year.

1.13.3 Goods Transport: Several services (Truck operator's Unions) located at

Pathankot, Chamba, Chandigarh ply their fleet of trucks. The nearest
petrol/diesel pump is at Chamba, however, a number of petrol/diesel pump
stations are located en-route Chandigarh to project site.

1.14 COMMUNICATION FACILITIES AT WORKS SITE

The work site is well connected with Mobile Signal of all leading operators.

1.15 CLIMATE / WEATHER

The project area lies between 1820 m to 2010 m elevation. The rainfall is normal.
Winter temperature falls up-to minus 5.0 degree Celsius.

1.16 LABOUR AVAILABILITY

12
 Skilled labour may be available locally and mayalso be brought from outside.
However, the Bidder shall make maximum efforts to explore the availability of
local labour of various categories and give preference to employ them to the
extent possible. Liaison and good relation with locals is very essential.

1.17 ACCOMMODATION

HPSEBL has constructed/developed some accommodation/residential quarters

at different locations of the project for its own employees. Out of this available
accommodation HPSEBL shall provide to the successful Bidder residential
quarters for accommodating his O & M staff. HPSEBL accommodation, if
available near to the Power House will be allotted at License [Link] recovery of
this rent shall be made from the monthly invoices submitted by the Contractor.

1.18 WORKSHOP FACILITIES

Nearest workshop facilities for carrying out minor machinery jobs etc. will be
available at [Link] major works facilities either at Pathankot, Chandigarh,
Ludhiana or Batala shall be available.

1.19 LABOUR LICENCE

1.19.1 The Bidder shall be required to obtain labour licence for deployment of labour
from the Labour Department.

1.19.2 The Bidder shall strictly adhere to the labour laws and minimum wage act
prevailing in the State of Himachal Pradesh.

1.20 MEDICAL FACILITIES

The Bidder shall provide necessary medical facilities at the project site at his own
expenses for his workers.

------ End of Section ------

13
 SECTION-II

INSTRUCTIONS TO BIDDERS (ITB)

14
 SECTION-II

INSTRUCTIONS FOR BIDDERS

Clause no. Description Page No.

2.1 General 16
2.2 Eligibility and Qualification Requirements 16
2.3 Local Conditions 17
2.4 Content of Bid Documents 17
2.5 Time Schedule 17
2.6 Language of Bid 18
2.7 Documents To Be Submitted By The Bidder 18-21
2.8 Documents Submitted for Part-II of Bid 21
2.9 Price Schedule 21
2.10 Currencies of Bid 22
2.11 Bid Validity Period 22
2.12 Earnest Money Deposit 22
2.13 Clarifications and Pre-Bid Conference 23
2.14 Format and Signing of the Bid 23
2.15 Uploading of Bids. 24
2.16 Dead Line for Submission of Bids 25
2.17 Opening of Bids by Owner 25
2.18 Clarification of BIDS 26
2.19 Correction of Errors 26
2.20 Evaluation and Comparison of Bids 27
2.21 Owner's Right to Accept any Bid and to Reject 27
any or all Bids
2.22 Award Criteria 27
2.23 Notification of Award 27
2.24 Signing of the Contract Agreement 27
2.25 Contract Performance Security 27
2.26 Special capital maintenance works performance 28
security (optional)

15
 INSTRUCTIONS TO BIDDERS (ITB)

2.1 GENERAL

Himachal Pradesh State Electricity Board Ltd., the Owner, has issued Notice
Inviting Bids (NIB) and will receive Bids, from eligible Bidders, for the Operation
& Maintenance of the 2 X 1.5 MW Holi Hydro Electric Project including all costs
such as O&M personnel, spare parts, consumables, Contractor‟s enabling
facilities (van etc.), special capital maintenance work etc.

2.2 ELIGIBILITY AND QUALIFICATION REQUIREMENTS

a) It is necessary that the Bidder should be a registered

Firm/Company/Association of Firms/Joint Venture under the Indian
Companies Act, 1956/2013 along with its amendments issued time to time or
under the laws of the State of Himachal Pradesh or equivalent within India. Bids
submitted by joint venture firms having not more than three partner with one
partner as lead partner wherein all partners should jointly meet qualification
requirements set forth in para (b) below.
b) The Bidder must have at least three years experience in operation or in
maintenance (as Contractor) or in Operation & Maintenance of hydroelectric
projects of 1MW or above having sufficient managerial and technical capabilities
or must have implemented agreements/contracts for operation or/and
maintenance of power projects of 1MW or above capacity with minimum
average annual turnover of Rs. 2 Crore in last three Financial Years. The Bidders
shall furnish documentary proof in support of their experience and shall also
furnish the balance sheet duly audited as a documentary proof.
c) The Bidder must have an operating Bank account for the last more than two
years with any Nationalized Bank and banks listed in GCC clause no. [Link] in
India and should be in a position to provide a Performance Guarantee of
Rs.15,00,000/- (Fifteen lacs) valid for the full duration of the O&M Contract.
d) The Bidder shall also furnish an affidavit duly attested by a Notary Public that
he is not black listed by any State or Agency.
e) The Bidder should have Income Tax, Service Tax, GST, Employee Provident
Fund registrations as required under rules anywhere in the Country but will
also get registered with the Excise & Taxation Department and Labour
Department in Himachal Pradesh within two months from the date of award of
the O & M Contract.
f) The Bidder from outside H.P. although registered with the Chief Electrical
Inspector anywhere in the Country shall have to get registered with the Chief
Electrical Inspector to H.P. Government within two months from the date of
award of the O & M Contract.
g) The Bidder should have a team of qualified professionals & highly skilled
artisans.
h) The Bidder shall have sufficient and adequate tools & tackles for executing the
work of Operation & Maintenance of the Hydro Electric Project.
i) The bidder shall have a liquid assets and/or evidence of access to or availability
of credit facilities of not less Rs. 50 Lakh to ascertain the financial soundness.
Certificate of bank as per Annexure-10 as attached in Section-VI (Forms and
Procedures) may be submitted along with bid.

16
2.3 LOCAL CONDITIONS

The Bidder is strongly advised to visit and examine the Hydro Electric Project
site and its surroundings including approaches to project & work site, space for
storage, workshop, offices & colony, ventilation, power and communication and
obtain for himself on his own responsibility all information that may be
necessary for preparing the Bid and entering into a Contract Agreement. The
cost of visiting the site shall be at Bidder's own expense. The Owner will assist
interested Bidders to see and inspect the site.

Bid Documents

2.4 CONTENT OF BID DOCUMENTS

2.4.1 The Bidding procedures, Contract Agreement terms and technical requirements
are prescribed in the Bid documents. The Bid Documents will include the
following:-
 Information for Bidders (INFB)
 Instructions to Bidders (ITB)
 General Conditions of Contract (GCC)
 Special Conditions of Contract (SCC)
 Technical Requirements & Instructions.
 Annexure of Forms and Procedure (FP)
 Bid Forms (1A & 1B).
 Price Schedules.
 Form of 'Notification for Award of Work.‟
 Form of Contract Agreement.
 Contract Performance Bank Guarantee Form
 Major Special Capital Maintenance Performance Bank Guarantee
Form
 Form for Handing Over/Taking Over of Power Plant
 Schedule & Details Of Facilities
 Form of Power of Attorney for joint venture
 Form of Undertaking by the joint venture partner
 Format for Evidence of Access to / availability of credit/ facilities

2.4.2 The Bidder is expected to examine all instructions, forms, schedules, terms,
specifications and other information in the Bid Documents. Failure to furnish all
information required by the Bid Document or submission of a Bid not
substantially responsive to the Bid Documents will be at Bidder's risk and may
result in rejection of his Bid.

2.5 TIME SCHEDULE

The term of O&M Contract will be for five (5) years in the first instant which is
renewable up to a total period of ten (10) years, unless terminated earlier for
default or otherwise. The Contract agreement may be renewed after five (5)
years based on the O & M Contractor‟s performanceand on mutual agreement
subject to change of per unit rate payable to the contractor.
17
 Preparation of Bids

2.6 LANGUAGE OF BID

The bid prepared by the Bidder and all correspondence and documents relating
to the bid exchanged by the Bidder and the Owner shall be written in English.
Supporting documents and printed literature furnished by Bidder in any other
language shall be accompanied by its true and faithful translation of the
pertinent passages in English. For the purpose of interpretation of the bid, the
English translation shall govern. Failure to comply with this may disqualify a
bid.

The Bid shall be prepared in a formal manner with all quotations stated both in
words and figures. There shall be no erasing. Corrections, if any, should be
neatly done and signed. A systematic form of totaling should be adopted to
avoid any ambiguity. All necessary drawings and information about the
equipment shall be enclosed/ uploaded with the Bid. Bid must be signed by a
person holding a valid power of attorney authorizing him to do so.

2.7 DOCUMENTS TO BE SUBMITTED BY THE BIDDER

2.7.1 Document submitted for Part-1 of the bid:

Each bidder shall upload the Bid Form-1A (Techno-commercial bid) along with
the following Documents as listed in ITB Clause 2.7. in line with the
requirements of the Bid Documents as Part-I of the Bid.

1. Attachment 1: The Bidders shall deposit bid Security of amount

Rs.1,00,000 as specified in ITB, which shall be deposited online as
desired in the bidding process of web site [Link]. Any
Bid not secured in accordance with ITB Clause 2.12 above shall be
rejected by the Owner as being non responsive.

2. Attachment 2: Power of Attorney: A power of attorney, duly

notarized, indicating that the person(s) signing the bid has (ve) the
authority to sign the bid and thus that the bid is binding upon the
Bidder during full period of its validity, in accordance with ITB
Clause 2.11.

3. Attachment 3: Bidder‟s Eligibility and Qualifications:

The documentary evidence of the Bidder‟s eligibility to bid shall
establish to the Employer‟s satisfaction that the Bidder, at the time of
submission of its bid, is eligible as defined in ITB Clause 2.2.
The documentary evidence of the Bidder‟s qualifications to perform
the contract, if its bid is accepted, shall establish to the Employer‟s
satisfaction that the Bidder has the financial, technical, and other

18
 capabilities necessary to perform the contract, and, in particular,
meets the experience and other criteria outlined in the Qualification
Requirement for the Bidders.

4. Attachment 4: Company profile of the Bidder giving, but not restricted

to, the following:
i. Name of the company :
ii. Address of Registered & Corporate office:
iii. Address for correspondence:
iv. Telephone nos., fax nos. & E-mail address:
v. Contact person & his telephone nos. for correspondence:
vi. Organization setup of the company
vii. Name and designation of the authorized signatory submitting the
offer and signing the Contract Agreement on award.
viii. Nature and constitution of the company (Documentary Proof may be
enclosed).
ix. Nature of business generally performed by the company:
x. Certified & audited financial statements of previous three (3) years
showing turnover, profit/loss of the Bidder etc.
xi. Evidence of adequate working capital for this contract, i.e. evidence of
access of line(s) of credit and availability of other financial resources
along with authority to seek references from the bidder‟s Bankers in
Annexure-8, Schedule-1 & 2 of this volume:
xii. Name and address of Bankers and years of account operations. Attach
a certificate from the Banker to this effect and to the effect that the
Bidder is capable of providing a performance guarantee of Rs.
15,00,000/- (Fifteen lacs) for a period of at least 5 years.
xiii. Number and details of employees currently on company strength as
well as on company‟s Power Generation Division‟s strength in the
following format.
Two separate format, one for company & other for Power Generation
Division must be filled)
experience in
of employees
qualification
employees

Minimum

Years of

projects

Years with
similar
No. of

Levels
firm

Opera Mtc.
tion

19
 Supervisory level
(Technical)

Supervisory level
(Managerial /finance)
Managerial Level
(Technical, Financial
& Administrative)
Technicians

Certified welders

Skilled workers

Semiskilled workers

Total

Note: A copy of the pay roll shall be attached for reference.

5) Attachment 5: Details of similar works executed in the past by the Bidder

in the format given below. In case a Bidder has not executed any Operation
contract or Maintenance contract or O&M contract for a hydroelectric
project, it should be stated clearly in the bid and in such a case the bidder
should submit the details of Operation contract or Maintenance contract or
O&M contract executed by him in respect of any other kind of project.
Certified copies of the orders executed and certificates granted by the
previous client(s) shall be attached.

Sr. Name of Nature Name & Period Nature Annual

No the of the address of of works contract
project project of client contract executed value in
Rs.

6) Attachment 6: List of Erection & Maintenance Tools and tackles which the
Bidder is having at present.
7) Attachment 7: A brief write up on how the Bidder plans to operate the
facilities.
8) Attachment 8: The bidders shall furnish the details of manpower to be
deployed for O&M, conveyance facilities, communication facilities,
technical support facilities for data analysis, fault diagnosis & rectification
of these.
9) Attachment 9: The Contractor shall furnish a copy of the PAN/GIR card.

20
 10) Attachment 10: The Contractor shall furnish a copy of the Income Tax
Clearance Certificate or proof of income tax return submission and its
acceptance by the competent authority.
11) Attachment 11: The Contractor shall furnish a copy of O&M Experience of
Power House for relevant time period as required.
12) Attachment 12: The Contractor shall furnish a copy of Loss and Profit
Sheet duly vetted from C.A for the purpose of Turnover required.
13) Attachment 13: Bid documents issued/downloaded to/by the bidder duly
stamped and signed at each page.
14) Attachment 14: Copy of registration with Chief Electrical Inspector.
15) Attachment 15: The Bidder shall attach an affidavit duly attested by a
Notary Public that he is not black listed by any State or Agency.
16) Attachment 16:The Bidder should be a registered
Firm/Company/Association of Firms/Joint Venture under the Indian
Companies Act, 1956 or under the laws of the State of Himachal Pradesh or
equivalent within India. The necessary certificate should attach.
17) Attachment17:Copy of minimum average annual turnover of Rs. 2 Crore in
last three Financial Years. The Bidders shall furnish documentary proof in
support of their experience and shall also furnish the balance sheet duly
audited as a documentary proof.
18) Attachment 18: Copy of operating Bank account for the last more than two
years with any Nationalized Bank and banks listed in GCC clause no.
[Link] in India and should be in a position to provide a Performance
Guarantee of Rs.15,00,000/- (Fifteen lacs) valid for the full duration of the
O&M Contract. The Bidders shall furnish documentary proof in support of
above.
19) Attachment 19: Certificate of bank as per Annexure-10 as attached in
Section-VI (Forms and Procedures) may be submitted along with bid.

2.8 Document submitted for Part-II of the bid

Each bidder shall submit and upload the Bid Form-1B (Price bid) along with
Price Schedules in line with the requirements of the Bid Documents as Part-II of
the Bid.

The Bidder shall quote his prices strictly @ of per unit of saleable energy
generated from the plant. The saleable energy implies energy export to HPSEBL
(Recorded at Main Meter installed at the interconnecting point in the power
house) minus energy imported from HPSEBL (Recorded at the Check Meter
installed at HPSEBL grid) for auxiliary consumption & lighting purpose at the
plant. In case of defective Main Meter the reading of Check Meter shall be
considered for all intents & purposes & vice versa. The Bidders shall quote the
prices separately for Operation and Maintenance of the plants.

2.9 PRICE SCHEDULE

2.9.1 Bidders quoting a system of pricing other than that specified run the risk of
rejection of their Bid.
2.9.2 The Bidder shall fill in prices for all items as specified in the Bid Form. Items
against which no price is entered by the Bidder will not be paid by the Owner
21
 when executed and shall be deemed to be included in the other prices in the "Bid
Form and Price Schedules".
2.9.3 The rates and amounts shall be quoted in decimal in such a manner that no
interpolation is possible. Corrections, if any, shall be made by crossing out,
initialling, dating and rewriting. Corrections should not be carried out by
applying correcting fluid.
2.9.4 Bidders shall give a breakdown of the prices in the manner and details called for
in the Price [Link] shall be indicated separately.
2.9.5 Govt. of Himachal Pradesh has implemented the Building and Other
Construction Workers' (Regulation of Employment and Conditions of Service)
Act, 1996 and H.P. Building and Other Construction Workers (R.E. & C.S) Rules,
2008 and the Building and Other Construction Workers Cess Act, 1996 and rules
made there under in January, 2009. According to the said rule Labour Cess @ 1%
of the Project cost shall be deducted from the Contractor's invoices and
deposited with the Government of H.P. by the Owner.
Accordingly, bidders are required to quote their rates inclusive of labour cess in
Price Schedule-I.

2.9.6 All variations in statutory levies/ Taxes, if any, claimed must be specifically
mentioned. If nothing is mentioned in this regard in the tender, the Bidder shall
have to absorb any variation in the statutory levies/Taxes over the quoted rates
themselves.

2.10 CURRENCIES OF BID

Price shall be quoted in Indian Rupees only.

2.11 BID VALIDITY PERIOD

2.11.1 Bids should be kept valid for acceptance for a period of 6 (six) calendar months
from the date of opening of Bids prescribed in ITB Clause 2.17 (Opening of Bids
by Owner).
2.11.2 In exceptional circumstances, prior to expiry of the original Bid validity period,
Owner may request the Bidder for a specified extension in the period of validity.
The request and the responses thereto shall be made in writing or by fax. A
Bidder may refuse the request without forfeiting his Earnest Money Deposit. A
Bidder agreeing to the request will not be permitted to modify his Bid. The
provision of ITB Clause 2.12 (Earnest Money Deposit), hereof regarding
discharge and forfeiture of Earnest Money Deposit shall continue to apply
during the extended period of Bid validity.

2.12 BID SECURITY OR EARNEST MONEY DEPOSIT (EMD)

2.12.1 Pursuant to ITB Clause 2.7 (Document Comprising the Bid), the Bidders shall
deposit bid Security of amount Rs.1,00,000 (one lakh) as specified in ITB, which
shall be deposited online as desired in the bidding process of web site
[Link] Security is required to protect Owner against risk of
Bidder's conduct which would warrant the security's forfeiture, pursuant to ITB
Clause 2.12.5. Any Bid not secured in accordance with ITB Clause 2.12 above
shall be rejected by the Owner as being non responsive.

2.12.2 Unsuccessful Bidder's Bid Security will be discharged/ returned as promptly as

possible as but not later than thirty (30) days after expiration of the period of Bid
validity prescribed by the Owner pursuant to ITB Clause 2.11 (Bid Validity
Period).
22
2.12.3 Successful Bidder's Bid Security will be discharged upon execution of the
contract deed, pursuant to ITB Clause 2.24 (Signing of Contract Agreement), and
furnishing the required performance security pursuant to ITB Clause 2.25
(Contract Performance Security).

2.12.4 No interest shall be paid by the Owner on the Bid Security.

2.12.5 The Bid Security may be forfeited:

(i) if the Bidders withdraws or modifies unilaterally his Bid during the period of
Bid validity;
or
(ii) if the Bidders does not accept the correction of his Bid price pursuant
to ITB Clause 2.19 ( Corrections of Error).
(iii) in the case of a successful Bidders, if the Bidders fails within the specified
time limit to accept the letter of award or sign the Contract Deed or furnish
the required contract performance security.
(iv) If, as per the requirement of Qualification Requirements the Bidder is
required to submit a Deed of Joint Undertaking and he fails to submit the
same, duly attested by Notary Public of the place(s) of the respective
executant(s), within ten days from the date of intimation of post – bid
discussion.

2.13 Clarifications and Pre-Bid Conference

2.13.1 HPSEBL shall hold one pre-Bid conference at Sunder Nagar, district Mandi
(H.P.), so as to enable HPSEBL to issue clarifications and replies to the queries of
the prospective Bidders to the extent possible within 15 days from the publishing
of Bid Invitation Notice.
2.13.2 Bidders may send their queries in writing so as to reach HPSEBL in a week prior
to the Pre-Bid Conference. The primary purpose of this conference will be to
make clarifications on any queries on the Bidding.
2.13.3 Minutes of the meeting, including the text of the questions raised and the
responses given, will be transmitted to all Bidders. Any amendments /
modifications of the documents which may become necessary as a result of the
Pre-Bid Conference or otherwise shall be made by HPSEBL through the issue of
an Addendum.
2.13.4 Non-attendance at the Pre-Bid Conference will not be a cause for disqualification
of the Bidder. However, all clarifications and modifications presented in the
Addendum will be binding on all the Bidders irrespective of their attendance at
the Pre-Bid Conference.

2.14 FORMAT AND SIGNING OF THE BID

2.14.1 The bidder shall prepare bid document and upload it as per directions given
above.

2.14.2 The name of all person or persons signing the bid should also be printed below
the signature. All pages of the bid, except for un amended printed literature shall
be initialed by the person or persons signing the Bid.

23
2.14.3 Bid by a partnership firm must be furnished with full names of all partners and
be signed with the partnership name, followed by the signature(s) and
designations(s) of the authorized partner(s) or other authorized representative(s)
(Authenticated copy of Partnership Deed shall be furnished along with the Bid).

2.14.4 Bid by corporation/Company must be signed with the legal name of the
Corporation/Company by the President, Managing Director, or by the Secretary
or other person or persons authorized to sign bid on behalf of such Corporation/
Company in the matter.

2.14.5 A Bid by a person who affixes to his signature the word „President‟, „Managing
Director‟ „Secretary‟, „Agent‟, or other designation without disclosing his
principal will be rejected.
2.14.6 The Bidder‟s name stated on the proposal shall be the exact legal name of the
firm.
2.14.7 Any interlineations, erasures or overwriting shall only be valid if these are
initialed by signatory (ies) to the Bid.

2.14.8 Bids not conforming to the above requirements of signing may be disqualified.

Submission of Bids

2.15 UPLOADING OF BIDS.

2.15.1 The tender is liable not to be considered, if complete information is not given
therein or if the particulars and date (if any) asked for in the tender are not fully
filled in. Specific attention must be paid to the due date of online submission of
tender and also to the conditions of the contract, as the contract shall be governed
by these clauses. The Bidder has to upload their Bids and Additional/Supporting
tender documents (scanned soft copies) only through online using the web portal
within the stipulated date and time.
2.15.2 Each page of the tender and annexure shall be read carefully and duly signed by
the bidder and to be submitted on line with the offer.
2.15.3 TWO STAGES TENDER: - The tenders shall be in two stages as detailed below:-
[Link] Stage-I :-
This stage shall comprise of Techno-Commercial Bid.
Any other information called for in the specifications other than price.
Techno-commercial bid SHALL NOT CONTAIN FINANCIAL BID.

[Link] Stage-II :-
The second stage called Price bid shall be uploaded on-line only.

[Link] The tender in two stages shall be prepared & uploaded in separate sheets as
indicated above.
24
[Link] Techno-commercial bid envelope (in soft mode) of those bidders who satisfy the
requirement of cost of tender and Earnest Money Deposit (EMD) will only be
opened on the due date and time already mentioned. If any of the Bidder indicate
price in Techno-commercial bid, the Bid will not be considered and will be rejected.

2.15.4 Price Bid will not be opened at the time of opening of techno-commercial bid. The
price bid will be opened of only techno-commercially responsive bidders on due
date and time, intimation regarding date and time will be uploaded in the web
portal.

2.15.5 In case pre bid meeting is not held and the bidder finds any ambiguity in any of the
terms and conditions stipulated in the specification, he shall get it clarified at least
72 hours before opening of the tender and reply to clarification shall be
communicated to all the concerned bidders who have raised such ambiguity. If this
is not done and subsequent to the opening of the tender, it is found that the doubt,
about the meaning or, ambiguity in the interpretation, if any of the terms and
conditions stipulated in the specification are raised by the bidder either in this
tender or by a separate letter, the interpretation or clarification issued by HPSEBL
on such of those terms and conditions of the tender document as may be raised by
the bidder shall be final and binding on the bidder.

2.15.6 All tender offers shall be prepared by typing or printing in the formats enclosed with
the specifications.

2.15.7 All information in the tender offer shall be in English only. It shall not contain
interlineations, erasures or over writings except as necessary to correct errors made
by the bidder. Such erasures or other changes in the tender document shall be
attested by the person signing the tender offer.

2.15.8 The tender offer shall contain full information asked for in the accompanying
schedules and elsewhere in the specification.

2.16 DEAD LINE FOR SUBMISSION OF BIDS

2.16.1 Bids must be uploaded on the web site on or before the date specified in the NIT.

2.16.2 The Owner may at its discretion, extend the dead line for submission of Bids, in
which case all rights and obligations of the Owner and the Bidders previously
subject to the original dead line shall thereafter be subject to the new deadline as
extended.

Bid Opening and Evaluation

2.17 OPENING OF BIDS BY OWNER

2.17.1 The bids shall be opened in the office of the Superintending Engineer (Designs),
Power House Electrical, H.P.S.E.B. Ltd., BBMB Township, HPSEBL Ltd.
25
 Complex, Sunder Nagar, HP -175019 by following online procedure of the web
site [Link]. No Bidder shall withdraw his bid after it has been
opened and rates made known to others. If the date of opening of bids happens
to be a holiday, the bids shall be opened at the same time and place on the next
working day.

2.17.2 The Part-I of the bid i.e. Technical and Commercial Bid (Cover-I/Folder-I) shall
only be opened on the due date of opening. The bids with EMD deficient in
value will not be opened further and considered as non–responsive and rejected.

2.17.3 Part-II of the bid i.e. “Price Bid” (Cover-II/Folder-II) of only those Bidders
whose Technical and Commercial Bids have been ascertained to be acceptable
shall be opened online at a subsequent date for which separate intimation will be
sent to them.

2.18 CLARIFICATION OF BIDS

To assist in the examination, evaluation and comparison of Bids the Owner, may
at its discretion ask any Bidder for clarification of his Bid, including break-up of
unit rates. The request for clarification and the response shall be in writing or by
fax, but no change in the price or substance of the Bid shall be sought,
offered or permitted except as required to confirm the correction of
arithmetic errors discovered by the Owner during the evaluation of the Bids in
accordance with ITB Clause 2.19 (Correction of Errors) hereof.

2.19 CORRECTION OF ERRORS

2.19.1 The errors/discrepancies in respect of the specified amount in Price Bid Part-of
Bid Proposal Sheets for an individual item and / or sub-item and or in the sub-
total of a schedule and/or in the Grand total of a schedule and/or in the lump-
sum price of the package either due to discrepancy between figures and words
and/or simple arithmetical error while adding and/or multiplying and/or due
to wrong incorporation of unit rates etc. the error will be rectified and computed
by Owner as per the following method: -
(i) In case of discrepancy between figure and words, the value specified in
the words will be considered for computation.
(ii) Firstly, the unit rates in words will be considered for computation.
(iii) In case unit rates are not indicated in words then unit rates indicated in
figure will be considered and will be used for deriving the amount from
the quantities specified in the Bid documents.
(iv) In case error is due to wrong incorporation of quantities, the quantities as
specified in the Bid documents will be considered and multiplied by the
quoted unit rates to obtain the amount. The amounts will be computed as
per the incorporation of amount of individual item, sub-item, sub-total of
a schedule, grand total of a schedule and lump sum price of the package
based on the above consideration.
2.19.2 After computation of the amounts as above, the values as computed and as
quoted will be compared and higher of the two will be considered for the
purpose of evaluation of Bid and lower values will be considered for the purpose
of award (in case of successful Bidder). If the Bidder does not accept the above
consideration, his Bid will be rejected and the Earnest Money Deposit shall be
forfeited.

26
2.20 EVALUATION AND COMPARISON OF BIDS
The Bids will be evaluated by the Owner to ascertain the lowest evaluated,
technically and commercially responsive Bid for the complete scope of work, as
detailed in the Bid Documents.

Award of Contract

2.21 OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL
BIDS
The Owner reserves the right to accept or reject any Bid, and to annul the Bid
process and reject all Bids at any time prior to award of Contract, without
thereby incurring any liability to the affected Bidder or Bidders or any obligation
to inform the affected Bidders or Bidder of the grounds for Owner's action.

2.22 AWARD CRITERIA

2.22.1 Subject to ITB Clause 2.21 (Owners Right to Accept any Bid) hereof, the Owner
will award the Contract to the Bidder whose Bid has been determined to be
substantially responsive to the Bid Documents and who has offered the lowest
Evaluated Bid Price pursuant to ITB Clause 2.20 (Evaluation and Comparison of
Bid), further provided that such Bidder has been determined to be
eligible/qualified to perform the Contract satisfactorily.
2.22.2 The Bidder would be required to comply with all the requirements of Bid
Documents failing which his Earnest Money Deposit will be forfeited.
2.22.3 The Owner reserves the right to add, alter, and amend and to vary or delete the
quantity/items of work at the time of Award of Contract.

2.23 NOTIFICATION OF AWARD

2.23.1 Prior to the expiry of the period of Bid validity, the Owner will notify the
successful Bidder in writing by registered letter or by fax to be confirmed in
writing by registered letter that his Bid has been accepted. The notification of
award will constitute the formation of the Contract Agreement.
2.23.2 On furnishing of a performance security by the successful Bidder, pursuant to
ITB Clause 2.25 (Contract Performance Security), the Owner will promptly notify
each unsuccessful Bidder and will return/reimburse his Earnest Money Deposit.

2.24 SIGNING OF THE CONTRACT AGREEMENT

2.24.1 Within 28 (twenty eight) days of receipt of the notification of award, on a date
and time mutually agreed upon, the successful Bidder or his authorised
representative shall attend the office of the Owner for signing of the Contract
Agreement.
2.24.2 Failure on the part of the successful Bidder to comply with the requirements of
this Clause will constitute sufficient grounds for the annulment of the award and
forfeiture of the Earnest Money Deposit.

2.25 CONTRACT PERFORMANCE SECURITY

2.25.1 Within 28 (twenty eight) days after receipt of letter of award but not later than
the signing of the Contract Agreement, the successful Bidder shall be required to
furnish to the Owner, a Contract Performance Security in the form of an
irrevocable Bank Guarantee from an Indian Nationalized Bank and banks listed

27
 in GCC clause no. [Link] for an amount of Rs. 15,00,000/- (Fifteen lacs only)
valid for the full duration of the O&M Contract, as per Performa annexed to Bid
document for the faithful performance of Contract in accordance with the
conditions of the Contract. The Contract Performance Security can also be in the
form of a Fixed Deposit Receipt duly pledged in favour of The Resident
Engineer power House Division HPSEBL Khauli at Drini District Kangra
(H.P) as per Performa annexed to Bid document.

2.25.2 Failure of the successful Bidder to comply with the requirement of ITB Clause
2.24 (Signing of Contract Agreement) and 2.25 (Contract Performance Security)
shall constitute sufficient grounds for the annulment of the award and forfeiture
of the Earnest Money Deposit, in which event Owner may make the award to the
next lowest evaluated Bidder or call for new Bids.
2.25.3 Should the Contract Agreement period, for whatever reason, be extended, the
Bidder, shall at his own cost, get the validity period of Bank Guarantee in respect
of performance security furnished by him extended and shall furnish the
extended/revised Bank Guarantee to Owner before the expiry date of the Bank
Guarantee originally furnished.

2.26 SPECIAL CAPITAL MAINTENANCE WORKS PERFORMANCE SECURITY

(Optional)

2.26.1 Within 90 (ninety) days after receipt of letter of award but not later than the
submission of 1st bill/invoice, the successful Bidder shall be required to furnish
to the Owner, a Special Capital Maintenance Works Performance Security in the
form of an irrevocable Bank Guarantee(BG) from an Indian Nationalized Bank
for an amount equal to the cost (to be notified by the Owner in the notice of
Award) of all the works & procurement of spares listed in section-IV as well as
envisaged by the bidder and investment to be made as per the commitment
given in the schedule-3 of price schedule, valid for 90 days beyond the
completion period of Special Capital maintenance works & procurement of
spares (i.e. 90 days beyond 2 (two) years of O & M Contract), as per Performa
annexed to Bid document for the faithful execution of Special maintenance
works in accordance with the special conditions of the Contract.

2.26.2 Failure of the successful Bidder to comply with the requirement of SCC Clause
4.1 (Execution of Special Capital Maintenance Works and procurement of spares)
shall constitute sufficient grounds for the encashment of BG and reduction of
unit rate payable to the Contractor or encashment of BG and termination of the
Contract in which event Owner may make the award to the next lowest
evaluated Bidder or call for new Bids.

2.26.3 Should the execution of Special Capital Maintenance Works period, for whatever
reason, be extended, the Bidder, shall at his own cost, get the validity period of
Bank Guarantee in respect of Special Capital Maintenance Works performance
security furnished by him extended and shall furnish the extended/revised Bank
Guarantee to Owner before the expiry date of the Bank Guarantee originally
furnished.

-----END OF SECTION-II -----

28
 SECTION-III

GENERAL CONDITIONS OF CONTRACT(GCC)

29
 SECTION-III
GENERAL CONDITIONS OF CONTRACT (GCC)

Clause Description Page No.

no.
3.1 Definitions 31-33
3.2 Contract Documents 33-34
3.3 Interpretation 34-35
3.4 Notices 36
3.5 Governing Law 36
3.6 Arbitration 36
3.7 Scope of Works 36-38
3.8 Handing Over of the Power Plant 38
3.9 Time for Commencement and Completion 38
3.10 Minimum Targeted Generation 38-39
3.11 Incentive on secondary energy/ Design Energy 39
3.12 Deliverable Energy / Saleable Energy 39
3.13 Plant Availability Factor (PAF) 39
3.14 Target for Plant Availability Factor (TPAF) 39
3.15 Rate of Penalties for shortfall in Generation 40
3.16 Rate of Penalties for shortfall in Targeted PAF 40
3.17 Sale of Energy and Generation of Reactive Power 40
3.18 Metering, Billing & Invoicing 41
3.19 Parallel & Integrated Plant Operations 42
3.20 Statutory Clearances 43
3.21 Liaison with the Owner 43
3.22 Temporary Interruptions in Delivery of Energy 43-44
3.23 Manpower Deployment by O&M Contractor 44-45
3.24 Securities 45-47
3.25 Confidential Information 47
3.26 Representatives 48-49
3.27 Site Regulations and Safety 49
3.28 Loss of or Damage to Property; Accident or Injury to 49
Workers; Indemnification
3.29 Insurance 50
3.30 Spare Parts & Consumables 50
3.31 Issue of Spares from the Inventory of HPSEBL 51
3.32 Tools and Tackles and Measuring Instruments 51-52
3.33 O&M Contractor‟s Liability, Communication Facility 52
and Insurance
3.34 Terms of Payment 52-53
3.35 Rights and Ownership of Property 53
3.36 Termination of Contract 54
3.37 Assignment 56
3.38 Force Majeure 56-57
3.39 Additional Covenants and Explanatory Provisions 57
3.40 Taxes and Duties 58
3.41 Watch & Ward 58
3.42 Handing Back of Power Plants by O&M Contractor to 58-59
Owner

30
 GENERAL CONDITIONS OF CONTRACT

3.1 DEFINITIONS

The following words and expressions shall have the meanings hereby assigned
to them:

3.1.1 Project/Power Plant/Plant/Power House/Power Station means the 2 x 1.5 MW

Holi Hydro Electric Project in Chamba district of Himachal Pradesh including all
the land, civil structures, buildings housing entire equipment/system of the
plants, electrical, mechanical and hydro-mechanical plants and equipment,
associated switchyard& equipment, dedicated telephone lines, telephone and
wireless systems, control weir and gates site, components, appurtenant,
communications, access road on the Village Road(VR), Kuchha/Pucca Roads of
the project, Footpaths, carriageways etc. in the power plant area. It also includes
the mobile and immobile equipments, spares, consumables, tools and tackles
and services provided for successful operation & maintenance of the project.

3.1.2 HPSEBL means Himachal Pradesh State Electricity Board Limited a company
formed and incorporated in India under the Indian Companies Act, 1956/2013.

3.1.3 Contractor means company/society/public sector undertaking/limited concern

who qualifies to do business in the State of Himachal Pradesh, and its permitted
successors and assigns which shall be awarded the work of O&M of the power
plant.

3.1.4 Owner means Himachal Pradesh State Electricity Board Limited and its
permitted successors and assigns.

3.1.5 Property means the power plants

3.1.6 Prudent Utility Practices means those practices, methods, techniques and
standards, as adopted from time to time, that are generally accepted for use in
electric utility industries taking into account conditions in India, and commonly
used in prudent electric utility engineering and operations to design, engineer,
construct, test, operate and maintain equipment lawfully, safely, efficiently and
economically as applicable to power stations of the size, service and type of the
project, and that generally conform to manufacturer‟s operation and
maintenance guidelines.

3.1.7 Designed Energy means the energy computation at the generation-

transformer(s) terminal on the basis of past available discharge data with
HPSEBLtd.

3.1.8 Deliverable Energy means the energy delivered to HPSEBLtd. at the

interconnection points less the actual auxiliary consumption for the bona-fide
use of the auxiliaries, lighting, heating and ventilation in the power station.
.
3.1.9 Saleable Energy means the net energy saleable to HPSEBLtd.

31
3.1.10 Maintenance Outage means an interruption or reduction of the generating
capability of the Project for the purpose of performing work on specific
components which in the opinion of the O&M Contractor and the Owner could
not be postponed until the next Scheduled Outage and shall be scheduled by the
O&M Contractor and allowed by the Owner.

3.1.11 Scheduled Outage means a planned interruption of the generating capacity of

the Project that is scheduled for inspection, routine and preventive maintenance,
corrective maintenance, repairs, replacement or improvement and is not a
Maintenance Outage or Forced Outage.

3.1.12 Forced Outage means an interruption of the generating capacity of the Project
that is not the result of (i) a request by the O&M Contractor or by HPSEBL in
accordance with this Agreement (ii) a Scheduled Outage or a Maintenance
Outage (iii) an event or occurrence of Force Majeure, or (iv) a conditions caused
solely by the Owner or by the grid system.

3.1.13 Reserved Outage means shutdown of a generating unit on instructions of

HPSEBL or any other statutory authority for reasons not attributable to the O&M
Contractor.

3.1.14 Control gates mean all control gates, intake gates, wicket gates, guide gates &
stop logs etc.

3.1.15 Interconnection Point means the point at which interconnection is made

between HPSEBL‟s generation facility and the grid system of [Link] is
located on the High Voltage side (33 kV) of the generation facility of
[Link] the Out Door Switch Yard (ODY) at the power house.

3.1.16 Contract Agreement means the Contract entered into between the Owner and
the Contractor, together with the Contract Documents referred to therein; they
shall constitute the Contract Agreement, and the term "the Contract Agreement"
shall in all such documents be construed accordingly.

3.1.17 Contract Documents means the documents listed in Article 1.1 (Contract
Documents) of the Form of Contract Agreement (including any amendments
thereto).

3.1.18 O&M Contractor means the person who‟s Bid to perform the Contract has been
accepted by the Owner and is named as such in the Contract, and includes the
legal successors or permitted assigns of the Contractor.

3.1.19 Contractor's Equipment means all plant, works, equipment, machinery tools,
apparatus, appliances or things of every kind required for O&M works that are
to be provided by the Contractor.

3.1.20 Contractor's Representative means any person nominated by the Contractor and
named as such in the Contract Document as per GCC sub-clause 3.24.2
(Contractor's Representative) hereof to perform the duties delegated by the
Contractor.

3.1.21 Day means calendar day of the Gregorian calendar.

32
3.1.22 Engineer-in-charge means the Resident Engineer, Khauli Power House Division,
H.P.S.E.B. Ltd., Shahpur, [Link] H.P. to perform the duties delegated by
the Owner.

3.1.23 Works means the O&M services to be carried out by the Contractor under the
Contract.

3.1.24 GCC/SCC means the General Conditions of Contract/Special Conditions of

Contract thereof.

3.1.25 Government of India means President of India and his successors.

3.1.26 Government of Himachal Pradesh means Governor of Himachal Pradesh and

his successors.

3.1.27 O&M services mean those entire services which are to be provided by the
Contractor under the Contract.

3.1.28 Month means calendar month of the Gregorian calendar.

3.1.29 Owner means the Himachal Pradesh State Electricity Board Ltd. having its
registered office at VidyutBhawan Shimla – 171 004 (H.P.) and includes the legal
successors or permitted assigns of the Owner.

3.1.30 Site means the 2 x 1.5 MW Holi Hydro Electric Project.

3.2 CONTRACT DOCUMENTS

3.2.1 The term Contract Documents shall mean and include the following which shall
be deemed to form an integral part of the Contract Agreement.

(a) The Contract Deed and the Appendices thereto.

(b) Notification of Award.
(c) General Conditions of Contract.
(d) Special Conditions of Contract.
(e) Forms & Procedures (as listed).
(f) Technical Requirements & Instructions.
(g) Information for Bidders.
(h) The Bid, Price Schedules and bid specifications submitted by the Bidder.

3.2.2 All the aforesaid Contract Documents including the letter of Notification of
Award shall form an integral part of the Contract Agreement, in so far as the
same or any part thereofconforms to the Bid Documents and what has been
specifically agreed to by the Owner and the Contractor and brought out in the
letter of Award. Any matter inconsistent therewith, contrary or repugnant
thereto or any deviation taken by the Contractor in its "Proposal" but not agreed

33
 to specifically by the Owner in its letter of Award shall be deemed to have been
withdrawn by the Contractor.

3.2.3 The documents mentioned at clause 3.2.1 above forming the Contract Agreement
are to be taken as mutually explanatory of one another.

3.2.4 The Contract Agreement as per Performa annexed is to be signed within 28

(twenty eight) days of the date of the Notification of Award, on a date and time
to be mutually agreed and at the office of the Owner unless otherwise agreed to.
The Contractor shall provide for signing of the Contract Agreement, appropriate
Power of Attorney and the requisite documents. Till such time a formal Contract
Agreement is prepared and executed, the Notification of Award duly accepted
by the successful bidder read in conjunction with the Bid/Contract Documents
will continue to constitute a binding Contract Agreement.

3.2.5 The Contract for supply of all equipment and materials and providing all
services i.e., inland transportation for delivery at site, unloading, storage,
handling at site, installation, testing and commissioning including Performance
Testing in respect of all the equipment supplied and any other services specified
in the contract documents.
3.2.6 The award of contract shall not in any way dilute the responsibility of the
Contractor for successful commissioning of the facilities as per specification and
a breach in contract will confer a right on the Owner to terminate the contract at
the risk and the cost of the Contractor or recover the damages under contract.
3.2.7 In case of contract entered into as above or where the Owner hands over his
equipment to the Contractor for executing the contract, then the Contractor at
the time of taking delivery of the equipment shall furnish Trust Receipt for
Plant, Equipment and Materials and also execute an Indemnity Bond in favor of
the Owner in the form acceptable to Owner for keeping the equipment in safe
custody and to utilize the same exclusively for the purpose of the said contract.
3.2.8 The contract will be signed in two originals, the Contractor shall be provided
with one signed original, and the other will be retained by the Owner.
3.2.9 The Contractor shall provide free of cost to the Owner all the engineering data,
drawing and descriptive materials submitted with the Bid, in at least two (2)
copies to form a part of the contract immediately after issue of Notification of
Award.
3.2.10 Subsequent to signing of the contract, the Contractor at his own cost shall
provide the Owner with at least eight (8) true copies of Agreement (Hard
Bound) within twenty-eight (28) days after signing of the contract.

3.3 INTERPRETATION

3.3.1 Language

[Link] All Contract Documents, all correspondence and communications to be given,

and all other documentation to be prepared and supplied under the Contract
shall be written in English, and the Contract shall be construed and interpreted
in accordance with that language .
34
[Link] If any of the Contract Documents, correspondence or communications are
prepared in any language other than the governing language under GCC sub-
clause [Link] above, the English translation of such documents, correspondence
or communications shall prevail in matters of interpretation.

3.3.2 Entire Agreement

The Contract constitutes the entire agreement between the Owner and the
Contractor with respect to the subject matter of Contract Agreement and
supersedes all communications, negotiations and agreements (whether written
or oral) of parties with respect thereto made prior to the date of Contract
Agreement.

3.3.3 Amendment

No amendment or other variation of the Contract Agreement shall be effective

unless it is in writing, is dated, expressly refers to the Contract Agreement, and
is signed by a duly authorized representative of each party hereto.
3.3.4 Independent Contractor

The Contractor shall be an independent Contractor performing the Contract. The

Contract Agreement does not create any agency, partnership, joint venture or
other joint relationship between the parties hereto.

Subject to the provisions of the Contract Agreement, the Contractor shall be

solely responsible for the manner in which the Contract is performed. All
employees & representatives engaged by the Contractor in connection with the
performance of the Contract shall be under the complete control of the
Contractor and shall not be deemed to be employees of the Owner, and nothing
contained in the Contract Agreement shall be construed to create any
Contractual relationship between any such employees & representatives and the
Owner.

3.3.5 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or

unenforceable, such prohibition, invalidity or unenforceability shall not affect
the validity or enforceability of any other provisions and conditions of the
Contract.

3.3.6 Joint Venture

If the Contractor is a joint venture of two or more firms, all such firms shall be
jointly and severally bound to the Employer for the fulfillment of the provisions
of the Contract and shall designate one of such firms to act as a leader with
authority to bind the joint venture. The composition or the constitution of the
joint venture shall not be altered without the prior written consent of the
Employer.

35
3.4 NOTICES

3.4.1 Unless otherwise stated in the Contract, all notices to be given under the
Contract shall be in writing, and shall be sent by personal delivery, airmail post,
special courier, telegram, facsimile or Electronic Data Interchange (EDI) to the
address of the relevant party, set out in the General Conditions of Contract.

3.4.2 Notices shall be deemed to include any approvals, consents, instructions, orders
and certificates to be given under the Contract.

3.5 GOVERNING LAW

The Contract Agreement shall be governed by and interpreted in accordance

with laws of India.

3.6 ARBITRATION

3.6.1 All disputes or differences in respect of which the decision, if any, of the Project
Manager and/or the Head of the Implementing Authority has not become final or
binding as aforesaid shall be settled by Departmental Grievance Redressal
Committee constituted as under:

1. Chief Engineer (PCA), HPSEBL Chairman

2. Superintending Engineer (P&M), HPSEBL Member
3. Concerned Superintending Engineer, HPSEBL Member
Secretary
4. Accounts Officer nominated by Chief Accounts Member
Officer (CAO), F&A Wing, HPSEBL
5. Concerned Sr. Executive Engineer, HPSEBL Member
6. Dy. Secretary (Law), HSPEBL Member

In case, the claim/representation made by the aggrieved parties is found genuine,

in that eventuality, the Department Grievance Redressal Committee shall
recommend the claim through Chief Engineer (MM) to the WTD of HSPEBL
including Chief Engineer (concerned) & Deputy Secretary (Law) as special
invitees for approval.

In case of any dispute/difference further arising out of said contract, the same
shall be subject of jurisdiction of Civil Court within the territory of Himachal
Pradesh.

3.7 SCOPE OF WORKS

3.7.1 The Himachal Pradesh State Electricity Board Limited Shimla, requires
uninterrupted generation of power at its 2x1.5 MW Holi Hydro Electric Project,
maximized energy output from the available discharge and unhindered evacuation
of power supply and distribution in the local area. The power factor, output in KW,
kVAR, current and voltage form the basis of quality power supply. The Bidder will
Operate, Maintain & Repair the power plant,complete switchyard and newly
constructed control room and will co-ordinate & establish liaison with concerned

36
 authorities of HPSEB Ltd. or any other concerned department and will act as
required to achieve the following objectives :

 Capital maintenance works and procurement of spares as per detail given in

Section –IV „SCC‟.

 Streamlined and efficient Operation and Maintenance (O&M) of the power

plant on complete basis in every respect.

 Minimizing plant down time and trippings etc. and optimizing generation
 Quality power supply
 Adherence to all relevant rules and regulations, instructions and safety
measures in accordance to the existing laws and utility practices &
standards.

 Adherence to standard approved maintenance schedules and operation

procedures of various plant equipment/systems.

 Maintenance and repair of the power plant and complete switchyard to keep
the same in excellent working condition at all times.

 Maintenance and repair of 33/11 kV transformer(s), 11 kV VCB panels and

11 kV outgoing feeders up-to 11 kV structures (only up-to cable
terminations) and control room for interconnection of IPP‟s project to keep
the same in excellent working condition at all times.

 Maintenance of the Civil Components of the project viz. intake, de-silting,

water conductor system, forebay, penstock, tail race, tail race outfall and
power house building etc.

3.7.2 The O&M Contractor is to ensure that these requirements are timely met and
speedy operation and maintenance is carried out round the clock. The energy
generation at the plant is to be maximized by minimizing plant down time,
operating at higher output and efficiency of equipment to ensure „optimal
utilization of water resources‟ and timely plant repairs and maintenance based on
monthly targeted energy outputs and plant running hours. The longer life of the
plant and machinery and civil structures will also be ensured. The optimal
utilization of water resources to maximize power generation is the essence of the
agreement for O&M of the plants.

3.7.3 The O & M Contractor, under the conditions specified, will act on behalf of the
Himachal Pradesh State Electricity Board Limited, to achieve the objectives as
specified above to co-ordinate, liaise, maintain and operate the power plant. The
O&M Contractor shall be responsible forde-silting & its disposal & disposal of
trash from the plant site to a suitable place decided by the HPSEBL near to the
plant for the period of „O&M Contract‟, to supply electricity to Himachal Pradesh
State Electricity Board Limited grid at the interconnection points and observe the
environmental, social, safety, labour laws and other regulations in force, obtain all
necessary authorizations and adhere to laws of the State and Govt. of India.

37
3.7.4 The O&M Contractor is to carry out round the clock plant operations and
maintenance for supply of electricity to HPSEB Ltd., record and report all plant
operations, Plant data and Maintain & submit data on daily, weekly, monthly &
annual basis to HPSEB Ltd. and perform manual observations for power
generation, discharge regulation and maintain water levels upstream and
downstream of the plant. The complete plant data shall be handed over by the
O&M Contractor to the Owner on approved formats in compact discs in
addition to the hard copies. The O&M Contractor will be required to safeguard
the hydraulic regime of the water conductor system at all times and at all costs.
The O&M Contractor will ensure coordination and liaison with all concerned
authorities on behalf of HPSEBLtd., take all safety measures and safe custody of
the plant and equipment within the laws of the State and Govt. of India.

3.8 Handing Over of the Power Plant:

The power plant will be handed over to O & M Contractor simultaneously for
Operation & Maintenance. The Notification for Award of Work will be issued to
O & M Contractor. The O & M Contractor will be given 1 (one) month time from
the date of issue of Notification for Award of Work to identify, mobilize, post
and positionhis personnel, (Plant Manager, Electrical Operators and helper etc.
The plants will be handed over to the O & M Contractor in „as found conditions‟
after the expiry of one month time given to position his personnelwho will
immediately commence the O&M of the plants. However, prior to the handing
over the plant the O & M Contractor & Owner will carry out joint inspection and
a defect list to this effect will be prepared. Based on this report, the O & M
Contractor at his own cost shall immediately take up the necessary repairs of
defective equipment. The power plant has been designed and implemented in
best possible manner for optimum power generation. The O & M Contractor
does not reserve any right to object or probe the existing plant performance or
any equipment or component of the plant. However, any system improvement
can be proposed by the O & M Contractor with cost benefit analysis and the
implementation of which will be at the sole discretion of the Owner.

3.9 TIME FOR COMMENCEMENT AND COMPLETION

3.9.1 The O&M Contract shall commence from date of handing over of the plant.

3.9.2 The term of O&M Contract will be for five years in the first instant which is
renewable up to a total period of ten years, unless terminated earlier for default
or otherwise. The Contract agreement may be renewed after five years based on
the O&M Contractor‟s performance and on mutual agreement subject to change
of per unit rate payable to the contractor.

3.10 Design Energy / Energy availability of the Project

As per DPR, the designed energy output for the 2 x 1.5 MW Holi Hydro Electric
Project is 21.84 MU for 75% dependable year and 21.13 MU for 50% mean year.
Whereas, the design energy and energy availability approved by the HPERC is
17.52 MU and 11.83 MU respectively. As per annual gross energy generated
right from commissioning of project from i.e. from 2004 to 2022, maximum
energy generated during FY-07-08 is 10.83 MU; therefore, energy availability of
11.83MU as per HPERC shall be considered as a target for incentive/penalty
for the contractor, wherever design energy is referred, which shall be
38
 consequently dynamically changed upwards for the next year once the actual
generation during the preceding year is more than the Design Energy / Energy
availability.

The O&M Contractor shall operate and maintain the plant in an efficient
manner and in accordance with all relevant instructions to ensure that as far as
possible the quantum of energy generated and metered at “interconnection
point” in one year shall not be less than the design energy.

3.11 Incentive on Design Energy:

If, energy generated is above the design energy, then incentive shall be paid to
the Contractor at the rate Rs.0.25*P/kwh, (where P =per unit rate, which is
payable to the contractor for energy generation).

3.12 Deliverable Energy / Saleable Energy

Deliverable energy shall be the energy delivered by the power station at the
“Interconnection points” and as measured by the export/import energy meter(s)
installed at the “Interconnection points.”

The deliverable energy shall mean the electrical energy generated by the power
station, as measured at generator-transformer(s) terminals less the actual
auxiliary consumption for the bona-fide use of the auxiliaries, lighting, heating
and ventilation in the power station.

In case the O&M Contractor uses the energy generated in the power station for
his personal use such as residential premises etc. the same shall be payable by
the O&M Contractor to the Owner at the rate HPSEBL tariff.

For this purpose readings of energy meters installed at each auxiliary panel for
residential feeder, generator terminal and export and import check & main
energy meters installed at “interconnection points” at generation facility &
HPSEBL grid shall be taken on monthly basis jointly by the Owner and the
O&M Contractor. In case of grid failure, the deemed generation will not be
allowed/applied in the contract.

3.13 Plant Availability Factor (PAF):

In relation to a generating station for any period means the average of the daily
declare capacities for all the days during that period expressed as a percentage of
the installed capacity in MW reduced by the normative auxiliary energy
consumption.

3.14 Target for Plant Availability Factor (TPAF) shall be as under:

i) In 1st three (3) quarters of operation i.e. March-May, June-Aug, Sep-Nov, in a
year, PAF shall not be less than 95%.
ii) In 4th Quarter of operation i.e. Dec-Feb in a year, PAF shall not be less than
50%.

39
3.15 Rate of Penalties for shortfall in Generation:
Penalty will be waived off for 1st year .Penalties for shortfall in Generation with
respect to the design energy / energy availability (11.83MU) per annum shall be
charged to the contractor @ Rs. 0.25*P/kWH (P is equal to per unit rate which is
payable to the contractor for energy generation).

3.16 Rate of Penalties for shortfall in Targeted PAF:

Penalty will be waived off for 1st year. The percentage plant availability of each
generating unit and power plant shall be calculated for each quarter of a
financial year. In case the percentage availability of any quarter during the
operation falls short of 95% for 1st three quarters or below 50% for 4th quarter,
then the O&M Contractor will pay a penalty at the following rates to the Owner
for the shortfall of each percentage of plant availability of the power plant as
indicated below subject to maximum 10% penalty of the total quarterly earnings
of the O&M Contractor during the quarter of short fall of plant availability.

Sr. Short fall in percentage of Targeted Penalty payable in Rs. by the

No. Plant Availability Factor (TPAF) O&M Contractor
1. Upto 95% of TPAF (for 1st three No Penalty shall imposed.
Quarters)
or
upto 50% TPAF (for 4th Quarter) .
2. Shortfall below For every short fall of one
95% of TPAF (for 1st three Quarters ) percent below TAPF @ of 1%
or percent of quarterly earnings for
50% TPAF (for 4th Quarter) that plant will be paid by O&M
Contractor.

Penalty will impose either on less Plant Availability (PAF) achieved by

contractor or less unit generated by contractor as compare to target fixed. It
shall be calculated on quarterly basis. The contractor shall liable to pay the
penalty which one is calculated on higher side.
The percentage plant availability will be reviewed on quarterly basis for the
purpose of applicability of penalty. Contractor shall / may provide Water
Discharge Monitoring System at upstream of trench weir at his own expense
and hourly discharge data shall be recorded and real time data shall also be
made available to HPSEBL, which shall be stored in the computer of HPSEBL
and Contractor. Based on the above discharge data hourly theoretical maximum
possible generation can be calculated and in case this is less than yearly target
generation the penalty shall be imposed to Bidder/Contractor as per actual
discharge.

3.17 Sale of Energy and Generation of Reactive Power

The O&M Contractor will generate/consume matching MVARs corresponding

to 0.9-1.0 Power Factor (PF) lagging or leading, so that there is no adverse effect
on HPSEBL‟s system. Monthly average PF shall be computed from ratio of KWH
to KVAH injected into HPSEBLtd.‟s system during the month.

40
3.18 Metering, Billing & Invoicing

For measuring and recording the export/import of energy by the O&M

Contractor at the interconnection points, one set of Main and Check meter along
with separate CTs and PTs for main & check meters of 0.2s accuracy class in both
33 kV bays shall be provided by the O&M Contractor and the Owner
respectively at the interconnection points. In addition to these meters, one meter
to record the actual auxiliary consumption for the bona-fide use of the
auxiliaries, lighting, heating and ventilation in the power station shall be
provided by the Contractor. Main and Check meters shall be capable of
measuring and recording the following parameters for various time/frequency
blocks as per Prudent Utility Practices:
i) Active Energy (KWH) export & import.
ii) Reactive Energy (KVARH) export & import.
iii) Frequency (Hz)
iv) Maximum demand, export & import, in kVA/kW for each demand period
and for the total period since last reset.

v) KWH and KVARH, export & import, since last reading.

vi) Real time and time of the day metering.
vii) Number of resets.
All the Meters, CTs and PTs described above shall be jointly inspected and
sealed by the O&M Contractor and the Owner and these shall not be interfered
with by the O&M Contractor/Owner except in the presence of the
representatives of the two parties. For testing and calibration of meters, a notice
of at least 7 (seven) days shall be given by the O&M Contractor or Owner for
testing to enable the authorized representatives of the two Parties to be present.

All meters, CTs and PTs shall be checked for accuracy once in every 6 (six)
months by the two parties and shall be treated as working satisfactorily so long
as the errors are within the limits prescribed for such meters.

Meter readings of the Main Meter, installed at interconnection point (For

export/import of power to HPSEBL) will form the basis of billing/invoicing by
the O&M Contractor to the Owner so long as the half yearly checks thereof are
within the prescribed limit. If either of the meters is found to be defective during
these checks that will be immediately tested/calibrated/repaired/replaced by
the O&M Contractor (Main meter)/the Owner (Check Meter) at own cost.

Where the half yearly check indicates errors in the Main Meters beyond the
prescribed limit but no such error is noticed in the Check Meter, installed at
interconnection point (For the cross check of export/import of power to
HPSEBL)billing for the month up to the date & time of such test check will be
done on the basis of Check Meter by the O&M Contractor and the Main Meters
will be re-calibrated/replaced immediatelyby the O& M [Link] O&M
Contractor and the Owner shall maintain one set each of meters and metering
equipment as spare for replacement of the defective meters and metering
equipment and to ensure correct metering at all time.
41
 If during the half yearly checks, both the Main meters and the Check Meters are
found to be beyond permissible limits of error, the meters shall be immediately
re-calibrated and the correction shall be applied to the consumption registered
by the Main Meters to arrive at the correct consumption of energy for
billing/invoicing purposes for the period of the month up to the time of such
check. Billing for the period thereafter till the next monthly meter reading shall
be measured by re-calibrated Main Meters.

Corrections in billing/invoicing, whenever necessary, shall be applicable to the

period between date & time of the previous test calibration and the date & time
of the test calibration in the current month when the error is observed and this
correction shall be for the full value of the absolute error. For the purpose of the
correction to be applied, the meter shall be tested at 100,75,50,25 & 10 percent
load at unity, 0.85 & 0.75 lagging/leading power factors. Of these fifteen values,
the error at the load and power factor nearest the average monthly load served
at the point during the period shall be taken as the error to be applied for
correction.

The billing/invoicing will be normally done on the basis of readings recorded by

the Main Meter installed at interconnection pointslessthe actual auxiliary
consumption for the bona-fide use of the auxiliaries, lighting, heating and
ventilation in the power [Link] case, the Main Meter or Metering Equipment
or both Meter & Equipment becomes defective, the billing/invoicing to the
Owner by the O&M Contractor shall be done on the basis of Check meter
readings. However, the Contractor will procure/replaceMeteror Metering
Equipment or both Meter & Metering Equipment immediately to record correct
readings.

If both the Energy Meters located at interconnection point fail to record the
Electricity supplied then the Electricity supplied will be computed from the log
sheets maintained at Power Station for that period of defect which shall be final
& binding on the O&M Contractor and the Owner subject to immediate notice
by the O&M Contractor for such occurrence of defect in Main and Check meters.

For the purpose of test & calibration, the sub-standard meter shall be got
calibrated and sealed from a reputed testing Laboratory. This meter shall be
calibrated once in every 2 years.

3.19 Parallel & Integrated Plant Operations

The O&M Contractor shall run the plant in isolation mode or as a part of
integrated system to generate power in parallel with the grid and shall inject
three phase 50 Hz. (nominal) AC supply into HPSEBL‟s system.

In matters relating to grid operations and load dispatch, the directions of State
Load Dispatch Centre, HPSEBL, Totu, Shimla or the officer who may be
authorized by the HPSEBL shall be strictly complied with by the O&M
Contractor. Any dispute on this account shall be referred to the Chief Engineer
(System Operation& Planning), VidyutBhawan, Shimla – 171004 of HPSEBL
whose decision shall be final.
42
3.20 Statutory Clearances

All required clearances, permissions and approvals have already been obtained
by the Owner. However, the O&M Contractor will be responsible for obtaining
subsequent/periodic permits/clearances as per statutory/obligatory provisions.
The O&M Contractor will also comply with the stipulations of the
permits/clearances and shall ensure that such permits/clearances are kept in
force throughout the lease agreement period. It was further clarified that
necessary clearances of accuracy of meters/metering equipment, protection
system, correct installations of equipment, safety provision etc. required from
Chief Electrical Inspector, Deptt. of Telecommunication for Wireless System,
Pollution Control Board & the Labour Commissioner will also be obtained by the
O&M Contractor. The fees/charges on account of statutory clearance shall be
reimbursed to the O&M Contractor as per actual.
The O&M Contractor shall be responsible at his own expense to ensure that the
Power plant is operated and maintained in accordance with all legal
requirements including the terms of all consents/clearances/permits and
Prudent Utility Practices within the acceptable technical limits so as not to have
an adverse effect on the HPSEBLtd.‟s Grid System, Irrigation System and
environment. Personnel employed by the O&M Contractor shall meet any
applicable laws, rules, regulations and requirements in force from time to time in
the State of Himachal Pradesh/Union of India.

The Owner shall have the right to designate from time to time its
officers/officials who shall be responsible for inspecting the Power plants for the
purpose of verifying the compliances of the terms of the agreement.

3.21 Liaison with the Owner

The O&M Contractor shall closely liaise with all concerned departments on
behalf of the Owner including the Owner, all offices & Load Dispatch Centre
and/or other designated officers/officials of HPSEBL & other concerned offices
during the period of Contract Agreement. During the period, this agreement is
in force, the O&M Contractor shall give 7 (seven) days prior intimation of its
annual maintenance programme to the Owner. The O&M Contractor will also
furnish in the last week of every month supply plan indicating the total quantum
of electricity likely to be delivered in the next month from the plant.

3.22 Temporary Interruptions in Delivery of Energy

The Owner may require the O&M Contractor to temporarily curtail or interrupt
delivery of energy, when necessary, in the following circumstances:

a. For repair, replacement and removal of the equipment or any part of its
system associated with the O&M Contractor‟s facility. However, as far as
practicable such an event shall be scheduled during the annual shut-down
period of the generation facilities.

b. Load crash in HPSEBL Grid System due to wide spread rains and lightening
strokes.
43
 c. Conditions leading to over-loading of interconnecting transformers,
transmission lines and switch gears due to outage of some equipment at
HPSEBL power system.

d. If the Owner determines that the continued operation of the O&M

Contractor‟s generation facility may endanger the safety of the HPSEBL‟s
personnel or integrity of the Board‟s electric system or have an adverse
effect of the electric service to the Board‟s other customers.

e. Under Force-Majeure Conditions of the Board or otherwise.

f. Instructions for the disconnection of the O&M Contractor‟s generation

facility from the HPSEBL‟s system shall be notified by the designated Load
Dispatch Centre for the period/duration indicated by it. However, the
Board shall take all reasonable steps to minimize the number & duration of
such interruptions, curtailments or reductions.

3.23 Manpower Deployment by O&M Contractor

3.23.1. The O&M Contractor will deploy the required experienced, competent & well
qualified manpower as per Power Utility Practices for round the clock smooth
and efficient Operation & Maintenance, supervision & monitoring, proper
liasioning with the concerned departments/authorities and proper interaction
with the Owner for all related matters to the plants and to achieve the objectives
set forth in the document. The manpower deployed at the plants for operation
should be well conversant with the safety instructions. The Contractor is
encouraged to use local labour that has the necessary skills.

3.23.2 The O&M Contractor will also supplement the manpower with additional
qualified and experienced personals as and when required for smooth & efficient
O&M and during annual maintenance/capital maintenance. The O&M
Contractor will submit the details of the personnel proposed indicating their
qualification, experience etc. to be deployed by him in Envelope – I.

3.23.3 The Owner reserves the right to direct the O&M Contractor to remove any of the
personal deployed for O&M if his performance or conduct is found
unsatisfactory at the plants.

3.23.4 Owner will depute its staff for inspection, supervision & monitoring of operation
and maintenance of plants, schedules and other covenants to the project area
under the Contract Agreement. Such visits may be made from time to time
without prior information to the O&M Contractor. An inspection book will be
kept at the plant for any written instructions by the Owner or its authorized
representatives as may be necessary. The O&M Contractor will comply with
these instructions.
3.23.5 Unless otherwise provided in the Contract, the Contractor shall be responsible
for the recruitment, transportation accommodation and catering of all labour,
local, or expatriate, required for the execution of the Contract and for all
payments in connection therewith.

44
3.23.6 The Contractor shall be responsible for obtaining all necessary permit(s) and/or
visa(s) from the appropriate authorities for the entry of all labour and personnel
to be employed on the Site.

3.23.7 The Contractor shall at its own expense provide the means of repatriation to all
of its and its sub-Contractor's personnel employed on the Contract at the Site to
their various home states. It shall also provide suitable temporary maintenance
of all such persons from the cessation of their employment on the Contract to the
date programmed for their departure. In the event that the Contractor defaults in
providing such means of transportation and temporary maintenance, the Owner
may provide the same to such personnel and recover the cost of doing so from
the Contractor.

3.23.8 The Contractor shall at all time during the progress of the Contract use its best
endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by
or amongst its employees and the labour of its [Link] generation
loss on account of such unlawful, riotous or disorderly conduct or behaviour by
or amongst its employees and the labour of its sub-Contractors shall be
considered as non-availability of power plant and penalty on account of this
shall be levied as per provision of this contract.

3.23.9 The Contractor shall, in all dealings with its labour currently employed on or
connected with the Contract, pay due regard to all recognized festivals, official
holidays, religious or other customs and all local laws and regulations pertaining
to the employment of labour.

3.24 SECURITIES

3.24.1 Contract Performance Security

[Link] Within 28 (twenty eight) days after receipt of letter of award but not later than
the signing of the Contract Agreement, the successful Bidder shall be required to
furnish to the Owner, a Contract Performance Security in the form of an
irrevocable Bank Guarantee from following mentioned Indian Banks for an
amount of Rs. 15,00,000/- (Fifteen lacs only) valid for the full duration of the
O&M Contract, as per Performa annexed to Bid document for the satisfactory
performance of Contract in accordance with the conditions of the Contract. The
Contract Performance Security can also be in the form of a Fixed Deposit Receipt
duly pledged in favour of the The Resident Engineer power House Division
HPSEBL Khauli at Drini District Kangra (H.P) as per Performa annexed to Bid
document.

Private Banks are allowed for the submission of Performance Security BGs as per
list given below

1 HDFC Bank Ltd.

2 Axis Bank Ltd.
3 Kotak Mahindra Bank Ltd.
4 Federal Bank Ltd.
5 Indusind Bank Ltd.
6 Development Credit Bank Ltd.
7 ING Vysya Bank Ltd.
45
 8 Karnataka Bank Ltd.
9 Karur Vysya Bank Ltd.
10 Ratnakar Bank Ltd.
11 South Indian Bank Ltd.
12 Yes Bank Ltd.
13 ICICI Bank
14 IDFC Bank

[Link] The security shall be denominated in Indian Rupees and shall be in the form of
bank guarantee attached hereto in the section on Forms and Procedures, or in
another form acceptable to the Owner.
[Link] The Performance Security will be returned to the Contractor without any interest
within 60 days after the expiry of the term of the Contract Agreement on
submission of no claim certificate unless otherwise specified.
[Link] It is expressly understood and agreed that the above Contract Performance
Security is intended to secure the performance of entire Contract. It is also
expressly understood and agreed that the Contract Performance security is not
to be construed as limiting the damages as detailed under the Technical
Requirements & [Link] any other damages stipulated in other clauses
in the Contract Documents.

3.24.2 Special Capital Maintenance Works Performance Security (optional)

[Link] Within 90 (ninety) days after receipt of letter of award but not later than the
submission of 1st bill/invoice, the successful Bidder shall be required to furnish
to the Owner, a Special Capital Maintenance Works Performance Security in the
form of an irrevocable Bank Guarantee from an Indian Nationalized Bank for an
amount equal to the cost (to be notified by the Owner in the notice of Award) of
all the works & procurement of spares listed in section-IV as well as envisaged
by the bidder and investment to be made as per the commitment given in the
schedule-3 of price schedule,valid for 90 days beyond the completion of Special
Capital maintenance works& procurement of spares (i.e. 90 days beyond first2
(two) years of O & M Contract), as per Performa annexed to Bid document for
the faithful execution of Special maintenance works in accordance with the
special conditions of the Contract.

[Link] The security shall be denominated in Indian Rupees and shall be in the form of
bank guarantee attached hereto in the section on Forms and Procedures, or in
another form acceptable to the Owner.

[Link] The BG will be released to the Contractor within 90 days after the completion of
all the Special Capital maintenance works& procurement of sparesto the best
satisfaction of Engineer-in-charge and on submission of completion certificate of
Special O & M worksto be issued by the Engineer-in- charge unless otherwise
specified.

[Link] It is expressly understood and agreed that the above Special Capital
Maintenance works Performance Security is intended to secure the performance
of entire Special Capital Maintenance works& procurement of spares. It is also
expressly understood and agreed that Special Capital maintenance works &
Procurement of SparesPerformance security is not to be construed as limiting the
46
 damages as detailed under the Technical Requirements & Instructions and any
other damages stipulated in other clauses in the Contract Documents.

3.24.3 Claims under Securities

Whether or not the Performance Security (ies) is(are) stated by its terms to be
payable on the demand of the Owner, the Owner shall not make a claim under
the Performance Security (ies) unless one of the following conditions is satisfied:

a) The Contractor is in breach of the Contract and fails to remedy the breach
within 30 (thirty) days after receiving written notice from the Owner
requiring him to do so. The notice shall state the intention to claim under
Performance Security(ies), the amount claimed and the breach relied upon,
or

b) The Owner has obtained an award in arbitration and the amount awarded
has not been paid within 45 (forty five) days after the award, or

c) The Contractor has gone into liquidation or is bankrupt, or

d) Any other reason specifying the default of the Contractor by the Owner.
In every case the Owner shall, when making the claim, send a copy to the
Contractor.

3.25 CONFIDENTIAL INFORMATION

3.25.1 The Owner and the Contractor shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party any
documents, data or other information furnished directly or indirectly by the
other party hereto in connection with the Contract, whether such information
has been furnished prior to, during or following termination of the Contract.

3.25.2 The Owner shall not use such documents, data and other information received
from the Contractor for any purpose other than the operation and maintenance
of the works. Similarly, the Contractor shall not use such documents, data and
other information received from the Owner for any purpose other than the
design, procurement of plant and equipment construction of or such other work
and services as are required for the performance of the Contract.

3.25.3 The obligation of a party under GCC sub-clause 3.23.1 and 3.23.2 above,
however, shall not apply to that information which

a) now or hereafter enters the public domain through no fault of that party.
b) can be proven to have been possessed by that party at the time of disclosure
and which was not previously obtained directly or indirectly, from the other
party hereto.

otherwise lawfully becomes available to that party from a third party that has
no obligation of confidentiality.

47
3.25.4 The above provisions of this GCC Clause 3.23 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 works or any part thereof.

3.25.5 The provisions of this GCC Clause 3.23 shall survive termination, for whatever
reason, of the Contract.

3.26 REPRESENTATIVES

3.26.1 Engineer-in-charge

The Resident Engineer, Khauli Power House Division, H.P.S.E.B. Ltd., Shahpur,
Distt. Kangra H.P. shall be the Engineer-in-charge. The Engineer-in-charge shall
represent and act for the Owner at all times during the currency of the Contract.
All notices, instructions, orders, certificates, approvals and all other
communications under the Contract shall be given by the Engineer-in-charge
except as herein otherwise provided.

All notices, instructions, information and other communications given by the

Contractor to the Owner under the Contract shall be given to the Engineer-in-
charge except as herein otherwise provided.

3.26.2 Contractor's Representative

[Link] The Contractor's Representative at site shall be named before or at the time of
signing the Contract.

[Link] The Contractor's Representative shall represent and act for the Contractor at all
times during the currency of the Contract and shall give to the Engineer-in-
charge all the Contractor's notices, instructions, information and all other
communications under the Contract.

All notices, instructions, information and all other communications given by the
Owner or the Engineer-in-charge to the Contractor under the Contract shall be
given to the Contractor's representative or, in his absence, his deputy, except as
herein otherwise provided.

The Contractor shall not revoke the appointment of the Contractor's

representative without the Owners prior written consent, which shall not be
unreasonably withheld.

[Link] The Contractor's representative may, subject to the approval of the Owner
(which shall not be unreasonably withheld), at any time delegate to any person
any of the powers, functions and authorities vested in him or her. Any such
delegation may be revoked at any time. Any such delegation or revocation shall
be subject to a prior notice signed by the Contractor's representative and shall
specify the powers, functions and authorities thereby delegated or revoked. No
such delegation or revocation shall take effect unless and until a copy thereof has
been delivered to the Owner and the Engineer-in-charge.

48
 Any act or exercise by any person of powers, functions, and authorities so
delegated to him or her in accordance with this GCC sub-clause [Link] shall be
deemed to be an act or exercise by the Contractor's Representative.

[Link] Notwithstanding anything stated in GCC sub-clause 3.24.1 and 3.24.2 above, for
the purpose of execution of Contract the Owner and the Contractor shall finalize
and agree to a Contract coordination procedure and all the communication
under the Contract shall be in accordance with such Contract co-ordination
procedure.

[Link] The Owner reserves the right to remove any representative employed by the
Contractor in the execution of the Contract if his performance or conduct is
found unsatisfactory.

3.27 Site Regulations and Safety

The Owner and the Contractor shall establish Site regulations setting out the
rules to be observed in the execution of the Contract at the Site and shall comply
therewith. The Contractor shall prepare and submit to the Owner, with a copy to
the Engineer-in-charge proposed Site regulations for the Owner's approval,
which approval shall not be unreasonably withheld.

Such Site regulations shall include, but shall not be limited to rules in respect of
security, safety of the works, gate control, sanitation, medical care, and fire
prevention.

3.28 Loss of or Damage to Property; Accident or Injury to Workers;

Indemnification

3.28.1 The Contractor shall indemnify and hold harmless the Owner and its employees
and officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses, of
whatsoever nature, including attorney's fees and expenses, in respect of the
death or injury of any person or loss of or damage to any property (other than
the works whether accepted or not), arising in connection with the supply and
Maintenance of the works and by reason of the negligence of the Contractor or
their employees, officers or agents, except any injury, death or property damage
caused by the negligence of the Owner, its Contractors, employees, officers or
agents.

3.28.2 If any proceedings are brought or any claim is made against the Owner that
might subject the Contractor to liability under GCC sub-clause 3.26.1 the Owner
shall promptly give the Contractor a notice thereof and the Contractor may at its
own expense and in the Owner's name conduct such proceedings or claim and
any negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Owner within 30 (thirty) days after receipt of
such notice that it intends to conduct any such proceedings or claim, then the
Owner shall be free to conduct the same on its own behalf. Unless the Contractor
has so failed to notify the Owner within the 30 (thirty) days period, the Owner
shall make no admission that may be prejudicial to the defense of any such
proceedings or claim.
49
3.29 INSURANCE

The Contractor shall at its expense take out and maintain in effect, during the
performance of the Contract, the following insurances set forth below

a) All risk Insurance

All risk Insurance covering physical loss or damage to the electro-

mechanical, electrical & hydro-mechanical equipment of the Hydro Electric
Project for the entire duration of the Contract. The Owner shall be named
as co-insurant and all claims shall be preferred and received by the
[Link], the claim shall be passed on to the Contractor in-case
remedial measures are undertaken by the Contractor.

b) Third Party Liability Insurance

Third Party Liability Insurancecovering bodily injury or death suffered by

third parties occurring in connection with the works under the Contract.

c) Worker's Compensation

Worker's Compensation in accordance with the statutory requirements

applicable in any country where the Contract or any part thereof is
executed.

3.30 Spare Parts & Consumables

The Owner has already purchased certain spare parts for the plant. The aforesaid
spares parts which are already available with the Owner will be made available to
the O&M Contractor at the stock issue price which shall be finalized before issue of
Letter of Award.
The standby spares/motors/components (other than spares/stores indicated in the
above para) available with HPSEBL shall be handed over to the O&M Contractor
for replacement during breakdowns to minimize the breakdown time of the plants.
However, these spares/motors shall always be kept in good working conditions
through immediate repairs of defective spares & maintenance of unused spares by
the O&M Contractor for replacement to minimize the plant downtime. The O&M
Contractor will build up sufficient inventory of standby items &normal spares of
its own over & above the spares available with HPSEBL and listed in Section-IV of
the specification which is required to minimize the down time of the plants.
However, extra standby spares/ motors/ components/ equipments required for
minimizing the down time shall be arranged by the O&M Contractor at his own
cost. The O&M Contractor will prepare a list of such spares & standby items and
shall be procured by the O&M Contractor immediately after issue of Letter of
Award. This list of spares is minimum & not restricted to this extent & may vary
depending on actual requirement. The Owner can advise the O&M Contractor for
procurement of additional spares which shall be a binding on O&M Contractor.
Before taking over the plants the O&M Contractor will take procurement action
and goods shall be procured at the earliest. The list of spares and standby items is
enclosed with the O & M Agreement and will become part of the agreement.
50
 Notwithstanding the above, the O&M Contractor shall be responsible for
providing all routine, preventive breakdowns, capital maintenance spares and
consumables for which O&M Contractor shall build up his own inventory of
spares and consumables including standby provisions based on likely
replacements during the Contract Agreement. All expenses on replacement/repair
are to be borne by O&M Contractor including labour and technical supervision,
which may be required. The O&M Contractor will have to contact the
vendors/manufacturers himself for purchase of spare parts from original
equipment manufacturers. Owner will facilitate if required to the O&M Contractor
for the purpose of procurement of these spares expeditiously. In case these spares
from original manufacturers are not available then O&M Contractor will explore
the possibilities of purchasing the spare parts from other manufacturers of the same
specifications but before placement of order the O&M Contractor will take
approval of Owner to the specifications of the product and of the
vendor/manufacturers. Sufficient spare parts and consumables will be stored at
the plant by the O&M Contractor at all times to minimize breakdown time and
consequent generation loss.

The standby items and spare parts for maintenance of plants including building
will require following types of inventory and record to be kept by the O&M
Contractor.

 Consumables
 Routine maintenance spares
 Breakdown maintenance spares
 Capital spares and
 Standby Items

The O&M Contractor may take insurance cover for burglary and theft for his
stores at his own cost, if so desired by him.

3.31 Issue of Spares from the inventory of HPSEBL

The Owner will issue the available spares in the stores of HPSEBL to the O&M
Contractor on requisition by the O&M Contractor and the Owner will deduct the
cost of spares/stores at the stock issue rates from the monthly share of revenue
receipts payable to O&M Contractor by the Owner.

3.32 Tools and Tackles and Measuring Instruments:

Immediately after handing over of the plant to the O&M Contractor, the Owner
will hand over all such tools and tackles and measuring instruments, which have
been supplied with the plant and equipment by the manufacturers. These tools
and tackles and measuring instruments shall be properly maintained & repaired
and shall always be kept in good condition by the O&M Contractor at his own
expense. All these tools and tackles and measuring instruments shall be
returned in good condition by the O&M Contractor to the Owner after the expiry
of the O&M Contract Agreement.

51
 All other tools and tackles and measuring instruments required for operation
and maintenance of the plant shall be provided by the O&M Contractor at his
own expense. These goods shall be immediately identified and procured by the
O&M Contractor after issuance of Letter of Award but before taking over the
plants.

3.33 O&M Contractor‟s Liability, Communication facility and Insurance

Immediately within fifteen days of handing over of the plant by the Owner to
the O&M Contractor, the O&M Contractor will obtain an Insurance Policy from
insurance company against loss or damage by „FIRE‟ to the plant and machinery
of the power station and associated switchyard including dedicated telephone
lines at his own cost.

The breakdown insurance cover against breakdown risk of the costly & main
equipment of the plants i.e. Turbines, Gear Boxes, Main Transformers &
Generators shall also be taken by the O&M Contractor at his own cost within
fifteen days of the taking over of the project.

From commencement to completion of the Contract Agreement as a whole, the

O&M Contractor shall be fully responsible for the care thereof and for taking
precautions to prevent loss or damage to the plant. He shall be liable for any
damage or loss that may happen to the civil structures, plant and machinery and
switchyards or any part thereof.

The Owner‟s plant and machinery, materials, civil structures etc. shall always be
kept in good order and condition in every respect to the highest accepted
industry standards.

The O&M Contractor shall maintain & avail all existing communication facilities
such as telephones & wireless systems provided at the plants at his own cost and
will pay the bills/license fees regularly to avoid disconnection.

The O&M Contractor shall at his own expense arrange for the safety provisions
and shall comply with the requirements in respect of Operation & Maintenance
(O&M) of civil structures, control weir and gates/site, and plant and equipment,
as laid down in the Manuals, manufacturer‟s O&M instructions for the
equipment, Indian Electricity Act, Indian Electricity Rules and Instructions given
by Owner‟s officers.

3.34 Terms of Payment

3.34.1 Payments for O&M of the plant for the duration of the Contract will be made by
the Owner to the O&M Contractor, against monthly claims.

3.34.2 In the first 2 years of O&M contract, 60 % of monthly payment shall be released
and 40 % of monthly payment shall be retained. The retained amount shall be
released within 2 (two) months of successful completion of all the works &
procurement of spares listed in section-IV as well as envisaged by the bidder and
52
 investment made as per the commitment given in the schedule-4 of price
schedule to the entire satisfaction of Engineer-in-charge. No interest on the
retained amount shall be paid to the contractor by the owner.

Alternatively, the Contractor can opt for the submission of Bank Guarantee in
pursuance to ITB clause 2.27 and GCC clause 3.22.2.

100 % of monthly payment shall be released after the submission of Special

Capital Maintenance Works Performance Security if the Contractor opted for the
same.

3.34.3 Payments of incentives on energy generation for the power plant will be made
on yearly basis against the claims filed by O&M Contractor, duly supported by
calculations and documentary evidence of energy generated in a year in excess
of 100 % of the design energy of one year.

3.34.4 Penalty calculations for shortfall in Percentage Annual Availability of the power
plant shall be carried out by the Owner on quarterly basis on the basis of plant
availability data submitted to the Owner by the O&M Contractor on prescribed
format on monthly basis. The Owner will verify the calculations of plant
availability submitted by the O&M Contractor. The penalty if any levyable on
the O&M Contractor, the same shall be deducted from O&M Contractor‟s
monthly bills and other dues as and when due.

3.34.5 The payments will be released by the Owner within 30 days of submission of
technically and commercially clear claims by the O&M Contractor.

3.34.6 Three sets of invoices shall be sent to the Resident Engineer, Khauli Power
House Division, H.P.S.E.B. Ltd., Shahpur, Distt. Kangra H.P.

3.35 Rights and Ownership of Property

3.35.1 Right of Ownership

The power plant including its land, civil structure and plants and equipment are
the property of Govt. of Himachal Pradesh/HPSEBL. The Owner shall have all
rights to access and inspection of the plants at all reasonable time and make
comments and take observations on the satisfactory performance of these plants.
3.35.2 Signs and Barriers
O&M Contractor shall have the right to install and display advertising and
warning signs or barriers at the Properties, provided such signs and barriers are
reasonable in their content and size and may remove the same upon termination
of this Contract; provided, however, that upon removing the same O&M
Contractor shall restore the Properties to the condition it was prior to the
installation of such signs or barriers.

3.35.3 Owner‟s Right of Access to the Properties

O&M Contractor agrees that Owner and its authorized representatives shall
have the right at all reasonable times to enter upon the Properties and to
53
 examine and inspect the Properties, including such rights of access to the
Properties as may be reasonably necessary for the maintenance and operation of
the power plants.

3.36 Termination of Contract

3.36.1 Termination of Contract due to Failure to obtain Permits or occurrence of

default.

If O&M Contractor is unable to obtain all the necessary permits or licenses or

authorizations, which may be required from any regulatory agency of the Govt.
of Himachal Pradesh or Govt. of India or of any other state in India to produce
hydro-electric power and to carry out O&M of the power plant or O&M
Contractor defaults in any of the provisions of this Contract Agreement, Owner
may, without liability of any kind to Owner, declare this Contract agreement as
terminated. It is agreed, that before any termination hereof, Owner shall be
giving a reasonable time and notice of 21 (twenty one) days to the O&M
Contractor to rectify such defaults.

3.36.2 Events of Default Defined

The following shall also be “events of default” under this Contract and the terms
“event of default” or “default” shall mean, whenever they are used in this
Contract, any one or more of the following events:

a. Failure by O&M Contractor to observe and perform any covenant,

condition, or agreement in this Contract Agreement on the part of O&M
Contractor to be observed or performed, other than as referred, for a
period of 21(twenty one) days after written notice thereof specifying the
failure and requesting that it be remedied, given to O&M Contractor by
Owner, unless Owner shall agree in writing to an extension of such time
prior to its expiration.

b. O&M Contractor

(i) Unable to rectify the defaults pursuant to various clauses of this

agreement;
(ii) becoming insolvent;
(iii) being unable, or admitting in writing its inability, to pay its debts
as they mature;
(iv) failing to promptly lift any execution, which, in the judgment of
Owner, impairs the ability of O&M Contractor to carry on its
business operations;
(v) making a general assignment for the benefit of creditors or to an
agent authorized to liquidate any substantial amount of its
property;
54
(vi) filing a petition in bankruptcy or for reorganization or to effect a
plan or other arrangement with creditors under the provisions of
the Bankruptcy Act, as amended, or under any similar act in any
domestic or foreign jurisdiction which may now be in effect or
hereafter enacted;
(vii) applying to a court for the appointment of a receiver for any of its
assets;
(viii) having a receiver appointed for any of its assets (with or without
the consent of O&M Contractor) and such receiver not being
discharged within 60 (sixty) days after his appointment;
(ix) if the Contractor assigns or transfers the Contract or any right or
interest therein in violation of the provision of GCC Clause 3.37
(Assignment).
(x) if the Contractor, in the judgment of the Owner has engaged in
corrupt or fraudulent practices in competing for or in executing
the Contract;
For the purpose of this sub-clause:
"Corrupt practice" means the offering, giving receiving or
soliciting of anything of value to influence the action of a public
official in the procurement process or in Contract execution.
"Fraudulent practice" means a misrepresentation of facts in order
to influence a procurement process or the execution of a Contract
to the detriment of the Owner and includes collusive practice
among Bidders (prior to or after Bid submission) designed to
establish Bid prices at artificial non-competitive levels and to
deprive the Owner of the benefits of true and open competition.
(xi) has abandoned or repudiated the Contract;
(xii) has without valid reason failed to commence work on the works
promptly or has suspended the progress of Contract performance
for more than 30 (thirty) days after receiving a written instruction
from the Owner to proceed;
(xiii) persistently fails to execute the Contract in accordance with the
Contract Agreement or persistently neglects to carry out its
obligations under the Contract Agreement without just cause;

55
 (xiv) refuses or is unable to provide sufficient materials, services or
labour to execute the works in the manner specified.

The Owner may, without prejudice to any other rights it may possess under the
Contract, give a notice to the Contractor stating the nature of the default and
requiring the Contractor to remedy the same. If the Contractor fails to remedy or
to take steps to remedy the same within 14 (fourteen) days of receipt of such
notice, then the Owner may terminate the Contract forthwith by giving a notice
of termination to the Contractor. The termination of the Contract shall amount to
breach of Contract by the Contractor and the Contractor shall be liable for
forfeiture of his contract performance security (ies) pursuant to GCC sub clause
[Link] & [Link] and retained amount pursuant to clause 3.34.2. The Owner
shall be entitled to complete the left out/unexecuted works from other sources
entirely at the risk, responsibility and cost of the Contractor.

3.37 ASSIGNMENT

Neither the Owner nor the Contractor shall, without the express prior written
consent of the other (which consent shall not be unreasonably withheld), assign
to any third party the Contract or any part thereof, or any right, benefit,
obligation, or interest therein or there under, except that the Contractor shall be
entitled to assign either absolutely or by way of charge any monies due and
payable to it or that may become due and payable to it under the Contract.

3.38 Force Majeure

3.38.1 Force Majeure Events
The Force Majeure Events shall mean one or more of the following acts or events:

i) Acts of God or events beyond the reasonable control of the Affected Party
which could not reasonably have been expected to occur such as extreme
adverse weather or environmental conditions, lightning, heavy rains, heavy
snowfall, cyclones, tempest, whirlwind, landslides, storms, floods, volcanic
eruptions or fire (to the extent originating from a source external to the site or
not designed for in construction works);

ii) Radioactive contamination or ionizing radiation;

iii) An act of war (whether declared or undeclared), invasion, armed conflict or act
of foreign enemy, unexpected call up of armed forces, blockade, embargo,
blockade, rebellion, riot, religious strife, bombs or civil commotion, sabotage,
terrorism;

iv) Strikes or boycotts interrupting operations of the Project;

v) Any judgement or order of any court of competent jurisdiction or statutory

authority in India made against the Company in any proceedings for the reason
other than failure of the Company to comply with any Applicable Law or
Clearances or on account of breach thereof, or of any contract, or enforcement of
this Agreement; or

56
 vi) Any other event or circumstance of a nature analogous to the foregoing.

3.38.2 Notification obligations

If a Party is affected by any Force Majeure event, the affected Party shall give the
other Parties written notice describing the particulars of the Force Majeure event
as soon as reasonably practicable after its occurrence but not later than five days
after the date on which such Party knew of the commencement of the Force
Majeure event or of its effect on such Party.
3.38.3 Obligations of Parties in case of Force Majeure event
i) The Parties shall co-operate and discuss in good faith and will develop the
proposal for remedial measures and reasonable alternative measures to
remove / remedy Force Majeure event to enable the Performance of the
effected Party provided however that no Party shall be required under this
provision to settle strike or other labour dispute.
ii) Upon the occurrence and during the subsistence of any Force Majeure event,
none of the parties shall be relieved of their liabilities / obligations.

3.39 Additional Covenants and Explanatory Provisions

3.39.1 O&M Contractor shall comply with all central, state, and local laws, ordinances,
rules, regulations, and executive orders pertaining to unlawful discrimination on
account of race, colour, creed, religion, origin, sex, marital status, status with
regard to public assistance, disability, or age. O&M Contractor shall further
comply at its expense with all central, state, and local laws and ordinances, and
all applicable rules, regulations, and standards established and orders issued by
any agency of such governmental units, which are now or hereafter promulgated
in so far as they relate to O&M Contractor‟s O&M of hydroelectric power plant
at the project and of O&M Contractor‟s performance of the provisions of this
Contract.
3.39.2 Owner shall have full access to all records of O&M Contractor relating to the
performance of this Contract.

3.39.3 O&M Contractor agrees to maintain records relating to all goods and services
provided by it under the terms of this Contract. O&M Contractor shall retain all
such documentation for 3 (three) years following the termination of this
Contract. Such records shall be made available for audit or inspection at any
reasonable time upon request of Owner, the State Auditor, or their respective
authorized representatives.
3.39.4 O&M Contractor warrants that it is and will remain throughout the Contract
Term duly registered and qualified to do business in the State of Himachal
Pradesh.

3.39.5 Utilities: - O&M Contractor shall pay for all heat, gas, light, power and water
used by it and O&M Contractor shall keep the sidewalks, driveways, and
parking lots, if any, located at the power plant reasonably free of water logging
and unchecked weed growth and shall keep the grass, shrubbery, and trees, if
any, properly cut and trimmed.
57
3.40 TAXES AND DUTIES

3.40.1 The GST as applicable, shall be borne by the O&M Contractor.

3.40.2 As regards the Indian income tax, surcharge on income tax and any other
corporate tax, the Owner shall not bear any tax liability whatsoever. The O&M
Contractor shall be liable and responsible for payment of such tax, if attracted
under the provisions of the law present or future and Owner will make
deductions at source as applicable.

3.40.3 All statutory payments including but not limited to charges payable to the H P
State Pollution Control Board, the Labour Commissioner on account of
registration of the power house under the Factories Act and the Building &
Construction Works etc. shall be borne by the O&M Contractor.

3.40.4 For the purpose of the contract, it is agreed that the contract price specified in
Article 2 (Terms of Payment) of the Form of Contract Agreement is based on the
taxes, duties, levies and charges(hereinafter called "Tax") prevailing at the date
twenty-eight (28) days prior to the date of bid submission. If any rates of tax are
increased or decreased, a new tax is introduced, an existing tax is abolished, or
any change in interpretation or application of any tax occurs in the course of the
performance of contract, which was or will be assessed on the Contractor, in
connection with performance of the contract a equitable adjustment of the
Contract Price shall be made to fully take into account any such change by
addition to the contract price or deduction thereof, as the case may be. However,
these adjustments would be restricted to direct transactions between the Owner
and the Contractor and not on procurement of raw materials, intermediary
components etc. by the Contractor. Further, no adjustment of the contract price
shall be made on account of variation in deemed export benefits.

3.40.5 Govt. of Himachal Pradesh has implemented the Building and Other
Construction Workers' (Regulation of Employment and Conditions of Service)
Act, 1996 and H.P. Building and Other Construction Workers (R.E. & C.S) Rules,
2008 and the Building and Other Construction Workers Cess Act, 1996 and rules
made there under in January, 2009. According to the said rule Labour Cess@1%
of the Project cost shall be deducted from the Contractor's invoices and
deposited with the Government of H.P. by the Owner. Accordingly, bidders are
required to quote their rates inclusive of labour cess in Price Schedule-I.

3.41 Watch & Ward

A goods-movement-register for taking out/in any of the plant goods for
recording of entries shall be maintained by the O&M Contractor for reference &
record at the plants.

3.42 Handing Back of Power Plants by O&M Contractor to Owner

3.42.1 From commencement to completion of the Contract Agreement as a whole i.e.
up to the time the power plant is handed back to the Owner or taken over by the
Owner, the O&M Contractor shall take full responsibility for the care thereof and
for taking precautions to prevent loss or damage. He shall be liable for any
damage or loss or down grading of specifications of equipment/components
that may happen to the civil structures, plant and equipments of the power
58
 station and switchyard or any part thereof. The Owner‟s plant and equipment,
materials, civil structures etc. shall always be kept in good working order and
condition in every respect to the highest accepted industry standards.

3.42.2 After the expiry of the Contract Agreement when the power plant is handed
back by the O&M Contractor to the Owner or at any time when the power plant
is taken over by the Owner under the provisions of the Contract Agreement, the
Owner after allowing for normal wear and tear shall recover from the O&M
Contractor all costs of shortages, damages etc. in the power plant together with
any amounts of money payable by the O&M Contractor. In case the
specifications/quality/performance of any component, equipment or system are
downgraded through repairs or replacements than the original one, the same
shall be replaced by the O&M Contractor at his own cost with
original/equipment component, equipment or system to the satisfaction of
Owner. The aforesaid recovery shall be made from the pending bills and
security deposit of the Owner and by any other means which the Owner deems
fit for affecting such recoveries.

--------- END OF SECTION-III --------

59
 SECTION-IV

SPECIAL CONDITIONS OF CONTRACT (SCC)

60
 INDEX

SPECIAL CONDITIONS OF CONTRACT (SCC)

Clause Description Page No.

no.
4.1 Major maintenance works & procurement 62-64
of spares

61
 SPECIAL CONDITIONS OF CONTRACT

4.1 Major Maintenance Works and Procurement of Spares (Special Capital

Maintenance Works)

In order to maximize/improve the generation, the Contractor shall carry out the
following Special Capital Maintenance Works and procurement of spares at his
own cost within 2 (two) years of contract for Operation & Maintenance of the
Power House from the date of taking over the project. The cost of these works
shall be considered for working out justification of per unit rate offered by the
lowest bidder.

4.1.1 Electro-mechanical Works

Sr. Description Quantity

no.
a) Procurement of spare Runner. 1no.

b) Procurement of spare Wicket Gate Assembly. 20 nos.

c) Procurement and replacement of Servo by pass Valve. 2 nos.

d) Repair of Dewatering System. 1 job

4.1.2 Electrical Works

Sr. Description Quantity

no.
a) Procurement, installment and commissioning of Water 1 no.
level sensor and all accessories.
b) Procurement and replacement of existing Governor with 2 nos.
Electronic Governor.
c) Repair of VCB‟s. 2 nos.
d) Repair of Battery charger. 1 no.

4.1.3 Hydro Mechanical works

Sr. Description Quantity

no.
a) Repair of Flushing Valve, Desilting Valve. 1 job
b) Repair of all gates at intake and fore bay. 1 job

4.1.4 Civil Structures/Works

1) Raising of Power Channel & Desilting tank of Holi HEP due to

overflow/spilling of water.

2) Protection of Power Channel and inspection path by providing retaining

wall and cement concrete, damaged due to heavy slip between RD 490 to
503 mtr. of Holi HEP.
62
 3) Providing protection/fencing along the inspection path between RD 1555
to 1785 Mtr. of Holi HEP.

4) Providing Slope protection of water conductor system from RD 1495 to

1560(settlement portion).

5) Providing interlocked PCC block at downstram of Trench weir &filling of

cavity under existing CC blocks with plum concrete [Link] of Holi HEP.

6) Providing Protection of water conductor system between RD 765 to 795

damaged due to slip(Settlement of wire crates).

7) Providing Protection to desilting tank & Power Channel by Providing &

laying cement short concreting in hillside of tunnel De-silting tank from
RD 300 to 330 & 195 to 210 Power Channel RD 705 to 795 &1650 to 1670.

8) To stop leakage from MS conduit pipe 1.00 m dia expansion joints at RD

360, 410,420,870, 958,1180,1287, 1395 mtr. & broken of crackes in welding
joints, cutting, straightening & welding of present conduit pipe due to
hitting of bouldars at different RD.

9) Repair /Maintenance of main gate at intake, fixing of trash rack at

Forebay, fixing of boundary mesh 20 mtr. Length & painting of all gates
with apoxy coated paint i/c replacing of seals etc.

10) Providing RCC sleepers (50 nos.) to cover the Power channel of Holi HEP
damaged due to falling of boulders between RD 1570 m to 1660 m.

11) Painting of MS conduit pipe of water conductor system of Holi HEP.

12) Painting of Power House building, Main gate, fencing and Railing of
Power House complex.

13) Providing and laying cement concrete on inspection path and drains along
the water conductor system of Holi HEP between RD 1570 to 1770.

14) To stop leakage of Power channel between RD 460 to 630, RD 775 to 810, RD
1570 to 1669 and RD 1734.50 to 1773.0 of Holi HEP.

15) To cover the tunnel outlet portal in slope by providing C.C. slab and drill
hole to protect from slide in channel and tunnel outlet of Holi HEP.

If O & M Contractor is unable to carry out the Special Capital Maintenance

Works and procurement of spares listed above and in schedule 4 (Annexure-A2)
within the first 2 (two) year of O & M contract from the taking over of Power
House/Project, Owner may, without liability of any kind to Owner, reduce the
Unit rates payable to the contractor and encash the Bank Guarantee for Special
O & M works performance security to recover the excess payment released to
the contractor and declare the O & M Contract agreement as terminated.

63
4.2 The above works and procurement of spares shall be carried out as per design
and specifications of the HPSEB Ltd. after getting the drawings and cost vetted
& approved from the HPSEB Ltd. design wing sundernagar and inspected in the
factory by S.E (Designs) office to the complete satisfaction of the Chief Engineer
(Generation), HPSEB Ltd., Sundernagar. The expenditure occurred in inspection
shall be in contractor scope.

4.3 As lot of Repair/Replacement, Modification/Modernization works are to be

carried out in the 1st year of Operation & Maintenance; therefore, no
penalty on account of generation less than the design energy / energy
availability shall be imposed during 1st year of Operation & Maintenance from
the time and date of handing over the project.

-------- END OF SECTION-IV --------

64
 SECTION-V

Technical Requirements & Instructions

65
 INDEX

Technical Requirements & Instructions.

Clause Description Page No.

no.
5.1 Introduction 67
5.2 Objectives and Scope of Work 67
5.3 Standards 67
5.4 Drawings 67
5.5 Tools and Appliances 67-68
5.6 List of Civil Structures and Plant and 68-69
Equipment
5.7 Operation & Maintenance of Plants 69-73
5.8 Advance Notice to the Owner of any 73
Unscheduled / Scheduled Outage of the
Plant
5.9 Regular Maintenance and Overhauls of the 73
Plant as per Recommended Schedules and
Procedures of the Equipment Suppliers
5.10 Disposal of Trash 74
5.11 Maintenance of Inspection Books
5.12 Operation of the Plant within the Design 74
Limits
5.13 Recording of Observations and Instructions 74
by the Owner
5.14 Maintenance Registers 74
5.15 Materials in the Scope of the Contractor 74
5.16 Issue of Spares Available with HPSEB Ltd. 74
5.17 Special Capital Maintenance Works 74

66
 TECHNICAL REQUIREMENTS AND INSTRUCTIONS

5.1 INTRODUCTION

This part covers technical requirements & instructions. The Contractor shall
strictly observe these technical requirements & instructions in conjunction
with the particular technical requirements as mentioned in Original
Equipment Manufacturers‟ (O.E.M.) drawings/manuals. The Contractor shall
execute all work in a skilled and work-man like manner in compliance with
modern methods of engineering. The Contractor shall conform to all
applicable regulations regarding the execution of operation & maintenance
work and shall follow all instructions imparted by the competent authority
and the Engineer-in-charge from time to time.
It is essential that the Contractor has adequate experience of similar plant &
equipment under his direct responsibility and supervision. He must have in
his possession, adequate quantity of precision tools & erection/ installation
equipment and highly qualified & experienced supervisory staff and
craftsmen.
The Contractors proposal shall be based on the use of the equipment and
materials complying fully with the requirements specified herein.
The particular technical specifications/requirements shall take precedence
over the general technical requirements in case of any contradiction.

5.2 OBJECTIVES AND SCOPE OF WORK

The objectives to be achieved by the O&M Contractor, Scope of Work and
Special Capital Maintenance Works have been described in clauses 1.8,1.9,
5.6, 5.7and in section-IV, SCC respectively for the Information of Bidders.

5.3 STANDARDS

The codes & standards referred in the particular technical

requirements/manuals shall govern in all the cases wherever such reference
are made.

5.4 DRAWINGS

The Contractor can refer the manufacturer‟s drawings/manuals of the

equipment, which shall be available in the power house.

5.5 TOOLS AND APPLIANCES

The scope of work shall include all customary and special tools, as well as
auxiliary device including lifting devices, ropes, etc., necessary for total
assembly and disassembly of all parts of the plant & equipment.

67
 Customary tools for erection shall be of the forged and polished chrome-
vanadium type. Use of special tools and devices for erection shall be allowed,
but shall be approved by the Engineer-in-Charge in each case.

5.6 List of Civil Structures and Plant and Equipment

The following is the list but not limited to the civil structures and plant and
equipments which will be operated and maintained round the clock by the
O&M Contractor at the power station.

5.6.1 Civil Structures of Hydel Plant

i) Diversion structures
ii) Diversion Weir
iii) De-silting tank
iv) Water conductor system comprising of tunnel, M.S. Pipes, Power
channel.
v) Forebay cum storage tank
vi) Penstock
vii) Power house with plant and gates
viii) Tail race channel
ix) Retaining walls, abutments, piers and appurtenants.

5.6.2 Hydro-Mechanical, Electrical & Mechanical Equipment

1. Main gates, Control panels and associated equipments.

2. Trash racks and associated equipments.
3. Turbines with auxiliaries and other associated equipment.
4. Generators with auxiliaries and other associated equipment.
5. Generator-transformersand other associated equipment.
6. Lubrication oil system.
7. Oil pressure units and servo motors for nozzles
8. Electrically Operated Traveling (E.O.T.) Crane
9. All Control and Relay panels in both the control room, capacitor
banks etc.
10. Turbine Governing Systems
11. Batteries & Battery charger
12. Lighting systems, exhaust fan system, fire extinguishers etc.
13. Earth pits and earth connections in the power house and switchyard.

68
 14. Power (including 11 kV outgoing) and control cables in the plant and
switch yard and associated terminations.
15. Cooling water pumps, storage tank, cooling water circulation systems
with all piping.
16. All power house furniture, tools and tackle etc.
17. Main power transformers (exiting and proposed)and auxiliary
transformer with associated equipments.
18. All switchyard equipments such as gantry structures, Current
transformers (CTs), Potential transformers (PTs), Lightening arrestors
(LAs), Circuit breakers (CBs), isolators, auxiliary transformer,
overhead connections, power and control cables, earth pits and earth
connections etc.
19. Telephone system
20. Wireless system
21. Diesel Generating set
22. Export and import energy meters
23. All other auxiliaries in power house and associated switchyard such
as vacuum pumps, oil cooling pumps, stand by lube oil pumps, oil
pressure units and other accessories needed for the safe operation of
the hydro facilities.
24. Any other item installed at the plants and switch yard but not
indicated.

5.7 Operation & Maintenance of Plants:

5.7.1 Operation & Maintenance of Civil works:

[Link] Operation of the water conductor system

The operation of the water conductor system shall be carried out in

accordance with the Manual of Instructions of Himachal Pradesh State
Electricity Board Limited, Relevant Safety standards and instructions of the
Owner‟s officers.

[Link] Maintenance of Civil Structures and Water Conductor System

The civil works of all plants and appurtenances of the plant have been
executed to standard design and to standard quality. It is not expected that
they will require any special treatment/attention for repairs. These works,
however, will require to be maintained by the O&M Contractor in good
condition by regular inspection, maintenance, dusting, washing, cleaning up
69
 and painting and polishing. Practices followed by Himachal Pradesh State
Electricity Board Limited for government structures/buildings will govern.
Painting and Polishing will be done annually during the Lease period with
prior approval of the HPSEBLtd. All steel members are required to be
painted every three years based on standard practice to the satisfaction of the
Owner. Potholes, damages to concrete, if any, will be repaired by the O&M
Contractor at his own cost. Technical specifications followed by Himachal
Pradesh Irrigation Department/PWD and [Link] apply.

Maintenance of water conductor system of Power Plant will be carried out by

O&M Contractor at his own expense and this will include maintenance of the
diversion structures, diversion weir, de-silting tank, tunnel, power channel,
Forebay and storage tank, penstock, power house structures, tail race,
Kuchha/Pucca inspection roads, retaining walls, abutments, piers and
appurtenants.

The silt in the diversion weir, water conductor system, Forebay, storage tank
and tail race of the plant will be required to be cleaned and physically
removed (desilting) as and when required by the O&M Contractor at his own
expenses.

O&M Contractor will, at his own cost, repair, maintain and keep all the civil
structures in good repaired and in operating condition.
The landscaping, lawns, gardens and greenery in the project area shall be
developed and properly maintained in a regular manner by the O&M
Contractor at his own expense to improve the environment at the plant.
The O&M Contractor shall periodically check the gates regularly for
electrical, mechanical & hydraulic failures to ensure fail safe operation of the
gates always.

Within one week of issue of letter of award, the O&M Contractor will prepare
a schedule of routine, preventive and capital (special) maintenance of entire
plant & equipment of all civil structures including desilting and submit the
same to the Owner for his approval. The approved schedule will form a part
of the Contract Agreement. The maintenance schedules enclosed herewith
are meant for the guidance & are not limited to final maintenance schedules
to be prepared by the O&M Contractor.

5.7.2 Operation & Maintenance of Plant

Round the clock operation & maintenance of plants and equipments shall be
carried out by the O&M Contractor in accordance with the manufacturer‟s
instructions, relevant safety codes, Indian Electricity Act, Indian Electricity
Rules, Owner‟s instructions and prudent Utility Practices etc. to minimize
down time and to optimize the quality power generation from the plants.
[Link] Operation of Plants
Round the clock operation of the plants will generate power and the quality
of the electricity generated/delivered by the “2 x 1.5MW Holi Hydro Electric
Project” will be ensured by a continuous monitoring of instrumented data.
The KWH generated at the plant (kilo watt hours, represents the quantum of

70
 energy generated) will be recorded by instrumented panels/Meters and also
in the log sheets manually. The total quantum of energy from time and date
of handing over of plant upto the same time and date of the following year
will form the basis of aggregated energy outputs in the annual cycle of the
unit operation in the plant. For an incomplete year the total quantum of
energy from the time, date and month on which power plant is handed over
to the O&M Contractor upto the following time and date on which the power
plant is handed over back to the Owner, will form the basis of aggregated
energy output. The energy from all the units will represent the aggregated
energy output of the plant. The monthly outputs will be reckoned in the same
manner based on contract months.

Besides the above the O&M Contractor shall ensure continuous monitoring
and recording on hourly basis of all important parameters as instructed by
the Owner from time to time such as water levels, discharge, readings of KW,
KVA, KVAR, KWH, voltage, current, power factor & frequency of each
generating unit, turbine nozzles opening/closing positions, pressures &
temperatures of equipment, readings of export and import energy at main &
check meters installed at interconnection point and trippings etc. The O&M
Contractor shall furnish the requisite daily, monthly & yearly
Performa/formats of data sheets/log sheets for recording important
parameters for approval of the Owner within 15 days after issue of the Letter
of Award which becomes part of the Contract Agreement. These formats
duly completed in all respect shall be furnished by the O&M Contractor to
the Owner at regular specified intervals.

The O&M Contractor shall maintain a proper log book at each power plant
for recording readings of various instruments/gauges etc. and for recording
all operations as and when they occur including scheduled outages,
maintenance outages, forced outages, trippings and temporary interruptions
in delivery of energy and reasons thereof. The format of the log book shall be
approved by the Owner. All the plants data sheets/log sheets shall be
handed over by the O&M Contractor to the Owner in duly bonded form at
the end of each year.

The O&M Contractor shall provide all required stationery, log books, formats
etc. at his own cost.

The Owner shall not be held responsible by the O&M Contractor for any
failure of [Link] meet the requirements set forth in next paragraphs,
and due to any fluctuations or failure resulting from [Link]. Should
the level of fluctuations of electricity supply in the grid exceed the limits, for
an excessively long period, the O&M Contractor will study the issue to evolve
suitable solutions with HPSEBLtd.,& action will be taken accordingly by
O&M Contractor/ [Link] minimize the grid non-availability.
However, the safety of the generating plant, complete switchyard and
equipment shall be the responsibility of O&M Contractor.
[Link] Maintenance of Plants

The O&M Contractor shall commence round the clock maintenance (routine,
preventive, breakdown and capital maintenance) of all plants and equipment
including hydro-mechanical gates & disposal of trash shall be carried out by
71
 the O&M Contractor in accordance with manufacturer‟s instructions,
manufacturer‟s procedures, relevant safety codes, Electricity Supply Act,
1948, Indian Electricity Rules, 1956 & Electricity Act 2003, Owner‟s
instructions, prudent utility practices etc. for the plants handed over for
maintenance as and when. The plants which are handed over only for Plants
Operation, the O&M Contractor will carryout only routine maintenance
round the clock till such time plants are handed over for maintenance. The
routine maintenance shall include cleaning & checks of the plant
equipments/components whereas for preventive & breakdown maintenance
he will notify to the concerned agency for doing the needful at the earliest.

5.7.3 Routine, Preventive, Breakdown & Capital Maintenance:

[Link] Routine and preventive maintenance shall include such cleaning checks and
maintenance activities round the clock on hourly, shift wise, daily, weekly,
fortnightly, monthly, quarterly, half yearly, and yearly basis which are
required to be carried out on all the components, equipment & systems
including testing & calibration of meters and instruments of the power plants
to minimize breakdowns proper recording of data including testing &
calibration of meters and instruments and to ensure smooth and trouble free
running of the power plants. The O&M Contractor shall be responsible to
carry out routine and preventive maintenance and replacement of oils of each
and every component / equipment of the power plant and he shall provide
all labour, material, consumables etc. for routine and preventive maintenance
at his own cost.

[Link] Breakdown maintenance shall mean the maintenance activity including

repairs and replacement of any component or equipment of the power plant
which is required to be carried out round the clock as a result of sudden
failure/breakdown of that particular component or equipment while the
plant is running. The O&M Contractor shall be responsible to carry out
breakdown maintenance of each and every component of the power plant
and he shall provide the required manpower, materials, consumables,
components or equipment etc. for attending breakdown maintenance at his
own cost irrespective of the reasons of the breakdown/failure.

[Link] Capital maintenance shall mean the major overhaul of any component or
equipment of the power plant which is not covered by routine, preventive
and breakdown maintenance and may become necessary on account of
excessive wear & tear, erosion of underwater parts, cavitations and aging.
The capital maintenance of power plants and all civil structures shall
normally be planned to be carried out during the lean period. For this
purpose a joint inspection of the Owner and O&M Contractor shall be carried
out of all the major components of the power plant, about two months in
advance in order to ascertain as to which components of the power plant
require capital maintenance. In this regard the decision of the Owner will be
final and binding. However, if the condition of any plant and component
warrants its capital maintenance at any other time, a joint inspection of the
Owner and O&M Contractor shall be carried out immediately on occurrence
of such situation and capital maintenance shall be carried out by arranging
the shutdown of the plant/part of the plant, if required, in consultation with
concerned authorities. The decision of the Owner shall be final and binding.
72
[Link] The capital maintenance of the power plant shall be carried out by O&M
Contractor at his own expenses. The Owner will be free to take expert opinion
of the manufacturers of plant and equipment or any other appropriate agency
during joint inspection in order to ascertain the quantum and nature of the
said capital maintenance. O&M Contractor will also be free to obtain the
supervision for capital maintenance from manufacturers of plant and
equipment/any expert agency at its own cost. In addition to special capital
maintenance works, atleast one capital maintenance of the plant after three
years of operation shall be essentially carried out by the O&M Contractor
before back handing over of the plants to the Owner before expiry of the O &
M contract agreement. In case the period of contract agreement is extended beyond
initial period of five years, another capital maintenance of plant shall be carried after
six years and nine years of operation of [Link], the repair of damages to
power plants due to floods, earthquakes, civil commotion, riots, terrorist
activities and natural calamities etc. shall be carried by the O&M Contractor
at the Owner‟s cost.

The manufacturer‟s operation and maintenance manuals of major plant and

equipment are available at site. If desired by the Bidders, these can be seen at
site before submission of the Bid. In any case the successful Bidder (O&M
Contractor) shall be provided by the Owner one set of the following
immediately after issue of Letter of Award for guidance of the O&M
Contractor:

a) Manufacturer‟s O&M manuals.

b) As built drawings.
c) Any other document essentially required for implementation of the
Contract Agreement.
The O&M Contractor will not utilize the above items for any other purpose
other than O&M of these plants and will maintain the complete
confidentiality of all these documents.

The period of Capital Maintenance & repair shall be accounted towards plant
availability.

5.8 The O&M Contractor shall use all reasonable efforts to give advance notice to
the Owner to the extent possible of any unscheduled / scheduled outage of
the plant as soon as possible before/after the outage and shall provide the
Owner with an estimated duration for such outage. The scope of such outage
shall also be intimated. This shall be done by telephonic communication
followed by letter/fax.

5.9 The O&M Contractor is to carry out regular maintenance and overhauls of the
plant as per recommended schedules and procedures of the equipment
suppliers and as per approved schedules by the Owner. The schedule of
maintenance and overhauls which require plant shut down shall however be
intimated to the Owner and also to the State Load Dispatch Centre to which
the Plant is attached. For scheduled maintenance and overhauls the O&M
Contractor will take prior approval of the Owner.
73
5.10 The O&M Contractor will be responsible to dispose off the trash dumped at
trash pit at a suitable place as proposed by the Owner.

5.11 The O&M Contractor will maintain inspection books at the plant for
recording of instructions given by the Owner during inspections.

5.12 The plant will be operated & maintained within the design limits.

5.13 In case Owner observes any shortfall in the maintenance and operation
response including inadequacy of staff or their capacity to perform, the
Owner has right to record the same in the inspection book or issue
instructions for rectification of the same by the O&M Contractor which shall
be complied by the O&M Contractor at the earliest possible to the satisfaction
of the Owner.

5.14 The O&M Contractor shall maintain the Maintenance registers at the plant.
All maintenance works carried out by the O&M Contractor shall be recorded
in maintenance register and shall be made available for inspection to the
Owner during inspections. At the end of each year these registers shall be
handed over by O&M Contractor to the Owner.

5.15 All materials like but not limited to “O” rings, gasket, grease, contactors,
fuses, timers, cleaners, oils and lubricants shall be to the O&M Contractor‟s
account.

5.16 The spares available with HPSEBL shall be issued to the O&M Contractor for
their use in the power house only on written request from the O&M
Contractor at the stock issue rates and the amount deducted from his monthly
invoices.

5.17 All the Special Capital Maintenance Works (Major and Minor) and
procurement of spares shall be carried out by the contractor at his own
expenses and as per design and specifications of the HPSEB Ltd. after getting
the drawings and cost vetted & approved from the HPSEB Ltd. to the
complete satisfaction of the Chief Engineer (Generation), HPSEB Ltd.,
Sundernagar.

-------- END OF SECTION-V --------

74
 SECTION-VI

Forms and Procedure (FP)

75
 INDEX
SECTION-VI
FORMS AND PROCEDURE (FP)

Sr. Description Page No.

no.

1. Bid Form-1A 77-79

(To be submitted with Techno Commercial BID).

2. Bid Form-1B 80-80

(To be submitted with Price BID).

3. Price schedule-Schedule 1 , 2, 3 and 4 82-86

4. Form of 'Notification for Award of Work‟. 87-88

5. Form of Contract Agreement. 89-91

6. Contract Performance Bank Gaurantee 92-93

7 Major Special Capital Maintenance Performance Bank 94-95

Gaurantee
8. Form for Handing Over/Taking Over of Power Plant. 96

9. Schedule & Details of Facilities. 97

10 Form of Power of Attorney for Joint Venture 98-99

11 Form of undertaking by Joint Venture Partners 100-103

12 Format for Evidence of Access to/Availability of 104

credit/facilities

76
 Annexure – A1

BID FORM -1A

Date: --------------

Bid Spec. No. (Bid Spec. No. HPSEBL/PHE/ Holi(Chamba) /O&M/2022/02)

(Form to be filled and attached with Techno-commercial BID)

Name of Bid: - Operation and Maintenance of 2*1.5MW HOLI Hydro Electric Project
in Distt. Chamba of Himachal Pradesh

To
The Superintending Engineer (Designs),
Power House Electrical, H.P.S.E.B. Ltd.,
Sunder Nagar, Distt. Mandi. H.P. – 175 019

Sir,

1.0 With reference to the Bid Documents number mentioned above, we, the undersigned
having examined the Bid documents, offer to the Operation and Maintenance of
2*1.5MW Holi Hydro Electric Project in Distt. Chamba of Himachal Pradesh
according to the specifications and as listed in the Bid document.

2.0 Attachments to the Bid Form:

In line with the requirement of the Bid Documents, we enclose herewith the
following Attachments to the Bid Form:

1. The Bidders shall deposit bid Security of amount Rs.1,00,000 as specified in

ITB, which shall be deposited online as desired in the bidding process of web
site [Link]. Any Bid not secured in accordance with ITB
Clause 2.12 above shall be rejected by the Owner as being non responsive.

2. A power of attorney duly authorised by a Notary Public indicating that the

person signing the Bid has the authority to sign the Bid and that the Bid is
binding upon us during the full period of its validity in accordance with the
ITB Clause 2.11.

3. Bidder‟s Eligibility and Qualifications:

The documentary evidence of the Bidder‟s eligibility to bid shall establish to
the Employer‟s satisfaction that the Bidder, at the time of submission of its bid,
is eligible as defined in ITB Clause 2.2.

4. The Bidder should submit Company profile as per ITB Clause 2.7.1 (4).

5. Details of similar works executed in the past by the Bidder in the format given
in ITB Clause 2.7.1(5).
77
 6. List of Erection & Maintenance Tools and tackles which the Bidder is having at
present.

7. A brief write up on how we plan to operate the facilities.

8. The details of manpower to be deployed for O&M, conveyance facilities,
communication facilities, technical support facilities for data analysis, fault
diagnosis & rectification of these.
9. Copy of the PAN/GIR card.
10. Copy of the Income Tax Clearance Certificate/Service Tax/GST/EPF.
11. The Contractor shall furnish a copy of O&M Experience of Power House for
relevant time period as required in ITB clause 2.2(b).
12. The Contractor shall furnish a copy of Loss and Profit Sheet duly vetted from
C.A for the purpose of Turnover required.
13. Bid documents issued/downloaded to/by the bidder duly stamped and signed
at each page.
14. Copy of registration with Chief Electrical Inspector.
15. The Bidder shall attach an affidavit duly attested by a Notary Public that he is
not black listed by any State or Agency.
16. The Bidder should be a registered Firm/Company/Association of Firms/Joint
Venture under the Indian Companies Act, 1956 or under the laws of the State of
Himachal Pradesh or equivalent within India. The necessary certificate should
attach.
17. Copy of minimum average annual turnover of Rs. 2 Crore in last three
Financial Years. The Bidders shall furnish documentary proof in support of
their experience and shall also furnish the balance sheet duly audited as a
documentary proof.
18. Copy of operating Bank account for the last more than two years with any
Nationalized Bank in India and should be in a position to provide a
Performance Guarantee of Rs.15,00,000/- (Fifteen lacs) valid for the full
duration of the O&M Contract. The Bidders shall furnish documentary proof in
support of above.
19. Attachment 19: Certificate of bank as per Annexure-10 as attached in Section-VI
(Forms and Procedures) may be submitted along with bid.

3.0 We have read the provisions of following clauses and confirm that the specified
stipulations of these clauses are acceptable to us:

a) ITB2.5 Time Schedule

b) ITB 2.9 Price Schedule
c) GCC 3.5 Governing Law
d) GCC 3.6 Arbitration
e) GCC 3.24.1 Performance Security
f) GCC 3.34 Terms of payment
g) GCC 3.38 Force Majeure
h) GCC 3.40 Taxes and Duties

78
4.0 We undertake, if our Bid is accepted, to commence the work on Facilities
immediately upon your Notification of Award to us.
5.0 We agree to adhere by this Bid for a period of 180 days from the date fixed for
submission of Bids as stipulated in the Bid Documents, and it shall remain binding
upon us and may be accepted by you at any time before the expiry of that period.
6.0 Until a formal Contact is prepared and executed between us, this Bid, together with
your written acceptance thereof in the form of your Notification of Award shall
constitute a contract between us.
7.0 We understand that you are not bound to accept the lowest or any Bid you may
receive.
8.0 We, hereby, declare that only the persons or firms interested in this proposal as
principals are named here and that no other persons or firms other than those
mentioned herein have any interest in this proposal or in the Contract to be entered
into, if the award is made on us, that this proposal is made without any connection
with any other person, firm or party likewise submitting a proposal is in all respects
for and in good faith, without collusion or fraud.
Dated this-----------------------day of -----------------------------------
Thanking you, we remain,

Yours faithfully,

(Signature)
(Printed Name)
(Designation)
(Common Seal)
Date :
Place :

Business Address :

79
 Annexure – A1

BID FORM-1B
Date: --------------

Bid Spec. No. (Bid Spec. No. HPSEBL/PHE/ Holi(Chamba) /O&M/2022/02)

(Form to be filled and attached with Price BID)

Name of Bid: - Operation and Maintenance of 2*1.5MW Holi Hydro Electric Project in
Distt. Chamba of Himachal Pradesh

To
The Superintending Engineer (Designs),
Power House Electrical, H.P.S.E.B. Ltd.,
Sunder Nagar, Distt. Mandi. H.P. – 175 019

Sir,

1.0 With reference to the Bid Documents forwarded to us vide your letter no----------------
-------- dated ---------- or , we the undersigned, having examined the Bid Documents,
including Addenda Nos., (Insert numbers------------------), the receipt of which is
hereby acknowledged, offer to execute the work under the above named Contract in
full conformity with the said Bid Documents

2.0 Attachments to the Price Bid Form:

3.0 PRICE SCHEDULES:

3.1 In line with the requirements of the Bid Documents, we enclose herewith the
following Price Schedules, duly filled-in as per your proforma:

Schedule No.1 Schedule of work quantities & prices.

Schedule No.2 Taxes& Duties.
Schedule No.3 Grand Summary
Schedule No.4 Cost of major capital maintenance works and spares

3.2 We are aware that the Price Schedules do not generally give a full description of the
work to be performed under each item and we shall be deemed to have read the
Technical Requirements and Instructions and other Bid Documents to ascertain the
full scope of work included in each item while filling-in the rates and prices. We
agree that the entered rates and prices shall be deemed to include for the full scope as
aforesaid, including overheads and profit.

3.3 We declare that as specified in the Conditions of Contract, prices quoted by us in the
Price Schedules are “FIRM”.

80
4.0 We confirm that we shall also get registered with the concerned Sales Tax
Authorities, in the state where the Project is located.

5.0 We have read the provisions of following clauses and confirm that the specified
stipulations of these clauses are acceptable to us:

a) ITB2.5 Time Schedule

b) ITB 2.8 Price Schedule
c) GCC 3.5 Governing Law
d) GCC 3.6 Arbitration
e) GCC 3.24.1 Performance Security
f) GCC 3.34 Terms of payment
g) GCC 3.38 Force Majeure
h) GCC 3.40 Taxes and Duties

6.0 We undertake, if our Bid is accepted, to commence the work on Facilities

immediately upon your Notification of Award to us.

7.0 We agree to adhere by this Bid for a period of 180 days from the date fixed for
submission of Bids as stipulated in the Bid Documents, and it shall remain binding
upon us and may be accepted by you at any time before the expiry of that period.

8.0 Until a formal Contact is prepared and executed between us, this Bid, together with
your written acceptance thereof in the form of your Notification of Award shall
constitute a contract between us.

9.0 We understand that you are not bound to accept the lowest or any Bid you may
receive.

10.0 We, hereby, declare that only the persons or firms interested in this proposal as
principals are named here and that no other persons or firms other than those
mentioned herein have any interest in this proposal or in the Contract to be entered
into, if the award is made on us, that this proposal is made without any connection
with any other person, firm or party likewise submitting a proposal is in all respects
for and in good faith, without collusion or fraud.
Dated this-----------------------day of -----------------------------------
Thanking you, we remain,

Yours faithfully,

(Signature)
(Printed Name)
(Designation)
(Common Seal)
Date :
Place :
Business Address :

81
 Annexure – A2

SCHEDULE - 1
SCHEDULE OF PRICES TO BE QUOTED BY THE BIDDER FOR THE O&M OF
2*1.5MW HOLI (CHAMBA) HYDRO ELECTRIC PROJECT.

Sr. Description Rate per unit chargeable on Saleable

No. Electricity (in Rs.)
(in figures) (in words)
1 Operation & Maintenance of 2*1.5
MW Holi (Chamba) Hydro Electric
Project including all Costs such as
O&M personnel, insurance, spare
parts, consumables, O&M
Contractor's enabling facilities (Van
etc.) including major special capital
maintenance works & procurement of
spares as specified in schedule -4 of
Annexure -A2, complete as per scope
entered into the contract clause no. 1.9
of IFB, 3.7 OF GCC, 5.7 of Technical
Specifications.

NOTE:-

i. Rates shall be quoted in Rupees or paise & shall be written in figures and words &
will be signed by the authorized signatory.

ii. Schedule-1 shall indicate only base price of the Contract i.e. excluding Taxes
however, Taxes& duties (GST) shall indicated in Schedule-II .
iii. Bidder shall consider cost to be incurred in the first 2 (two) years of O&M contract
for major special capital maintenance works & procurement of spares as listed in
Schedule-4 of Annexure-A2, while quoting rates in above schedule.
iv. Bidders are required to quote their rates inclusive of labour cess @1% in above
schedule, which shall be deducted from their invoice as per Section-II , ITB clause
2.9.5 of the bid document .

For ------------ (Name of the Company)

Authorized Signatory

82
 Annexure – A2

Schedule No. - 2.
Taxes and Duties

Item Description of Rate of Taxes/ Amount on which Taxes duties/ levies

Taxes / duties/ duties/ levies Taxes / duties / payable in Rupees.
levies etc. application levies applicable
1 2 3 4 5

Total

Note: - Bidders are advised to indicate the Taxes and duties in above schedule as per ITB
Clause 2.9.5& 2.9.6 Section -II and GCC clause 3.40.5 Section-III of Bid document.

Name of Bidder:-------------------------------------
Authorized Signatory

83
 Annexure – A2

SCHEDULE – 3

Grand Summary

Sr. No. Description Amount in Rs.

Total of Schedule 1(Per unit rate quoted by
1
bidder on saleable energy )
2 Total of Schedule -2( Taxes and duties)

3 Total Schedule -3(Schedule-1+Schedule-2)

Name of Bidder:-------------------------------------
Authorized Signatory

84
 Annexure – A2

SCHEDULE – 4

SCHEDULE OF COST TO BE INCURED IN THE FIRST 2 (TWO) YEARS OF O&M

CONTRACT BY THE SUCCESSFUL BIDDER FOR MAJOR SPECIAL CAPITAL
MAINTENANCE WORKS & PROCUREMENT OF SPARES LISTED IN SECTION-IV (SCC)
AND ENVISAGED BY THE BIDDER OF 2X1.5 MW HOLI HYDRO ELECTRIC PROJECT.

Sr. Description Qty. Rate Amoun Remark

no. t s
1 Procurement/supply of spare Runner. 1 no.
2 Procurement/supply of spare Wicket Gate Assembly. 20 nos.
3 Procurement/supply and replacement of Servo by 2 nos.
pass Valve.
4 Repair of Dewatering system 1 job
5 Procurement/supply of Water level sensor 1 no.
6 Procurement/supply and replacement of existing 2 nos.
Governor with Electronic Governor including cables,
wiring/cabling etc.
7 Repair of VCB's 1 job
8 Repair of Battery Charger 1 job
9 Repair of Flushing Valve, Desilting Valve. 1 job
10 Repair of all gates at intake and fore bay. 1 job
11 Raising of Power Channel & Desilting tank of Holi Lump-
HEP due to overflow/spilling of water. sum
12 Protection of Power Channel and inspection path by Lump-
providing retaining wall and cement concrete, sum
damaged due to heavy slip between RD 490 to 503
mtr. of Holi HEP.
13 Providing protection/fencing along the inspection Lump-
path between RD 1555 to 1785 Mtr. of Holi HEP. sum
14 Providing Slope protection of water conductor system Lump-
from RD 1495 to 1560(settlement portion sum
15 Providing interlocked PCC block at downstram of Lump-
Trench weir &filling of cavity under existing CC sum
blocks with plum concrete [Link] of Holi HEP.
16 Providing Protection of water conductor system Lump-
between RD 765 to 795 damaged due to sum
slip(Settlement of wire crates).
17 1) Providing Protection to desilting tank & Power Lump-
Channel by Providing & laying cement short sum
concreting in hillside of tunnel De-silting tank from
RD 300 to 330 & 195 to 210 Power Channel RD 705 to
795 &1650 to 1670.
18 To stop leakage from MS conduit pipe 1.00 m dia Lump-
expansion joints at RD 360, 410,420,870, 958,1180,1287, sum
1395 mtr. & broken of crackes in welding joints,
cutting, straightening & welding of present conduit
pipe due to hitting of bouldars at different RD.

85
19 Repair /Maintenance of main gate at intake, fixing of Lump-
trash rack at Forebay, fixing of boundary mesh 20 mtr. sum
Length & painting of all gates with apoxy coated paint
i/c replacing of seals etc.
20 Providing RCC sleepers (50 nos.) to cover the Power Lump-
channel of Holi HEP damaged due to falling of sum
boulders between RD 1570 m to 1660 m.
21 Painting of MS conduit pipe of water conductor Lump-
system of Holi HEP. sum
22 Painting of Power House building, Main gate, fencing Lump-
and Railing of Power House complex. sum
23 Providing and laying cement concrete on inspection Lump-
path and drains along the water conductor system of sum
Holi HEP between RD 1570 to 1770
24 To stop leakage of Power channel between RD 460 to Lump-
630, RD 775 to 810, RD 1570 to 1669 and RD 1734.50 sum
to 1773.0 of Holi HEP
25 To cover the tunnel outlet portal in slope by providing Lump-
C.C. slab and drill hole to protect from slide in sum
channel and tunnel outlet of Holi HEP.
26 Any other work/spare(s) envisaged by the bidder
during site visit(s).
i)
ii)
iii)

Note: - The above cost shall deemed to be included in the rate offered in Schedule -1

86
 Annexure – A3

FORM OF 'NOTIFICATION OF AWARD OF CONTRACT'

NOTE: INSTRUCTIONS INDICATED IN ITALICS IN THIS NOTIFICATION OF

AWARD ARE TO BE TAKEN CARE OF BY THE ISSUING AUTHORITY.

Ref. No.:

Date:

-------------- (Contractor's Name & Address)-----------------------

------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------

Attn: Mr.-----------------------

Sub: Notification of Award of Contract.

Dear Sir,

1.0 This has reference to the following:

i) Bid Documents issued to you vide our letter no.-------------------------------------

dated -----------------------------

ii) Clarifications furnished to you on the Bid Documents vide our letter no.--------
---------dated------------------------

iii) Your Proposal for the subject package submitted vide your letter no.------------
-------------
dated-------------------.

iv) Our Fax message/letter no.-------------------------------dated----------------------------

---- regarding extension of validity of Bid.

(Applicable only if any extension has been sought subsequently)

v) Post Bid discussions and meetings we had with you from ----------------to -------

vi) Clarification/ Confirmation furnished by you vide your letter No.---------------

--------- dated ------------------------.

2.0 We confirm having accepted your proposal submitted vide letter no.----------------------
------- dated --------------------------- read in conjunction with all the specifications, terms
& conditions of the Bid Documents and your subsequent letters (Use if relevant)

87
 referred to in para 1.0 above and award on you the contract for the work of ------------
------------------------------(Indicate brief Scope of Work)-----------------------------------------
----------------------------------- for (Name of project).------------------------------------------ as
per Specification No .-------------------(hereinafter referred to as the „Contract') .

3.0 The Rate in paisa per unit chargeable on Saleable Electricity under the Contract
shall be
-------------Paise -------------------(Specify the amount in Rupees)

4.0 You shall prepare and finalise the Contract Agreement Documents for signing of the
formal Contract Agreement and shall enter into the Contract with us, as per the
proforma enclosed with the Bid Documents, on non-judicial stamp paper of
appropriate value within 15 days from the date of this Notification of Award.

5.0 This Notification of Award is being issued to you in duplicate. We request to return
its duplicate copy duly signed and stamped on each page including all the enclosed
Appendices, by the authorised signatory of your company as a proof of your
acknowledgement and confirmation.

Please take the necessary action to commence the work and confirm action.

Yours faithfully,
For and on behalf of
---------(Name of the Owner)-------------
Encl.: As above.

(Authorised Signatory)

88
 Annexure – A4
Form of Contract Agreement

THIS CONTRACT AGREEMENT is made on the ----------------------day of -------------------------

20_____
BETWEEN
(1) Himachal Pradesh State Electricity Board Limited, a Company, incorporated under
Companies Act and having its principal place of business at Vidyut Bhawan Shimla 171001
(H.P) India (hereinafter called "the Owner"), and and (2) [Name of Contractor], having its
principal place of business at [address of Contractor] (hereinafter called "the Contractor").

WHEREAS the Owner desires to engage the Contractor for Operation and maintenance of
the .................................................................................. (Name of the Hydro Electric
Project)Hydro Electric Project and the Contractor has agreed to such engagement upon and
subject to the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows: -

Article 1. Contract 1.1 Contract Documents (Reference GCC Clause 3.2)

Document The following document shall constitute the Contract
Agreement between the Owner and the Contractor,
and each shall be read and construed as an integral part
of the Contract Agreement:
(a) The Contract Deed and the Appendices thereto.
(b) Notification of Award.
(c) General Conditions of Contract.
(d) Special Conditions of contract.
(e) Forms & Procedures (as listed)
(f) Technical Requirements & Instructions.
(g) Information for Bidders.
(h) The Bid and Price Schedules submitted by the
Bidder.

1.2 Order of Precedence

In the event of any ambiguity or conflict between the
Contract Documents listed above, the order of
precedence shall be the order in which the Contract
Documents are listed in Article 1.1 (Contract
Documents) above.

1.3 Definitions (Reference GCC Clause 3.1)

Capitalised words and phrases used herein shall have
the same meanings as are ascribed to them in the
General Conditions of Contract.

89
Article 2. Terms of 2.1 The Owner hereby agrees to pay to the Contractor @
_____
Payment paise per unit chargeable on Saleable Electricity in
consideration of the performance by the Contract of its
obligations hereunder.

2.2 Terms of Payment (Reference GCC Clause 3.32)

The terms and procedures of payment according to
which the Owner will reimburse the Contractor shall
be as defined in GCC clause 3.32.

Article3. (This is applicable It is expressly understood and agreed by and between the
only if the Owner is Contractor and the Owner that the Owner is entering
into
a Public Sector this Contract solely on its own behalf and not on behalf
of
Enterprise) any other person or entity. In particular it is expressly
understood and agreed that the Government of
Himachal Pradesh and Government of India is not a
party to this Agreement and has no liabilities,
obligations or rights hereunder .It is expressly
understood and agreed that the Owner is an
independent legal entity with power and authority to
enter into contracts solely on its own behalf under the
applicable laws of India and the general principles of
Contract Law. The Contractor expressly agrees,
acknowledges and understands that the Owner is not
an Agent, Representative or Delegate of the
Government of Himachal Pradesh/ Government of
India. It is further understood and agreed that the
Government of Himachal Pradesh/ Government of
India is not and shall not be liable for any acts,
omission, and commissions, breaches or other wrongs
arising out of the Contract. Accordingly, the Contractor
expressly waives, releases and foregoes any and all
actions or claims, including cross claims, or counter
claims against the Government of Himachal Pradesh/
Government of India arising out of this Contract and
covenants not to sue the Government of Himachal
Pradesh/ Government of India as to any manner,
claim, cause of action or thing whatsoever arising of or
under this Agreement.
IN WITNESS WHEREOF of the Owner and the Contractor have caused this Agreement to be
duly executed by their duly authorised representatives the day and year first above written.

Signed by for and on behalf of the Owner

____________________________________________________
[Signature]
_________________________________________________
[Title]
in the presence of ______________________________________
Signed by for and on behalf of the Contractor
90
_________________________________________________________________
[Signature]
________________________________________________________________
[Title]
in the presence of ____________________________________________________
CONTRACT
Dated the______________________ day of ________________________ ____________
BETWEEN
____________________________________________________________________________
["the Owner"]
and____________________________________________________________________________

____________________________________________________________________________
["the Contractor"]

91
 Annexure – A5

Contract Performance Bank Guarantee

(To be stamped in accordance with Stamp Act)

Bank Guarantee No……………………

Date………………………….

To

The Resident Engineer,

Khauli Power House Division,
HPSEBL Khauli at Drini Kangra (H.P.) .

Dear Sir,

In consideration of the ………….[Owner's Name]………..(hereinafter referred to as the

'Owner which expression shall unless repugnant to the context or meaning thereof, include
its successors, administrators and assigns) having awarded to M/s……..[Contractor's
Name}…………with its Registered/Head Office at………..(hereinafter referred to as the
Contractor, which expression shall unless repugnant to the context or meaning thereof,
include its successors administrators, executors and assigns), a Contract by issue of Owner's
Notification of Award No ……………dated ……….and the same having been unequivocally
accepted by the Contractor, resulting into a Contract bearing No……… dated………. for
Operation & Maintenance of the 3 MW Hydro Electric Project and the Contractor having
agreed to provide a Contract Performance Guarantee for the faithful performance of the
entire Contract equivalent to Rs. ........................./- (.................... Lacs only) to the Owner.

We……..[Name & Address of the Bank]…………..having its Head Office at

……..(hereinafter referred to as the 'Bank', which expression shall, unless repugnant to the
context of meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Owner, on demand any and all monies payable
by the Contractor to the extent of Rs. ...................../- (..................... Lacs only) as aforesaid at
any time upto ……….. (@)…………………[days/month/year] without any demur,
reservation, contest, recourse or protest and/or without any reference to the Contractor.
Any such demand made by the Owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes
not to revoke this guarantee during its currency without previous consent to the Owner and
further agrees that the guarantees herein contained shall continue to be enforceable till the
Owner discharges this guarantee.

The Owner shall have the fullest liberty, without affecting in any way the liability of the
Bank under this guarantee, from time to time extend the time for performance of the
Contract by the Contractor. The Owner shall have the fullest liberty, without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of
any right which they might have against the Contractor, and to exercise the same at any time
92
in any manner, and either to enforce or to forbear to enforce any covenants, contained or
implied, in the Contract between the Owner and the Contractor or any other course or
remedy or security available to the Owner. The bank shall not be released of its obligations
under these presents by any exercise by the Owner of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of
commissions or commission on the part of the Owner or any other indulgence shown by the
Owner or by any other matter or thing whatsoever which under law would, but for this
provision have the effect of relieving the Bank.

The bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee
against the bank as a principle debtor, in the first instance without proceeding against
Contractor and notwithstanding any security or other guarantee the Owner may have in
relation to the Contractor's liabilities .

Notwithstanding anything contained herein above our liability under this guarantee is
restricted to Rs. ............................../- (................... Lacs only) and it shall remain in force upto
and including …………. @………………… and shall be extended from time to time for such
period (not exceeding one year), as may be desired by M/s……………[Contractor's
Name]………….on whose behalf this guarantee has been given.

Dated this ………………………..day of ………………20____

………..at………………………..

WITNESS

………………………………
(Signature)…………………...
(Signature)
………………………………
(Name)………………………..
(Name)
………………………………...
……………………………….. (Designation with Bank
Stamp).
…………………………………
(Official Address)
………………………………...
Attorney as per Power of
Attorney
No…………………..

Dated…………………………

Notes: 1. @ This date will be 90(ninety) days beyond the end date of the period of the
Contract.

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

guarantee issuing Bank.

93
 Annexure – A5

Major Special Capital Maintenance Performance Bank Guarantee

(To be stamped in accordance with Stamp Act)

Bank Guarantee No……………………

Date………………………….

To

The Accounts Officer (Banking),

F&A Wing, H.P.S.E.B., VidyutBhawan,
Shimla (H.P.) – 171004.

Dear Sir,

In consideration of the ………….[Owner's Name]………..(hereinafter referred to as the

'Owner which expression shall unless repugnant to the context or meaning thereof, include
its successors, administrators and assigns) having awarded to M/s……..[Contractor's
Name}…………with its Registered/Head Office at………..(hereinafter referred to as the
Contractor, which expression shall unless repugnant to the context or meaning thereof,
include its successors administrators, executors and assigns), a Contract by issue of Owner's
Notification of Award No ……………dated ……….and the same having been unequivocally
accepted by the Contractor, resulting into a Contract bearing No……… dated………. for
Operation & Maintenance of the 2x1.5 MW Holi Hydro Electric Project and the Contractor
having agreed to provide a Major Special Capital MaintenanceWorksPerformance
Guarantee for the faithful execution of the entire Major Special Capital MaintenanceWorks
equivalent to Rs. ........................./- (.................... Lacs only) to the Owner.

We……..[Name & Address of the Bank]…………..having its Head Office at

……..(hereinafter referred to as the 'Bank', which expression shall, unless repugnant to the
context of meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Owner, on demand any and all monies payable
by the Contractor to the extent of Rs. ...................../- (..................... Lacs only) as aforesaid at
any time upto ……….. (@)…………………[days/month/year] without any demur,
reservation, contest, recourse or protest and/or without any reference to the Contractor.
Any such demand made by the Owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes
not to revoke this guarantee during its currency without previous consent to the Owner and
further agrees that the guarantees herein contained shall continue to be enforceable till the
Owner discharges this guarantee.

The Owner shall have the fullest liberty, without affecting in any way the liability of the
Bank under this guarantee, from time to time extend the time for performance of the
Contract by the Contractor. The Owner shall have the fullest liberty, without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of
any right which they might have against the Contractor, and to exercise the same at any time
in any manner, and either to enforce or to forbear to enforce any covenants, contained or
94
implied, in the Contract between the Owner and the Contractor or any other course or
remedy or security available to the Owner. The bank shall not be released of its obligations
under these presents by any exercise by the Owner of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of
commissions or commission on the part of the Owner or any other indulgence shown by the
Owner or by any other matter or thing whatsoever which under law would, but for this
provision have the effect of relieving the Bank.

The bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee
against the bank as a principle debtor, in the first instance without proceeding against
Contractor and notwithstanding any security or other guarantee the Owner may have in
relation to the Contractor's liabilities .

Notwithstanding anything contained herein above our liability under this guarantee is
restricted to Rs. ............................../- (................... Lacs only) and it shall remain in force upto
and including …………. @………………… and shall be extended from time to time for such
period (not exceeding one year), as may be desired by M/s……………[Contractor's
Name]………….on whose behalf this guarantee has been given.

Dated this ………………………..day of ………………20____

………..at………………………..

WITNESS

………………………………
(Signature)…………………...
(Signature)
………………………………
(Name)………………………..
(Name)
………………………………...
……………………………….. (Designation with Bank
Stamp).
…………………………………
(Official Address)
………………………………...
Attorney as per Power of
Attorney
No…………………..

Dated…………………………

Notes:1. @ This date will be 90 days beyond the completion of Special Capital maintenance
works&procurement of spares (i.e. 90 days beyond 1st 2 (two) years of O & M
Contract).

The stamp papers of appropriate value shall be purchased in the name of guarantee issuing
Bank.

95
 Annexure – A6

HANDING OVER/TAKING OVER OF POWER PLANT

The ………………………………………… (Name of the Hydro Electric Project) Hydro

Electric Project is handed over on dated _______ at 00.00 hours by the Himachal Pradesh
State Electricity Board Ltd., to ___________ _______________________________________, the
O&M Contractor in line with the terms & conditions of the Contract Agreement for
Operation & Maintenance. The detail of the assets handed over is as per annexure-1
enclosed.

Handed Over by: - Taken Over By: -

Designation - ___________________ Designation: - ______________

___________________ _______________
___________________ _______________

96
 Annexure – A7

SCHEDULE & DETAILS OF FACILITIES FOR THE O&M OF

2*1.5 MW HOLI (CHAMBA) HYDRO ELECTRIC PROJECT

A. Details of Manpower

[Link]. Designation Qualification Experience Remarks

a) Supervision Staff (Managers, Assistants & Laisioning Officers, etc.):

b) Maintenance Team (Foremen, Fitters, Electrical and Mechanical Engineers, Welders

& Helpers etc.):

c) Operation Team (Plant Operators & Helpers, etc.):

d) Technical Supporting Staff in Design & Engg., Fault Diagnosis & Remedies to the
Breakdowns thereof: (This staff may not be retained on full time basis - Engineers,
Supervisors & Draftsman, etc. etc.)

e) Special Team to Handle Specific & Specialized Jobs/Breakdowns (Engineers,

Supervisors and Foreman, etc.)

B. Communication Facilities (Wireless Systems, Mobile and Landline Telephones, E-

Mail, etc., etc.)

C. Conveyance Facilities (Car, Jeep, Scooters, Cycles, etc.)

Note: The O&M Contractor will be at liberty to deploy any number of personnel for
O&M but will be required to satisfy the Owner for performing O&M
activities.

97
 Annexure – A8

FORM OF POWER OF ATTORNEY FOR JOINT VENTURE

KNOW ALL MEN BY THESE PRESENTS THAT WE , the Partners whose details are
given hereunder ................................................................................. have formed a Joint Venture
under the laws of ............................................ and having our Registered Office(s)/Head
Office(s) at ............................................... (hereinafter called the 'Joint Venture' which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) acting through M/s
................................................................................. being the Partner in-charge do hereby
constitute, nominate and appoint M/s................................................... a Company incorporated
under the laws of .............................…………………….... and having its Registered/Head
Office at ........................................... as our duly constituted lawful Attorney (hereinafter called
"Attorney" or "Authorised Representative" or "Partner In-charge") to exercise all or any of
the powers for and on behalf of the Joint Venture in regard to Specification
No............................ Package ............................ the bids for which have been invited by ………
(insert name of the Employer alongwith address) ………… (hereinafter called the
'Employer') to undertake the following acts :

i) To submit proposal and participate in the aforesaid Bid Specification of the Employer
on behalf of the "Joint Venture".

ii) To negotiate with the Employer the terms and conditions for award of the Contract
pursuant to the aforesaid Bid and to sign the Contract with the Employer for and on
behalf of the "Joint Venture".

iii) To do any other act or submit any document related to the above.

iv) To receive, accept and execute the Contract for and on behalf of the "Joint Venture".

It is clearly understood that the Partner In-charge (Lead Partner) shall ensure
performance of the Contract(s) and if one or more Partner fail to perform their
respective portions of the Contract(s), the same shall be deemed to be a default by all
the Partners.

It is expressly understood that this Power of Attorney shall remain valid binding and
irrevocable till completion of the Defect Liability Period in terms of the Contract.

The Joint Venture hereby agrees and undertakes to ratify and confirm all the
whatsoever the said Attorney/Authorised Representatives/Partner in-charge quotes
in the bid, negotiates and signs the Contract with the Employer and/or proposes to
act on behalf of the Joint Venture by virtue of this Power of Attorney and the same
shall bind the Joint Venture as if done by itself.

98
 IN WITNESS THEREOF the Partners Constituting the Joint Venture as aforesaid
have executed these presents on this ........... day of …………........... under the
Common Seal(s) of their Companies.

for and on behalf of the

Partners of Joint Venture

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

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

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

The Common Seal of the above Partners of the Joint Venture:

The Common Seal has been affixed there unto in the presence of:

WITNESS

1. Signature......................................................

Name ............................................…...........

Designation ...................................…..........

Occupation ......................................…........

2. Signature.................................................….

Name ..................................................….....

Designation ........................................…....

Occupation ...............…..............................

Note:
1. For the purpose of executing the Agreement, the non-judicial stamp papers of
appropriate value shall be purchased in the name of Joint Venture.

2. The Agreement shall be signed on all the pages by the authorized representatives of
each of the partners and should invariably be witnessed.

99
 Annexure – A9

FORM OF UNDERTAKING BY THE JOINT VENTURE PARTNERS

THIS JOINT DEED OF UNDERTAKING executed on this………. day of……….. Two

Thousand and………....... by …………………………………………….. a company
incorporated under the laws of ………………… and having its Registered Office at
........................(hereinafter called the "Party No.1" which expression shall include its
successors, executors and permitted assigns) and M/s……………a company incorporated
under the laws of ………..…………… and having its Registered Office at
………..………… (herein after called the "Party No.2" which expression shall include its
successors, executors and permitted assigns ) and M/s.. .. .. .. . .. . . . . .. . .. .. .... .. a
Company incorporated under the laws of ……………….. and having its Registered
Office at ……………. (hereinafter called the "Party No.3" which expression shall include its
successors, executors and permitted assigns) for the purpose of making a bid and entering
into a contract [hereinafter called the "Contract" {in case of award)] against the Specification
No……..…………. for …… (insert name of the package alongwith project name) ……………of
…….. (insert names of the Employer) …………….., a Company incorporated under the
Companies Act of1956/2013 (with amendment from time to time) having its registered office
at …………….(insert registered address of the Employer)…………… (hereinafter called the
"Employer").

WHEREAS the Party No.1, Party No.2 and Party No.3 have entered into an Agreement
dated................

AND WHEREAS the Employer invited bids as per the above mentioned Specification for the
O&M of Holi Power House stipulated in the Bidding Documents under …… (insert name of
the package alongwith project name) ……………

AND WHEREAS Clause 2.2, Section-ITB (Eligibility &Qualification Requirements) of the Bid
Documents, inter-alia stipulates that an Undertaking of two or more qualified bidders as
partners, meeting the requirements of Qualification Criteria, as applicable may bid,
provided, the Joint Venture fulfills all other requirements under Clause 2.2 of ITB and in
such a case, the Bid Forms shall be signed by all the partners so as to legally bind all the
Partners of the Joint Venture, who will be jointly and severally liable to perform the Contract
and all obligations hereunder.

The above clause further states that this Undertaking shall be attached to the bid and the
Contract performance guarantee will be as per the format enclosed with the Bidding
Documents without any restrictions or liability for either party.

AND WHEREAS the bid is being submitted to the Employer vide proposal
No…………………..dated ……..... by Party No.1 based on this Undertaking between all the
parties; under these presents and the bid in accordance with the requirements of Clause 2.2,
Section-ITB, has been signed by all the parties.

100
NOW THIS UNDERTAKING WITNESSETH AS UNDER:

In consideration of the above premises and agreements all the parties of this Deed of
Undertaking do hereby declare and undertake:

1. In requirement of the award of the Contract by the Employer to the Joint Venture
Partners, we, the Parties do hereby undertake that M/s……… the Party No.1, shall
act as Lead Partner and further declare and confirm that we the parties to the Joint
Venture shall jointly and severally be bound unto the Employer for the successful
performance of the Contract and shall be fully responsible for the O&M of Power
House in accordance with the Contract:

2. In case of any breach or default of the said Contract by any of the parties to the Joint
Venture, the party(s) do hereby undertake to be fully responsible for the successful
performance of the Contract and to carry out all the obligations and responsibilities
under the Contract in accordance with the requirements of the Contract.

3. Further, if the Employer suffers any loss or damage on account of any breach in the
Contract or any shortfall in the performance of the equipment in meeting the
performances guaranteed as per the specification in terms of the Contract, the
Party(s) of these presents undertake to promptly make good such loss or damages
caused to the Employer, on its demand without any demur. It shall not be necessary
or obligatory for the Employer to proceed against Lead Partner to these presents
before proceeding against or dealing with the other Party(s), the Employer can
proceed against any of the parties who shall be jointly and severally liable for the
performance and all other liabilities/obligations under the Contract to the Employer.

4. The financial liability of the Parties of this Deed of Undertaking to the Employer,
with respect to any of the claims rising out of the performance or non-performance of
the obligations set forth in this Deed of Undertaking, read in conjunction with the
relevant conditions of the Contract shall, however not be limited in any way so as to
restrict or limit the liabilities or obligations of any of the Parties of this Deed of
Undertaking.

5. It is expressly understood and agreed between the Parties to this Undertaking that
the responsibilities and obligations of each of the Parties shall be as delineated to this
Deed of Undertaking. It is further undertaken by the parties that the above sharing of
responsibilities and obligations shall not in any way be a limitation of joint and
several responsibilities of the Parties under the Contract.

6. It is also understood that this Undertaking is provided for the purposes of

undertaking joint and several liabilities of the partners to the Joint Venture for
submission of the bid and performance of the Contract and that this Undertaking
shall not be deemed to give rise to any additional liabilities or obligations, in any

101
 manner or any law, on any of the Parties to this Undertaking or on the Joint Venture,
other than the express provisions of the Contract.

7. This Undertaking shall be construed and interpreted in accordance with the

provisions of the Contract.

8. In case of an award of a Contract, we the parties to this Deed of Undertaking do

hereby agree that we shall be jointly and severally responsible for furnishing a
Contract performance security from a bank in favour of the Employer in the
currency/currencies of the Contract.

9. It is further agreed that this Deed of Undertaking shall be irrevocable and shall form
an integral part of the bid and shall continue to be enforceable till the Employer
discharges the same or upon the completion of the Contract in accordance with its
provisions, whichever is earlier. It shall be effective from the date first mentioned
above for all purposes and intents.

IN WITNESS WHEREOF, the Parties to this Deed of Undertaking have through their
authorised representatives executed these presents and affixed Common Seals of their
companies, on the day, month and year first mentioned above.

Common Seal of ………………………. For Lead Partner (Party No.-1)

has been affixed in my/ our For and on behalf of M/s
presence pursuant to Board of …………………..
Director‟s Resolution dated …………….

Name ………………………..

Designation ………………….
(Signature of the authorized
Signature ……………………. representative)

WITNESS :

I. ………………………………

II. ………………………………

Common Seal of ………………………. For Party No.-2

has been affixed in my/ our For and on behalf of
presence pursuant to Board of M/s…………………..
Director‟s Resolution dated …………….

102
Name ……………………….. (Signature of the authorized
representative)
Designation ………………….

Signature …………………….

WITNESS :

I. ………………………………

II. ………………………………

Common Seal of ………………………. For Party No.-3

has been affixed in my/ our For and on behalf of M/s.
presence pursuant to Board of …………………..
Director‟s Resolution dated …………….

Name ………………………..

Designation ………………….
(Signature of the authorized
Signature ……………………. representative)

WITNESS :

I. ………………………………

II. ………………………………

Note:
1. For the purpose of executing the Joint Deed of Undertaking, the non-judicial stamp
papers of appropriate value shall be purchased in the name of Joint Venture.

2. The Undertaking shall be signed on all the pages by the authorized representatives of
each of the partners and should invariably be witnessed.

103
 Annexure – A10

FORMAT FOR EVIDENCE OF ACCESS TO / AVAILABILITY OF CREDIT /

FACILITIES

BANK CERTIFICATE

This is to certify that M/S

…………………………………………………………………………… (Full Name &
Address), who are submitting their Bid to Himachal Pradesh State Electricity
Board Ltd. against their Tender Document No: vide Reference No.:
………………….. and Date ……………. is our Customer for the past …………
years.

Their Financial Transactions with our Bank has been satisfactory. They enjoy the
following Fund based and Non Fund based Limits including our Guarantees, L /
C and other Credit Facilities with us against which the extent of utilization as on
date is also indicated below: -

Sr. TYPE OF FACILITY SANCTIONED LIMIT UTILISATIO

No. AS ON DATE ………... N AS ON
DATE
…………

This letter is issued at the request of M/S

………………………………………………

SIGNATURESOF AUTHORISED SIGNATORY

………………………………………

NAME …………
DESIGNATION……………………………………..
NAME OF BANK …………………………………...
PHONE NO: ………………………………………..
FAX No. : …………………..
ADDRESS: ………………………………………….
SEAL OF BANK

104