NTPC VIDYUT VYAPAR NIGAM LIMITED

(A wholly owned Subsidiary of NTPC Limited)

BIDDING DOCUMENTS

FOR
DEVELOPMENT OF 8.0 MW GRID CONNECTED
ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD
BIDDING DOCUMENT NO.: NVVN/C&M/RE-353/2024-25

(This Document is meant for the exclusive purpose of bidding against this Bid Document
No./ Specification and shall not be transferred, reproduced or otherwise used for purposes
other than that for which it is specifically issued)

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 NTPC VIDYUT VYAPAR NIGAM LIMITED
(A wholly owned Subsidiary of NTPC Limited)

CONTRACTS & MATERIALS

INVITATION FOR BIDS (IFB)

FOR
DEVELOPMENT OF 8.0 MW GRID CONNECTED
ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD

BID DOCUMENT NO: NVVN/C&M/RE-353/2024-25 DATE: As per NIT in

GEPNIC portal

NTPC VIDYUT VYAPAR NIGAM LIMITED (NVVN) invites online Bids from eligible bidders
on 'Single Stage Two Envelope' bidding basis (Envelope-I: Techno-Commercial Bid &
Envelope- II: Price Bid) for aforesaid Package.

For the detailed IFB and Bidding Documents please visit at e-procurement portal
[Link] or may contact Manager (Contracts), NTPC VIDYUT VYAPAR
NIGAM LIMITED, Engineering Office Complex, Plot No. A-8A Sector 24, Block A,
Noida, Uttar Pradesh 201301, Email: nvvncontracts@[Link] Tel No: 0120-4947246

Registered office: NTPC Bhawan, Scope Complex, 7, Institutional Area, Lodhi Road, New
Delhi-110003, Corporate Identification Number: U40108DL2002GOI117584, Website:
[Link]

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 BIDDING DOCUMENTS
FOR
DEVELOPMENT OF 8.0 MW GRID CONNECTED
ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD

BID DOCUMENT NO.: NVVN/C&M/RE-353/2024-25

CONTENTS

Section I : Invitation for Bids (IFB)

Section II : Instructions to Bidders

Section III : Bid Data Sheets (BDS)

Section IV : General Conditions of Contract (GCC)

Section V : Special Conditions of Contract (SCC)

Section VI : Technical Specifications (TS)

Section VII : Forms and Procedures (FP)

Section-VII (Part 1 of 2)

1a. Envelope-I (Techno-Commercial)

(Bid Form along with Attachments)

1b. Envelope-II (Price)

(Price attachments and Price Schedules)

Section-VII (Part 2 of 2)
Other Standard Forms & Procedures

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 Acronyms
BDS Bid Data Sheet

CIF Cost, Insurance and Freight

CIP Carriage and Insurance paid to (place)

CPM Critical Path Method

EDI Electronic Data Interchange

EXW Ex factory, ex works or ex warehouse

FCA Free Carrier

FOB Free on Board

FOR Free on Rail / Road

FP Bid Forms, Procedures & attachments

GCC General Conditions of Contract

ICC International Chamber of Commerce

IFB Invitation for Bids

ITB Instructions to Bidders

SCC Special Conditions of Contract

TS Technical Specifications and Drawings

UNCITRAL United Nations Commission on International Trade Law

INCOTERMS International Rules for interpreting Trade Terms.

Note : The terms EXW, CIF, etc. shall be governed by the rules prescribed in the current
edition of INCOTERMS, published by the international chambers of commerce, 38,
Cours Atbert 1er. 75008, Paris, France.

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 SECTION - I

INVITATION FOR BIDS (IFB)

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 INVITATION FOR BIDS

NTPC VIDYUT VYAPAR NIGAM LIMITED

(A wholly owned Subsidiary of NTPC Limited)

CONTRACT & MATERIALS

INVITATION FOR BIDS (IFB)

FOR
DEVELOPMENT OF 8.0 MW GRID CONNECTED
ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD
(Domestic Competitive Bidding)

Bidding Document No.: NVVN/ C&M/RE-353/2024-25 Date: As per NIT in GEPNIC portal

1.0 NTPC VIDYUT VYAPAR NIGAM LTD (NVVN) invites on-line bids at Government e-procurement portal
of NIC (GePNIC) at website- [Link] on Single Stage Two Envelope Basis (i.e.
Envelope-I: Techno-Commercial Bid and Envelope-II: Price Bid) from eligible Bidders for aforesaid
package, as per the scope of work briefly mentioned hereinafter. This is in continuation to abridged NIT
dated : 25.12.2024 published on [Link]

2.0 SCOPE OF WORK : As per Section VI: Technical Specifications (TS)

3.0 NVVN intends to finance subject Package through External Commercial Borrowings/ Domestic
Commercial Borrowings / Own sources.

4.0 Detailed specification, scope of work and terms & conditions are given in the Bidding Documents, which
are available at the GePNIC (e-tender) portal at [Link] The Bidding Schedule* for
the Tender is as under:

Issuance of IFB As per NIT in GEPNIC portal

Bidding Document Sale Date & Time As per NIT in GEPNIC portal
Last Date for receipt of queries from
As per NIT in GEPNIC portal
bidders (if any) **

Pre Bid Conference date & time Not applicable

Bid Submission Start As per NIT in GEPNIC portal

Bid Submission End Date & Time* As per NIT in GEPNIC portal
Bid Opening Date & Time for
As per NIT in GEPNIC portal
Techno-Commercial Bid*
Price Bid Opening Date & Time Shall be intimated by NVVN/System Generated Email.
Cost of Bidding Document NIL
Bid Security
Rs 50,00,000/- (Indian Rupees Fifty Lakh Only)

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 INVITATION FOR BIDS

*Bidders are advised to visit the GePNIC (e-tender) portal of NTPC for updated bidding schedule
of the Tender.

**It is to be noted that “No Queries from Bidders, whatsoever, shall be entertained by the Employer
beyond the last date of receipt of Queries/ Pre-Bid Conference (if applicable) as specified at GePNIC
portal of NTPC”.

Note:

Bidders are advised to visit the site and collect all necessary information required for installation of solar
PV plants, before submission of their bids. Bidder shall be responsible for accessing the site conditions
before submission of bid and NO ADDITIONAL CLAIM shall be entertained in this regard.

5.0 All bids must be accompanied by Bid Security for an amount of Rs 50,00,000/- (Indian Rupees Fifty
Lakh only) in the form as stipulated in the Bidding Documents.

ANY BID NOT ACCOMPANIED BY AN ACCEPTABLE BID SECURITY SHALL BE REJECTED BY

THE EMPLOYER AS BEING NON-RESPONSIVE AND SHALL NOT BE OPENED. BIDDER SHALL
SUBMIT THE PROOF OF E-PAYMENT IN SEPARATE SEALED ENVELOPE OR IN THE E-
TENDERING PORTAL, IF BID SECURITY IS SUBMITTED THROUGH ELECTRONIC FUND
TRANSFER

BANK DETAILS FOR EFT PAYMENT

(i) Bank Name: ICICI Bank Limited

(ii) Branch: CONNAUGHT PLACE BRANCH
(iii) Bank Address: 9A, PHELPS BUILDING, CONNAUGHT PLACE, NEW DELHI- 110001
(iv) IFSC Code: ICIC0000007
(iv)Account No.: 000705008910

6.0 QUALIFYING REQUIREMENTS FOR BIDDERS : NVVN RE enlisted bidders, who are qualified based
on financial criteria, are eligible for the subject tender.

7.0 A complete set of Bidding Documents may be downloaded by any interested Bidder from the e-Tender
Portal as per specified schedule. The tender is invited under e-tendering process. The bidders can enroll
themselves on the website [Link] The use of Digital Signature Certificate (DSC)
Class-3 key is mandatory for e-tendering activities. Accordingly, bidders should have Digital Signature
Certificate (DSC) key of Class 3 to participate in e-tendering. Bidders, if required, can obtain DSC Class-3
key from agencies authorized by Govt. of India. The e-Tender Portal also has the user manuals with
detailed guidelines on enrolment and participation in the bidding process.
No hard copy of Bidding Documents shall be issued. Bids shall be submitted ONLY at the e-
Tender Portal i.e. [Link]

8.0 'Class-I local suppliers’ and ‘Class-II local suppliers’ only are eligible to participate in this tender, as
defined in the bidding documents/ Public Procurement (Preference to Make in India), Order 2017 and its
subsequent amendments/ revisions issued by DPIIT. The bidders may apprise themselves of the relevant
provisions of bidding documents in this regard before submission of their bids."
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 INVITATION FOR BIDS

9.0. Any ‘Bidder from a country which shares a land border with India’, as specified in the Bidding Documents,
will be eligible to bid in this tender only if bidder is registered with the Competent Authority as mentioned
in the Bidding Documents.

Further, any bidder (including bidder from India) having specified Transfer of Technology (ToT)
arrangement with an entity from a country which shares a land border with India, will be eligible to bid
only if the bidder is registered with the same competent authority.

However, the said requirement of registration will not apply to bidders from those countries (even if
sharing a land border with India) to which the Government of India has extended lines of credit or in
which the Government of India is engaged in development projects.

10.0 Transfer of Bidding Documents by one intending Bidder to another is not permissible.

11.0 Downloading/Issuance of Bidding Documents and /or submission of Bid shall not construe that bidder is
considered qualified.

12.0 NVVN reserves the right to reject any or all bids or cancel/withdraw the Invitation for Bids (IFB) without
assigning any reason whatsoever and in such case no bidder/intending bidder shall have any claim
arising out of such action.

13.0 Address for communication:

Manager (C&M)
NTPC VIDYUT VYAPAR NIGAM LIMITED
Engineering Office Complex, Plot No. A-8A Sector 24, Block A,
Noida, Uttar Pradesh 201301
Email: nvvncontracts@[Link] ,
Corporate Identification Number: U40108DL2002GOI117584,
website: [Link].n
Phone No: 0120-4947246

14.0 Registered Office

NTPC VIDYUT VYAPAR NIGAM LIMITED,

NTPC Bhawan, Core-7, SCOPE Complex,
7, Institutional Area, Lodhi Road,
New Delhi – 110003
Corporate Identification Number: U40108DL2002GOI117584.
Website: [Link]

15.0 Other Instructions

i. Please use ‘Online Bidder Enrollment’ link provided on portal [Link] (GePNIC) to
register
ii. Go through Help, FAQ etc. as provided on the above portal.
iii. Class III digital signature (DSC) is required for submission of BID on above portal.

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 INVITATION FOR BIDS

iv. Important Note: It is strongly recommended that all authorized users of Supplier organizations should
thoroughly peruse the information provided under the relevant links, and take appropriate action. This
will prevent hiccups, and minimize teething problems during the use of GePNIC.

GePNIC Helpdesk Telephone: 24X7 Customer Support +91-120-4001 002/+91-120-4200 462/ +91-120-
4001 005/+91-120-6277 787

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 NTPC VIDYUT VYAPAR NIGAM LIMITED
(A wholly owned Subsidiary of NTPC Limited)

SECTION – II

INSTRUCTIONS TO BIDDERS
 Table of Clauses – Instructions to Bidders

Clause. No. Description

A. Introduction
1. Source of Funds
2. Eligible Plant, Equipment and Services
3. Cost of Bidding
B. The Bidding Documents
4. Content of Bidding Documents
5. Clarification on Bidding Documents
6. Amendment to Bidding Documents
C. Preparation of Bids
7. Language of Bid
8. Documents Comprising the Bid
9. Price Envelope including Price Schedules
10. Bid Prices
11. Bid Currencies
12. Bid Security
13. Period of Validity of Bids
14. Format and Signing of Bid
D. Submission of Bids
15. Submission of Bids
16. Deadline for Submission of Bids
17. Deleted
18. Modification and Withdrawal of Bids
E. Bid Opening and Evaluation
19. Opening of Bids
20. Clarification on Bids
21. Preliminary Examination of Techno-Commercial Bids
22. Qualification
23. Evaluation of Techno-Commercial Bids
24. Preliminary Examination of Price Bids
25. Evaluation of Price Bid
26. Contacting the Employer
F. Award of Contract
27. Award Criteria
28. Employer’s Right to accept any Bid and to reject any or all Bids
29. Notification of Award
30. Signing the Contract Agreement
31. Performance Security
32. Annulment of Award

G. Other Instructions
33. Ineligibility for participation in re-tender/future tenders
34. Time Schedule
35. Corrupt or Fraudulent Practices
36. Fraud Prevention Policy
37. Policy for Debarment from Business Dealings
38. Pre-bid Conference
39. Integrity Pact
40. Independent External Monitors
41. Restrictions on procurement from a Bidder of a country which shares a land border with India
42. Conflict of Interest
43 Benefits to Micro and Small Enterprises
44. Royalty
45. Exemption on GST
46. Anti-Bribery and Anti-Corruption (ABAC) Policy:
 ``
Clause No. INSTRUCTIONS TO BIDDERS (ITB)

INSTRUCTIONS TO BIDDERS

A. Introduction

1.0 Source of Funds

1.1 The Employer as defined in Bid Data Sheet (BDS) intends to finance the package named
in the BDS, through domestic / own resources/ External Commercial Borrowings.

2.0 Plant, Equipment and Services

2.1 For the purposes of these bidding documents, the word "facilities" means the plant and
equipment to be supplied and installed, together with the services to be carried out by the
contractor under the contract. The words "plant and equipment", "installation services"
etc., shall be construed in accordance with the respective definitions given to them in the
General Conditions of Contract.

2.2 Eligible Bidders

Bidding for the package named in the Bid Data Sheet (BDS) is open to bidders from
within the Employer's country only, subject to fulfillment of conditions specified in ITB
Clause “Restrictions on procurement from a Bidder of a country which shares a
land border with India”.

3.0 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its bid,
and the Employer will in no case be responsible or liable for these costs, regardless of
the conduct or outcome of the bidding process.

B. The Bidding Documents

4.0 Content of Bidding Documents

4.1 The facilities required, bidding procedures, contract terms and technical requirements are
prescribed in the bidding documents. The bidding documents include the following
sections:
Section I – Invitation for Bids (IFB)

Section II – Instructions to Bidders (ITB)

Section III – Bid Data Sheet (BDS)

Section IV – General Conditions of Contract (GCC)

Section V – Special Conditions of Contract (SCC)

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

Section VI – Technical Specifications (TS)

Section VII – Forms and Procedures (FP)

Part 1 of 2- Bid Form along with Attachments and Price Schedules

Part 2 of 2- Standard Forms & Procedures

4.2 The Bidder is expected to examine all instructions, forms, terms, conditions,
specifications and other information in the bidding documents. Failure to furnish all
information required as per the bidding documents or submission of a bid not
substantially responsive to the bidding documents in every respect will be at the Bidder’s
risk and may result in rejection of its bid.

4.3 Mode of Tendering

The Bid is invited under e-tendering process. The bidding documents shall be published
on the Government e-procurement portal of NIC (GePNIC) at address
[Link] (e-Tender Portal). The bidders can enroll themselves on the
portal using the “Online Bidder Enrollment” tab. The use of Digital Signature Certificate
(DSC) key is mandatory for e-tendering activities. Accordingly, bidders should have
Digital Signature Certificate (DSC) key of Class 3 to participate in e-tendering. Bidders, if
required, can obtain digital signature certificate (DSC) Key of Class 3 from agencies
authorized by Govt. of India. The said portal also has the user manuals with detailed
guidelines on enrollment and participation in the bidding process.

5.0 Clarification on Bidding Documents

5.1 A prospective Bidder requiring any clarification to the bidding documents may notify the
Employer through ‘Seek Clarifications’ tab under e-Tender portal or through e-mail at the
address indicated in Bid Data Sheet (BDS). The Employer will respond to any request for
clarification or modification of the bidding documents that it receives no later than the last
date of receipt of queries as specified in Invitation for Bids (IFB). The Employer will post
the Clarifications at e-Tender Portal and Bidders can view these clarifications once they
are posted at the portal. Bidders are also advised to regularly check at e-Tender Portal
regarding posting of clarification, if any.

Further, no queries from Bidders shall be entertained after last date of receipt of Queries/
Pre-Bid Conference (if applicable) as specified in IFB. Accordingly, any query (ies)
received from Bidders after the cut-off date shall not be considered and bidders to submit
the bid based on the bidding documents (and amendments/ Errata/ Clarifications etc.
thereof) issued.

5.2 The Bidder is advised to visit and examine the site where the facilities are to be installed
and its surroundings and obtain for itself on its own responsibility all information that may
be necessary for preparing the bid and entering into a contract for supply and installation
of the facilities. The costs of visiting the site shall be borne by the bidder fully.

5.3 The Bidder and any of its personnel or agents will be granted permission by the Employer
to enter upon its premises and lands for the purpose of such inspection, but only upon
the express condition that the Bidder, its personnel and agents will release and indemnify

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

the Employer and its personnel and agents from and against all liability in respect thereof
and will be responsible for death or personal injury, loss of or damage to property and
any other loss, damage, costs and expenses incurred as a result of the inspection.

6.0 Amendment to Bidding Documents

6.1 At any time prior to the deadline for submission of bids, the Employer may, for any
reason, whether at its own initiative, or in response to a clarification requested by a
prospective Bidder, amend the bidding documents.

6.2 The amendments will be posted at e-Tender Portal for viewing by the Bidder. The
amendments will be binding on Bidders and it will be assumed that the information
contained therein will have been taken into account by the Bidder in its bid. Bidders are
also advised to regularly check e-Tender Portal regarding posting of Amendment, if any.

6.3 In order to afford prospective Bidders reasonable time in which to take the amendment
into account in preparing their bid, the Employer may, at its discretion, extend the
deadline for the submission of bids.

C. Preparation of Bids

7.0 Language of Bid

The bid prepared by the Bidder and all correspondence and documents related to the bid
exchanged between the Bidder and the Employer shall be written in English language,
provided that any printed literature furnished by the Bidder may be written in another
language, as long as such literature is accompanied by a translation of its pertinent
passages in English language in which case, for purposes of interpretation of the bid, the
translation shall govern.

The English Translation of the documents shall be carried out by professional translators
and the translator shall certify that he is proficient in both languages in order to translate
the document and that the translation is complete and accurate. Further, translation shall
be authenticated by the Indian Consulate located in the Country where the documents
have been issued or the Embassy of that Country in India.

8.0 Documents Comprising the Bid

Single Stage Two Envelope Bidding Procedure shall be followed for the subject package
as under:

Envelope-I : Techno-Commercial Bid

Envelope-II : Price Bid

The bidder has to submit Techno-Commercial Bid (Envelope-I) and Price Bid (Envelope-
II) through e-Tender Portal only. In addition, the documents mentioned in clause no. 8.1.1
have also to be submitted in Original in physical mode before the last date & time of
submission of bid. To submit their bid through electronic mode at the e-Tender Portal,

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

bidder has to use their digital signature certificate keys. The bidders are requested to
download the entire bidding documents from the e-Tender Portal.

8.1 Techno-Commercial Bid (Envelope-I)

The Techno-Commercial Bid shall comprise of the following:

8.1.1 Documents to be submitted in physical form in separate sealed envelope (s) duly
marked in accordance with ITB clause 15.1 i.e. “Sealing and Marking of Physical
Documents”:

(a) Attachment 1: Bid Security

Bid security shall be furnished in accordance with ITB Clause 12.

Bidder can also submit the Bid Security Online prior to the last date and time for
submission of Bid through NEFT/RTGS transfer in the account of NTPC Vidyut
Vyapar Nigam Limited as per details given below

(i) Bank Name: ICICI Bank Limited

(ii) Branch: CONNAUGHT PLACE BRANCH
(iii) Bank Address: 9A, PHELPS BUILDING, CONNAUGHT PLACE, NEW
DELHI- 110001
(iv) IFSC Code: ICIC0000007
(iv) Account No.: 000705008910

In such case, upon successful e-payment of the Bid Security to NVVNs bank
account, payment details shall be submitted by the bidder as a part of its bid, in
the e-tendering portal and in a separate sealed envelope, as a proof of e-
payment of Bid Security.

(b) Attachment 1A: Tender Fee : Not applicable

(c) Attachment 2: Power of Attorney

A power of attorney, duly notarized 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
the Bidder during the full period of its validity in accordance with ITB Clause 13.

Power of attorney(s), duly notarized by Notary Public, indicating that the

person(s) signing the documents on behalf of Associate(s)/ collaborator(s)/
executants(s) of JV Agreement (if permissible in Section-III, Bid Data Sheet) have
the authority to sign the same and the said documents are binding upon them
during the full period of their validity.

Further, in case of JV bid (if permissible in Section-III, Bid Data Sheet), a power
of attorney in favour of the authorized signatory of the lead partner, signed by

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

legally authorized signatory (ies) of other joint venture partner shall also be
submitted.

(The Authority of the person issuing the Power of Attorney shall also be
submitted).

Further, Bidder to note that bid can be submitted/digitally signed by only

one person. The Power of Attorney must be in the name of person digitally
signing the bids.

In addition, the scanned copy of above-mentioned physical forms shall be

uploaded by Bidder in “Fee Cover” or Techno-commercial Envelope on the e-
tender portal.

(d) Attachment-3I: Deed of Joint Undertakings [IF APPLICABLE]

(e) Attachment-3L: JV Agreement [IF APPLICABLE]

8.1.2 Documents to be submitted online through e-tender mode:

The Bid Form as per Section-VII, Part 1 of 2, duly completed together with the following
Attachments shall be uploaded at the e-Tender Portal in the Pre-Qual/Technical
Cover/Envelope

(a) Attachment 3: Deleted

(b) Attachment 4: Conformity of the Facilities

The documentary evidence of the conformity of the facilities to the bidding

documents may be in the form of literature, drawings and data, and shall include:

(i) a detailed description of the essential technical and performance

characteristics of the facilities;

(ii) a list giving full particulars, including available sources, of all spare parts,
special tools, etc., necessary for the proper and continuing functioning of
the facilities following completion of facilities in accordance with
provisions of contract; and

(iii) a commentary on the Employer's Technical Specifications and adequate

evidence demonstrating the substantial responsiveness of the facilities to
those specifications. Bidder shall note that standards for workmanship,
materials and equipment designated by Employer in the bidding
documents are intended to be descriptive (establishing standards of
quality and performance) only and not restrictive. The bidder may
substitute alternative standards, brand names and/or catalogue numbers

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

in its bid, provided that it demonstrates to Employer's satisfaction that the

substitutions are substantially equivalent or superior to the standards
designated in the Technical Specifications.

Attachment 4A: Special Tools and Tackles

The bidder shall provide the details regarding Special Maintenance Tools and
Tackles. The cost of these Tools and Tackles shall be included in the Bid Price.

(c) Attachment 5: Erection Tools and Plant and Safety Equipments &
Safety Personal Protective Equipments

List of Erection Tools and Plant and Safety Equipments & Safety Personal
Protective Equipments which the bidder proposes to bring to site in case the
contract is awarded to him.

Attachment 5A: Commissioning / Start-up spares

List of Commissioning / Start-up spares which the bidder proposes to bring to site
in case the contract is awarded to him.

(d) Attachment 6: Quality Assurance Programme

Details regarding the overall quality management & procedures which the bidder
proposes to follow during various phases of execution of the contract.
(e) Attachment 7: Additional Information
Additional Information which the bidder wishes to provide in his bid.

(f) Attachment 8: Demonstration Parameter / Guarantee Declaration

The declaration on the demonstration parameters as per Employer’s format.

Attachment 8A: Functional Guarantees

The declaration on the guaranteed values of parameters as per Employer’s

format.
(g) Attachment-9: Integrity Pact :
The "Integrity Pact" shall be furnished in accordance with the provision of Integrity
Pact specified in Bidding documents.
(h) Attachment 10: Details of Foreign Principals of Indian Bidders
The Bidder shall furnish information with regards to disclosure of the details of its
foreign principals or associates.
(i) Check List

Other Attachment (s), if any, shall be as specified in BDS.

8.1.3 General Technical Evaluation (GTE) Conditions:

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

Bidders shall be required to accept the following mandatory General Technical Evaluation
(GTE) condition of the Tender at e-Tender Portal prior to the submission of Bid:

“Do you certify full compliance to all provisions of Bidding Document?”

By accepting above GTE, Bidder shall certify their compliance to all provisions of Bidding
Documents including but not limited to the following important provisions:
(a) Full compliance on Qualifying Requirements
(b) Fraud Prevention Policy of NTPC/NVVN.
(c) Policy for Debarment from Business Dealings of NTPC/NVVN.
(d) ITB Clause “Restrictions on procurement from a Bidder of a country which shares a
land border with India”
(e) All provisions of the Integrity Pact
(f) Anti-Bribery and Anti-Corruption (ABAC) Policy of NTPC
(g) Conflict of Interest Clause of ITB

Acceptance of above GTE shall be considered as Bidder's confirmation that any

deviation to the any provision found anywhere in their Bid Proposal, implicit or
explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to the Employer, failing which the bid shall be rejected and bid security
shall be forfeited.

Note: The Techno-Commercial Bid should not contain any price content entry. In
case, the Techno-Commercial Bid is found to contain any price content, such bid
shall be liable for rejection.

8.2 Price Envelope

The Price envelope submitted by the Bidder shall comprise of the following:

8.2.1 The following Attachments to Price Envelope as per Section-VII, part 1 of 2, duly
completed together with Bill of Quantity (BOQ)/Price Schedules shall be uploaded at e-
Tender Portal in ‘Finance’ cover/Envelope:

(Bidders may note that Attachments to Price Envelope together with BOQ/Price
Schedules should NOT be uploaded in Pre-Qual/Technical Cover/Envelope at the e-
Tender Portal.)

(i) Attachment 1P: Declaration regarding Import Content in Ex-works price

Bidder may note that CIF value of import content in the Ex-works (India) price
quoted in Schedule-1 of the bid, if any, shall be necessarily declared by the
bidders in Attachment-1P. Bidder may further note that the relevant certificate
for claiming the concessional custom duty benefits, if any shall be issued on the
aforesaid declaration basis only. In case no such import content is envisaged in

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

the bid or the CIF value of import content to be declared is zero, the bidder shall
indicate “NIL” against the CIF value of import content.

In cases where no value is indicated by the bidder against the CIF value of
import content in Attachment-1P or statement/ any declaration like ‘later’, ‘to be
furnished later’, ‘NA’ etc. are indicated by the bidder, in such cases the CIF value
of import content in the bid shall be considered as “NIL” for the purpose of
issuance of relevant certificate for claiming the concessional custom duty
benefits, if any. No further claim in this regard shall be entertained by the
Employer.

(ii) Attachment 2P: Not Applicable

(iii) Attachment 3P: Functional Guarantees

The declaration on the guaranteed values of parameters as per Employer’s format.

(iv) Attachment 4P: Price Adjustment Data : Not applicable

Details regarding Price Adjustment as per the Employer's format.

(v) Check List

Other Attachment (s), if any, shall be as specified in BDS.

8.3 Price envelope should not contain any matter in respect of Technical and / or Commercial
aspects other than the details specifically sought in the Price envelope. If the
Technical/commercial matters indicated in Price envelope are found to be in contradiction
with the details furnished in Techno-Commercial envelope, the details furnished in
Techno-Commercial envelope shall prevail.

8.4 The Envelope-I (Techno-Commercial Bid) & Envelope-II (Price) Bid submitted by the
Bidder should be without any deviations and strictly in conformity with the provisions of all
bidding documents and amendments/ addenda/ corrigenda/errata/clarifications to the
Bidding Documents issued by Employer prior to deadline for submission of bids. A
conditional Price Bid shall run the risk of rejection.

9.0 Price Envelope including Price Schedules

The Bidder shall complete the Attachments to Price envelope and the appropriate BOQ
(excel sheet) along with Price Schedules (if provided) furnished in the bidding documents
as indicated therein, following the requirements of ITB Clauses 10 and 11.

10.0 Bid Prices

10.1 Unless otherwise specified in the Technical Specifications, Bidders shall quote for the
entire facilities on a “single responsibility” basis such that the total bid price covers all the
Contractor’s obligations mentioned in or to be reasonably inferred from the bidding
documents in respect of the design, manufacture, including procurement and
subcontracting (if any), delivery, construction, installation, commissioning, civil & steel
structural works (as applicable), O&M for years as specified in Technical
Specification/SCC, Completion of the facilities and conductance of Guarantee tests for

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the facilities including supply of mandatory spares (if applicable). This includes all
requirements under the Contractor’s responsibilities for testing, pre-commissioning and
commissioning of the facilities, conducting Guarantee tests and, where so required by the
bidding documents, the acquisition of all permits, approvals and licenses, etc.; the
operation, maintenance and training services and such other items and services as may
be specified in the bidding documents, all in accordance with the requirements of the
General Conditions of Contract and Technical Specifications.

10.2 Bidders are required to quote the price in the Price Schedule/Price bid for the
commercial, contractual and technical obligations outlined in the bidding documents.

10.3 Bidders shall give a breakdown of the prices in the manner and detail called for in the Bill
of Quantity (BOQ) (excel format)

Further, Bidder are also required to furnish the detailed break-up of their BOQ price in the
Price Schedules (if provided along with Bidding documents) in the following manner:

Schedule No. 1 Plant and Equipment including Type Tests charges (if applicable)
and Mandatory Spares to be supplied from within the Employer’s
Country

Schedule No. 2 Local Transportation including Inland transit insurance and other
local costs incidental to delivery of Plant & Equipment and
Mandatory Spares.

Schedule No. 3 Installation Services including Erection and Civil/Structural

Works (as applicable) and O&M (Schedule 3A), Insurance
covers other than inland transit insurance, Safety
Aspects/Compliance to Safety Rules and other services as
specified in the bidding documents.

Schedule No. 4 Goods and Services Tax (GST), applicable on Schedules – 1,2,
& 3 , not included in bid price.

Bidders shall note that the plant and equipment included in Schedule no. 1 above shall
exclude all materials used in civil, building and other construction works, if any. All such
materials shall be included and priced under Schedule No.3 (Installation Services).

10.4 In the BOQ/Price Schedules, Bidders shall give the required details and a breakdown of
their prices as follows:

(a) Schedule 1: Plant and Equipment (including Type Test Charges) and Mandatory
Spares to be supplied from within the Employer’s country (Schedule No. 2) shall
be quoted on EXW (Ex-Factory, Ex-Works, Ex-Warehouse or Off-the-Shelf, as
applicable) basis and shall be inclusive of all costs as well as taxes, duties and

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

levies paid or payable on components and raw materials incorporated or to be

incorporated in the facilities.

(b) Schedule 2: Local Transportation, Inland Transit Insurance and other local costs
incidental to delivery of the Plant and Equipment including Mandatory Spares
shall be quoted in Schedule-2.

(i) Bidders are advised to price their bids in such a manner that Schedule 2
(Local Transportation and Inland Transit Insurance and Other Local
Costs Incidental To Delivery Of Plant & Equipment) Price Component of
the bid price should not be more than maximum percentage (as specified
in BDS) of the cumulative total of Ex-works Price of Main Equipment
indicated in Schedule No.1.

In case the Transportation (including Inland Transit Insurance) is above

the maximum percentage specified above, the amount by which it is
higher shall be retained while releasing progressive payments due on
transportation, and no interest shall be payable on the retained amount.
The aforesaid retained amount shall be paid along with payment due on
Commissioning of the Premise.

(c) Schedule 3: Installation Services including Erection and Civil & Allied Works (as
applicable) and Operation & Maintenance (O&M) (Schedule 3A) for number of
years as specified in BDS/SCC/Technical Specification shall be quoted
separately (Schedule No. 3) and shall include rates or prices for all labour,
contractor’s equipment, temporary works, materials, consumables and all matters
and things of whatsoever nature, charges for insurance covers other than inland
transit Insurance, charges for Safety Aspects/Compliance to Safety Rules
including operations and maintenance services (if applicable), the provision of
operations and maintenance manuals, training of employer’s personnel, etc., and
other services, as identified in the Bidding Documents, as necessary for the
proper execution of the Installation Services.

(i) Bidders are advised to price their bids in such a manner that Installation
Price Component of the bid price (excluding Civil/Structural works price
(if applicable)) should not be less than minimum percentage (as specified
in BDS) and should not be more than the maximum percentage (if
applicable and specified in BDS) of the cumulative total of Ex-works
Price of Main Equipment indicated in Schedule No.1.

In case the Installation Price is below the minimum percentage specified

above, the amount by which it is lower shall be retained proportionately
from the Ex-works component of Contract price while releasing payments
due on receipt of equipment, and no interest shall be payable on the
retained amount. The aforesaid retained amount shall be paid on pro-rata
basis upon completion of installation of the respective equipment and its
certification by the Project Manager.

In case the Installation Price is above the maximum percentage specified

above, the amount by which it is higher shall be retained while releasing

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progressive payments due on installation of equipment, and no interest

shall be payable on the retained amount. The aforesaid retained amount
shall be paid along with payment due on completion of Trial Operation /
Completion of Facilities of entire project.

(ii) Bidders are advised to price their bids in such a manner that the Civil Works
Price Component of the bid price (including Site Fabricated Structural works
price) should not be less than minimum percentage (as specified in BDS)
and should not be more than maximum percentage (if applicable and
specified in BDS) of the cumulative total of Ex-works Price of Main
Equipment indicated in Schedule No.1.

In case the Civil Works Price (including Site Fabricated Structural works
price) is below the minimum percentage specified above, the amount by
which it is lower shall be retained proportionately from Ex-Works
component of Contract price while releasing payments due on dispatch of
equipment, and no interest shall be payable on the retained amount. The
aforesaid retained amount shall be paid on pro-rata basis upon
completion of Civil Works including Structural works (if any) corresponding to
the respective equipment and its certification by the Project Manager.

In case the Civil Works Price (including Site Fabricated Structural Works
Price) is above the maximum percentage specified above, the amount by
which it is higher shall be retained while releasing progressive payments
due on completion of civil works (including Site Fabricated Structural
works), and no interest shall be payable on the retained amount. The
aforesaid retained amount shall be paid along with payment due on
completion of Trial Operation / Completion of Facilities of entire project.

(iii) Bidders are advised to price their bids in such a manner that the
component for ‘Amount linked to Safety Aspects/ compliance to Safety
Rules’ should not be less than minimum percentage (as specified in
BDS) of the cumulative total of Civil + Installation/ Erection + Structural
Works portion of the Contract.

In case ‘Amount linked to Safety Aspects/ compliance to Safety Rules’ is

less than aforesaid minimum percentage specified of the cumulative total
of Civil + Installation/ Erection + Structural Works portion of the Contract,
the amount by which it is lower shall be retained proportionately from the
other components of Schedule-4 of the Contract price while releasing
payments of each RA bill. No interest shall be payable on the amounts
linked to Safety Aspects / Compliance to Safety Rules including
aforesaid retained amount. The amounts linked to Safety Aspects/
Compliance to Safety Rules including aforesaid retained amount shall be
payable in part or full based on safety compliance duly certified by
Project Manager and Safety-in-charge on quarterly basis.

(iv) Bidders are advised to price their bids in such a manner that the O&M
Component should not be less than minimum percentage (as specified in
BDS) of the cumulative total of EPC Price (i.e Supply (Sch-1),

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

Transportation (Sch-2) and Installation Services (Sch-3) (incl Civil &

Safety))

In case O&M Charges are below the minimum price as mentioned, the
amount by which it is lower shall be retained from the Ex-Works
component of Contract price while releasing payments due on receipt of
equipment, and no interest shall be payable on the retained amount. The
aforesaid retained amount shall be paid on pro- rata basis upon
completion of O&M Period and its certification by the project manager.

(v) Bidders are advised to price their bids in such a manner that Schedule 2
(LOCAL TRANSPORTATION AND INLAND TRANSIT INSURANCE AND
OTHER LOCAL COSTS INCIDENTAL TO DELIVERY OF PLANT &
EQUIPMENT) Price Component of the bid price should not be more than
maximum percentage (as specified in BDS) of the cumulative total of Ex-
works Price of Main Equipment i.e Schedule No.1.

In case the Transportation (including Inland Transit Insurance) is above

the maximum percentage specified above, the amount by which it is
higher shall be retained while releasing progressive payments due on
transportation, and no interest shall be payable on the retained amount.
The aforesaid retained amount shall be paid along with payment due on
Commissioning of the premise.

(e ) Deleted

(f) The prices quoted in Schedule Nos. 1,2 & 3 shall be inclusive of all Taxes,
Duties, Levies & charges, except Goods and Services Tax (GST), payable in the
Employer’s country as of seven (7) days prior to the deadline for submission of
price bids. Further, all Taxes, Duties, Levies & Charges on the Materials
incorporated in Erection and Civil & Allied Works (as applicable) shall also be
included in the prices quoted in Schedule No. 3 & no separate payment on this
account, whatsoever, shall be made by Employer.

Goods and Services Tax (GST) applicable on goods and services specified in
Schedule Nos. 1, 2 & 3 shall not be included in respective schedules but shall be
quoted separately in Schedule No. 4. The Goods & Services Tax (GST) quoted
by the bidder in Schedule No. 4 shall be as applicable in the Employer’s country
as on seven (7) days prior to the deadline for submission of Price Bids.

Due Input Tax credits under GST as per the relevant Govt. Policy, wherever
applicable, shall be taken into account by the Bidder while quoting his price.

10.5 The terms EXW, FOB, CIF, etc., shall be governed by the rules prescribed in the current
edition of Incoterms, published by the International Chamber of Commerce, 38, Cours
Albert 1er, 75008, Paris, France.

10.6 Benefits / Concessional Custom Duty

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

- Solar Photo Voltaic Power Generation Projects

Bidder may ascertain the availability of Custom Duty benefits under the Customs Tariff
Act, available on import of Raw Materials/ Sub- Assembly/ Items, which are required for
the manufacture and supply of plant and equipment to be incorporated in the facilities
under the Contract. The Employer shall issue the required Certificate, as per relevant
policies of the Govt. of India, to facilitate the bidders to avail any such benefit under the
Contract. For issuance of such Certificate by the Employer, the bidders shall be required
to indicate the import content included in their bid price, in Attachment-1P of Price Bid.
The relevant Certificate will be issued on this basis only.

In addition, Bidder may also like to ascertain the availability of Custom Duty Benefits
available for import of construction Equipment, if any, as per the extant Customs Acts &
Notification of Govt. of India. Where the Bidder has quoted taking into account the
Custom Duty benefits available for import of Construction Equipment, he must give all
information required for issue of relevant Certificate by Employer in Attachment-2P. The
relevant Certificate will be issued on this basis only and no subsequent change will be
permitted.

However, if the above certificates are required to be issued by any department/ministry of

Government of India or State Government where the Project is located other than
Employer, the bidder shall itself be responsible for obtaining such certificate from the
concerned department/ministry. In such a case, the Employer may issue a letter of
recommendation.

Further, the bidders shall themselves be solely responsible for availing the above
benefits, which they have considered in their bid. In case of failure of the bidders to
receive the benefits partly or fully from the Govt. of India and/or in case of any delay in
receipt of such benefits and/or withdrawal of such benefits by the Govt. of India, the
Employer shall neither be liable nor responsible in any manner whatsoever.

10.7 Price Basis

Prices quoted by the Bidder shall remain firm and fixed for the entire period of execution
of the Contract.

11.0 Bid Currencies

11.1 Bidders shall quote all prices in Indian Rupees only.

12.0 Bid Security

12.1 The Bidder shall furnish, as part of its Bid, a Bid Security in a separate sealed envelope
in the amount and currency as stipulated in the Bid Data Sheet (BDS). In case bid
security amount is deposited as EFT, Proof of e-payment of Bid Security, shall be
submitted in the e-tendering portal or in a separate sealed envelope.

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

12.2 The Bid Security shall, at the Bidder's option, be in the form of Electronic Fund Transfer
(EFT) or a bank guarantee from any of the banks specified in the Bid Data Sheet (BDS)
or an Insurance Surety Bond from an Insurer as per guidelines issued by Insurance
Regulatory and Development Authority of India (IRDAI).

Bidder can Submit the Bid Security Online prior to the last date and time for submission
of Bid through NEFT/RTGS transfer in the account of NTPC Vidyut Vyapar Nigam
Limited as per details given below.

(i) Bank Name: ICICI Bank Limited

(ii) Branch: CONNAUGHT PLACE BRANCH
(iii) Bank Address: 9A, PHELPS BUILDING, CONNAUGHT PLACE, NEW DELHI-
110001
(iv) IFSC Code: ICIC0000007
(v) Account No.: 000705008910

Upon successful e-payment of the Bid Security to NVVNs bank account, payment details
shall be submitted by the bidder as a part of its bid, in the e-tendering portal or in a
separate sealed envelope, as a proof of e-payment of Bid Security.

The format of the Bank Guarantee/ Insurance Surety Bond shall be in accordance with
the form of bank guarantee/ Insurance Surety Bond towards bid security included in the
Bidding Documents. Bid Security shall remain valid for a period of forty-five (45) days
beyond the original Bid validity period and beyond any extension of bid validity
subsequently requested under relevant clause of ITB.

12.3 Deleted

12.4 Any bid not accompanied by an acceptable bid security in a separate sealed
envelope shall be rejected by the employer as being non-responsive and shall not
be opened. In case, the bid security is submitted as EFT, bidder to submit the
proof of e-payment of bid security either in separate sealed envelope or in the e-
tendering portal.

12.5 BG against Bid Security issued by a Bank outside India needs to bear stamp duty of
appropriate value applicable to the place where BG is to be submitted. The BG may be
got adjudicated by the employer from Collector of Stamps, within 3 months of arrival of
BG in India. Expenses incurred in this regard shall be borne by Employer.

Insurance Surety Bond against Bid Security issued by an Indian Insurance company
outside India needs to bear stamp duty of appropriate value applicable to the place where
Insurance Surety Bond is to be submitted. The Insurance Surety Bond may be got
adjudicated by the employer from Collector of Stamps, within 3 months of arrival of
Insurance Surety Bond in India. Expenses incurred in this regard shall be borne by
Employer.

12.6 Subject to clause 12.8 below, the Bid Security of the Bidder whose Techno-Commercial
Bid has not been found acceptable, shall be returned along with letter communicating

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

rejection of Techno-Commercial Bid. The Bid Security of the bidders who are
unsuccessful after opening of Price Bids shall be returned expeditiously.

12.7 The Bid Security of the successful Bidder to whom the contract is awarded will be
returned when the said Bidder has signed the Contract Agreement and has furnished the
required Performance Securities pursuant to relevant clauses of ITB.

12.8 The Bid Security may be forfeited

a) If the Bidder withdraws or varies its Bid during the period of Bid validity;
b) If the Bidder does not accept the correction of its Bid Price pursuant to ITB Sub-
Clause for Arithmetical Correction.
c) If the Bidder refuses to withdraw, without any cost to the Employer, any deviation,
variation, additional condition or any other mention anywhere in the bid, contrary
to the provisions of bidding documents;
d) In the case of a successful Bidder, if the Bidder fails within the specified time limit
to furnish the required Contract Performance Guarantee/Security Deposit in
accordance with relevant clause of ITB.
e) If the bidder/his representatives commits any fraud while competing for this
contract pursuant to Fraud Prevention Policy of EMPLOYER.
f) In case the Bidder/Contractor is disqualified from bidding process in terms of
Section 3 and 4 of Integrity Pact.

12.9 CONFIRMATION OF BGs THROUGH STRUCTURED FINANCIAL MESSAGING

SYSTEM (SFMS)/ SWIFT

While issuing the physical BGs, the Bidder’s Bank shall also send electronic message
through secure SFMS (in case of BGs issued from within India) or SWIFT (in case of BGs
issued from outside India) to Employer’s Beneficiary Bank whose details are provided
herein below:

(i) Bank Name: ICICI Bank Limited

(ii) Branch: CONNAUGHT PLACE BRANCH
(iii) Bank Address: 9A, PHELPS BUILDING, INNER CIRCLE, NEW DELHI-110001
(iv) IFSC Code: ICIC0000007

BG issuing/amending bank must send the BG advice in the form of message format via
SFMS (Structured Financial Messaging System) as provided by RBI. The format of the
message for confirmation of the BG shall be as below:

BG advising message: IFN 760COV/ IFN 767COV via SFMS

Field Number: Particulars (to be mentioned in Row 1)

7037: NVVNBG8910 (unique identifier)

12.10.1 Wherever the submission of Bid Security has been prescribed in the Bidding Documents,
the Bid must be accompanied by the Bid Security in a separate envelope. The envelope

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

must be clearly marked on top to evidence the presence of bid security and suitable
marking instructions to this effect may be included in the bidding documents.

In case the Bid Security is deposited by the Bidder/ vendor to NVVNs bank account,
bidder to submit the proof of e- payment of bid security either in separate envelope or in
the e-tendering portal.

12.10.2 In case of Bidders opting for Bank Guarantee as Bid Security but unable to submit the
Original Bank Guarantee in physical form at the tender opening location, before the
deadline for submission of bids, following shall also be considered acceptable, subject to
para [Link] below:

(i) The issuing bank shall intimate through their own official e-mail id to
concerned C&M department with a copy to Bidder regarding issuance /
extension of Bank Guarantee (BG) along with following documents, before the
deadline of submission of bids: -

a) The scanned copy of the BG.

b) SFMS / SWIFT message acknowledgement copy sent to Employer /
Employer’s banker stating the date of sending.
c) An undertaking from the issuing Bank strictly as per format enclosed
at Annexure-III to BDS.

SFMS / SWIFT message must be sent to the Employer/Employer’s bank, details

of which are mentioned in Bidding documents.

(ii) Bidders shall also be required to upload the scanned copy of the BG on e-
Tender Portal in Fee Cover.

[Link] The bidder shall be required to submit all the documents in the manner as specified at
para 12.10.2 above, to reach Employer before the deadline for submission of bids, failing
which its bid shall be rejected as being non- responsive and shall not be opened.

In such a case, Bidder shall also be required to submit the Original BG in physical form to
reach Employer at the address mentioned in Bidding Documents, not later than 10 days
from the date of submission of Techno-Commercial bids or before the Price Bid opening,
whichever is earlier, failing which its bid shall be rejected and not considered for further
evaluation.

13.0 Period of Validity of Bids

13.1 The Bid (comprising Techno-Commercial and Price envelope) shall remain valid for a
period of one hundred twenty (120) days from the deadline set for submission of Bid.
The bid valid for a shorter period shall be rejected by Employer as being non-responsive.

13.1.1 Deleted

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

13.2 In exceptional circumstances, Employer may solicit the Bidder's consent to an extension
of the bid validity period. The request and responses thereto shall be made in writing by
post, or e-mail. If a Bidder accepts to extend the period of bid validity, the validity of bid
security shall also be suitably extended. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request will not be required nor permitted
to modify its bid.

14.0 Format and Signing of Bid

The Bids including all the documents uploaded at the e-Tender Portal shall be digitally
signed (using the appropriate class of digital signature prescribed at e-Tender Portal) by
a duly authorised representative of the Bidder to bind him to the contract. The
authorization shall be indicated by written power of attorney as per ITB Clause 8.1.1 (b)
and shall be submitted in physical form in a separate sealed envelope/online prior to the
deadline for submission of bids.

D. Submission of Bids
15.0 The Bid [comprising the Bid Form as per Section-VII, Part 1 of 2, together with its
Attachments (Techno-commercial and price) and BOQ/Price Schedules] shall be
submitted simultaneously at the e-tender portal through e-tender mode in the manner
specified elsewhere in bidding document. No Manual/ Physical Copy of the Bid shall be
acceptable, except the documents specified to be submitted in physical form as per ITB
Clause 8.1.1.

Bidder shall upload the completed Bid Form, Attachments pertaining to Techno-
commercial envelope along with all annexures under ‘Technical Cover’ at the e-Tender
Portal.

The Attachments to Price Envelope, duly completed together with Price Schedule (excel
format) shall be uploaded in ‘Finance cover’ at the e-Tender Portal. Further, the detailed
break-up of price in the Price Schedules (if provided along with Bidding documents) shall
also be furnished in ‘Finance cover’. Bidders may note that Attachments to Price
Envelope together with BOQ (excel sheet)/Price Schedule should not be uploaded in the
‘Technical cover’ at the e-Tender Portal.

Bidder to further ensure that documents uploaded online are being downloaded
properly. Employer shall not be responsible for corrupt files, if any, uploaded
online by bidder. Further file related to particular Attachment/Schedule including
their annexures/ appendices, if any, shall be given name of that
Attachment/Schedule only.

15.1 Sealing and Marking of Physical Documents

15.1.1 Documents to be submitted in physical form (as brought out at ITB clause 8.1.1) shall be
sealed and marked in the following manner:

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

(i) The bid security furnished in accordance with ITB Clause 12 shall be sealed in a
separate envelope duly marking the envelope as "ATTACHMENT-1: BID
SECURITY".
(ii) The tender fee shall be sealed in separate envelope duly marking the envelope
as “ATTACHMENT 1B: TENDER FEE”.
(iii) All other Original documents required to be submitted in physical form in line with
ITB Clause 8.1.1 shall be sealed in a separate envelope duly marking the
envelope as “Techno-Commercial Bid – Physical Documents”

The envelopes shall then be sealed in an outer envelope.

15.1.2 The inner and outer envelopes shall:

(a) be addressed to the Employer at the address given in the Bid Data Sheet (BDS), and

(b) bear the Package name indicated in the Bid Data Sheet (BDS), the Invitation for Bids
number indicated in the Bid Data Sheet (BDS), and the statement "DO NOT OPEN
BEFORE [date]," to be completed with the time and date specified in the Bid Data
Sheet (BDS), pursuant to ITB clause 16 i.e. ‘Deadline for Submission of Bids’.

15.1.3 The inner envelopes shall also indicate the name and address of the Bidder.

15.1.4 If the outer envelope is not sealed and marked in the manner specified above, the
Employer will assume no responsibility for its misplacement.

16.0 Deadline for Submission of Bids

16.1 Bids (both Techno-Commercial and Price) must be submitted online at e-tender portal not
later than the time and date stated in the e-Tender Portal.

16.2 The physical documents in line with ITB Clause 8.1.1 shall be submitted before stipulated
bid submission time at the address specified in BDS and Employer shall not be liable for
loss/non-receipt/late receipt of above documents in postal transit.

16.3 Employer may, at its discretion, extend this deadline for submission of bids by amending
the bidding documents in accordance with ITB Clause 6.0 i.e. ‘Amendment to Bidding
Documents’, in which case all rights and obligations of Employer and Bidders will
thereafter be subject to the deadline as extended.

17.0 Deleted

18.0 Modification and Withdrawal of Bids

18.1 The bidder may withdraw or modify its bid after the bid submission as per provision
available in the e-tender portal. However, no bid can be withdrawn or modified
subsequent to the deadline prescribed for submission of bids. Bidder may modify and re-
submit its bid prior to the deadline prescribed for submission of bids. However, if the
bidder once withdraws its bids, it cannot be submitted again.

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18.2 DELETED

18.3 DELETED

18.4 No bid may be withdrawn in the interval between the bid submission deadline and the
expiration of the bid validity period specified in ITB Clause 13. Withdrawal of a bid during
this interval may result in the Bidder’s forfeiture of its bid security, pursuant to ITB Sub-
Clause 12.8(a).

E. Bid Opening and Evaluation

19.0 Opening of Bids

19.1 Techno-Commercial Bid Opening

19.1.1 The Employer will first open Techno-Commercial Bid online in the presence of bidders'
representatives who choose to attend the opening at the time, on the date and at the
place specified in the Bid Data Sheet (BDS). In the event of the specified date for the
opening of bids being declared a holiday for Employer, the bids will be opened at the
appointed time on the next working day. All important information and other such details
as Employer, at its discretion, may consider appropriate, will be announced at the
opening.

19.1.2 In case requisite Bid Security, and Tender Fee (if applicable), as specified in BDS
are not submitted before the stipulated bid submission closing date and time then
Bid shall be rejected by the Employer as being non-responsive and shall not be
opened.

19.2 Price Bid Opening

19.2.1 After the evaluation process of Techno-Commercial bid is completed, Employer will
inform in writing the eligible Bidders regarding date, time and venue set for the opening of
Price Bid.

Bidders, whose Techno-Commercial Bid is not substantially responsive or does not meet
the Qualification Requirements set forth in the bidding documents or who are debarred
under Employer’s Policy for Debarment from Business Dealings relating to some
other tender/contract, shall also be informed in writing that their bid has been rejected
and their bid security shall be returned, in accordance with ITB clause 12.6.

19.2.2 Price bids of those Bidders, who have been considered qualified and whose Techno-
Commercial Bid found to be responsive, will be opened online in presence of the Bidder's
authorised representatives who choose to attend. The Employer will open Price Bids at
the time, on the date and at the place specified by the Employer. In the event of the
specified date for the opening of bids being declared a holiday for the Employer, the bids
will be opened at the appointed time on the next working day. All important information
and other such details as the Employer, at its discretion, may consider appropriate, will
be announced at the opening.

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19.2.3 The participating bidders will be able to view the bid prices of all the bidders after online
opening of Price Bids by Employer.

19.2.4 Deleted

20.0 Clarification on Bids

During bid evaluation, Employer may, at its discretion, ask the Bidder for a clarification of
its bid including documentary evidence pertaining to the reference plants declared in the
bid for the purpose of meeting Qualifying Requirement specified in Bid Data Sheet (BDS).
The request for clarification and the response shall be in writing, and no change in the
price or substance of the bid including substitution of reference plants in the bid by
new/additional plant for conforming to Qualifying Requirement shall be sought, offered or
permitted.

21.0 PRELIMINARY EXAMINATION OF TECHNO-COMMERCIAL BIDS

21.1 Employer will examine the bids to determine whether they are complete, whether
required securities have been furnished, whether the documents have been properly
signed and whether the bids are generally in order.

21.2 Prior to the detailed evaluation, EMPLOYER will initially determine whether each Techno-
Commercial bid is of acceptable quality, is generally complete and is substantially
responsive to the bidding documents. For purposes of this determination, a substantially
responsive bid is one that conforms to all the terms, conditions and specifications of the
bidding documents without material deviations, objections, conditionalities or
reservations. A material deviation, objection, conditionality or reservation is one (i) that
affects in any substantial way the scope, quality or performance of the contract; (ii) that
limits in any substantial way, inconsistent with the bidding documents, the Employer’s
rights or the successful Bidder’s obligations under the contract; or (iii) whose rectification
would unfairly affect the competitive position of other Bidders who are presenting
substantially responsive bids.

21.3 No deviation, whatsoever, is permitted by Employer to any provision of Bidding

Documents. The Bidders are advised that while making their Bid proposals and
quoting prices, all conditions may appropriately be taken into consideration.
Bidders shall certify their compliance to the complete Bidding Documents by accepting
the following General Technical Evaluation (GTE) of the Tender at e-Tender Portal:

“Do you certify full compliance to all provisions of Bid Doc?”

Acceptance of above condition shall be considered as Bidder's confirmation that

any deviation to the any provision found anywhere in their Bid Proposal, implicit or
explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to the Employer, failing which the bid shall be rejected and bid security
shall be forfeited.

21.3.1 The Employer may waive any minor informality, nonconformity or irregularity in a bid that
does not constitute a material deviation.

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21.4 Employer’s determination of a bid’s responsiveness is to be based on the contents of the

bid itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it
will be rejected by Employer, and may not subsequently be made responsive by the
Bidder by correction of the nonconformity.

22.0 QUALIFICATION

22.1 Bidders shall certify their compliance on "Qualifying Requirements" of Employer by

accepting the following General Technical Evaluation (GTE) of the Tender at e-Tender
Portal:

“Do you certify full compliance to all provisions of Bid Doc?”

Acceptance of above GTE shall be considered as bidder's confirmation to the following

conditions:

(a) The number of reference Plants/Orders quoted by Bidder in Attachment-3A of the

bid, for establishing compliance to the specified Qualifying Requirement (QR), are
in accordance with the provision specified in Bid Data Sheet (BDS).

(b) The reference Plants/ Orders declared, shall only be considered for evaluation/
establishing compliance to Qualifying Requirement (QR). Any reference Plants/
Orders declared more than as specified in Bid Data Sheet (BDS) shall not be
considered for evaluation/establishing compliance to Qualifying requirements.

(c) No change or substitution in respect of reference Plants / Orders for meeting the
specified Qualifying Requirement (QR) shall be offered by the bidder. Bidders are
required to furnish the details of the past experiences based on which selection is
to be made as per format enclosed in the bidding documents for the same and
enclose relevant documents like copies of authentic work order, completion
certificate, agreements etc. supporting the details/data provided in the format. No
claims without supporting documents shall be accepted in this regard. However, if
any of the reference work pertains to the Contract(s)/Works executed by Bidder for
EMPLOYER in the past then in respect of such Contract(s)/Works Bidder shall not
be required to enclose Client Certificate (s) along with its bid.

22.2 Employer, by the examination of Techno-Commercial Bid, will determine to its

satisfaction whether the participating bidders are qualified to satisfactorily perform the
contract in terms of the qualifying requirements stipulated in the Invitation for Bid (IFB).
The determination will take into account the bidder’s financial and technical capabilities,
in particular its contracts, works in hand, future commitments and current litigation. It will
be based upon an examination of documentary evidence of bidder’s qualification
submitted by the bidder, pursuant to ITB Clause 8.1.2(a) as well as such other
information as Employer deems necessary and appropriate.

Notwithstanding anything stated anywhere else in the bidding documents, Employer

reserves the right to seek in writing information relating to qualifying requirements in
addition to details contained in the bid. The bidder shall furnish required information
promptly to the Employer.

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22.3 A negative determination will result in rejection of the Bidder’s Techno-Commercial Bid in
which event Employer will not open the Price Bid of the concerned bidder and his bid
security shall be returned in accordance with ITB clause 12.6.

22.4 The capabilities of the vendors and subcontractors, proposed in relevant attachment, will
also be evaluated for acceptability. Should a vendor or sub-contractor be determined to
be unacceptable, the bid will not be rejected, but the Bidder will be required to substitute
an acceptable vendor or sub-contractor without any change in the bid price quoted in
Price Proposal, prior to award.

23.0 EVALUATION OF TECHNO-COMMERCIAL BIDS

23.1 EMPLOYER will carry out a detailed evaluation of the Techno-Commercial bids in order
to determine whether the technical aspects are in accordance with the requirements set
forth in the bidding documents. In order to reach such a determination, Employer will
examine and compare the technical aspects of the bids on the basis of the information
supplied by the bidders, taking into account the following factors:

(a) overall completeness and compliance with the Technical Specifications and
Drawings; suitability of the facilities offered in relation to the environmental and
climatic conditions prevailing at the site; and quality, function and operation of
any process control concept included in the bid. The bid that does not meet
minimum acceptable standards of completeness, consistency and detail will be
rejected for non-responsiveness.

(b) Any other relevant factors listed in the Bid Data Sheet (BDS), General Conditions
of Contract, Special Conditions of Contract and Instruction to Bidders, or that
EMPLOYER deems necessary or prudent to take into consideration.

(c) Functional Guarantees

Bidders shall state the functional guarantees (e.g. performance, efficiency, power
consumption) of the proposed facilities in response to the Technical
Specifications. In case a minimum (or a maximum, as the case may be) level of
functional guarantee is specified in the Technical Specifications for the bids to be
considered responsive, bids offering plant and equipment with such functional
guarantees less (or more) than the minimum (or maximum) specified may be
rejected.

Bidder may note that deviations, variations and additional conditions etc. found
anywhere in the bid, shall not be given effect to in evaluation and it will be
assumed that the Bidder complies with all the conditions of Bidding Documents. In
case the Bidder refuses to withdraw deviations, implicit or explicit, found anywhere
in the bid, without any financial implication whatsoever to the Employer, the bid
shall be rejected and bid security shall be forfeited.

24.0 PRELIMINARY EXAMINATION OF PRICE BID

24.1 After opening of Price bids, The Employer will examine the Price bids to determine
whether they are complete, whether any computational errors have been made, and
whether the bids are generally in order.

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

24.2 Arithmetical Correction

Arithmetical errors will be rectified on the following basis.

The Bidder shall complete the Attachments to Price envelope and the appropriate Price
Schedules furnished in the bidding documents as indicated therein, following the
requirements of ITB Clauses 10 and 11. The price schedule is obtained on a formula
based excel file. If there is any discrepancy in the calculated total price due to
multiplication or summation error, then quoted unit price shall be considered valid and
total price (by summation/multiplication) shall be calculated.

If the Bidder does not accept such correction of errors, its bid will be rejected, and the bid
security will be forfeited in accordance with ITB Sub-Clause 12.8.

25.0 EVALUATION OF PRICE BID

25.1 The comparison shall be of the EXW Price of Plant and Equipment including Type Test
Charges (if applicable) and Mandatory Spares (if applicable) offered from within the
Employer's country, such price to include all costs as well as duties and taxes paid or
payable on components and raw materials incorporated or to be incorporated in the Plant
and Equipment including mandatory spares, plus the cost of Local Transportation,
Insurance Covers, all Installation Services and civil/ structural works required under the
Contract, plus the Goods and Services Tax (GST) specified by the Bidder in its Bid
(applicable on goods and services quoted in Schedules -1, 2 & 3).

The Employer's comparison will also include the costs resulting from application of the
evaluation procedures described in ITB Sub Clauses 25.3. However, the Price of
recommended spare parts quoted in Price Schedule No. 5 shall not be considered for
evaluation of Bids.

25.2 The Employer's evaluation of a bid will take into account the following:

(i) The bid prices indicated in Price Schedules Nos. 1, 2, 3.

(ii) Deleted

(iii) The corrections pursuant to ITB sub-clause 24.2;

(iv) The costs and factors on account of offered functional guarantees of the facilities
(if applicable), that will be added to each Bidder's bid price in the evaluation using
pricing information available to the Employer, in the manner and to the extent
indicated in ITB Sub Clause 25.3 and in the Technical Specifications.

25.3 Pursuant to ITB Sub Clause 25.2, for the purposes of evaluation, the adjustment (if any)
specified in the Bid Data Sheets (BDS) will be added to the bid price for each drop (or
excess) in the responsive functional guarantees offered by the Bidder, below (or above)
either a norm of 100 or the value committed in the responsive bid with the most
performing functional guarantees, as specified in the Bid Data Sheets (BDS).

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The adjustment factors shall be converted to such currencies as specified in Bid Data
Sheets (BDS).

25.3.1 Specific Additional Criteria: The relevant evaluation method, if any, shall be detailed in
the Bid Data Sheets (BDS).

25.4 Any adjustments in price that result from the procedures indicated in ITB Sub Clause
25.3 shall be added, for purposes of comparative evaluation only, to arrive at an
"Evaluated Bid Price." Bid prices quoted by Bidders shall remain unaltered.

25.5 The method of evaluation is illustrated below:

Illustrative Method of Evaluation

Any Bidder
------(Equivalent INR)----------
1. Quoted Bid Price
(after considering arithmetical corrections)

(i) Ex-works price N1

including type
test charges for equipment and
mandatory spares

(ii) Price for inland trans- N2

portation including inland transit
insurance for equipment and
mandatory spares

(iii) Price for Installation Services and O&M (for N3

no. of years as specified in Technical Specification)

(v) Total Price N (N1+N2+N3)

2. Taxes & Duties (not included in 1 above)

(i) GST P

4 Evaluated Bid Price FEP (N+P)

Note: Aforesaid method of evaluation shall be equally applicable for all bidders.

25.6 PREFERENCE TO MAKE IN INDIA AND GRANTING OF PURCHASE PREFERENCE

TO LOCAL SUPPLIERS

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

Purchase preference shall be given to local suppliers as per methodology specified in

Annexure–II to Section-III (Bid Data Sheet) of Bidding Documents.

26.0 Contacting the Employer

26.1 Subject to ITB Clause 20.0, no Bidder shall contact Employer on any matter relating to its
bid, from the time of the opening of bids to the time the contract is awarded.

Any effort by a Bidder to influence Employer in bid evaluation, bid comparison or contract
award decisions may result in rejection of the Bidder’s bid.

F. Award of Contract

27.0 Award Criteria

27.1 Subject to ITB Clause 28 (Employer’s Right to Accept any Bid and to Reject any or all
bids) and Employer’s Policy for Debarment from Business Dealings, the Employer will
award the Contract to the successful Bidder [whose Techno-Commercial bid has been
determined to be substantially responsive and the bidder is determined to be qualified to
perform the Contract satisfactorily and whose Price Bid is determined to be the lowest
evaluated bid after the Reverse Auction Process (if applicable)], as per methodology
indicated in Annexure-II to BDS.

No contract shall be awarded to a bidder against whom a Debarment Order has been
issued as per Employer’s Policy for Debarment from Business Dealings.

27.2 The Bidder will be required to comply with all requirements of the Bidding Documents
without any extra cost to the Employer, failing which his bid security will be forfeited.

27.3 The Employer reserves the right to vary the quantity of any of the Spares and/or delete
any item of Spares altogether at the time of Award of Contract.

27.4 The mode of contracting with the successful bidder will be as per stipulation outlined in
GCC Clause 3.6 and briefly indicated below:

In the case of successful Bidder, the award shall be made as follows:

(ii) First Contract: For Ex-works (India) supply of plant and equipment including
Type Test charges (if applicable) and mandatory spares (if applicable).

(ii) Second Contract: For providing all services i.e. inland transportation for delivery
at site, inland transit insurance, unloading, storage, handling at site, installation,
insurance covers other than inland transit insurance, testing, commissioning and
conducting Guarantee tests in respect of all the plant and equipment supplied
under the 'First Contract' and Civil & Steel structural works (as applicable) and all
other services as specified in the Contract Documents.
‘

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(iii) “Third Contract” for Operation & Maintenance of complete Solar PV plant for a
period as specified in the BDS/SCC/Technical Specification from the date of
successful completion of commissioning.

Both the First & Second Contracts (except O&M Contract) will contain a crossfall
breach clause specifying that breach of one will constitute breach of the other
Contract which will confer a right on the Employer to terminate the other
contracts also at the risk and the cost of Contractor.

28.0 Employer’s Right to Accept Any Bid and to Reject Any or All Bids

28.1 Employer reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids at any time prior to award of contract, without thereby incurring any
liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or
bidders of the grounds for Employer’s action.

29.0 Notification of Award

29.1 Prior to the expiration of the period of bid validity, the Employer will notify the successful
Bidder in writing by registered letter or by e-mail that its bid has been accepted. The
notification of award will constitute the formation of the contract.

30.0 Signing the Contract Agreement

On receipt of Employer’s notification that its bid has been accepted, Bidder shall prepare
and finalize the Contract Documents for signing of the formal Contract Agreement and
shall enter into the Contract Agreement with the Employer, as per Proforma enclosed
with the Bidding Documents, on non-judicial stamp paper of appropriate value within 28
days from the date of the Notification of Award.

31.0 Performance Security

31.1 Within twenty-eight (28) days after receipt of the Notification of Award, the successful
Bidder shall furnish performance securities as specified in BDS for all the contracts and
in the form provided in the section "Forms and Procedures" of the bidding documents.

31.2 Deleted

31.3 The Bank Guarantees submitted towards Performance Security shall be essentially from
any of the Banks listed in Annexure-I to SCC.

The Bank guarantee submitted from within India towards Performance Security shall be
issued on Non-Judicial Stamp Paper of appropriate value as per Stamp Act prevailing in
the State(s) where the BG is submitted or is to be acted upon or the rate prevailing in the
State where the BG is executed whichever is higher.

In case of guarantees issued by branches outside India for foreign banks, the bank
guarantees shall be routed through the correspondent Bank in India for due verification of
signatures of the executant and lodgement of claim.

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The BG issued by a Bank outside India also needs to bear Stamp Duty of appropriate
value applicable to the place where BG is to be submitted, the BG will be adjudicated
from Collector of Stamps, within 3 months of arrival of BG in India and the expenses
incurred in this regard shall be recovered from the Contractor.

31.4 While issuing the physical BG, the Bidder’s Bank shall also send electronic message to
Employer’s Beneficiary Bank whose details are provided in ITB clause 12.0 through
secure SFMS (in case of BGs issued from within India) or SWIFT (in case of BGs issued
from outside India).

32.0 Annulment of award

32.1 Failure of the successful Bidder to comply with the requirements of ITB Clause 30 or ITB
Clause 31 shall constitute sufficient grounds for the annulment of the award and forfeiture
of his bid security.

G. Other Instructions

33.0 Ineligibility for participation in re-tender/ future tenders

i) Notwithstanding the provisions specified in ITB Sub-Clause 12.8 and ITB Clause 32, if a
bidder after having been issued the Notification of Award, either does not sign the
Contract Agreement pursuant to ITB Clause 30 or does not submit an acceptable
Performance Security pursuant to ITB Clause 31.1 to 31.4, and which results in
retendering of the package, then such bidder/contractor shall be treated ineligible for
participation in re-tendering of this particular package. Further, such bidder/contractor
shall also be dealt as per the provisions of policy for Debarment from Business Dealings.

ii) If a bidder after opening of tenders where EMD is ‘NIL/Not applicable’ or exempted for
bidders as per policy guidelines, withdraws its offer within the validity period of the offer,
then such bidder shall be treated as ineligible for participation in the future tenders for a
period of 6 months from the date of withdrawal of the bid, and also in re-tendering of this
particular package.

iii) If a bidder after having been issued the Notification of Award/ Purchase Order of a
package where EMD is ‘NIL/Not applicable’ or exempted for bidder as per policy
guidelines, either does not sign the Contract Agreement pursuant to ITB Clause titled
‘Signing the Contract Agreement’ or does not submit an acceptable Performance Security
pursuant to ITB Clause titled ‘Performance Security’, and which result in retendering of
the package, then such bidder/contractor shall be treated ineligible for participation in re-
tendering of this particular package. Further, such bidder/contractor shall also be dealt as
per the provisions of the contract and policy for Debarment from Business Dealings.

34.0 Time Schedule (programme of performance)

The plant and equipment covered by this bidding document are required to be shipped
and installed, and the facilities are to be completed within the period named in the Bid
Data Sheet (BDS) after the effective date specified in the Contract Agreement. Bidders
are required to base their prices on the time schedule given in relevant appendix to the

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form of Contract Agreement (Time Schedule) or, where no time schedule is given, on the
completion date(s) given in the Bid Data Sheet (BDS). No credit will be given for earlier
completion.

35.0 Corrupt or Fraudulent Practices

35.1 Employer requires that Bidders, Contractors and Suppliers observe the highest standard
of ethics during the procurement and execution of the contracts. In pursuance of this
policy, Employer:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) "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; and

(ii) "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 Employer, 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 Employer of the benefits of free and open competition;

(b) will reject a proposal for award if it determines that the Bidder recommended for
award has engaged in corrupt or fraudulent practices in competing for the
contract in question;

(c) will declare a firm ineligible, for a period of time as specified in the policy for
Debarment from Business Dealings, to be awarded a contract if it at any time
determines that the firm has engaged in corrupt or fraudulent practices in
competing for or in executing a contract of the Employer.

35.2 Furthermore, Bidders shall be aware of the provision stated in GCC Sub-Clause 42.2.

36.0 Fraud Prevention Policy

36.1 The Bidder along with its associate/ collaborators/ sub-contractors/ sub-vendors/
consultants/ service providers shall strictly adhere to the Fraud Prevention Policy of
Employer displayed on its tender website [Link] and/or
[Link] shall immediately apprise Employer about any fraud or suspected
fraud as soon as it comes to their notice. If in terms of above policy it is established that
the bidder/his representatives have committed any fraud while competing for this contract
then the bid security of the bidder shall be forfeited.

Bidders shall certify their compliance on “Fraud Prevention Policy" of Employer by

accepting the following GTE at the e-Tender Portal:

“Do you certify full compliance to all provisions of Bidding Document?”

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Acceptance of General Technical Evaluation (GTE) of the Tender at e-Tender Portal shall
be considered as bidder's confirmation that they have read the contents of the Fraud
Prevention Policy as displayed on tender website at [Link] under
section ‘policy docs’ and/or [Link] and undertake that they along with their
associate/collaborator/ subcontractors / sub vendors / consultants / service providers
shall strictly abide by the provisions of the Fraud Prevention Policy.

37.0 Policy for Debarment from Business Dealings

37.1 The Employer has in place a Policy for Debarment from Business dealings displayed on
the website [Link]/ [Link]/ [Link] The version of
Policy presently followed by NTPC is as mentioned in BDS. Business dealings may be
withheld or banned with the Bidder/Contractor on account of any of the grounds and
following the procedures as detailed in the said Policy for Debarment from Business
Dealings.

Bidders shall certify their compliance on "Policy for Debarment from Business
Dealings " of Employer by accepting the following General Technical Evaluation (GTE) of
the Tender at e-Tender Portal.

“Do you certify full compliance to all provisions of Bid Doc?”

Acceptance of above GTE shall be considered as bidder's confirmation to the following

conditions:

(1) Bidder have read the contents of Debarment Policy (version mentioned in BDS)
displayed on the website [Link] / [Link] /
[Link] and agreed to abide by this policy.

a) Bidder have not been Banned/Blacklisted as on date of submission of

bid by Ministry of Power or Deptt. of Expenditure, Ministry of Finance.

b) Bidder have not employed any public servant dismissed/removed or

person convicted for an offence involving corruption or abetment of
such offences.

c) Bidder’s Director(s)/ Owner(s)/ Proprietor/ Partner(s) have not been

convicted by any court of law for offences involving corrupt and
fraudulent practices including moral turpitude in relation to business
dealings with Government of India or NTPC or NTPC's group
companies during the last five years.

(2) Bidder further confirms as under:

that if at any point subsequent to award of Contract, the declarations given above
are found to be incorrect, NTPC Limited/ Employer shall have the full right to
terminate the Contract and take any action as per applicable laws for breach of
contract including forfeiture of Bid Security/Performance Bank Guarantee.

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

38.0 Pre-Bid Conference: Not applicable

39.0 Integrity Pact :

Bidders are required to unconditionally accept all the conditions of the "Integrity Pact (IP)"
as per Attachment-9 to the Bidding Documents which has been pre-signed by the
Employer.

Bidders shall certify their compliance on "Integrity Pact " by accepting the following
General Technical Evaluation (GTE) of the Tender at e-Tender Portal:

“Do you certify full compliance to all provisions of Bidding Document?”

On Bidder’s acceptance to the above GTE condition, Bidder confirms to have read,
understood and unconditionally accept & commit to all the contents, terms, conditions and
undertakings mentioned in the Integrity Pact which has been pre-signed by the Employer
and enclosed with the Bidding Documents. Where the Joint Venture(s) / Consortium are
permitted to participate in the bid pursuant to ITB Clause 8.1.2(a), acceptance of above
GTE by bidder shall mean that all the JV Partner(s)/ Consortium members have read,
understood and unconditionally accept & commit to all the contents, terms, conditions and
undertakings mentioned in the Integrity Pact which has been pre-signed by the Employer
and enclosed with the Bidding Documents.

On Acceptance of the above GTE, Integrity Pact shall be considered signed by the Bidder
/ JV Partner(s)/ Consortium members and the same shall come into force from the date of
submission of bid.

It may also be noted that subsequent to Employer’s evaluation of Bids, resulting

into award of Contract to a particular Bidder, the Integrity Pact so submitted shall
form an integral part of the Contract.

40.0 Independent External Monitors (IEM)s:

In respect of this package, the Independent External Monitors (IEMs) would be monitoring
the bidding process and execution of Contract to oversee implementation and
effectiveness of the Integrity Pact Program.

This panel is authorized to examine / consider all references made to it under this tender.
The bidder(s), in case of any dispute(s) / complaint(s) pertaining to this package may
raise the issue either with the designated 'Nodal Officer' in NVVN or directly with the IEMs
address

The Independent External Monitors (IEMs) has the right to access without restriction to all
Project documentations of the Employer including that provided by the Contractor. The
Contractor will also grant the IEMs, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his Project Documentations. The same

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

is applicable to Subcontractors. The IEMs are under contractual obligation to treat the
information and documents of the Bidder/ Contractor/ Sub-Contractors/ JV partners/
Consortium member with confidentiality.

The Nodal Officer for necessary coordination with Independent External Monitors shall be
as under:

(i)) Concerned Group : if the issue pertains to

Head in C&M awarding of Contract by C&M

(ii) Concerned Head of : if the issue pertains to other

Department departments

(iii) Concerned Head of of : if the issue pertains to

Department post- award execution of Contract

41.0 “Restrictions on procurement from a Bidder of a country which shares a land

border with India”

41.1 Any Bidder (including its Collaborator/Associate/DJU Partner/JV partner/Consortium

Member/Assignee, wherever applicable) from a country which shares a land border with
India will be eligible to bid in this tender only if bidder is registered with the Competent
Authority as mentioned in Special Conditions of Contract (SCC).

Further, any bidder having specified Transfer of Technology (ToT) arrangement with an
entity from a country which shares a land border with India, will be eligible to bid only if
the bidder is registered with the same competent authority as mentioned in Special
Conditions of Contract (SCC).

(Definition/Requirement of ToT shall be as specified in DOE OM Ref. No.

F.7/10/2021-PPD(1) dated 23.02.2023, enclosed with SCC)

Such registration should be valid for the entire period of bid validity or any extension
thereof. However, in case the validity period of registration is less than bid validity period,
the Bidder shall be required to submit the extension of the validity period of registration
before the opening of price bids, failing which the bid shall be rejected.

Further the successful bidder shall not be allowed to sub-contract services/works to any
“Sub-contractor” from a country which shares a land border with India unless such Sub-
contractor is registered with the competent Authority as mentioned in SCC.

However, the said requirement of registration will not apply to bidders/sub- contractors
from those countries (even if sharing a land border with India) to which the Government of
India has extended lines of credit or in which the Government of India is engaged in
development projects. Bidders may apprise themselves of the updated lists of such
countries available in the website of the Ministry of External Affairs.

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

41.2 “Bidder” (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts)
means any person or firm or company, every artificial juridical person not falling in any
of the descriptions of bidders stated hereinbefore, including any agency, branch or
office controlled by such person, participating in a procurement process.

41.3 “Sub-contractor” (including the term ‘Sub-vendor’/Sub-supplier’ in certain contexts)

means any person or firm or company, every artificial juridical person not falling in any
of the descriptions of Sub-contractors stated hereinbefore, including any agency branch
or office controlled by such person, participating in a procurement process.

41.4 “Bidders from a country which shares a land border with India” / “Subcontractor from a
country which shares a land border with India” / “Entity from a country which shares a
land border with India” mentioned in para 41.1 above means;

a) An entity incorporated, established or registered in such a country; or

b) A subsidiary of an entity incorporated, established or registered in such a
country; or
c) An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.

41.5 The beneficial owner for the purpose of clause “41.4” above will be as under;

a) In case of company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical
person, has a controlling ownership interest or who exercises control through other
means.

Explanation-

i. “Controlling ownership interest” means ownership of or entitlement to more than

twenty-five per cent of shares or capital or profits of the company;

ii. “Control” shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholdings or
management rights or shareholders agreements or voting agreements;

b) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more judicial person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;

c) In case of an unincorporated associations or body of individuals, the beneficial owner

is the natural person(s) who, whether acting alone or together, or through one or more

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals;

d) Where no natural person is identified under (a) or (b) or (c) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
officials;

e) In case of a trust, the identifications of beneficial owner(s) shall include identification of

the author of trust, the trustee, the beneficiaries with fifteen percent or more interest in
the trust and any other natural person exercising ultimate effective control over the
trust through a chain of control or ownership.

41.6 An Agent for the purpose of clause “41.4” is a person employed to do any act for another,
or to represent another in dealings with third person.

[Note: i. A person who procures and supplies finished goods from an entity from a country
which shares a land border with India will, regardless of the nature of his legal or
commercial relationship with the producer of the goods, be deemed to be an Agent.

ii. However, a bidder who only procures raw material, components etc. from an entity
from a country which shares a land border with India and then manufactures or converts
them into other goods will not be treated as an Agent.]

Bidders shall certify their compliance to ITB Clause “Restrictions on procurement from a
Bidder of a country which shares a land border with India” by accepting the following
General Technical Evaluation (GTE) of the Tender at e-Tender Portal:

“Do you certify full compliance to all provisions of Bidding Document?”

Acceptance of above attribute shall be considered as Bidder's confirmation that Bidder

has read and understood the ITB Clause regarding “Restrictions on procurement from a
Bidder of a country which shares a land border with India” and its bid is in compliance to
this clause.

In case it is established that Bidder has provided any false information in pursuance of
the aforesaid ITB Clause, while competing for this contract, then its bid shall be rejected
and bid security shall be forfeited.

In case of a successful bidder, if it is established that the Bidder has not complied with
terms of aforesaid ITB Clause, during execution of contract, this would be considered as
fraudulent practices as mentioned in 5.1 (j) of “Policy for Debarment from Business
Dealings” and shall be dealt accordingly.

42.0 Conflict of Interest

42.1 A bidder shall not have conflict of interest with other bidders. Such conflict of
interest can lead to anti-competitive practices to the detriment of Employer’s
interests. A bidder may be considered to have a conflict of interest with one or

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

more parties in the bidding process, if:

a) they directly or indirectly control, or are controlled by or are under common

control of another entity; or
b) they have the same legal representative/agent for purposes of their bids;

c) they have relationship with each other, directly or through common third party(ies), that
puts them in a position to have access to information about
or influence on the bid of another Bidder; or
d) Bidder and/or any of its allied entity(ies), which directly or indirectly control(s) or is(are)
controlled by or is(are) under common control of another entity, has(ve) participated as a
consultant in the preparation of the design or technical specifications of the contract that
is the subject of the tender; or
e) Bidder participates in more than one bid in this bidding process.

For the purposes of this clause the term ‘control’ shall have the following meaning:

“Control” shall include the right to appoint majority of the directors or to control the
management or policy decisions exercisable by a person or persons acting individually or
in concert, directly or indirectly, including by virtue of their shareholding or management
rights or shareholders’ agreements or voting agreements or in any other manner.

Note: If two or more CPSEs/State PSEs participate in a tender, they will

not be deemed to fall under the 'Conflict of Interest' provisions solely
because they are under common control of Government of India / State
Government.

42.2 Bidders shall certify their compliance to ITB Clause “Conflict of Interest” by accepting the
following General Technical Evaluation (GTE) of the Tender at eTender Portal:

“Do you certify full compliance to all provisions of Bidding Document?”

Acceptance of above GTE shall be considered as Bidder's confirmation that Bidder has
read and understood the ITB Clause regarding “Conflict of Interest and its bid is in
compliance to this clause. In case it is established that Bidder has provided any false
information in pursuance of the aforesaid ITB Clause, while competing for this contract,
then its bid shall be rejected and bid security shall be forfeited.

In case of a successful bidder, if it is established that the Bidder has not complied with
terms of aforesaid ITB Clause, during execution of contract, this would be considered as
fraudulent practices as mentioned in para 5.1 (j) of “Policy for Debarment from Business
Dealings” and shall be dealt accordingly.

43.0 Benefits to MSEs (Micro and Small Enterprises) –

NOT APPLICABLE

44.0 Royalty

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Clause No. INSTRUCTIONS TO BIDDERS (ITB)

The Bid Price shall be inclusive of any Royalties or Seigniorage Fee or Cess or other
charges payable on the quarried or mined metal, minerals, or minor minerals, as the case
may be, at the rate(s) prevailing as on seven (7) days prior to the deadline set for Price
Bid submission.

45.0 Exemption of GST or any other taxes and duties (if applicable) on Items
Manufactured for Grid Connected Solar Photo Voltaic Power Generation Projects

As per extant guidelines of Govt. of India, the benefits of exemption of GST or any other
taxes and duties (if applicable on items manufactured for grid connected Solar Photo
Voltaic Power Generation Projects) may be available for the items to be supplied under
the contract. Bidder may appraise itself of the relevant policies and quote accordingly.
The Employer shall issue the requisite certificate (if required) as specified in the relevant
policy of Govt. of India. However, if the certificate is required to be issued by any
department/ ministry of Government of India or State Government where the Project is
located other than Employer, the Bidder shall itself be responsible for obtaining such
certificate from the concerned department/ministry. In such a case, the Employer may
issue recommendatory letter to the bidder.

The Bidder shall be solely responsible for obtaining the benefits of exemption on GST or
any other taxes and duties (if applicable) on the items to be supplied under the contract
from the Govt. of India. In case of failure of the bidder to receive the benefits partly or fully
from Govt. of India or in case of delay in receipt of such benefits, the Employer shall
neither be responsible nor liable in this regard in any manner whatsoever.

46.0 Anti-Bribery and Anti-Corruption (ABAC) Policy:

The Bidder and its employees along with its Associate/ Collaborator/ Sub- Contractors /
Sub-Vendors / Consultants / Service Providers and all other persons associated with
business of Employer shall strictly adhere to Anti- Bribery and Anti-Corruption (ABAC)
Policy of Employer displayed on tender website [Link]

Bidders shall certify their compliance on “Anti-Bribery and Anti-Corruption (ABAC) Policy"
of Employer by accepting the following GTE at the e-Tender Portal:

“Do you certify full compliance to all provisions of Bidding Document?”

Acceptance of General Technical Evaluation (GTE) of the Tender at e-Tender Portal shall
be considered as bidder's confirmation that they and their employees along with their
associate / collaborator/ subcontractors / sub vendors / consultants / service providers
shall strictly abide by “Anti-Bribery and Anti-Corruption (ABAC) Policy” of Employer as
displayed on tender website at [Link] under section ‘policy docs’
and undertake that they represent and confirm that they are aware of, understand, and
will comply with all applicable laws and regulations relating to anticorruption and anti-
bribery and the ABAC Policy of Employer.

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 SECTION – III

BID DATA SHEET (BDS)

 BDS Item ITB Clause
No. Ref., if any DATA

SECTION - III

BID DATA SHEET (BDS)

NAME OF PACKAGE: DEVELOPMENT OF 8.0 MW GRID CONNECTED ROOF TOP SOLAR

POWER PROJECT AT DRDO HYDERABAD

The following bid specific data for the Plant & Equipment to be procured, shall amend and/or supplement
the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall
prevail over those in the ITB.

A. INTRODUCTION

Bidders are required to go through the Guidelines provided at

following e-tender portal:

E-Tender Portal: [Link]

1.0 ITB 1.1 and 2.2 Name of the Package: DEVELOPMENT OF 8.0 MW GRID
CONNECTED ROOF TOP SOLAR
POWER PROJECT AT DRDO
HYDERABAD

Name of the Employer: NTPC VIDYUT VYAPAR NIGAM

LIMITED

2.0 ITB 4.3 Add the following at the end of Para 4.3

Domestic Competitive Bidding among Enlisted Bidders of

NVVN

.
B. THE BIDDING DOCUMENTS

3.1 ITB 5.1 Address of the Employer for Communication:

Manager (C&M)
NTPC VIDYUT VYAPAR NIGAM LIMITED
Engineering Office Complex, Plot No. A-8A Sector 24,

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 BDS Item ITB Clause
No. Ref., if any DATA

Block A, Noida, Uttar Pradesh 201301

Email: nvvncontracts@[Link]
Corporate Identification Number: U40108DL2002GOI117584,
Phone No: 0120- 4947246

3.2 ITB 5.3 Permission shall be arranged by the Employer from the
Premise Owner to enter upon the premises and lands for the
purpose of such inspection, but only upon the express condition
that the Bidder, its personnel and agents will release and
indemnify the Employer & Premise Owner and its personnel
and agents from and against all liability in respect thereof and
will be responsible for death or personal injury, loss of or
damage to property and any other loss, damage, costs and
expenses incurred as a result of the inspection.

C. PREPARATION OF BIDS

4.1 ITB 8.1.1 (b) Tender Fee: Not Applicable

4.2 ITB 8.1.1 (C ) & (d) Attachment-3I: Deed of Joint Undertakings - NOT
APPLICABLE]

Attachment-3L: JV Agreement - NOT APPLICABLE

4.3 ITB 8.1.1 ADD OTHER ATTACHMENT(S)/ DOCUMENT(S) TO BE SUBMITTED

IN PHYSICAL FORM, IF ANY.

4.4 ITB 8.1.1 & 15.1 Add the following at the end of Clause 8.1.1 & 15.1

If the Bid security is submitted online through Electronic Fund

Transfer (EFT), then physical documents are not required.
Scanned Copy of the documents required as per ITB clause
8.1.1 shall be considered acceptable.

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 BDS Item ITB Clause
No. Ref., if any DATA

4.5 ITB 8.1.2 (a) Deleted

Cl 19.2.1, Cl 20,
Cl 22.1, 22.2 &
22.3

4.6 ITB 8.1.2 (a) Deleted

4.7 ITB 8.1.2(a) Deleted

4.8 Deleted

4.9 The Employer also reserves the right to assess the capacity
and capability of the bidder/ collaborator to satisfactorily
execute the contract. Such assessment shall include but not
limited to the evaluation of adequacy of facilities services,
resources, design/engineering capacity & financial capability.

4.10 ITB 8.1.2(a) Whether Joint Ventures are permitted : NO

Whether Associate/Collaborator permitted : NO

4.11 Deleted

4.12 ITB 8.1.2 (h) Attachment 8A: Functional Guarantees

4.13 ITB 8.1.2 (g) Attachment-9: INTEGRITY PACT: APPLICABLE

4.14 ITB 8.1.2(h) Attachment 10: Details of Foreign Principals of Indian

Bidders : Applicable

4.15 ITB 8.1.2 (j) Attachment 11: Declaration regarding Local content in bid
price

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 BDS Item ITB Clause
No. Ref., if any DATA

Methodology regarding Purchase Preference is specified

Annexure–II to BDS as per DPIIT circular dated 04.06.2020 &
16.09.2020 regarding “Make in India”.

The 'local content' requirement to categorize a supplier as

'Class-I local supplier' is minimum 50%. For 'Class-Il local
supplier', the 'local content' requirement is minimum 20%.

Solar PV modules and Inverter shall be necessarily

procured from Class-I supplier only.

Declaration regarding local content as per the Employer’s

format, for granting of purchase preference.

In case a bidder does not submit the aforesaid declaration or

statement/any declaration like ‘later’, ‘to be furnished later’, ‘NA’
etc. are indicated by the bidder, then the Bidder is liable not to
be considered as a local supplier and may not be eligible for
any purchase preference”/ **“its bid is liable to be considered
non-responsive and may be rejected”.

4.16 8.1.2(j) Deleted

4.17 ITB 8.1.2 Deleted

4.18 ITB 8.2.1 (ii) Deleted

4.19 ITB 8.2.1 (iii) Attachment 3P: Functional Guarantees

4.20 ITB 8.2 Deleted

4.21 ITB 8.2.1 (iii) Attachment 4P: Price Adjustment Data : Not Applicable

5.1 ITB 10.3 Mandatory Spares : Not Applicable

Type Test Charges: Not Applicable

5.2 ITB 10.4(b) (i) For Transportation and Inland Transit Insurance

Maximum Percentage: 4%

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 BDS Item ITB Clause
No. Ref., if any DATA

i.e Bidders are advised to price their bids in such a manner that
Transportation including Transit Insurance Component
(Schedule 2) of the bid price should not be more than 4% of the
Ex-works Price of Main Equipment.

5.3 ITB 10.4(c) (i) For Installation Price Component including Civil/Structural
works price

Minimum Percentage: 10%

Maximum Percentage : Not Applicable

i.e. Bidders are advised to price their bids in such a manner

that Installation Price Component of the bid price including Civil
/ Structural works price should not be less than % (above
mentioned) of the Ex-works Price of Main Equipment.

5.4 ITB 10.4(c) (ii) Deleted

5.5 ITB 10.4(c) (iii) For Amount linked to Safety Aspects/ compliance to Safety
Rules

Bidders are advised to price their bids in such a manner that

the component for ‘Amount linked to Safety Aspects/
compliance to Safety Rules’ should not be less than 5% of the
cumulative total of Service Portion of the Contract, i.e. Civil
+ Installation/ Erection + Structural Works.

5.6 ITB 10.4(c) (iv) For O&M Charges

Bidders shall quote their O&M charges for first year and O&M
charges from 2nd year till 10th year shall be auto calculated
based on O&M charges for 1st year and annual escalation
factor @ 5.25%.

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 BDS Item ITB Clause
No. Ref., if any DATA

Total O&M Cost for 10 years should not be less than 13.5 % of
EPC price (Supply, Transportation & Installation services
including Civil & Safety).

6.1 ITB 12.1 Amount of Bid Security: INR 50,00,000/- (INR FIFTY LAKH
ONLY)

6.2 ITB 12.2 For online payment of Bid security, bidders can do online
transfer of Bid security through NEFT/RTGS to NVVN’s Bank
account whose details are provided below.

(i) Bank Name: ICICI Bank Limited

(ii) Branch: CONNAUGHT PLACE BRANCH

(iii) Bank Address: 9A, PHELPS BUILDING, CONNAUGHT

PLACE, NEW DELHI- 110001

(iv) IFSC Code: ICIC0000007

(v) Account No.: 000705008910

While carrying out online transfer, Bidders shall ensure to enter

“EMD Fee - Tender No.-Vendor Name” in the Text /Remarks /
Reason field.

Bidder shall intimate the details of same through email to

nvvncontracts@[Link] and also upload the details in the
“Fee Section” folder in GepNIC in the following format
Tender No. :
Vendor Name :
UTR Reference :
Amount:
Date of Transfer:
Transferor Bank:

(Signature of Vendor with Seal)

6.3 ITB 12.2 List of Banks for BG

Name of the Banks are specified at Annexure-I to BDS.
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 BDS Item ITB Clause
No. Ref., if any DATA

D. SUBMISSION OF BIDS

7.0 ITB 15.1.2 & 16.2 The documents to be furnished in physical form shall be
addressed and submitted to the following address:

Manager (C&M),
NTPC VIDYUT VYAPAR NIGAM LIMITED,
5th Floor, Engineering Office Complex
Plot No. A-8A,
Sector-24,NOIDA (UP),
India-201 301
Email: nvvncontracts@[Link]

8.0 ITB 16.1 Deadline for Bid Submission- as indicated at e-Tender Portal .

E. BID OPENING AND EVALUATION

9.1 ITB 19.1.1 Location of Bid Opening

NTPC VIDYUT VYAPAR NIGAM LIMITED

Engineering Office Complex, Plot No. A-8A Sector 24,
Block A, Noida, Uttar Pradesh 201301

Date and Time for Techno-Commercial Bid Opening:

Please refer e-Tender Portal.

Date and Time of Opening of Price Bid: Shall be intimated

separately by the Employer.

9.2 ITB 19.2.1 Opening of Price bid shall be done expeditiously for all the
responsive/accepted bids and shall be intimated by system
generated intimation/email.

9.3 ITB 19.2.4 Whether Reverse Auction applicable : NO

10.1 ITB 25.2 (iv) The bid evaluation factor shall be as indicated below:
& 25.3 & 25.5

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 BDS Item ITB Clause
No. Ref., if any DATA

Bidder have to quote Price (INR) for 8000 KW with 10 years of

O&M (including Taxes & Duties) - L

The ranking shall be carried and the bidder with lowest L’ shall
be declared successful bidder for the said Package.

Award Criteria will be on the basis of Lowest Evaluated Bid

Price (EP) discovered by e-tendering process

Any Bidder
-----(Equivalent INR) --
1. Quoted Bid Price
(after considering arithmetical corrections)

(i) Schedule 1:Ex-works price N1

(ii) Schedule 2: Local Transportation and N2

Inland transit Insurance and Other
local costs incidental to Delivery of
Plant and Equipment

(iii) Schedule 3 & 3A : Price for Installation Services and O&M

(as specified in Technical specification) N3

(iv) Total Price N (N1+N2+N3)

2. Taxes & Duties (not included in 1 above)

GST P

4 Evaluated Bid Price FEP (N+P)

Note: Aforesaid method of evaluation shall be equally

applicable for all bidders.

10.2 ITB 25.3 Type of Transaction and Source of exchange rates: Bills Selling
Exchange Rate established by STATE BANK OF INDIA

Date of exchange rate: Deadline set for submission of Bids

10.3 ITB 25.3.1 Specific Additional Criteria : Not applicable

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 BDS Item ITB Clause
No. Ref., if any DATA

11.0 ITB 31.1 The Contractor shall, within twenty-eight (28) days of the
Notification of Award, provide securities for the due
performance of the Contract for Ten Percent (10%) of Contract
Price of all the Contracts, with an initial validity up to 15 months
after the Completion of Facilities of the entire Project under the
Contract.

However, in case of delay in Completion of Facilities, the

validity of all the contract performance securities shall be
extended by the period of such delay.

After the end of successful completion of period mentioned

above, CPG shall be returned to agency provided agency has
submitted CPG @10% of O&M Contract price and Security
against Equipment Performance Guarantee during O&M Period

The BG towards O&M Performance shall be submitted prior to

return of the Contract Performance Guarantee (CPG) under the
subject package. The above O&M Performance Security shall
be initially valid upto 90 days after the end of Operation &
Maintenance (O&M) period as specified in the Technical
Specifications. The above security amount shall be payable to
the Employer without any condition whatsoever.

Security against Equipment Performance Guarantee during

O&M Period: BG for O&M.

The successful Bidder, to whom the work is awarded, shall

provide security equal to 0.1 x G x R (Where G is Annual
Generation corresponding to CUF applicable for that year and
R = Rs.5 per kWh ) in million INR for Ten (10) years of O&M
period as specified in the Technical Specification.

12.0 ITB 34.0 Time to complete the facilities from the date of Notification of
Award : 270 days from the date of NOA.

12.1 The program for supplying, installing, commissioning,

completing the facilities and site delivery of all Mandatory
spares covered in the package shall be in the form of Master
Network identifying the Key phases in various areas of total
works, like design, procurement, manufacture and field
activities including civil construction and erection works. In
addition, key milestone dates (10-15 nos.) shall also be

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 BDS Item ITB Clause
No. Ref., if any DATA

identified for the complete facilities under the package. The

Master Network shall conform to the following schedule dates
for the key milestones.
-------------------------------------------------------------------------------------
------Sl. Activity Months
from NOA*
No. ----------------------------
------
Start Finish
-------------------------------------------------------------------------------------
------

AS GIVEN IN APPENDIX TIME SCHEDULE TO CONTRACT

AGREEMENT IN SECTION VII – FORMS

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

12.2 The successful bidder shall be required to submit a detailed

integrated PERT Network (L2 Schedule) matching with the
above work schedule. The L2 Schedule shall, inter-alia, include
at least following activities for each systems listed above,
showing their inter-relationship and duration so as to meet the
above mentioned milestone details.

(i) Milestones to be incorporated in L2 Network to be

submitted:

1. Ordering on sub vendor (wherever applicable)

2. Start of engineering
3. Completion of engineering
4. Start of manufacturing/fabrication
5. Completion of manufacturing/fabrication
6. Commencement of Supplies
7. Completion of supplies of all items
8. Completion of site delivery of mandatory
spares.
9. Readiness of Type test
10. Completion of Type test
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 BDS Item ITB Clause
No. Ref., if any DATA

11. Commencement of Civil works

12. Completion of Civil works
13. Start of Erection
14. Completion of Erection
13.3 The master network and the key milestone dates will be
discussed with the successful Bidder and agreed upon after the
issue of Notification of Award. Engineering Drawing and Data
Submission Schedule shall also be discussed and finalised
after the issue of Notification of Award.

13.4 After the Notification of Award, the contractor shall plan the
sequence of work of manufacture, supply and erection to meet
the above stated dates of successful completion of facilities and
shall ensure all work, manufacture, shop testing, inspection and
shipment of the equipment in accordance with the required
construction/ erection sequence.

14.0 ITB 38.0 Address for pre-bid conference: NOT APPLICABLE

G. Other Instructions

15.0 ITB 39.0 & INTEGRITY PACT: APPLICABLE

ITB 8.1.2 (g)

16.0 ITB 40.0 Independent External Monitors (IEM)s: APPLICABLE

17.0 General Documents such as Letter of Undertakings, Deed of

Undertakings etc. which are specified to be furnished on Non-
Judicial stamp paper of appropriate/ requisite value, shall be
stamped as per Indian Stamp Act.

18.0 ITB clause 37.1 The version of Policy for Debarment from Business dealings
presently followed by NTPC is Rev.04.

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 BDS Item ITB Clause
No. Ref., if any DATA

19.0 ITB Clause 43.0 Benefits to MSEs (Micro and Small Enterprises) - NOT
APPLICABLE

20.0 ANNEXURES ENCLOSED WITH BDS

ANNEXURE-I: List of Banks

Annexure-II: Preference to Make In India and granting of

purchase preference to local suppliers

Annexure-III: Format of Undertaking (To be sent by Issuing

Bank through official email-I

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 Annexure I
LIST OF BANKS ACCEPTABLE FOR SUBMISSION
OF BANK GUARANTEE FOR BID SECURITY

SCHEDULED COMMERCIAL BANK LIST

A. SCHEDULED PUBLIC SECTOR BANKS

1 Bank of Baroda
2 Bank of India
3 Bank of Maharashtra
4 Canara Bank
5 Central Bank of India
6 Indian Overseas Bank
7 Indian Bank
8 Punjab National Bank
9 Punjab & Sind Bank
10 State Bank of India
11 UCO Bank
12 Union Bank of India

B. SCHEDULED PRIVATE BANKS (INDIAN BANKS)

1 Axis Bank Limited
2 Bandhan Bank Limited
3 CSB Bank Limited
4 City Union Bank Limited
5 DCB Bank Limited
6 Dhanlaxmi Bank Limited
7 Federal Bank Limited
8 HDFC Bank Limited
9 ICICI Bank Limited
10 IndusInd Bank Limited
11 IDFC FIRST Bank Limited
12 Jammu & Kashmir Bank Limited
13 Karnataka Bank Limited
14 Karur Vysya Bank Limited
15 Kotak Mahindra Bank Limited
16 Nainital Bank Limited
17 RBL Bank Limited
18 South Indian Bank Limited
19 Tamilnad Mercantile Bank Limited
20 Yes Bank Limited
21 IDBI Bank Limited

C. SCHEDULED FOREIGN BANKS

1 AB Bank PLC
2 American Express Banking Corporation
3 Australia & Newzealand Banking Group Limited
4 Barclays Bank Plc
5 Bank of America
6 Bank of Bahrain & Kuwait B.S.C.
7 Bank of Ceylon
8 Bank of China Limited
9 Bank of Nova Scotia
10 BNP Paribas
11 Citi Bank NA

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 12 Cooperatieve Rabobank U.A./ Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A.
13 Crédit Agricole Corporate and Investment Bank
14 CTBC Bank Co Ltd
15 DBS Bank India Limited (Subsidiary of DBS Bank Ltd.)
16 Deutsche Bank A.G.
17 Doha Bank Q.P.S.C
18 Emirates NBD Bank P.J.S.C.
19 First Abu Dhabi Bank PJSC
20 FirstRand Bank Ltd
21 Hong Kong and Shanghai Banking Corporation Limited
22 Industrial & Commercial Bank of China
23 Industrial Bank of Korea
24 J.P. Morgan Chase Bank N.A.
25 JSC VTB Bank
26 KEB Hana Bank
27 Kookmin Bank
28 Mashreqbank P.S.C.
29 Mizuho Bank Ltd
30 MUFG Bank, Ltd
31 NatWest Markets Plc
32 NongHyup Bank
33 PT Bank Maybank Indonesia TBK
34 Qatar National Bank (Q.P.S.C.)
35 Sberbank
36 SBM Bank (India) Limited (Subsidiary of SBM Group)
37 Shinhan Bank
38 Societe Generale
39 Sonali Bank PLC
40 Standard Chartered Bank
41 Sumitomo Mitsui Banking Corporation
42 United Overseas Bank Ltd
43 UBS AG
44 Woori Bank

D. SMALL FINANCE BANKS

1 AU Small Finance Bank Limited

2 Capital Small Finance Bank Limited
3 Equitas Small Finance Bank Limited
4 ESAF Small Finance Bank Limited
5 Suryoday Small Finance Bank Limited
6 Ujjivan Small Finance Bank Limited
7 Utkarsh Small Finance Bank Limited
8 North East Small Finance Bank Limited
9 Jana Small finance Bank Limited
10 Shivalik Small Finance Bank Limited
11 Unity Small Finance Bank Limited,

Note - Any Addition/ Deletion/ Modification in Bank list shall be as per changes in Second Schedule
List by RBI from time to time.

* Bidder to take note of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-
I/AMT-1/2014-15/370 dated 04.09.2014 attached herewith this Annexure-I to BDS

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 Annexure-II to BDS

Sub: Preference to Make In India and Eligibility for Participation/ granting of PurchasePreference
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 to Class-I local suppliers- regarding

It is the policy of the Government of India to encourage 'Make in India' and promote manufacturing
and production of Goods and Services in India with a view to enhancing income and employment. In
this regard, the following guidelines, concerning the procedure to be adopted for granting Eligibility for
Participation/purchase preference to local suppliers, are hereby issued:

1.0 Definitions:

a) 'Local content' means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of the goods, services or works procured
(excluding net domestic indirect taxes) minus the value of imported content in the goods,
services or works (including all customs duties) as a proportion ofthe total value, in percent.

b) 'Class-I local supplier' means a supplier or service provider, whose goods, services or
works offered for procurement, meets the minimum local content as prescribed.
'Class-II local supplier' means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content as prescribed for 'Class- II local
supplier' but less than that prescribed for 'Class-I local supplier'.
'Non-Local supplier' means a supplier or service provider, whose goods, services or works
offered for procurement, has local content less than that prescribed for 'Class-II local supplier'.

c) 'L1' means the lowest tender or lowest bid or the lowest quotation received in a tender,
bidding process or other procurement solicitation as adjudged in the evaluation process as per
the tender or other procurement solicitation.

d) 'Margin of purchase preference' means the maximum extent to which the evaluated bid
price of a ‘Class-I local supplier’ may be above the L1 for the purpose of purchase
preference.

e) Fraud Prevention Policy – shall mean the policy related to prevention of fraud displayed on
NTPC tender website [Link]

f) Policy & Procedure for Debarment from Business Dealings – shall mean the policyrelated
to Debarment from Business Dealings forming part of Bidding Document.

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 2.0 Eligibility for Participation/Purchase Preference:

Only Class-I and Class-II Local Suppliers are eligible to Bid. Bids received (if any) from
Non-Local Supplier shall be out rightly rejected.

3.0 Purchase Preference

3.1 Margin of Purchase Preference: The margin of purchase preference shall be 20%.

3.2 Purchase preference shall be given to ‘Class-I local suppliers’ as specified

hereunder:

• Among all qualified bids and substantially responsive bids, the lowest bid will be
termed as L1. If L1 is 'Class-I local supplier', the contract will be awarded to L1.

• If L1 is not 'Class-I local supplier', the lowest evaluated bidder among the 'Class-I
local supplier', will be invited to match the lowest evaluated bid (L1) price subject
to Class-I local supplier's evaluated price falling within the margin of purchase
preference, and the contract shall be awarded to such 'Class-I local supplier'
subject to matching the lowest evaluated bid (L1) price.

• In case such lowest eligible 'Class-I local supplier' fails to match the lowest
evaluated bid (L1) price, the 'Class-I local supplier' with the next higher evaluated
bid within the margin of purchase preference shall be invited to match the lowest
evaluated bid (L1) price and so on and contract shall be awarded accordingly. In
case none of the 'Class-I local supplier' within the margin of purchase
preference matches the lowest evaluated bid (L1) price, the contract may be
awarded to the L1 bidder.

(ii) "Class-II local supplier" will not get purchase preference in any procurement,
undertaken by NVVN.

(iii) For the purpose of matching of lowest evaluated bid (L1) price, the Class-I local
supplier would have to necessarily reduce all components of the quoted price on pro-
rata basis. The reduction should not apply on the evaluation loading on account of
functional guarantees and other loadings (if any, which are not dependent on quoted
price). Further, the Contract shall be awarded on such revised/ reduced quoted price.
The summation of the revised / reduced quoted price and the evaluation loading on
account of functional guarantees and other loadings (if any) shall be equal to the
lowest evaluated bid (L1) price.

4.0 Minimum Local Content

4.1 The local content requirement to categorize a Bidder/Supplier as 'Class-I local supplier' is
minimum 50%. For 'Class-II local supplier', the 'local content' requirement is minimum 20%.

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 5.0 Verification of Local Content:

5.1 The 'Class-I local supplier'/ 'Class-II local supplier' shall be required to provide, in the Bid
Form/relevant Attachment of Techno- Commercial Bid, self-certification / declaration that the
Item offered meets the local content requirement for 'Class-I local supplier'/ 'Class-II local
supplier' and shall give details of the location(s) at which the local value addition is made.

5.2 In case the total bid price of the supplier / bidder is in excess of INR 10 crore, the 'Class-I
local supplier'/ 'Class-II local supplier' shall be required to provide a certificate from the
statutory auditor or cost auditor of the company (in the case of companies) orfrom a practicing
cost accountant or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content during execution prior to submission of
last bill for payment.
In case aforesaid Certificate furnished by Contractor/Vendor is not in line with the
declaration in respect of Local content in their bid, same shall be treated as false
declaration.

5.3 False declarations will be dealt in line with the Fraud Prevention Policy and Policy &
Procedure for Debarment from Business Dealings of NTPC.

5.4 In case of false declaration / violation of the provision of PPP-MII Order, if a bidder has
been debarred / banned by NTPC, then the fact and duration of debarment should be
promptly brought to the notice of the Member-Convenor of the Standing Committee (as per
para 16 of PPP-MII Order) and the Department of Expenditure through Ministry of Power,
GOI.
5.5 A supplier who has been debarred / banned by any other procuring entity for violation of
‘Public Procurement (Preference to Make In India), Order 2017’ (PPP-MII Order) dated
15.06.2017 and its subsequent revisions / amendments issued by Department of Industrial
Policy and Promotion (DIPP) shall not be eligible for evaluation/preference, as applicable,
under the aforesaid procedures for duration of the debarment. The 'Class-I local supplier'/
'Class-II local supplier' shall be required to furnish a confirmation in this regard in the Bid
Form/relevant Attachment of Techno-Commercial Bid.

6.0 Local Sourcing

6.1 The Bidder/its Sub-vendors must be Class-I local supplier for Item(s) mentioned at
*clause no. 41 of GTR (if applicable) in Technical Specifications, as applicable or as per
relevant government circular including Annexure I items in the MNRE Circular Public
Procurement (Preference to Make in India) to provide for Purchase Preference (linked
with local content) in respect of Renewable Energy (RE) Sector and/or any other
appliable circulars/notifications etc, in case such item(s) are Self Manufactured/Bought-
out. BIDDER TO REFER LATEST GOVERNMENT GUIDELINES WITH RESPECT TO
THE ABOVE.

6.2 The Bidder / Contractor are requested to encourage and promote domestic
manufacturing and production of goods and services by sourcing goods and services
applicable under the contract / package from domestic suppliers / service providers. In
this regard, Bidder shall also follow guidelines / advisory issued by Government of India
from time to time, to the extent applicable to them, regarding promotion of local sourcing
of goods including Bought out Items and servic

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 Annexure–III to BDS

Format of Undertaking
(To be sent by Issuing Bank through official email-
ID)

From: xxxbank@[Link]

To: xxx@[Link]

We have issued BG No. …………………… dated ………………… for an amount of Rs.

…………………on behalf of…………………[Name of Bidder] towards Bid Security / EMD for Tender
No. ………… in favour of ………………… [Name of Employer].

Please find enclosed the soft copy of the Bank Guarantee and SFMS acknowledgement. This
SFMS is sent on ………………. (date).

Any demand / claim made by the 'Employer' shall be conclusive and binding on us irrespective of
any dispute or difference raised by the Bidder till the validity period mentioned in the Bank
Guarantee.

However, in absence of the physical copy of aforementioned BG with the Employer, we undertake
that Employer’s demand / claim will be binding and conclusive on us without the physical copy of
aforementioned BG till fourteen (14) days from the due date of submission of Techno-Commercial
bids.

We undertake not to cancel the aforementioned BG No. …………… without written consent /
instruction from Employer.

(Name of Bank Official)

Authority No. ………….

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 SECTION – IV

GENERAL CONDITIONS OF CONTRACT

(GCC)
 Table of Clauses – General Conditions of Contract

S. No. Description

A. Contract and Interpretation

1. Definitions
2. Contract Documents
3. Interpretation
4. Notices
5. Governing Law
6. Settlement of Disputes

B. Subject Matter of Contract

7. Scope of Facilities
8. Time for Commencement and Completion
9. Contractor’s Responsibilities
10. Employer’s Responsibilities

C. Payment

11. Contract Price

12. Terms of Payment
13. Securities
14. Taxes and Duties

D. Intellectual Property

15. Copyright
16. Confidential Information

E. Work Execution

17. Representatives
18. Work Program
19. Subcontracting
20. Design and Engineering
21. Procurement
22. Installation
23. Test and Inspection
24. Completion of the Facilities
25. Commissioning, Guarantee Tests and Operational Acceptance

F. Guarantees and Liabilities

26. Completion Time Guarantee

27. Defect Liability
28. Functional Guarantees
29. Patent Indemnity
30. Limitation of Liability

G. Risk Distribution

31. Transfer of Ownership

32. Care of Facilities
33. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification
34. Insurance
35. Unforeseen Conditions
36. Change in Laws and Regulations
37. Force Majeure
38. War Risks

H. Change in Contract Elements

39. Change in the Facilities

40. Extension of Time for Completion
41. Suspension
42. Termination
43. Assignment

I. Other Conditions

44. Contractor Performance Feedback and Evaluation System

45. Fraud Prevention Policy
46. Debarment
47. Integrity Pact [IF APPLICABLE]
48. Independent External Monitors [IF APPLICABLE]
49. Contractor’s Labor Information Management System
50. No Claim for interest or damage
51. Human Resources
52. Materials obtained from Excavation
53. Treasure, Trove, Fossils, etc
54. Protection of Trees
55. Security Watch and Lighting
56. Prevention of Pollution
57. Explosives
58. Royalty
59. Procedure for Contract Closing
Clause No. GENERAL CONDITIONS OF CONTRACT (GCC)

A. Contract and Interpretation

1. Definitions 1.1 Definitions

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

“Contract” means the Contract Agreement entered into between the

Employer and the Contractor, together with the Contract Documents
referred to therein; they shall constitute the Contract, and the term “the
Contract” shall in all such documents be construed accordingly.

“Contract Documents” means the documents listed in Article 1.1

(Contract Documents) of the Form of Contract Agreement (including any
amendments thereto).

“GCC” means the General Conditions of Contract hereof.

“SCC” means the Special Conditions of Contract.

“Day” means calendar day of the Gregorian Calendar.

“Month” means calendar month of the Gregorian Calendar.

“Employer” means the person named as such in the SCC and includes
the legal successors or permitted assigns of the Employer.

"Project Manager" means the person appointed by the Employer in the

manner provided in GCC Sub-Clause 17.1 (Project Manager) hereof and
named as such in the SCC to perform the duties delegated by the
Employer.

“Contractor” means the person(s) whose bid to perform the Contract

has been accepted by the Employer and is named as such in the
Contract Agreement, and includes the legal successors or permitted
assigns of the Contractor.

“Contractor’s Representative” means any person nominated by the

Contractor and approved by the Employer in the manner provided in
GCC Sub-Clause 17.2 (Contractor’s Representative and Construction
Manager) hereof to perform the duties delegated by the Contractor.

“Subcontractor,” including vendors, means any person to whom

execution of any part of the Facilities, including preparation of any
design or supply of any Plant and Equipment, is sub-contracted
directly or indirectly by the Contractor, and includes its legal successors
or permitted assigns.

“Contract Price” means the sum specified in Article 2.1 (Contract Price)
of the Contract Agreement, subject to such additions and adjustments
thereto or deductions there from, as may be made pursuant to the
Contract.

“Facilities” means the Plant and Equipment to be supplied and installed,

as well as all the Installation Services to be carried out by the Contractor
under the Contract.

“Plant and Equipment” means permanent plant, equipment, machinery,

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Clause No. GENERAL CONDITIONS OF CONTRACT (GCC)

apparatus, articles and things of all kinds to be provided and

incorporated in the Facilities by the Contractor under the Contract
(including the spare parts to be supplied by the Contractor under GCC
Sub-Clause 7.3 hereof), but does not include Contractor’s Equipment.

“Installation Services” means all those services ancillary to the supply of

the Plant and Equipment for the Facilities, to be provided by the
Contractor under the Contract; e.g., transportation and provision of
marine or other similar insurance, inspection, expediting, Site
preparation works (including the provision and use of Contractor’s
Equipment and the supply of all construction materials required),
installation, testing, pre-commissioning, commissioning, operations &
maintenance required for achieving Completion of Facilities, the
provision of operations and maintenance manuals, training of
Employer's Personnel etc.

“Contractor’s Equipment” means all plant, facilities, equipment,

machinery, tools, apparatus, appliances or things of every kind required
in or for installation, completion and maintenance of Facilities that are
to be provided by the Contractor, but does not include Plant and
Equipment, or other things intended to form or forming part of the
Facilities.

“Site” means the land and other places upon which the Facilities are to
be installed, and such other land or places as may be specified in the
Contract as forming part of the Site.

“Effective Date” means the date from which the Time for Completion
shall be determined as stated in Article 3 (Effective Date for Determining
Time for Completion) of the Form of Contract Agreement.

“Time for Completion” means the time within which Completion of the
Facilities as a whole (or of a part of the Facilities where a separate Time
for Completion of such part has been prescribed) is to be attained in
accordance with the stipulations in the SCC and the relevant provisions
of the Contract.

“Completion” means that the Facilities (or a specific part thereof where
specific parts are specified in the SCC) have been completed
operationally and structurally and put in a tight and clean condition, and
that all work in respect of Pre-commissioning of the Facilities or such
specific part thereof has been completed; and Commissioning has been
attained as per Technical Specifications.

“Pre-commissioning” means the testing, checking and other

requirements specified in the Technical Specifications that are to be
carried out by the Contractor in preparation for Commissioning as
provided in GCC Clause 24 (Completion) hereof.

“Commissioning” means trial/initial operation of the Facilities or any part

thereof by the Contractor, which operation is to be carried out by the
Contractor as provided in GCC Sub-Clause 25.1 (Commissioning)
hereof, for the purpose of carrying out Guarantee Test(s).

“Guarantee Test(s)” means the test(s) specified in the Technical

Specifications to be carried out to ascertain whether the Facilities or a
specified part thereof is able to attain the Functional Guarantees
specified in the Technical Specifications in accordance with the

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provisions of GCC Sub-Clause 25.2 (Guarantee Test) hereof.

“Operational Acceptance” means the acceptance by the Employer of the

Facilities (or any part of the Facilities where the Contract provides for
acceptance of the Facilities in parts), which certifies the Contractor’s
fulfilment of the Contract in respect of Functional Guarantees of
the Facilities (or the relevant part thereof) in accordance with the
provisions of GCC Clause 28 (Functional Guarantees) hereof and
shall include deemed acceptance in accordance with GCC Clause 25
(Commissioning and Operational Acceptance) hereof.

“Defect Liability Period” means the period of validity of the warranties

given by the Contractor commencing at Completion of the Facilities or
a part thereof, during which the Contractor is responsible for defects
with respect to the Facilities (or the relevant part thereof) as provided
in GCC Clause 27 (Defect Liability) hereof.

“Goods and Services Tax” or “GST” means taxes levied under the
Central Goods and Services Tax Act, Integrated Goods and Services
Tax Act, Goods and Services Tax (Compensation to States) Act, and
various State/Union Territory Goods and Services Tax Laws and
applicable cesses, if any under the laws in force (hereinafter referred to
as relevant GST Laws).

1.2 “Sub-contractor from a country which shares a land border with India”
means;
a) An entity incorporated, established or registered in such a country; or
b) A subsidiary of an entity incorporated, established or registered in
such a country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.

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1.2.1 The beneficial owner for the purpose of clause “1.2” above will be as
under;

a) In case of company or Limited Liability Partnership, the beneficial

owner is the natural person(s), who, whether acting alone or together,
or through one or more juridical person, has a controlling ownership
interest or who exercises control through other means.

Explanation

i. “Controlling ownership interest” means ownership of or entitlement

to more than twenty-five per cent of shares or capital or profits of
the company;

ii. “Control” shall include the right to appoint majority of the directors
or to control the management or policy decisions including by
virtue of their shareholdings or management rights or shareholders
agreements or voting agreements;

b) In case of a partnership firm, the beneficial owner is the natural

person(s) who, whether acting alone or together, or through one or
more judicial person, has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;

c) In case of an unincorporated associations or body of individuals, the

beneficial owner is the natural person(s) who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individuals;

d) Where no natural person is identified under (a) or (b) or (c) above, the
beneficial owner is the relevant natural person who holds the position
of senior managing officials;

e) In case of a trust, the identifications of beneficial owner(s) shall

include identification of the author of trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and any
other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.

1.2.2 An Agent for the purpose of clause “1.2” is a person employed to do any
act for another, or to represent another in dealings with third person:

[Note: i. A person who procures and supplies finished goods from an

entity from a country which shares a land border with India
will, regardless of the nature of his legal or commercial
relationship with the producer of the goods, be deemed to be
an Agent.

ii. However, a person who only procures raw material,

components etc. from an entity from a country which shares a
land border with India and then manufactures or converts them
into other goods will not be treated as an Agent.]
2. Contract Documents
2.1 Subject to Article1.2 (Order of Precedence) of the Contract Agreement,
all documents forming part of the Contract (and all parts thereof) are
intended to be correlative, complementary and mutually explanatory.

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The Contract shall be read as a whole.

2.2 The Contract will be signed in three originals and the Contractor shall be
provided with one signed original and the rest will be retained by the
Employer.

2.3 The Contractor shall provide free of cost to the Employer all the
engineering data, drawing and descriptive materials submitted with the
bid, in at least three (3) copies to form a part of the Contract immediately
after Notification of Award.

2.4 Subsequent to signing of the Contract, the Contractor at his own cost
shall provide the Employer electronic version of the signed Contract
Agreement on CD-ROM/ USB drive within thirty (30) days of its signing.

3. Interpretation

3.1 Language

3.1.1 Unless the Contractor is a national of the Employer’s country and the
Employer and the Contractor agree to use the local language, 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.

3.1.2 If any of the Contract Documents, correspondence or communications

are prepared in any language other than the governing language under
GCC Sub-Clause 3.1.1 above, the English translation of such
documents, correspondence or communications shall prevail in matters
of interpretation.

3.1.3 The English Translation of the documents shall be carried out by

professional translators and the translator shall certify that he is
proficient in both languages in order to translate the document and that
the translation is complete and accurate. Further, translation shall be
authenticated by the Indian Consulate located in the Country where the
documents have been issued or the Embassy of that Country in India.

3.2 Singular and Plural

The singular shall include the plural and the plural the singular, except
where the context otherwise requires.

3.3 Headings

The headings and marginal notes in the General Conditions of Contract

are included for ease of reference, and shall neither constitute a part of
the Contract nor affect its interpretation.

3.4 Persons

Words importing persons or parties shall include firms, corporations and

government entities.

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3.5 Incoterms

Unless inconsistent with any provision of the Contract, the meaning of

any trade term and the rights and obligations of parties thereunder shall
be as prescribed by Incoterms.

Incoterms means international rules for interpreting trade terms

published by the International Chamber of Commerce (latest edition), 38
Cours Albert 1er, 75008 Paris, France.

3.6 Construction of the Contract

3.6.1 The Contracts to be entered into between the Employer and the
successful bidder shall be as under:

- First Contract: For Ex-works (India) supply of Plant and Equipment

including type test charges and Mandatory spares.

- Second Contract: For providing all services i.e. inland

transportation for delivery at site, inland transit insurance,
unloading, storage, handling at site, installation (including civil,
structural steel work & allied work, if applicable), insurance covers
other than inland transit insurance, testing and commissioning and
conducting guarantee tests in respect of all the Plant and
Equipment supplied under the 'First Contract' and all other services
specified in the Contract Documents.

- “Third Contract” for Operation & Maintenance of complete Solar PV

plant for a period of Ten (10) years from the date of successful
completion of commissioning.

3.6.2 The award of separate Contracts shall not in any way dilute the
responsibility of the Contractor for the successful completion of the
Facilities as per Contract Documents and a breach in one Contract shall
automatically be construed as a breach of the other Contract(s) which
will confer a right on the Employer to terminate the other Contract(s) also
at the risk and the cost of the Contractor.

3.7 Entire Agreement

Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the

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

3.8 Amendment
No amendment or other variation of the Contract shall be effective
unless it is in writing, is dated, expressly refers to the Contract, and is
signed by a duly authorized representative of each party hereto.

3.9 Independent Contractor

The Contractor shall be an independent contractor performing the

Contract. The Contract does not create any agency, partnership, joint

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venture or other joint relationship between the parties hereto.

Subject to the provisions of the Contract, the Contractor shall be solely
responsible for the manner in which the Contract is performed. All
employees, representatives or Subcontractors 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 Employer, and nothing contained in the Contract or
in any subcontract awarded by the Contractor shall be construed to
create any contractual relationship between any such employees,
representatives or Subcontractors and the Employer.

3.10 Joint Venture or Consortium

If the Contractor is a joint venture or consortium of two or more firms, all

such firms shall be jointly and severally bound to the Employer for the
fulfilment 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 or
consortium. The composition or the constitution of the joint venture or
consortium shall not be altered without the prior consent of the
Employer.

3.11 Non-Waiver

3.11.1 Subject to GCC Sub-Clause 3.11.2 below, no relaxation,

forbearance, delay or indulgence by either party in enforcing
any of the terms and conditions of the Contract or the granting
of time by either party to the other shall prejudice, affect or
restrict the rights of that party under the Contract, nor shall any
waiver by either party of any breach of Contract operate as
waiver of any subsequent or continuing breach of Contract.
3.11.2 Any waiver of a party’s rights, powers or remedies under the
Contract must be in writing, must be dated and signed by an
authorized representative of the party granting such waiver, and
must specify the right and the extent to which it is being waived.

3.12 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.

3.13 Country of Origin

“Origin” means the place where the materials, equipment and other
supplies for the Facilities are mined, grown, produced or manufactured,
and from which the services are provided.

4. Notices 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, or e-mail to the address of the relevant
party set out in the Contract Coordination Procedure to be finalised
pursuant to GCC Sub-Clause [Link], with the following provisions.

4.1.1 Any notice sent by airmail post or special courier shall be

deemed (in the absence of evidence of earlier receipt) to have
been delivered ten (10) days after despatch. In proving the fact
of despatch, it shall be sufficient to show that the envelope
containing such notice was properly addressed, stamped and

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conveyed to the postal authorities or courier service for

transmission by airmail or special courier.

4.1.2 Any notice delivered personally or sent by e-mail shall be

deemed to have been delivered on date of its despatch.

4.1.3 Either party may change its postal or e-mail address or

addressee for receipt of such notices by ten (10) days’ notice to
the other party in writing.

4.2 Notices shall be deemed to include any approvals, consents,

instructions, orders and certificates to be given under the Contract.

5. Governing Laws

5.1 The Contract shall be governed by and interpreted in accordance with

laws in force in India. The Courts of Delhi shall have exclusive
jurisdiction in all matters arising under the Contract.

6. Settlement of Disputes

6.1 Mutual Consultation

If any dispute of any kind whatsoever shall arise between the Employer
and the Contractor in connection with or arising out of the Contract,
including without prejudice to the generality of the foregoing, any
question regarding its existence, validity or termination, or the execution
of the Facilities, whether during the progress of the Facilities or after
their completion and whether before or after the termination,
abandonment or breach of the Contract, the parties shall seek to resolve
any such dispute or difference by mutual consultation.

On reference of such a dispute by either party, the Employer shall invite

the Contractor for mutual consultation, within seven (07) working days of
such reference.

Without admitting the Employer’s liability, the Employer may obtain,

within 30 days of reference of the dispute, further details from the
Contractor and examine it relating to the dispute. Such examination (if
any) by the Employer shall not imply acceptance of the accuracy or
completeness of the details. The Employer may hold discussions with
Contractor with an effort to resolve the dispute.

If the parties fail to resolve such a dispute or difference by mutual

consultation within a period of forty-five (45) days from the date of
reference of such dispute or within such extended period as the parties
shall agree in writing, then the dispute may be settled through
Independent Engineer (if applicable) and/ or Mediation through
Independent External Monitors (if applicable) and/or through Conciliation
and/or Arbitration (if applicable) / other remedies available under the
applicable laws.

Notwithstanding anything contained in any other law for the time being in
force, the parties shall keep confidential all matters relating to the Mutual
consultation proceedings. Confidentiality shall extend also to any
agreement reached during Mutual consultation, except where its
disclosure is necessary for purposes of implementation and
enforcement.

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The parties shall not rely on or introduce as evidence in Independent

Engineer/ Mediation/ Conciliation/ Arbitral or Judicial proceedings,
whether or not such proceedings relate to the dispute that is the subject
of the Mutual consultation proceedings-

a) views expressed or suggestions made by the other party in

respect of a possible settlement of the dispute;

b) admissions made by the other party in the course of the mutual

consultation proceedings;

c) the fact that the other party had indicated his willingness to
accept a proposal for mutual settlement.
6.2 Deleted

6.3 *Mediation through Independent External Monitors (IEMs)

If the parties fail to resolve a dispute or difference by mutual

consultation and through Independent Engineer (if applicable)
within a period specified at Cl. 6.1 and 6.2 above, the dispute,
if the parties agree, may be referred to the Panel of IEMs for
Mediation.

The Mediation proceedings shall be completed in a time bound

manner, in not more than 45 days from the date of
reference to IEMs for Mediation.

The IEMs may conduct the Mediation proceedings in the

manner, they consider appropriate. In case of 3-member Panel
of IEMs, 2 members will constitute a valid quorum and the
meeting can take place to proceed in the matter after seeking
consent from the member who is not available. However, IEMs
recommendations will be signed by all the members.

The fees for such meetings shall be as specified in the SCC.

The travel and stay arrangement for such meetings shall be
equal to that of Independent Board Member of Employer’s
Organization. However, not more than five meetings shall be
held for a particular dispute resolution. The fees/ expenses on
dispute resolution shall be equally shared by both the parties.

If decision of IEMs is acceptable to both the parties, a

Settlement Agreement will be signed to the extent agreed by
the parties within 15 days of acceptance by the parties and
same shall be authenticated by all the IEMs.

Notwithstanding anything contained in any other law for the

time being in force, the Mediator and the parties shall keep
confidential all matters relating to the Mediation proceedings.
Confidentiality shall extend also to the settlement agreement,
except where its disclosure is necessary for purposes of
implementation and enforcement.

The parties shall not rely on or introduce as evidence in

Conciliation or Arbitral or Judicial proceedings, whether or not
such proceedings relate to the dispute that is the subject of the

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Mediation proceedings,—

a) views expressed or suggestions made by the other party

in respect of a possible settlement of the dispute;

b) admissions made by the other party in the course of the

Mediation proceedings;

c) proposals made by the Mediator; and

d) the fact that the other party had indicated his willingness
to accept a proposal for settlement made by the Mediator.

6.4 Resolution of Dispute through Conciliation

If the parties fail to resolve such a dispute or difference by

mutual consultation and through Independent Engineer (if
applicable) and/or through Mediation (if applicable) within a
period as specified at Cl. 6.1, 6.2 and 6.3 above, the dispute if
the parties agree, may be referred to Conciliation.

(i) For cases where the disputed amount (Claim/ Counter

claim, whichever is higher) is upto Rs. 25 Cr. (excluding
interest), the matter for conciliation shall be referred to
Expert Settlement Council (ESC), constituted by
Employer.

(ii) For cases where the disputed amount (Claim/ Counter

claim, whichever is higher) is above Rs. 25 Cr. (excluding
interest), the matter for conciliation shall be referred to
Conciliation Committee of Independent Experts (CCIE),
constituted by Ministry of Power (MoP).

If the claim/Counter-claim is in foreign currency, the SBI Bills

Selling Exchange rate prevailing on the date of claim shall be
used for the purpose of converting the claim in Indian Rupee.

The Conciliation process shall be conducted as per Part III of

the Arbitration and Conciliation Act, 1996.

In case of failure of the conciliation process at the level of the

CCIE, the parties may withdraw from conciliation process and
take recourse to the laid down legal process of Courts. The
option of Arbitration would not be available once the
conciliation mechanism through CCIE has been exercised.

[Link] of Dispute through Expert Settlement Council

(ESC), constituted by EMPLOYER {For cases with Disputed
amount (Claim/ Counter claim, whichever is higher) upto
Rs. 25 Crore excl. interest}

If the parties fail to resolve such a dispute or difference by

mutual consultation and through Independent Engineer (if
applicable) and/or through Mediation (if applicable) within a
period specified at Cl. 6.1, 6.2 and 6.3 above, the dispute, if
the parties agree, may be referred to Conciliation through
Expert Settlement Council (ESC), in cases where the Disputed
amount (Claim/ Counter claim, whichever is higher) is upto

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Rs.25crore (excl. interest).

[Link]. Invitation for Conciliation through ESC:

[Link].1. A party shall notify the other party in writing about such a
dispute it wishes to refer for Conciliation through ESC within a
period of 15 days from the date of failure to resolve the dispute
through Mutual Consultation and Independent Engineer (if
applicable) and/or through Mediation (if applicable) within a
period as specified at Cl. 6.1, 6.2 and 6.3 above. Such
Invitation for Conciliation shall contain sufficient information as
to the dispute to enable the other party to be fully informed as
to the nature of the dispute, amount of the monetary claim, if
any, and apparent cause of action.

[Link].2. Upon acceptance of the invitation to conciliate, the other party

shall submit its counter claim, if any, within a period of 15 days
from the date of the invitation to conciliate. If the other party
rejects the invitation or Disputed amount (Claim/ Counter
claim, whichever is higher) exceeds Rs 25crore (excl. Interest),
there will be no Conciliation proceedings through ESC.

There shall be no Conciliation where disputed amount (Claim/

Counter claim, whichever is higher excl. interest) is only up to
Rs 5 lakhs.

[Link].3. If the party initiating Conciliation does not receive a reply within
fifteen (15) days from the date on which it sends the invitation,
or within such other period of time as specified in the invitation,
it shall treat this as a rejection of the invitation to conciliate
from the other party.

[Link]. Conciliation through ESC:

[Link].1. Where Invitation for Conciliation has been furnished under

GCC sub clause [Link], the parties shall attempt to settle
such dispute through Expert Settlement Council (ESC) which
shall be constituted by CMD/Chairman of Employer.

[Link].2. ESC will be formed from experts comprising three members

from the panel of Conciliators maintained by EMPLOYER.
However, there will be single member ESC for disputes
involving disputed amount (Claim/ Counter claim, whichever is
higher excl. interest) is up to Rs. 1 crore.

CMD/ Chairman of Employer shall have the authority to

reconstitute the ESC to fill any vacancy.

[Link].3. The ESC shall be amongst Civil Servants of Govt. of India

retired from the level of Joint Secretary and above, Retired
Judges, Officers retired from the level of Executive Director
and above of any Maharatna /Navratna company in India,
other than NTPC Ltd, Retired Independent Directors who have
served on the Board of any Maharatna / Navratna company in
India, other than NTPC Ltd.

[Link]. Proceedings before ESC:

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[Link].1. The claimant shall submit its Statement of Claims (SOC) along
with relevant documents to ESC members, and to the party(s)
indicated in the appointment letter within 15 days of
appointment of ESC. The respondent shall file its
reply/Statement of Defence (SOD) and counter claim (if any)
within 15 days of the receipt of the Statement of claims. Each
party shall send a copy of such Statement along with relevant
documents to the other party.

Parties may file their rejoinder/additional documents, if any in

support of their Claim/Counterclaim within next 7 days. No
documents shall be allowed thereafter, except with the
permission of ESC.

[Link].2. The parties shall file their claim and counterclaim in the
following format

a. Chronology of the dispute

b. Brief of the contract
c. Brief history of the dispute
d. Issues

Sl. Description of Amount (in Relevant

No. Claims/ Counter foreign Contract
claims currency/INR) Clause

e. Details of Claim(s)/Counter Claim(s)

f. Basis/Ground of claim(s)/counter claim(s) (along with
relevant clause of contract

Note: Statement of claims shall be restricted to maximum limit

of 20 pages.

[Link].3. In case of 3 members ESC, 2 members will constitute a valid

quorum and the meeting can take place to proceed in the
matter after seeking consent from the member who is not
available. However, ESC recommendations will be signed by
all the members.

If required, meetings can be conducted through video

conferencing/other digital means subject to the agreement
between the parties and the ESC.

[Link].4. The parties shall be represented by their in house employees.

No party shall be allowed to bring any advocate or outside
consultant/advisor/agent to contest on their behalf. Ex-officers
of Employer’s Organization who have handled the subject
matter in any capacity shall not be allowed to attend and
present the case before ESC on behalf of contractor.
However, ex-employees of parties may represent their
respective organizations. Parties shall not claim any interest on
claims/counter-claims from the date of notice invoking
Conciliation till execution of settlement agreement, if so
arrived. In case, parties are unable to reach a settlement, no
interest shall be claimed by either party for the period from the

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date of notice invoking Conciliation till the date of ESC

recommendations and 30 days thereafter in any further
proceeding.

[Link].5. ESC will conclude its proceedings in maximum 10

meetings, and give its recommendations within 90 days
from the date of reference to ESC. ESC will give its
recommendations to both the parties recommending possible
terms of [Link]/ Chairman of Employer may extend
the time/number of meetings, in exceptional cases, if ESC
requests for the same with sufficient reasons and as agreed by
the parties.

[Link].6. Depending upon the location of ESC members and the parties,
the venue of the ESC meeting shall be either
Delhi/Mumbai/Kolkata/Chennai or any other city whichever is
most economical from the point of view of travel and stay etc.
All the expenditure incurred in ESC proceedings shall be
shared by the parties in equal proportion.

[Link]. Fees & Facilities to the Members of the ESC

The cost of Conciliation proceedings including but not limited to

fees for Conciliator, Airfare, Local transport, Accommodation,
cost towards conference facility etc shall be as provided herein
below:

Sl. No. Fees/ Facility Entitlement

1 Fees Rs. 25,000 per meeting
subject to max. of Rs.
2,50,000 per case per
Conciliator.

2 Secretarial expenses Rs. 10,000 lump sum (to 1

member only).
3 Transportation in the Car as per entitlement or
city of the meeting Rs. 2,000 per day
4 Venue for meeting Employer’s conference
rooms
Facilities to be provided to the out-stationed member
5 Travel from the city of As per entitlement of
residence to the city of Independent Directors.
meeting Executive class air tickets /
first class AC train tickets/
Luxury car/ reimbursement
of actual fare. However,
entitlement of air travel by
Business class shall be
subject to austerity
measures, if any, ordered by
Govt of India.
6 Transport to and fro Car as per entitlement or Rs.
airport/ railway station 3,000
in the city of residence
7 Stay for out stationed As per entitlement of
members Independent Directors.

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8 Transport in the city of Car as per entitlement or Rs.

meeting 2000 per day

Aforesaid fees is subject to revision by Employer from time to

time and subject to government guidelines on austerity
measures, if any. All the expenditure incurred in the ESC
proceedings shall be shared by the parties in equal
proportions. The Parties shall maintain the account of
expenditure and present to the other for the purpose of sharing
on conclusion of the ESC proceedings.

[Link]. If recommendations/ report of ESC is acceptable to both the

parties, a Settlement Agreement under Section 73 of the
Arbitration and Conciliation Act, 1996 will be signed to the
extent agreed by the parties within 15 days of acceptance by
the parties and same shall be authenticated by all the ESC
members.

Parties are free to terminate Conciliation proceedings at any

stage as provided under the Arbitration and Conciliation Act
1996.

[Link]. Notwithstanding anything contained in any other law for the

time being in force, the Conciliator and the parties shall keep
confidential all matters relating to the Conciliation proceedings.
Confidentiality shall extend also to the settlement agreement,
except where its disclosure is necessary for purposes of
implementation and enforcement.

The parties shall not rely on or introduce as evidence in

Arbitral or judicial proceedings, whether or not such
proceedings relate to the dispute that is the subject of the
Conciliation proceedings,—

a) views expressed or suggestions made by the other

party in respect of a possible settlement of the dispute;

b) admissions made by the other party in the course of the

Conciliation proceedings;

c) proposals made by the Conciliator; and

d) the fact that the other party had indicated his willingness
to accept a proposal for settlement made by the
Conciliator.

6.4.2. Resolution of Dispute through Conciliation Committee of

Independent Experts (CCIE), constituted by Ministry of
Power (MoP) {For cases with Disputed amount (Claim/
Counter claim whichever is higher) above Rs. 25 Crore excl.
interest}

If the parties fail to resolve such a dispute or difference by

mutual consultation and through Independent Engineer (if
applicable) and/or through Mediation (if applicable) within a
period specified at Cl. 6.1, 6.2, 6.3 above, the dispute, if the
parties agree, may be referred to Conciliation Committee of

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Independent Experts (CCIE), in cases where the Disputed

amount (Claim/ Counter claim whichever is higher) is above Rs.
25 crore excl. interest. The option of Arbitration would not be
available once the conciliation mechanism through CCIE has
been exercised.

[Link]. Invitation for Conciliation through CCIE:

[Link].1. A party shall notify the other party in writing about such a
dispute it wishes to refer for CCIE within a period of 15 days
from the date of failure to resolve the dispute through Mutual
Consultation and Independent Engineer (if applicable) and/or
through Mediation (if applicable) within a period as specified at
Cl. 6.1, 6.2 and 6.3 above. Such Invitation for Conciliation shall
contain sufficient information as to the dispute to enable the
other party to be fully informed as to the nature of the dispute,
amount of the monetary claim, if any, and apparent cause of
action.

[Link].2. If the party initiating Conciliation does not receive a reply within
fifteen (15) days from the date on which it sends the invitation,
or within such other period of time as specified in the invitation,
it shall treat this as a rejection of the invitation to conciliate
from the other party.

[Link]. Conciliation Committee of Independent Experts:

[Link].1. Where Invitation for Conciliation has been consented to under

GCC sub clause [Link], the same shall be referred to the
Conciliation Committee of Independent Experts (CCIE) within
30 days.

Conciliation Committees of Independent Experts (CCIE) have

been constituted and notified by MoP for settlement of disputes
arising in the Contract. There are three CCIEs, as specified in
Special Conditions of Contract.

[Link].2. The Contractor may select three CCIEs, in priority order, from
the list of CCIEs enclosed with the Special Conditions of
Contract, for finalization by Central Electricity Authority (CEA).
There shall not be any conflict of interest for the members of
the CCIE due to their past assignments. Individuals CCIE
members shall submit an undertaking in this regard to the
Employer, prior to appointment. It shall be ensured that they
have not been engaged for providing any services to any of the
parties i.e. either Employer or the Contractor in the last five
years. An Undertaking in this regard, shall also be furnished by
the Contractor for the purpose of avoiding any conflict of
interest.

[Link]. Proceedings before CCIE:

[Link].1. The procedure of CCIE shall not be treated as alternate

arbitration proceedings where both parties come with
Statement of claims/defence, arguments/counter arguments,
rejoinders, written submissions etc., aided by their respective
lawyers.

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[Link].2. The parties shall be brief and to the point before the
Committee with regard to their respective stance and view the
exercise in the spirit of conciliation/settlement.

[Link].3. The possibility of non-availability of any one of the members of

CCIE in any proceedings cannot be ruled out. As such, the
Committee comprising the other two members shall be
competent to proceed in the matter. The proceedings of the
Committee shall not be vitiated if one of the three members of
CCIE is not present in the deliberations of the Committee.
When the parties sign the settlement agreement, at least two
members of CCIE shall authenticate the same. Such
conciliation proceedings shall be considered valid and the
settlement agreement will be binding on the parties.

[Link].4. The parties shall be represented by their in house employees.

No party shall be allowed to bring any advocate or outside
consultant/advisor/agent to contest on their behalf. Ex-officers
of Employer’s Organization who have handled the subject
matter in any capacity shall not be allowed to attend and
present the case before CCIE on behalf of contractor.
However, ex-employees of parties may represent their
respective organizations.

[Link].5. The Conciliation proceedings shall be completed in each case

through 5 sittings in a period of not more than three months
from the date the reference made to the CCIE. In exceptional
cases, if any dispute so merits, the time period may be
extended at the discretion of Conciliation Committee (with
reasons to be recorded in writing), for a further period of three
months.

[Link].6. The CCIE shall hold day to day sitting at a suitable place
(preferably the headquarter of the Employer or New Delhi) and
may hold as many sittings every month as it deems
appropriate keeping in view the volume of work.

[Link]. Fees & Facilities to the Members of the CCIE

Each member of CCIE would be paid a sum of Rs. 50,000/- as

sitting fee per sitting. In addition, Rs. 5,000/- per sitting will be
paid for local transport charges for each day of proceeding.

In case, a particular dispute requires more than 5 sittings, the

same may be held at the discretion of the CCIE but with a cap
on payment of fee for 5 sittings only. The local transport
charges shall, however, be paid as provided for each day of
sitting beyond the 5 sittings.

All expenditure incurred on the conciliation proceedings

including payment of fees to the Conciliators, office space,
logistic, secretarial assistance and other incidental expenses
etc. shall be borne by the Employer initially. Thereafter it shall
be shared equally by both parties on completion of the
conciliation process.

[Link]. The Parties shall maintain the account of expenditure and

present to the other for the purpose of sharing on conclusion of
the CCIE proceedings.

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The Conciliation process shall be conducted under Part III of

the Arbitration and Conciliation Act, 1996.

In case of failure of the conciliation process at the level of the

Conciliation Committee, the parties may withdraw from
conciliation process and take recourse to the laid down legal
process of Courts. However, the option of Arbitration would not
be available once the conciliation mechanism through CCIE
has been exercised.

In the event of the conciliation proceedings being successful,

the parties to the dispute would sign the written settlement
agreement and the conciliators would authenticate the same.
Such settlement agreement would then be binding on the
parties in terms of Section 73 of the Arbitration and
Conciliation Act, 1996.

After successful conclusion of proceedings, the Parties to the

conciliation process, have to undertake and complete all
necessary actions for implementation of the terms of
settlement within a period of 30 days from execution of
settlement agreement, unless a different timeline not
exceeding 60 days is agreed upon in settlement agreement. All
pending claims of parties, in connection with the dispute,
before any other legal forum are to be withdrawn within the
said 30 days in pursuance of the settlement agreement.

[Link]. Notwithstanding anything contained in any other law for the

time being in force, the Conciliator and the parties shall keep
confidential all matters relating to the Conciliation proceedings.
Confidentiality shall extend also to the settlement agreement,
except where its disclosure is necessary for purposes of
implementation and enforcement.

The parties shall not rely on or introduce as evidence in

Arbitral or judicial proceedings, whether or not such
proceedings relate to the dispute that is the subject of the
Conciliation proceedings,—

a) views expressed or suggestions made by the other

party in respect of a possible settlement of the dispute;

b) admissions made by the other party in the course of the

Conciliation proceedings;

c) proposals made by the Conciliator; and

d) the fact that the other party had indicated his willingness
to accept a proposal for settlement made by the
Conciliator.

6.5 6.5. Arbitration

6.5.1. If the process of mutual consultation and IE (if applicable)and/or

Mediation (if applicable) and/or ESC fails to arrive at a
settlement between the parties and/or settlement of dispute
through CCIE not exercised as mentioned at GCC Sub-
Clauses 6.1, 6.2, 6.3, 6.4 above, Employer or the Contractor

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may, within Thirty (30) days of such failure, give notice to the
other party, of its intention to commence arbitration, as
hereinafter provided, as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless
such notice is given. The mechanism of settling the disputes
through arbitration shall be applicable only in cases where the
disputed amount (i.e. Claim/ Counter claim, whichever is
higher, excluding interest) does not exceed Rs. 25 crores.

If the claim/ counter claim is in foreign currency, the SBI Bills

Selling Exchange rate prevailing on the date of claim shall be
used for the purpose of converting the claim in Indian Rupee

In case the disputed amount (Claim/ Counter claim, whichever

is higher, excl. interest) exceeds Rs. 25 Crores, the parties
shall be within their rights to take recourse to remedies as may
be available to them under the applicable laws other than
Arbitration after prior intimation to the other party. There shall
be no arbitration where the disputed amount (Claim/ counter
claim, whichever is higher) is only up to Rs. 5 lakhs.

The parties at the time of invocation of arbitration shall submit

all the details of the claims and the counter-claims including the
Heads/Sub-heads of the Claims/Counter-Claims and the
documents relied upon by the parties for their respective claims
and counter-claims. The parties shall not file any
documents/details of the claims and counter-claims thereafter.

The claims and the counter claims raised by the parties at the
time of invocation of the arbitration shall be final and binding on
the parties and no further change shall be allowed in the same
at any stage during arbitration under any circumstances
whatsoever.

The parties to the contract shall invoke arbitration within Six

months from the date of completion of the Facilities under the
contract or the termination of the contract as the case may be
and the parties shall not invoke arbitration later on after expiry
of the said period of six months.

In case, no claim is filed within this period of six months, it shall

be presumed that there is no claim. Any claim filed after the
aforesaid period of six months shall not be entertained.

6.5.2. Any dispute in respect of which a notice of intention to

commence arbitration has been given, in accordance with
GCC Sub Clause 6.5.1, shall be finally settled by arbitration.

6.5.3. It is agreed between the parties that the Arbitration

proceedings shall be conducted as per the provisions of Fast
Track Procedure as provided under The Arbitration and
Conciliation Act, 1996, as amended from time to time.

Any dispute raised by a party to arbitration shall be adjudicated

by a Sole Arbitrator appointed by mutual consent from among
the List of empanelled Arbitrators maintained by EMPLOYER,
in the following manner:

a) A party willing to commence arbitration proceeding shall

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invoke Arbitration Clause by giving notice to the other party.

b) EMPLOYER, shall within 30 days from the receipt of such

notice shall send a panel of at least four arbitrators from
among its empanelled arbitrators to the Contractor for short
listing two among them for such appointment, within 15 days
from the date of receipt of the Panel of Arbitrators from
EMPLOYER.

c) CMD/ Chairman of Employer shall appoint the sole arbitrator

from among the two names short listed by the Contractor,
within 15 days from the receipt of such nomination. Notice to
the Parties of the constitution of the arbitral tribunal shall be
issued by EMPLOYER.

In case, the contractor fails to inform its shortlisted names

for appointment of sole arbitrator from the panel of at least
four arbitrators sent by the Employer or no response is
received from the contractor, within 15 days from the date of
receipt of the Panel of Arbitrators from EMPLOYER, CMD/
Chairman of Employer shall appoint the sole arbitrator from
among the four names sent to the contractor earlier.

d) If the Arbitrator so appointed dies, resigns, becomes

incapacitated or withdraws for any reason from the
proceedings or his mandate is terminated by the Court, it
shall be lawful for CMD/ Chairman of Employer to appoint
another person in his place in the same manner as
aforesaid. Such person shall proceed with the reference
from the stage where his predecessor had left.

e) Arbitrator shall be paid fees as per the Fee Schedule

(presently Fourth Schedule) provided in ‘The Arbitration and
Conciliation Act, 1996’ as amended from time to time. If the
claim/ counter claim is in foreign currency, the SBI Bills
Selling Exchange rate prevailing on the date of claim shall
be used for the purpose of converting the claim in Indian
Rupee which may be used for determining the arbitration
fee.

f) If after commencement of the Arbitration proceedings, the

parties agree to settle the dispute mutually or refer the
dispute to mediation or Conciliation, the arbitrator shall put
the proceedings in abeyance until such period as requested
by the parties. Where the proceedings are put in abeyance
or terminated on account of mutual settlement of dispute by
the parties, the fees payable to the arbitrator shall be
determined as under:

(i) 40% of the fees if the Pleadings are complete.

(ii) 60% of the fees if the Hearing has commenced.
(iii) 80% of the fees if the Hearing is concluded but the
Award is yet to be passed.

g) Each party shall pay its share of arbitrator’s fees in stages

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as under or as per the directions of Arbitrator:

(i) 40 % of the fees on Completion of Pleadings.

(ii) 40% of the fees on Conclusion of the Final
Hearing.
(iii) 20% at the time when arbitrator notifies the date
of final award.

h) The Claimant shall be responsible for making all necessary

arrangements for the travel/ stay of the Arbitrator including
venue of arbitration, hearings. The parties shall share the
expenses for the same equally.

i) The Arbitration shall be held at Delhi only.

j) The Arbitrator shall give reasoned and speaking award and

it shall be final and binding on the parties.

k) Subject to the aforesaid conditions, provisions of the

Arbitration and Conciliation Act, 1996 and any statutory
modifications or re-enactment thereof as amended from time
to time, shall apply to the arbitration proceedings under this
clause.

6.5.4. In the event of any dispute or difference relating to the

interpretation and application of the provisions of commercial
contract (s) between Central Public Sector Enterprises
(CPSEs)/ Port Trusts inter se and also between CPSEs and
Government Departments/ Organizations (excluding taxation
matters), such disputes or difference shall be taken up by
either party for resolution through Administrative Mechanism
for Resolution of CPSEs Disputes (AMRCD) as mentioned in
DPE Office Memorandum No. 4(1)/2013- DPE(GM)/FTS-1835
dated 22.05.2018 issued by Department of Public Enterprises,
Ministry of Heavy Industries and Public Enterprises,
Government of India and its further clarifications, modifications
and amendments, issued from time to time.

The aforesaid limit of Rs 25 crore shall not be applicable and

matter may be referred to AMRCD irrespective of the amount
involved in dispute, if the dispute could not be resolved through
Mutual Consultation and IE (if applicable) as brought out at
GCC Sub Clause 6.1 and 6.2 above.

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6.6 Notwithstanding any reference to the Independent Engineer or Mediation

or Conciliation or Arbitration herein,

(a) the parties shall continue to perform their

respective obligations under the Contract unless they otherwise
agree.

(b) the Employer shall pay the Contractor any

monies due to the Contractor.

Settlement of Dispute clause cannot be invoked by the Contractor, if the

Contract has been mutually closed or ‘No Demand Certificate’ has been
furnished by the Contractor or any Settlement Agreement has been
signed between the Employer and the Contractor.
B. Subject Matter of Contract

7. Scope Of Facilities

7.1 Unless otherwise expressly limited in the Technical Specifications, the

Contractor’s obligations cover the provision of all Plant and Equipment
including structural steel and the performance of all Installation
Services and civil works, allied works etc. required for the design, the
manufacture (including procurement, quality assurance, construction,
installation, associated civil works, Pre-commissioning and delivery) of
the Plant and Equipment and the installation, completion, commissioning
and performance testing of the Facilities in accordance with the plans,
procedures, specifications, drawings, codes and any other documents
as specified in the Technical Specifications. Such specifications
include, but are not limited to, the provision of supervision and
engineering services; the supply of labour, materials, equipment, spare
parts (as specified in GCC Sub-Clause 7.3 below) and accessories;
Contractor’s Equipment; construction utilities and supplies; temporary
materials, structures and facilities; transportation (including, without
limitation, unloading and hauling to, from and at the Site); and storage,
except for those supplies, works and services that will be provided or
performed by the Employer, as set forth in Appendix 6 (Scope of Works
and Supply by the Employer) to the Contract Agreement.

7.2 The Contractor shall, unless specifically excluded in the Contract,

perform all such work and/or supply all such items and materials not
specifically mentioned in the Contract but that can be reasonably
inferred from the Contract as being required for attaining Completion of
the Facilities as if such work and/or items and materials were expressly
mentioned in the Contract.

7.3
Deleted

8. Time for Commencement and Completion

8.1 The Contractor shall commence work on the Facilities from the date of
Notification of Award and without prejudice to GCC Sub-Clause 26.2
hereof, the Contractor shall thereafter proceed with the Facilities in
accordance with the time schedule specified in Appendix 4 (Time

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Schedule) to the Contract Agreement.

8.2 The Contractor shall attain Completion of the Facilities (or of a part
where a separate time for Completion of such part is specified in the
Contract) within the time stated in the SCC or within such extended time
to which the Contractor shall be entitled under GCC Clause 40
(Extension of Time for Completion) hereof.

9. Contractor’s Responsibilities

9.1 The Contractor shall design, manufacture (including associated

purchases and/or subcontracting), install and complete the Facilities with
due care and diligence in accordance with the Contract.

9.2 The Contractor confirms that it has entered into this Contract on the
basis of a proper examination of the data relating to the Facilities
(including any data as to boring tests) provided by the Employer, and on
the basis of information that the Contractor could have obtained from a
visual inspection of the Site (if access thereto was available) and of
other data readily available to it relating to the Facilities as at the date
fifteen (15) days prior to deadline set for price bid submission. The
Contractor acknowledges that any failure to acquaint itself with all such
data and information shall not relieve its responsibility for properly
estimating the difficulty or cost of successfully performing the Facilities.

9.3 The Contractor shall acquire in its name all permits, approvals and/or
licenses from all local, state or national government authorities or public
service undertakings in the country where the Site is located that are
necessary for the performance of the Contract, including, without
limitation, visas for the Contractor’s and Subcontractor’s personnel and
entry permits for all imported Contractor’s Equipment. The Contractor
shall acquire all other permits, approvals and/or licenses that are not the
responsibility of the Employer under GCC Sub-Clause 10.3 hereof and
that are necessary for the performance of the Contract.

9.4 The Contractor shall comply with all laws in force in the country where
the Facilities are installed and where the Installation Services are carried
out. The laws will include all national, provincial, municipal or other laws
that affect the performance of the Contract and bind upon the
Contractor. The Contractor shall indemnify and hold harmless the
Employer from and against any and all liabilities, damages, claims, fines,
penalties and expenses of whatever nature arising or resulting from the
violation of such laws by the Contractor or its personnel, including the
Subcontractors and their personnel, but without prejudice to GCC Sub-
Clause 10.1 hereof.

9.5 Any Plant, Material and Services that will be incorporated in or be

required for the Facilities and other supplies shall have their origin as
specified under GCC Clause 3.13 (Country of Origin).

10. Employer’s Responsibilities

10.1 The Employer shall ensure the accuracy of all information and/or data to
be supplied by the Employer as described in Appendix 6 (Scope of
Works and Supply by the Employer) to the Contract, except when
otherwise expressly stated in the Contract.

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10.2 The Employer shall be responsible for acquiring and providing legal and
physical possession of the Site and access thereto, and for providing
possession of and access to all other areas reasonably required for the
proper execution of the Contract, including all requisite rights of way, as
specified in Appendix 6 (Scope of Works and Supply by the Employer) to
the Contract Agreement. The Employer shall give full possession of, and
accord all rights of access thereto on or before the date(s) specified in
Appendix 6.

The Employer reserves the right to hand over the Site in parts
progressively to the Contractor. The Contractor will be required to take
possession of the Site without any undue delay and do work on the
released fronts in parts without any reservation whatsoever.

10.3 The Employer shall acquire and pay for all permits, approvals and/or
licenses from all local, state or national government authorities or public
service undertakings in the country where the Site is located which such
authorities or undertakings require the Employer to obtain them in the
Employer’s name, are necessary for the execution of the Contract (they
include those required for the performance by both the Contractor and
the Employer of their respective obligations under the Contract),
including those specified in Appendix 6 (Scope of Works and Supply by
the Employer) to the Contract Agreement.

10.4 If requested by the Contractor, the Employer shall use its best
endeavours to assist the Contractor in obtaining in a timely and
expeditious manner all permits, approvals and/or licenses necessary for
the execution of the Contract from all local, state or national government
authorities or public service undertakings that such authorities or
undertakings require the Contractor or Subcontractors or the personnel
of the Contractor or Subcontractors, as the case may be, to obtain.

10.5 Unless otherwise specified in the Contract or agreed upon by the

Employer and the Contractor, the Employer shall provide sufficient,
properly qualified operating and maintenance personnel; shall supply
and make available all raw materials, utilities, lubricants, chemicals,
catalysts, other materials and facilities ; and shall perform all work and
services of whatsoever nature, to enable the Contractor to properly carry
out Pre-commissioning, Commissioning and Guarantee Tests, all in
accordance with the provisions of Appendix 6 (Scope of Works and
Supply by the Employer) to the Contract Agreement at or before the
time specified in the program furnished by the Contractor under GCC
Sub-Clause 18.2 (Program of Performance) hereof and in the manner
thereupon specified or as otherwise agreed upon by the Employer and
the Contractor.

10.6 The Employer shall be responsible for the continued operation of the
Facilities after Completion, in accordance with GCC Sub-Clause 24.8,
and shall be responsible for facilitating the Guarantee Test(s) for the
Facilities, in accordance with GCC Sub-Clause 25.2.

10.7 All costs and expenses involved in the performance of the obligations
under this GCC Clause 10 shall be the responsibility of the Employer,
save those to be incurred by the Contractor with respect to the
performance of Guarantee Tests, in accordance with GCC Sub-Clause
25.2.

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C. Payment

11. Contract Price

11.1 The Contract Price shall be as specified in Article 2 (Contract Price and
Terms of Payment) of the Form of Contract Agreement.

11.2 The Contract Price shall be adjusted in accordance with provisions of

Appendix-2 (Price Adjustment) to the Contract Agreement.

11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 (Unforeseen Conditions)

hereof, the Contractor shall be deemed to have satisfied itself as to the
correctness and sufficiency of the Contract Price, which shall, except
as otherwise provided for in the Contract, cover all its obligations under
the Contract.

12. Terms of Payment

12.1 The Contract Price shall be paid as specified in Appendix 1

(Terms and Procedures of Payment) to the Contract Agreement. The
procedures to be followed in making application for and processing
payments shall be those outlined in the same Appendix 1.

12.2 No payment made by the Employer herein shall be deemed to constitute

acceptance by the Employer of the Facilities or any part(s) thereof.

12.3 The currency or currencies in which payments are made to the

Contractor under this Contract shall be specified in Appendix 1 (Terms
and Procedures of Payment) to the Contract Agreement, subject to the
general principle that payments will be made in the currency or
currencies in which the Contract Price has been stated in the
Contractor’s bid.

12.4 For payments related to Erection / Civil / Site Fabricated Structural

works (if applicable as per EIC):
A single designated ESCROW account shall be opened by the
Contractor in any Scheduled Bank of India under intimation to Employer.
All payments related to Erection / Civil / Site Fabricated Structural works
by the Employer due under the contract to the Contractor shall be
released into above-mentioned ESCROW account set up as per the Tri-
Partite Escrow Agreement between Employer, Contractor and Escrow
Bank. The payment shall be disbursed in accordance with the
mechanism set out in the Contract and Escrow Agreement. The purpose
of the Escrow Account would be to ensure that payments received under
the contract are solely used for implementation of the Contract. Under
Tripartite Escrow Agreement, the Escrow Bank will agree to ensure that
amounts received in the ESCROW Account are utilized for making
payments only to suppliers of goods and services, statutory authorities,
establishment expenses etc. as may be required in the performance of
the contract.
All expenses/charges for opening /operation (including Annual Fee) of
the Escrow Account shall be paid by the Contractor.
The draft agreement is annexed as Annexure-III to Appendix-1 to Form
of Contract Agreement, Section-VII, Book 3 of 3 (Part-1), which shall be
followed for executing Escrow Account Agreement.

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The Detailed Operative Procedure and Terms and Conditions of Escrow

Account (Schedule III of draft agreement) shall be finalized between the
Employer, Contractor and the Escrow Bank within 15 days of the
placement of award.

13. Securities
13.1 Issuance of Securities
The Contractor shall provide the securities specified below in favour of
the Employer at the times, and in the amount, manner and form
specified below.

13.2 Advance Payment Security

13.2.1 The Contractor shall, within twenty-eight (28) days of the

Notification of Award of Contract, provide a security in an
amount equal to the advance payment for supply of Plant &
Equipment and 110% of the advance amount for
Installation Services and Civil & Allied Works calculated in
accordance with Appendix 1 (Terms and Procedures of
Payment) to the Contract Agreement, and in the currency or
currencies of the Contract, with an initial validity of up to ninety
(90) days beyond the schedule date of Completion of the last
facility covered under the package in accordance with GCC
Clause 24. However, in case of delay in completion of the
facilities under the package, the validity of this security shall be
extended by the period of such delay. The advance payment
security shall also cover the amount of GST as applicable on
the advance payment to be paid to the contractor.

13.2.2 The security shall be in the form of an unconditional bank

guarantee as per the proforma provided in Section VII (Forms
and Procedures)- Form of Advance Payment Security. The
Advance payment Security shall be reduced pro-rata every
three (3) months after First Running Account Bill/Stage
Payment under the Contract based on the value of the
respective equipment/facilities received and applicable GST.
The cumulative amount of reduction at any point of time shall
not exceed ninety (90%) of the advance and the amount of
GST paid on the advance amount corresponding to cumulative
value of the respective equipment/Facilities supplied and
received as per certificate issued by the Project Manager. The
balance shall be released upon release of respective milestone
linked payments as identified in Appendix-1 of form of Contract
Agreement. In case milestone payment is not envisaged in the
package, the balance shall be released after Completion of
those Facilities on certification by the Project Manager. It
should be clearly understood that reduction in the value of
security for advance shall not in any way dilute the Contractor's
responsibility and liabilities under the Contract including in
respect of the Facilities for which the reduction in the value of
security is allowed.

13.3 Performance Security

13.3.1 The Contractor shall, within twenty-eight (28) days of the

Notification of Award, provide securities for the due
performance of the Contract as Specified in SCC for all the
Contracts, with an initial validity up to ninety (90) days beyond
the end of scheduled Defect Liability Period of the last

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equipment covered under the Contract.

However, in case of delay in completion of the defect liability

period, the validity of all the contract performance securities
shall be extended by the period of such delay.

13.3.2 The performance security shall be denominated in the currency

of the Contract and shall be in the form of unconditional bank
guarantee provided in Section-VII (Forms and Procedures)-
Form of Performance Security of the bidding documents.

13.3.3 Unless otherwise stipulated in SCC, the security shall be

reduced pro rata to the Contract Price of a part of the Facilities for which
a separate time for Completion is provided, twenty one (21) months after
Completion of the Facilities or where relevant part thereof, or fifteen (15)
months after Operational Acceptance of the Facilities (or the relevant
part thereof), whichever occurs first; provided, however, that if the
Defects Liability Period has been extended on any part of the Facilities
pursuant to GCC Sub-Clause 27.8 hereof, the Contractor shall issue an
additional security in an amount proportionate to the Contract Price of
that part. The security shall be returned to the Contractor immediately
after its expiration, provided, however, that if the Contractor, pursuant to
GCC Sub-Clause 27.10, is liable for an extended warranty obligation,
the performance security shall be extended for the period and up to the
amount agreed upon or as specified in the SCC.

13.3.4 Whenever adjustments under Clause 39 [Change in the

Facilities] result in an accumulative increase or decrease of the
Contract Price by more than fifteen percent (15%) of the
Contract Price stated in the Contract Agreement:

(a) in the case of such an increase, at the Project Manager’s

request the Contractor shall promptly increase the amount of the
Performance Security in that currency by a percentage equal to the
accumulative increase; or

(b) in the case of such a decrease, subject to the Project Manager’s

prior consent the Contractor may decrease the amount of the
Performance Security in that currency by a percentage equal to the
accumulative decrease.

13.4 Security for Deed of Joint Undertaking

In case Deed(s) of Joint Undertaking by the Contractor along with his

Collaborator(s) / Associate(s) form part of the Contract, then, in addition
to the Contract performance securities furnished by the Contractor, the
Collaborator(s) / Associate(s) shall furnish, within twenty eight (28) days
of the Notification of Award, separate unconditional Bank Guarantee(s)
towards faithful performance of the Deed(s) of Joint Undertaking for
amount(s) specified in relevant Item of Bid Data Sheets and with validity
till such period as specified in the corresponding format for Deed of
Joint Undertaking. However, in case of delay in completion of defect
liability period, the validity of Bank Guarantee(s) submitted towards
faithful performance of Deed(s) of Joint Undertaking shall be extended

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by such period of delay.

13.5 The Bank Guarantee(s) shall be denominated in the currency or

currencies of Contract and shall be as per the proforma provided in
Section-VII (Forms and Procedures) - Form of Bank Guarantee to be
furnished by Associate(s) / Collaborator(s).

The Bank Guarantees submitted towards Advance Payment Security,

Contract Performance Security and Security in compliance to the Deed
of Joint Undertaking (if applicable) shall be essentially from any of the
Banks listed at Annexure-I to Section-V (Special Conditions of
Contract) of the bidding documents.

In case of guarantees issued by branches outside India for foreign

banks, the bank guarantees shall be routed through the correspondent
Bank in India for due verification of signatures of the executant and
lodgement of claim.

The bank guarantee submitted from within India towards Advance

13.6 Payment Security, Contract Performance Security and Security for
Deed of Joint Undertaking (if applicable) shall be issued on a stamp
paper of appropriate value as per stamp act prevailing in the State of
the issuing Bank in India or the state of U.P. in India or the State from
where the BG shall be operated, whichever is higher.

13.7 Where a BG issued by a Bank outside India also needs to bear Stamp
Duty of appropriate value applicable to the place in NVVN / Employer
where BG is to be submitted, the BG will be adjudicated from Collector
of Stamps, within 3 months of arrival of BG in India and the expenses
incurred in this regard shall be borne by the Contractor.

a) All BGs except BG issued by a Bank outside India and all

Insurance Surety Bonds except those issued by an Indian
Insurance company outside India , shall be received from
issuing Bank/Insurance company directly through post/ courier,
NVVN at below mentioned address:

NTPC VIDYUT VYAPAR NIGAM LIMITED

Engineering Office Complex, Plot No. A-8A Sector 24,
Block A, Noida, Uttar Pradesh 201301
Email: nvvncontracts@[Link]

A BG issued by a Bank outside India and Insurance Surety

Bond issued by an Indian Insurance company outside India
need to be submitted by the Bidder directly to the employer as
defined in BDS. The BG/ Insurance Surety Bond also needs to
bear stamp duty of appropriate value applicable to the place in
NVVN where BG/ Insurance Surety Bond is to be submitted.
The BG/ Insurance Surety Bond may be got adjudicated by the
employer from Collector of Stamps, within 3 months of arrival of
BG/ Insurance Surety Bond in India. Expenses incurred in this
regard shall be adjusted from the payment due to the
contractor.

b) A soft copy of the BG/ Insurance Surety Bond is mandatorily

required to be mailed to nvvncontracts@[Link] by the
issuing Bank/ Insurance company.

c) Confirmation of BGs through Structured Financial Messaging

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System (SFMS)/SWIFT

While issuing the physical BGs, the Bidder’s Bank shall also
send electronic message through secure SFMS (in case of BGs
issued from within India) or SWIFT (in case of BGs issued from
outside India) to Employer’s Beneficiary Bank whose details are
provided herein below:

(i) Bank Name: ICICI Bank Limited

(ii) Branch: CONNAUGHT PLACE BRANCH
(iii) Bank Address: 9A, PHELPS BUILDING, INNER CIRCLE,
NEW DELHI-110001
(iv) IFSC Code: ICIC0000007

BG issuing/amending bank must send the BG advice in the

form of message format via SFMS (Structured Financial
Messaging System) as provided by RBI. The format of the
message for confirmation of the BG shall be as below:

BG advising message: IFN 760COV/ IFN 767COV via SFMS

Field Number: Particulars (to be mentioned in Row 1)

7037: NVVNBG8910 (unique identifier)

d) All Bank Guarantees/ Insurance Surety Bond should be

enforceable for minimum ninety (90 days) after expiry of its
validity.

e) Extension of all BGs/ Insurance Surety Bonds should be on

Stamp paper of same value as that of the original BG/
Insurance Surety Bond. Minimum extension of any BG/
Insurance Surety Bond should be three months.
14. Taxes and Duties

14.1 Except as otherwise specifically provided in the Contract, the Contractor

shall bear and pay all taxes, duties, levies and charges assessed on the
Contractor, its Sub-contractor or their employees by all municipal, state
or national government authorities in connection with the Facilities in and
outside of the country where the Site is located.

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14.2 Notwithstanding GCC Sub-Clauses 14.1 above, the Employer shall bear
and pay/reimburse to the Contractor Goods and Services Tax (GST)
applicable on: (a) Plant and Equipment (including Type test Charges)
and Mandatory spares to be supplied from within the Employer’s country
specified in Price Schedule No. 2 (and also on locally supplied
Recommended Spare Parts quoted in Price Schedule No. 6, when
awarded) to be incorporated in the Facilities, by the law of country where
the site is located, (b) local transportation & insurance, other local costs
incidental to delivery of plant & equipment including mandatory spares
specified in Price Schedule No. 3 (and also of locally supplied
Recommended Spare Parts quoted in Price Schedule No. 6, when
awarded) and (c) Installation Services including Erection, Civil & Allied
Works and other services specified in Price Schedule No. 4. However,
all other taxes, duties & levies as may be applicable on goods and
services specified in Price Schedules Nos. 2, 3 & 4 and on the materials
used for civil construction works and erection & commissioning shall be
to the contractor's account and no separate claim in this regard will be
entertained by the Employer.

Notwithstanding anything to contrary contained in the Contract, the

Contractor’s right to payment under the Contract is subject to issuance
of valid tax invoice, payment of applicable GST to the credit of
appropriate Government and submission of valid particulars of tax
invoice under GST returns in accordance with GST Law.

The Contractor shall issue tax invoices, file appropriate returns, and
deposit the applicable GST to the account of appropriate government
within the time limit prescribed under the GST Law. In the event of any
default, Contractor shall be liable to pay any penalty/demand raised on
the Employer due to default by Contractor, and the same shall be
recovered/Contractor shall make good the loss.

The Contractor shall be responsible for the issuance of e-way bill and
other compliances relating to e-way bill as per GST law.

The Employer will deduct GST at source at the applicable rates in case
transactions under the contract are liable to GST deduction at source as
per the prevailing provisions of GST Law.

14.3 If any tax exemptions, reductions, allowances or privileges are available

to the Contractor in the country where the Site is located, the Employer
shall use its best endeavours to enable the Contractor to benefit from
any such tax savings to the maximum allowable extent.

14.4 For the purpose of the Contract, it is agreed that the Contract Price
specified in Article 2 (Contract Price and Terms of Payment) of the
Contract Agreement is based on the taxes, duties, levies and charges
prevailing on seven (7) days prior to the deadline set for price bid
submission in the country where the Site is located (hereinafter called
“Tax” in this GCC Sub-Clause 14.4). 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, an 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
therefrom, as the case may be, in accordance with GCC Clause 36
(Change in Laws and Regulations) hereof. However, these adjustments
shall not be applicable on procurement of raw materials, intermediary

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components and intermediary services etc. by the Contractor.

14.5 If the Employer orders any spare at a later date as per GCC Cl 7.3, all
applicable additional taxes & duties, If any, not included in the original
price shall be to the account of Employer.

14.6 The Contractor will be required to submit PAN details to the Project
Manager before the submission of the first bill.

D. Intellectual Property
15. Copyright

15.1 The copyright in all drawings, documents and other materials containing
data and information furnished to the Employer by the Contractor herein
shall remain vested in the Contractor or, if they are furnished to the
Employer directly or through the Contractor by any third party, including
suppliers of materials, the copyright in such materials shall remain
vested in such third party. The Employer shall however be free to
reproduce all drawings, documents and other material furnished to the
Employer for the purpose of the contract including, if required, for
operation and maintenance of the facilities.

16. Confidential Information

16.1 The Employer 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. Notwithstanding the above, the Contractor
may furnish to its Subcontractor(s) such documents, data and other
information it receives from the Employer to the extent required for the
Subcontractor(s) to perform its work under the Contract, in which event
the Contractor shall obtain from such Subcontractor(s) an undertaking of
confidentiality similar to that imposed on the Contractor under this GCC
Clause 16.

16.2 The Employer shall not use such documents, data and other information
received from the Contractor for any purpose other than the operation
and maintenance of the Facilities. Similarly, the Contractor shall not use
such documents, data and other information received from the Employer
for any purpose other than the design, procurement of Plant and
Equipment, construction or such other work and services as are required
for the performance of the Contract.

16.3 The obligation of a party under GCC Sub-Clauses 16.1 and 16.2 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

(c) otherwise lawfully becomes available to that party from a third

party that has no obligation of confidentiality.

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(d) is required to be disclosed in accordance with a judicial or

governmental order or decree.

16.4 The above provisions of this GCC Clause 16 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 Facilities or any part
thereof.

16.5 The provisions of this GCC Clause 16 shall survive termination, for
whatever reason, of the Contract.

E. Work Execution

17. Representatives
17.1 Project Manager

If the Project Manager is not named in the Contract, then within fourteen
(14) days of the Effective Date, the Employer shall appoint and notify the
Contractor in writing of the name of the Project Manager. The Employer
may from time to time appoint some other person as the Project
Manager in place of the person previously so appointed, and shall give a
notice of the name of such other person to the Contractor without delay.
The Employer shall take reasonable care to see that no such
appointment is made at such a time or in such a manner as to impede
the progress of work on the Facilities. The Project Manager shall
represent and act for the Employer 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 Project
Manager, except as herein otherwise provided.
All notices, instructions, information and other communications given by
the Contractor to the Employer under the Contract shall be given to the
Project Manager, except as herein otherwise provided.

17.2 Contractor’s Representative & Construction Manager

17.2.1 The Contractor shall appoint the Contractor’s Representative within

fourteen (14) days of the Effective Date or before start of work whichever
is earlier and shall request the Employer in writing to approve the person
so appointed.

[Link] The Contractor's representative shall be a regular Employee/

Partner/ Director only and the Contractor shall be required to
submit a Power of Attorney in original in favour of its
representative. Notarized photocopy of the Power of Attorney
shall be acceptable only if the Power of Attorney has been
registered by the Contractor. The Employer may verify the
photocopy of the Power of Attorney with the Original and the
Contractor shall be required to produce the original Power of
Attorney for verification, if required by the Employer. The
relation of the Contractor's representative with the contractor
such as Partner/ Employee etc. should be clearly brought out
in the Power of Attorney. The Contractor would be required to
submit a documentary proof of the relation of the Contractor's
representative with the contractor in the form of self-attested
copy of any of the following documents:

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i. Previous financial year’s Form 16 as available at

TRACES site of Income tax department, if the
Contractor's representative is an employee of contractor
or his Appointment Letter/ Salary Slip/ other documentary
evidence (only in case of recent appointment or where
Form 16 details are not uploaded at TRACES). Further,
the Contractor shall submit the copy of Form 16 as
available through TRACES site for every subsequent year
also in respect of the Contractor's representative till the
period of authorization.

ii. Article of Association/ Registered Partnership Deed if the

Contractor's representative is a partner or stake holder in
Company.

In case, the Contractor is not able to submit any of the

documentary proofs as mentioned above at para (i) & (ii), he
would be required to submit an affidavit stating the relationship
between the Contractor's representative and the Contractor.

[Link] In case, the Contractor's representative is also doing some

other Contract(s)/ Work(s) as nominee of the same contractor,
the Contractor shall give a declaration citing list of all works
where the Contractor's representative is the nominee.

[Link] If the Employer objects to the appointment giving the reason

therefore, then the Contractor shall appoint a replacement
within fourteen (14) days of such objection, and the foregoing
provisions of this GCC Sub-Clause 17.2.1 shall apply thereto.

17.2.2 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 Project Manager 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 Employer or the Project Manager
to the Contractor under the Contract shall be given to the
Contractor’s Representative or, in its absence, its deputy,
except as herein otherwise provided.
The Contractor shall not revoke the appointment of the
Contractor’s Representative without the Employer’s prior written
consent, which shall not be unreasonably withheld. If the
Employer consents thereto, the Contractor shall appoint some
other person as the Contractor’s Representative, pursuant to
the procedure set out in GCC Sub-Clause 17.2.1.

17.2.3 The Contractor’s Representative may, subject to the approval

of the Employer (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 Employer and the Project Manager.

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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 17.2.3 shall be deemed to be an act or
exercise by the Contractor’s Representative.

[Link] Notwithstanding anything stated in GCC Sub-clause 17.1 and

17.2.1 above, for the purpose of execution of contract, the
Employer and the Contractor shall finalise and agree to a
Contract Co-ordination Procedure and all the communication
under the Contract shall be in accordance with such Contract
Co-ordination Procedure.

17.2.4 From the commencement of installation of the Facilities at the

Site until Operational Acceptance, the Contractor’s
Representative shall appoint a suitable person as the
construction manager (hereinafter referred to as “the
Construction Manager”). The Construction Manager shall
supervise all work done at the Site by the Contractor and shall
be present at the Site throughout normal working hours except
when on leave, sick or absent for reasons connected with the
proper performance of the Contract. Whenever the
Construction Manager is absent from the Site, a suitable person
shall be appointed to act as his or her deputy.

17.2.5 The Employer may by notice to the Contractor object to any

representative or person employed by the Contractor in the
execution of the Contract who, in the reasonable opinion of the
Employer, may behave inappropriately, may be incompetent or
negligent, or may commit a serious breach of the Site
regulations provided under GCC Sub-Clause 22.3. The
Employer shall provide evidence of the same, whereupon the
Contractor shall remove such person from the Facilities.

17.2.6 If any representative or person employed by the Contractor is

removed in accordance with GCC Sub-Clause 17.2.5, the
Contractor shall, where required, promptly appoint a
replacement.

17.2.7 In case any of the information/ declaration/ undertaking provided

by Contractor/Contractor's representative is found to be false
and/ or the Contractor/ Contractor's representative suppresses
any relevant information at any stage, the Contractor will be
liable for actions in terms of Employer's Debarment policy.
18. Work Program

18.1 Contractor’s Organization

The Contractor shall supply to the Employer and the Project Manager a
chart showing the proposed organization to be established by the
Contractor for carrying out work on the Facilities. The chart shall include
the identities of the key personnel together with the curricula vitae of
such key personnel to be employed within twenty-one (21) days of the
Effective Date. The Contractor shall promptly inform the Employer and
the Project Manager in writing of any revision or alteration of such an
organization chart.

18.2 Program of Performance

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Within twenty-eight (28) days after the date of notification of award of

Contract, the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract, made in the
form of PERT Network and showing the sequence in which it proposes
to design, manufacture, transport, assemble, install and pre-commission
the Facilities, as well as the date by which the Contractor reasonably
requires that the Employer shall have fulfilled its obligations under the
Contract so as to enable the Contractor to execute the Contract in
accordance with the program and to achieve Completion and
Acceptance of the Facilities in accordance with the Contract. The
program so submitted by the Contractor shall accord with the Time
Schedule included in Appendix 4 (Time Schedule) to the Contract
Agreement and any other dates and periods specified in the Contract.
The Contractor shall update and revise the program as and when
appropriate or when required by the Project Manager, but without
modification in the Times for Completion given in the SCC and any
extension granted in accordance with GCC Clause 40, and shall submit
all such revisions to the Project Manager.

18.3 Progress Report

The Contractor shall monitor progress of all the activities specified in the
program referred to in GCC Sub-Clause 18.2 (Program of Performance)
above, and supply a progress report to the Project Manager every
month.

The progress report shall be in a form acceptable to the Project Manager

and shall also indicate: (a) percentage completion achieved compared
with the planned percentage completion for each activity; and (b) where
any activity is behind the program, giving comments and likely
consequences and stating the corrective action being taken.

18.4 Progress of Performance

If at any time the Contractor’s actual progress falls behind the program
referred to in GCC Sub-Clause 18.2 (Program of Performance), or it
becomes apparent that it will so fall behind, the Contractor shall, at the
request of the Employer or the Project Manager, prepare and submit to
the Project Manager a revised program, taking into account the
prevailing circumstances, and shall notify the Project Manager of the
steps being taken to expedite progress so as to attain Completion of the
Facilities within the Time for Completion under GCC Sub-Clause 8.2
(Time for Commencement and Completion), any extension thereof
entitled under GCC Sub-Clause 40.1 (Extension of Time for
Completion), or any extended period as may otherwise be agreed upon
between the Employer and the Contractor.
18.5 Work Procedures

The Contract shall be executed in accordance with the Contract

Documents and the procedures given in the section on Forms and
Procedures of the Contract Documents.
If agreed between the Employer and the Contractor, the Contractor may
execute the Contract in accordance with its own standard project
execution plans and procedures to the extent that they do not conflict
with the provisions contained in the Contract.

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18.6 Maintenance of Records of Weekly Progress Review Meetings at

site

The Contractor shall be required to attend all weekly site progress

review meetings organized by the ‘Project Manager’ or his authorized
representative. The deliberations in the meetings shall inter alia include
the weekly program, progress of work (including details of manpower,
tools and plants deployed by the contractor vis-a-vis agreed schedule),
inputs to be provided by Employer, delays, if any, and recovery program,
specific hindrances to work and work instructions by Employer. Record
of Hindrances / events that lead to slow/ stoppage of smooth execution
of work shall be maintained in “Hindrance Register”. The minutes of the
weekly meetings shall be recorded in triplicate in a numbered register
available with the ‘Project Manager’, or his authorized representative.
These recordings shall be jointly signed by the Project Manager or his
authorized representative and the Contractor and one copy of the signed
records shall be handed over to the Contractor.

19. Subcontracting

19.1 Appendix 5 (List of Approved Subcontractors) to the Contract Agreement

specifies major items of supply or services and a list of approved
Subcontractors against each item, including vendors. Insofar as no
Subcontractors are listed against any such item, the Contractor shall
prepare a list of Subcontractors for such item for inclusion in such list.
The Contractor may from time to time propose any addition to or deletion
from any such list. The Contractor shall submit any such list or any
modification thereto to the Employer for its approval in sufficient time so
as not to impede the progress of work on the Facilities. Such approval
by the Employer for any of the Subcontractors shall not relieve the
Contractor from any of its obligations, duties or responsibilities under the
Contract.

19.2 The Contractor shall select and employ its Subcontractors for such
major items from those listed in the lists referred to in GCC Sub-Clause
19.1.

19.3 For items or parts of the Facilities not specified in Appendix 5 (List of
Approved Subcontractors) to the Contract Agreement, the Contractor
may employ such Subcontractors as it may select, at its discretion.

19.4 The Contractor shall not be allowed to sub-contract works to any

subcontractor/ sub-vendor from a country which shares a land border
with India unless such sub-contractor is registered with the competent
Authority.

The Competent Authority for the purpose of registration shall be as

mentioned in the relevant Annexure of SCC.

However, the said requirement of registration will not apply to

subcontractors from those countries (even if sharing a land border with
India) to which the Government of India has extended lines of credit or in
which the Government of India is engaged in development projects. The
Contractor may apprise itself of the updated lists of such countries
available in the website of the Ministry of External Affairs.

Procurement of raw material, components, etc. does not constitute

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subcontracting.

20. Design And Engineering

20.1 Specifications and Drawings

20.1.1 The Contractor shall execute the basic and detailed design and
the engineering work in compliance with the provisions of the
Contract, or where not so specified, in accordance with good
engineering practice.
The Contractor shall be responsible for any discrepancies,
errors or omissions in the specifications, drawings and other
technical documents that it has prepared, whether such
specifications, drawings and other documents have been
approved by the Project Manager or not, provided that such
discrepancies, errors or omissions are not because of
inaccurate information furnished in writing to the Contractor by
or on behalf of the Employer.

20.1.2 The Contractor shall be entitled to disclaim responsibility for

any design, data, drawing, specification or other document, or
any modification thereof provided or designated by or on behalf
of the Employer, by giving a notice of such disclaimer to the
Project Manager.

20.2 Codes and Standards

Wherever references are made in the Contract to codes and standards

in accordance with which the Contract shall be executed, the edition or
the revised version of such codes and standards current at the date
fifteen (15) days prior to deadline set for price bid submission shall apply
unless otherwise specified. During Contract execution, any changes in
such codes and standards shall be applied after approval by the
Employer and shall be treated in accordance with GCC Clause 39
(Changes Originating from Contractor).

20.3 Approval/Review of Technical Documents by Project Manager

20.3.1 The Contractor shall prepare (or cause its Subcontractors to

prepare) and furnish to the Project Manager the documents
listed in Appendix 7 (List of Documents for Approval or Review)
to the Contract Agreement for its approval or review as
specified and as in accordance with the requirements of GCC
Sub-Clause 18.2 (Program of Performance).

Any part of the Facilities covered by or related to the

documents to be approved by the Project Manager shall be
executed only after the Project Manager’s approval thereof.

GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those

documents requiring the Project Manager’s approval, but not to
those furnished to the Project Manager for its review only.

20.3.2 Within twenty one (21) days after receipt by the Project
Manager of any document requiring the Project Manager’s
approval in accordance with GCC Sub-Clause 20.3.1, the

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Project Manager shall either return one copy thereof to the

Contractor with its approval endorsed thereon or shall notify the
Contractor in writing of its disapproval thereof and the reasons
therefor and the modifications that the Project Manager
proposes.

20.3.3 The Project Manager shall not disapprove any document,

except on the grounds that the document does not comply with
some specified provision of the Contract or that it is contrary to
good engineering practice.

20.3.4 If the Project Manager disapproves the document, the

Contractor shall modify the document and resubmit it for the
Project Manager’s approval in accordance with GCC Sub-
Clause 20.3.2. If the Project Manager approves the document
subject to modification(s), the Contractor shall make the
required modification(s), and upon resubmission with the
required modifications the document shall be deemed to have
been approved.

The procedure for submission of the documents by the

Contractor and their approval by the Project Manager shall be
discussed and finalised with the Contractor.

20.3.5 If any dispute or difference occurs between the Employer and

the Contractor in connection with or arising out of the
disapproval by the Project Manager of any document and/or any
modification(s) thereto that cannot be settled between the
parties within a reasonable period, then such dispute or
difference may be referred to Expert Settlement Council (ESC)
for determination in accordance with GCC Sub-Clause 6.4.1
hereof. If such dispute or difference is referred to ESC, the
Project Manager shall give instructions as to whether and if so,
how, performance of the Contract is to proceed. The Contractor
shall proceed with the Contract in accordance with the Project
Manager’s instructions, provided that if the ESC upholds the
Contractor’s view on the dispute and if the Employer has not
given notice under GCC Sub-Clause 6.5.1 hereof, then the
Contractor shall be reimbursed by the Employer for any
additional costs incurred by reason of such instructions and
shall be relieved of such responsibility or liability in connection
with the dispute and the execution of the instructions as the
ESC shall decide, and the Time for Completion shall be
extended accordingly.

20.3.6 The Project Manager’s approval, with or without modification of

the document furnished by the Contractor, shall not relieve the
Contractor of any responsibility or liability imposed upon it by
any provisions of the Contract except to the extent that any
subsequent failure results from modifications required by the
Project Manager.

20.3.7 The Contractor shall not depart from any approved document
unless the Contractor has first submitted to the Project
Manager an amended document and obtained the Project
Manager’s approval thereof, pursuant to the provisions of this
GCC Sub-Clause 20.3.

If the Project Manager requests any change in any already

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approved document and/or in any document based thereon, the

provisions of GCC Clause 39 (Change in the Facilities) shall
apply to such request.

21. Procurement

21.1 Plant and Equipment

Subject to GCC Sub-Clause 14.2, the Contractor shall manufacture or

procure and transport all the Plant and Equipment in an expeditious and
orderly manner to the Site.

21.2 Employer-Supplied Plant, Equipment, and Materials

If Appendix 6 (Scope of Works and Supply by the Employer) to the

Contract Agreement provides that the Employer shall furnish any
specific items of machinery, equipment or materials to the Contractor,
the following provisions shall apply:

21.2.1 The Employer shall, at its own risk and expense, transport each
item to the place on or near the Site as agreed upon by the
parties and make such item available to the Contractor at the
time specified in the program furnished by the Contractor,
pursuant to GCC Sub-Clause 18.2 (Program of Performance),
unless otherwise mutually agreed.

21.2.2 Upon receipt of such item, the Contractor shall inspect the
same visually and notify the Project Manager of any detected
shortage, defect or default. The Employer shall immediately
remedy any shortage, defect or default, or the Contractor shall,
if practicable and possible, at the request of the Employer,
remedy such shortage, defect or default at the Employer’s cost
and expense. After inspection, such item shall fall under the
care, custody and control of the Contractor. The provision of
this GCC Sub-Clause 21.2.2 shall apply to any item supplied to
remedy any such shortage or default or to substitute for any
defective item, or shall apply to defective items that have been
repaired.

21.2.3 The foregoing responsibilities of the Contractor and its

obligations of care, custody and control shall not relieve the
Employer of liability for any undetected shortage, defect or
default, nor place the Contractor under any liability for any such
shortage, defect or default whether under GCC Clause 27
(Defect Liability) or under any other provision of Contract.

21.3 Transportation

21.3.1 The Contractor shall at its own risk and expense transport all
the Plant and Equipment and the Contractor’s Equipment to the
Site by the mode of transport that the Contractor judges most
suitable under all the circumstances.

Packing Material

The Contractor shall ensure that all the plant and equipment
are suitably packed and protected to prevent damage or
deterioration during its transportation to site, handling and

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storage at site till the time of its installation. The ownership of all
such packing material (except empty shipper's containers on
which the customs duty has been paid by the Contractor
pursuant to GCC Clause 14.2) shall stand transferred to the
Employer upon dispatch of the plant and equipment and
endorsement of dispatch documents in favour of the Employer.

21.3.2 Unless otherwise provided in the Contract, the Contractor shall

be entitled to select any safe mode of transport operated by any
person to carry the Plant and Equipment and the Contractor’s
Equipment.

In case, the Contractor decides to transport the Plant and

Equipment and the Contractor’s Equipment by road, then such
Plant and Equipment and the Contractor’s Equipment must
necessarily be transported through a registered common carrier
as per Carriage by Road Rules 2011 of Central Government of
India.

21.3.3 Upon despatch of each shipment of the Plant and Equipment

and the Contractor’s Equipment, the Contractor shall notify the
Employer of the description of the Plant and Equipment and of
the Contractor’s Equipment, the point and means of dispatch,
and the estimated time and point of arrival in the country where
the Site is located, if applicable, and at the Site. The Contractor
shall furnish the Employer with relevant shipping documents to
be agreed upon between the parties.

21.3.4 The Contractor shall be responsible for obtaining, if necessary,

approvals from the authorities for transportation of the Plant
and Equipment and the Contractor’s Equipment to the Site.
The Employer shall use its best endeavours in a timely and
expeditious manner to assist the Contractor in obtaining such
approvals, if requested by the Contractor. The Contractor shall
indemnify and hold harmless the Employer from and against
any claim for damage to roads, bridges or any other traffic
facilities that may be caused by the transport of the Plant and
Equipment and the Contractor’s Equipment to the Site.

22. Installation

22.1 Setting Out/Supervision/Labour

22.1.1 Bench Mark: The Contractor shall be responsible for the true
and proper setting-out of the Facilities in relation to bench
marks, reference marks and lines provided to it in writing by or
on behalf of the Employer.

If, at any time during the progress of installation of the Facilities,

any error shall appear in the position, level or alignment of the
Facilities, the Contractor shall forthwith notify the Project
Manager of such error and, at its own expense, immediately
rectify such error to the reasonable satisfaction of the Project
Manager. If such error is based on incorrect data provided in
writing by or on behalf of the Employer, the expense of
rectifying the same shall be borne by the Employer.

22.1.2 Contractor’s Supervision: The Contractor shall give or provide

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all necessary superintendence during the installation of the

Facilities, and the Construction Manager or its deputy shall be
constantly on the Site to provide full-time superintendence of
the installation. The Contractor shall provide and employ only
technical personnel who are skilled and experienced in their
respective callings and supervisory staff who are competent to
adequately supervise the work at hand.

22.1.3 Labour:

(a) The Contractor shall provide and employ on the Site in

the installation of the Facilities such skilled, semi-skilled
and unskilled labour as is necessary for the proper and
timely execution of the Contract. The Contractor shall
preferably engage skilled/ semiskilled/ unskilled workers
from amongst the land oustees of the Project.

(b) 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.

(c) 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 into the country where the Site is
located.

(d) The Contractor shall at its own expense provide the

means of repatriation to all of its and its Subcontractor’s
personnel employed on the Contract at the Site to their
various home countries. 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 Employer
may provide the same to such personnel and recover the
cost of doing so from the Contractor.

(e) The Contractor shall at all times during the progress of

the Contract use its best endeavour to prevent any
unlawful, riotous or disorderly conduct or behaviour by or
amongst its employees and the labour of its
Subcontractors.

(f) The Contractor shall, in all dealings with its labour and
the labour of its Subcontractors 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.

22.2 Contractor’s Equipment

22.2.1 All Contractors’ Equipment brought by the Contractor onto the

Site shall be deemed to be intended to be used exclusively for

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the execution of the Contract. The Contractor shall not remove

the same from the Site without the Project Manager’s consent
that such Contractor’s Equipment is no longer required for the
execution of the Contract.

22.2.2 Unless otherwise specified in the Contract, upon completion of

the Facilities, the Contractor shall remove from the Site all
Equipment brought by the Contractor onto the Site and any
surplus materials remaining thereon.

22.2.3 The Employer will, if requested, use its best endeavour to assist
the Contractor in obtaining any local, state or national
government permission required by the Contractor for the
export of the Contractor’s Equipment imported by the
Contractor for use in the execution of the Contract that is no
longer required for the execution of the Contract.

22.3 Site Regulations and Safety

22.3.1 The Employer 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 Employer, with a
copy to the Project Manager, proposed Site regulations for the
Employer’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 Facilities in line with
para 22.3.2, gate control, sanitation, medical care, and fire
prevention.

22.3.2 The Employer has formulated Safety Rules for Construction &
Erection of Power Plants is displayed at
[Link] and
or
[Link]

These Safety Rules lay down the safety requirements for safe
execution of project activities, responsibilities of the Contractor,
and all concerned involved in Construction and Erection. The
Contractor, including his sub-contractors, while executing the
Works, shall strictly comply with these Safety rules and
statutory requirements (including amendments thereof), as
applicable, in respect of safety of personnel, equipment and
materials at site area under execution of the Contractor.

In addition to above, b. Safety clauses relevant to solar

projects as per latest CEA guidelines (as mentioned in
Technical Specification) are applicable.

22.3.3 In addition to other clauses specified in ‘NTPC Safety Rules for

Construction and Erection of Power Plants’ [as enclosed with
GCC], Contractor shall adhere to the following provisions for
payment linked to Safety Compliances as specified in Payment
Terms:

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i) Safety Personnel

Contractor shall adhere to the requirements of Clause 2.3

(requirement of Safety personnel) of ‘NTPC Safety Rules
for Construction and Erection of Power Plants’.

ii) Personal Protective Equipment & Safety Equipment

Contractor shall adhere to the requirements of Clause 4

(Personal Protective Equipment) of ‘NTPC Safety Rules
for Construction and Erection of Power Plants’ and the
provisions of the Bidding Documents with regards to
number of Safety Equipment/PPEs to be provided by the
Contractor.

In case Contractor fails to comply with aforesaid

requirement, Project Manager /Safety Officer shall issue a
warning letter/Non-compliance Memo to the Contractor
regarding the same advising him to take corrective action.

Project Manager /NTPC Safety Officer shall maintain

written record of all such incidents when Warning
letter/Non-compliance Memo is issued to the Contractor
for not meeting the requirements of Clause 4.0 (Personal
Protective Equipment) and the provisions of the Bidding
Documents.

iii) Safety Induction and Training

Contractor shall adhere to the requirements of imparting

Safety training as per Clause 8.0 (Safety Induction and
Training) of ‘NTPC Safety Rules for Construction and
Erection of Power Plants.

Contractor shall maintain written record of Safety trainings

imparted to its Employees/ workmen for purpose of
aforesaid payment. These records shall be available for
review of Project Manager /NTPC Safety Officer all the
time.

iv) Medical and First Aid Amenities

Contractor shall adhere to the requirements of Clause 13

(Medical and First Aid Amenities) of ‘NTPC Safety Rules
for Construction and Erection of Power Plants.

NTPC Safety Officer/ Project Manager shall maintain

written record of incidences when requisite Medical and
first aid amenities as per Clause 13 of Safety Rules were
not available for purpose of aforesaid payment.

v) Compliance to Work Permit System

Contractor shall adhere to the requirements of Clause 17

(Work Permit System) of ‘NTPC Safety Rules for
Construction and Erection of Power Plants’.

In case Contractor fails to obtain work permit or fails to

comply to any requirements of aforesaid Work permit

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system, he will be issued a warning letter/Non-compliance

Memo by Project Manager /Safety Officer of NTPC
regarding the same advising him to take corrective action.

NTPC Safety Officer / Project Manager shall maintain

written record of all such incidents when Warning letter /
Non-compliance Memo is issued to Contractor for not
complying with the requirements of Work Permit System
as per Clause 17 of Safety Rules for purpose of aforesaid
payment.

22.4 Opportunities for Other Contractors

22.4.1 The Contractor shall, upon written request from the Employer or
the Project Manager, give all reasonable opportunities for
carrying out the work to any other contractors employed by the
Employer on or near the Site.

22.4.2 If the Contractor, upon written request from the Employer or the
Project Manager, makes available to other contractors any
roads or ways the maintenance for which the Contractor is
responsible, permits the use by such other contractors of the
Contractor’s Equipment, or provides any other service of
whatsoever nature for such other contractors, the Employer
shall fully compensate the Contractor for any loss or damage
caused or occasioned by such other contractors in respect of
any such use or service, and shall pay to the Contractor
reasonable remuneration for the use of such equipment or the
provision of such services.

22.4.3 The Contractor shall also so arrange to perform its work as to

minimize, to the extent possible, interference with the work of
other contractors. The Project Manager shall determine the
resolution of any difference or conflict that may arise between
the Contractor and other contractors and the workers of the
Employer in regard to their work.

22.4.4 The Contractor shall notify the Project Manager promptly of any
defects in the other Contractors’ work that come to its notice,
and that could affect the Contractor’s work. The Project
Manager shall determine the corrective measures, if any,
required to rectify the situation after inspection of the Facilities.
Decisions made by the Project Manager shall be binding on the
Contractor.

22.5 Emergency Work

If, by reason of an emergency arising in connection with and during the

execution of the Contract, any protective or remedial work is necessary
as a matter of urgency to prevent damage to the Facilities, the
Contractor shall immediately carry out such work.

If the Contractor is unable or unwilling to do such work immediately, the

Employer may do or cause such work to be done as the Employer may
determine is necessary in order to prevent damage to the Facilities. In
such event the Employer shall, as soon as practicable after the
occurrence of any such emergency, notify the Contractor in writing of
such emergency, the work done and the reasons therefor. If the work

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done or caused to be done by the Employer is work that the Contractor

was liable to do at its own expense under the Contract, the reasonable
costs incurred by the Employer in connection therewith shall be paid
by the Contractor to the Employer. Otherwise, the cost of such remedial
work shall be borne by the Employer.

22.6 Site Clearance

22.6.1 Site Clearance in Course of Performance: In the course of

carrying out the Contract, the Contractor shall keep the Site
reasonably free from all unnecessary obstruction, store or
remove any surplus materials, clear away any wreckage,
rubbish or temporary works from the Site, and remove any
Contractor’s Equipment no longer required for execution of the
Contract.
22.6.2 Clearance of Site after Completion: After Completion of all
parts of the Facilities, the Contractor shall clear away and
remove all wreckage, rubbish and debris of any kind from the
Site, and shall leave the Site and Facilities clean and safe.

22.6.3 Disposal of Scrap

The Contractor shall with the agreement of the Employer

promptly remove from the site any 'Scrap' generated during
performance of any activities at site in pursuance of the
Contract. The term 'Scrap' shall refer to scrap/ waste/ remnants
arising out of the fabrication of structural steel work and piping
work at the project site in the course of execution of the
contract and shall also include any wastage of cables during
the termination process while installing the cables.

The ownership of such Scrap shall vest with the Contractor

except in cases where the items have been issued by the
Employer from its stores for their installation only without any
adjustment to the Contract Price. The removal of scrap shall be
subject to the Contractor producing the necessary clearance
from the relevant authorities (Custom, GST etc.), if required by
the law, in respect of disposal of the scrap. The liability for the
payment of the applicable taxes/duties shall be that of the
Contractor.

The Contractor shall also indemnify to keep the Employer

harmless from any act of omission or negligence on the part of
the Contractor in following the statutory requirements with
regard to removal/disposal of scrap. The Indemnity-cum-
Undertaking Agreement shall be furnished by Contractor as per
proforma enclosed in Section-VII (Forms and Procedure).
Further, in case the laws require the Employer to take prior
permission of the relevant Authorities before handing over the
scrap to the Contractor, the same shall be obtained by the
Contractor on behalf of the Employer.

22.7 Watching and Lighting

The Contractor shall provide and maintain at its own expense all lighting,
fencing, and watching when and where necessary for the proper
execution and the protection of the Facilities, or for the safety of the
owners and occupiers of adjacent property and for the safety of the

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public.
22.8 Shift Work

22.8.1 To achieve the required rate of progress in order to complete the

Facilities within the Time for Completion, the Contractor may carry on
the work, round the clock, in multiple shifts per day, as may be
necessary. The Contractor shall however be responsible to comply with
all applicable laws in this regard.

22.8.2 No additional payment will be made on account of round the clock

working in multiple shifts.

22.8.3 Wherever the work is carried out at night adequate lighting of working
areas and access routes for pedestrians or vehicles shall be provided by
the Contractor at his cost. Sufficient notice should be given by the
Contractor to the Employer regarding the details of works in shifts so
that necessary supervision could be provided.

23. Test And Inspection

23.1 The Contractor shall at its own expense carry out at the place of
manufacture and/or on the Site all such tests and/or inspections of the
Plant and Equipment and any part of the Facilities as are specified in the
Contract.

23.2 The Employer and the Project Manager or their designated

representatives shall be entitled to attend the aforesaid test and/or
inspection, provided that the Employer shall bear all costs and expenses
incurred in connection with such attendance including, but not limited to,
all travelling and board and lodging expenses.

23.3 Whenever the Contractor is ready to carry out any such test and/or
inspection, the Contractor shall give a reasonable advance notice of
such test and/or inspection and of the place and time thereof to the
Project Manager. The Contractor shall obtain from any relevant third
party or manufacturer any necessary permission or consent to enable
the Employer and the Project Manager (or their designated
representatives) to attend the test and/or inspection.

23.4 The Contractor shall provide the Project Manager with a certified report
of the results of any such test and/or inspection.

If the Employer or Project Manager (or their designated representatives)

fails to attend the test and/or inspection, or if it is agreed between the
parties that such persons shall not do so, then the Contractor may
proceed with the test and/or inspection in the absence of such persons,
and may provide the Project Manager with a certified report of the
results thereof.

23.5 The Project Manager may require the Contractor to carry out any test
and/or inspection not required by the Contract, where the purpose of
these tests/ inspection is to verify compliance with the Technical
Specifications and are feasible without creating a risk of damage to the
Works, provided that the Contractor’s reasonable costs and expenses
incurred in the carrying out of such test and/or inspection shall be added
to the Contract Price. Further, if such test and/or inspection impedes the
progress of work on the Facilities and/or the Contractor’s performance of

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its other obligations under the Contract, due allowance will be made in
respect of the Time for Completion and the other obligations so affected.

23.6 If any Plant and Equipment or any part of the Facilities fails to pass any
test and/or inspection, the Contractor shall either rectify or replace such
Plant and Equipment or part of the Facilities and shall repeat the test
and/or inspection upon giving a notice under GCC Sub-Clause 23.3.

23.7 If any dispute or difference of opinion shall arise between the parties in
connection with or arising out of the test and/or inspection of the Plant
and Equipment or part of the Facilities that cannot be settled between
the parties within a reasonable period of time, it may be referred to the
Expert Settlement Council (ESC) for determination in accordance with
GCC Sub-Clause 6.4.1.

23.8 The Contractor shall afford the Employer and the Project Manager, at
the Employer’s expense, access at any reasonable time to any place
where the Plant and Equipment are being manufactured or the Facilities
are being installed, in order to inspect the progress and the manner of
manufacture or installation, provided that the Project Manager shall give
the Contractor a reasonable prior notice.

23.9 The Contractor agrees that neither the execution of a test and/or
inspection of Plant and Equipment or any part of the Facilities, nor the
attendance by the Employer or the Project Manager, nor the issue of any
test certificate pursuant to GCC Sub-Clause 23.4, shall release the
Contractor from any other responsibilities under the Contract.

23.10 No part of the Facilities or foundations shall be covered up on the Site

without the Contractor carrying out any test and/or inspection required
under the Contract. The Contractor shall give a reasonable notice to the
Project Manager whenever any such part of the Facilities or foundations
are ready or about to be ready for test and/or inspection; such test
and/or inspection and notice thereof shall be subject to the requirements
of the Contract.

23.11 The Contractor shall uncover any part of the Facilities or foundations, or
shall make openings in or through the same as the Project Manager may
from time to time require at the Site, and shall reinstate and make good
such part or parts.

If any part of the Facilities or foundations have been covered up at the

Site after compliance with the requirement of GCC Sub-Clause 23.10
and are found to be executed in accordance with the Contract, the
expenses of uncovering, making openings in or through, reinstating, and
making good the same shall be borne by the Employer, and the Time for
Completion shall be reasonably adjusted to the extent that the
Contractor has thereby been delayed or impeded in the performance of
any of its obligations under the Contract.

24. Completion of the Facilities

24.1 As soon as installation of the Facilities or any part thereof has, in the
opinion of the Contractor, been completed as specified in the Technical
Specifications, excluding minor items not materially affecting the
operation or safety of the Facilities, the Contractor shall so notify the
Employer in writing.

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24.2 Within seven (7) days after receipt of the notice from the Contractor
under GCC Sub-Clause 24.1, the Employer shall supply the operating
and maintenance personnel and the raw materials, utilities, lubricants,
chemicals, catalysts, facilities, services as specified in Appendix 6
(Scope of Works and Supply by the Employer) to the Contract
Agreement, required for Pre-commissioning of the Facilities or any part
thereof.

24.3 As soon as reasonably practicable after the operating and maintenance

personnel have been supplied by the Employer and the raw materials,
utilities, lubricants, chemicals, catalysts, facilities, services and other
matters, if so specified in Appendix 6 (Scope of Works and Supply by
the Employer)/ Technical Specifications, have been provided by the
Employer in accordance with GCC Sub-Clause 24.2, the Contractor
shall commence Pre-commissioning of the Facilities or the relevant part
thereof in preparation for Commissioning.

24.4 As soon as all works in respect of Pre-commissioning are completed

and, in the opinion of the Contractor, the Facilities or any part thereof is
ready for Commissioning, the Contractor shall commence
Commissioning as per procedures stipulated in Technical Specifications,
and as soon as Commissioning is satisfactorily completed, the
Contractor shall so notify the Project Manager in writing.

24.5 The Project Manager shall, within fourteen (14) days after receipt of the
Contractor’s notice under GCC Sub-Clause 24.4, either issue a
Completion Certificate in the form specified in the Forms and
Procedures section in the bidding documents, stating that the Facilities
or that part thereof have reached Completion as at the date of the
Contractor’s notice under GCC Sub-Clause 24.4, or notify the Contractor
in writing of any defects and/or deficiencies.

If the Project Manager notifies the Contractor of any defects and/or

deficiencies, the Contractor shall then correct such defects and/or
deficiencies, and shall repeat the procedure described in GCC Sub-
Clause 24.4.

If the Project Manager is satisfied that the Facilities or that part thereof
have reached Completion, the Project Manager shall, within seven (7)
days after receipt of the Contractor’s repeated notice, issue a
Completion Certificate stating that the Facilities or that part thereof have
reached Completion as at the date of the Contractor’s repeated notice.

If the Project Manager is not so satisfied, then it shall notify the

Contractor in writing of any defects and/or deficiencies within seven (7)
days after receipt of the Contractor’s repeated notice, and the above
procedure shall be repeated.

24.6 If the Project Manager fails to issue the Completion Certificate and fails
to inform the Contractor of any defects and/or deficiencies within
fourteen (14) days after receipt of the Contractor’s notice under GCC
Sub-Clause 24.4 or within seven (7) days after receipt of the
Contractor’s repeated notice under GCC Sub-Clause 24.5, or if the
Employer makes use of the Facilities or part thereof, then the Facilities
or that part thereof shall be deemed to have reached Completion as of
the date of the Contractor’s notice or repeated notice, or as of the
Employer’s use of the Facilities, as the case may be.

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24.7 As soon as possible after Completion, the Contractor shall complete all
outstanding minor items so that the Facilities are fully in accordance with
the requirements of the Contract, failing which the Employer will
undertake such completion and deduct the costs thereof from any
monies owing to the Contractor.

24.8 Upon Completion, the Employer shall be responsible for the care and
custody of the Facilities or the relevant part thereof, together with the
risk of loss or damage thereto, and shall thereafter take over the
Facilities or the relevant part thereof.

25. Commissioning, Guarantee Tests and Operational Acceptance

25.1 Commissioning

25.1.1 Commissioning of the Facilities or any part thereof shall be

completed by the Contractor as per procedures detailed in the
Technical Specifications.

The Employer shall, unless otherwise specified in Appendix 6

(Scope of Works and Supply by the Employer)/ Technical
Specifications, supply the operating and maintenance
personnel and all raw materials, utilities, lubricants, chemicals,
catalysts, facilities, services and other matters required for
Commissioning of the Facilities.

25.2 Guarantee Test

25.2.1 The Guarantee Test (and repeats thereof) shall be conducted

by the Contractor as specified in the Technical Specifications
or the relevant part thereof to ascertain whether the Facilities or
the relevant part can attain the Functional Guarantees specified
in the Contract Documents. The Contractor’s and Project
Manager’s advisory personnel shall attend the Guarantee Test.
The Employer shall promptly provide the Contractor with such
information as the Contractor may reasonably require in relation
to the conduct and results of the Guarantee Test (and any
repeats thereof).

25.2.2 If for reasons attributable to the Employer, the Guarantee Test

of the Facilities or the relevant part thereof cannot be
successfully completed within the timelines specified in the
Technical Specifications, payment of Contractor shall be
released as specified in Appendix-I (Payment terms).

25.2.3 If for reasons attributable to the Employer, the Guarantee Test

of the Facilities or the relevant part thereof cannot be
successfully completed within the period of twelve months from
the timelines specified in the Technical Specifications, balance
payment towards Guarantee Test, shall be released to the
Contractor against Bank Guarantee as per Appendix-I
(Payment terms). Such Bank Guarantee shall have initial
validity of one (1) year. The Bank Guarantee shall be extended
for any subsequent period, if required, such that the same
remains valid till the Successful Completion of Guarantee Test.

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25.3 Operational Acceptance

25.3.1 Subject to GCC Sub-Clause 25.4 (Partial Acceptance) below,

Operational Acceptance shall occur in respect of the Facilities
or any part thereof when any minor items mentioned in GCC
Sub-Clause 24.7 hereof relevant to the Facilities or that part
thereof have been completed and

(a) the Guarantee Test has been successfully completed and

the Functional Guarantees are met; or

(b) the Contractor has paid the liquidated damages specified in

GCC Sub-Clause 28.3 hereof; and

25.3.2 At any time after any of the events set out in GCC Sub-Clause
25.3.1 have occurred, the Contractor may give a notice to the
Project Manager requesting the issue of an Operational
Acceptance Certificate in the form provided in the Bidding
Documents or in another form acceptable to the Employer in
respect of the Facilities or the part thereof specified in such
notice as at the date of such notice.

25.3.3 The Project Manager shall, after consultation with the

Employer, and within forty five (45) days after receipt of the
Contractor’s notice, issue an Operational Acceptance
Certificate.

25.3.4 If within forty five (45) days after receipt of the Contractor’s
notice, the Project Manager fails to issue the Operational
Acceptance Certificate or fails to inform the Contractor in writing
of the justifiable reasons why the Project Manager has not
issued the Operational Acceptance Certificate, the Facilities or
the relevant part thereof shall be deemed to have been
accepted as at the date of the Contractor’s said notice.

25.4 Partial Acceptance

25.4.1 If the Contract specifies that Completion and Commissioning

shall be carried out in respect of parts of the Facilities, the
provisions relating to Completion and Commissioning including
the Guarantee Test shall apply to each such part of the
Facilities individually, and the Operational Acceptance
Certificate shall be issued accordingly for each such part of the
Facilities.

25.4.2 If a part of the Facilities comprises facilities such as buildings,

for which no Commissioning or Guarantee Test is required,
then the Project Manager shall issue the Operational
Acceptance Certificate for such facility when it attains
Completion, provided that the Contractor shall thereafter
complete any outstanding minor items that are listed in the
Operational Acceptance Certificate.

F. Guarantees and Liabilities

26. Completion Time Guarantee

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26.1 The Contractor guarantees that it shall attain Completion of the Facilities
(or a part for which a separate time for completion is specified in the
SCC) within the Time for Completion specified in the SCC pursuant to
GCC Sub-Clause 8.2, or within such extended time to which the
Contractor shall be entitled under GCC Clause 40 (Extension of Time for
Completion) hereof.

26.2 If the Contractor fails to attain Completion of the Facilities or any part
thereof within the Time for Completion or any extension thereof under
GCC Clause 40 (Extension of Time for Completion), the Contractor shall
pay to the Employer liquidated damages in the amount computed at the
rates specified in the SCC. The aggregate amount of such liquidated
damages shall in no event exceed the amount specified as “Maximum”
in the SCC. Once the “Maximum” is reached, the Employer may
consider termination of the Contract, pursuant to GCC Sub-Clause
42.2.2.
Such payment shall completely satisfy the Contractor’s obligation to
attain Completion of the Facilities or the relevant part thereof within the
Time for Completion or any extension thereof under GCC Clause 40
(Extension of Time for Completion). The Contractor shall have no
further liability whatsoever to the Employer in respect thereof.
However, the payment of liquidated damages shall not in any way
relieve the Contractor from any of its obligations to complete the
Facilities or from any other obligations and liabilities of the Contractor
under the Contract.
Save for liquidated damages payable under this GCC Sub-Clause 26.2,
the failure by the Contractor to attain any milestone or other act, matter
or thing by any date specified in Appendix 4 (Time Schedule) to the
Contract Agreement and/or other program of work prepared pursuant to
GCC Clause 18 (Program of Performance) shall not render the
Contractor liable for any loss or damage thereby suffered by the
Employer.

26.3 No bonus shall be given for earlier completion of the facilities or part
thereof.

27. Defect Liability

27.1 The Contractor warrants that the Facilities or any part thereof shall be
free from defects in the design, engineering, materials and workmanship
of the Plant and Equipment supplied and of the work executed.

27.2 The Defect Liability Period shall be eighteen (18) months from the date
of Completion of the Facilities (or any part thereof) or twelve (12) months
from the date of Operational Acceptance of the Facilities (or any part
thereof), whichever first occurs, unless specified otherwise in the SCC.

If during the Defect Liability Period any defect should be found in the
design, engineering, materials and workmanship of the Plant and
Equipment supplied or of the work executed by the Contractor, the
Contractor shall promptly, in consultation and agreement with the
Employer regarding appropriate remedying of the defects, and at its
cost, repair, replace or otherwise make good (as the Contractor shall, at
its discretion, determine) such defect as well as any damage to the
Facilities caused by such defect. The Contractor shall not be
responsible for the repair, replacement or making good of any defect or
of any damage to the Facilities arising out of or resulting from any of the

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following causes:

(a) improper operation or maintenance of the Facilities by the

Employer

(b) operation of the Facilities outside specifications provided in the

Contract

(c) normal wear and tear.

27.3 The Contractor’s obligations under this GCC Clause 27 shall not apply to

(a) any materials that are supplied by the Employer under GCC Sub-
Clause 21.2 (Employer-Supplied Plant, Equipment and
Materials), are normally consumed in operation, or have a
normal life shorter than the Defect Liability Period stated herein

(b) any designs, specifications or other data designed, supplied or

specified by or on behalf of the Employer or any matters for
which the Contractor has disclaimed responsibility herein

(c) any other materials supplied or any other work executed by or on

behalf of the Employer, except for the work executed by the
Employer under GCC Sub-Clause 27.7.

27.4 The Employer shall give the Contractor a notice stating the nature of any
such defect together with all available evidence thereof, promptly
following the discovery thereof. The Employer shall afford all reasonable
opportunity for the Contractor to inspect any such defect.

27.5 The Employer shall afford the Contractor all necessary access to the
Facilities and the Site to enable the Contractor to perform its obligations
under this GCC Clause 27.

The Contractor may, with the consent of the Employer, remove from the
Site any Plant and Equipment or any part of the Facilities that are
defective if the nature of the defect, and/or any damage to the Facilities
caused by the defect, is such that repairs cannot be expeditiously
carried out at the Site.

27.6 If the repair, replacement or making good is of such a character that it

may affect the efficiency of the Facilities or any part thereof, the
Employer may give to the Contractor a notice requiring that tests of the
defective part of the Facilities shall be made by the Contractor
immediately upon completion of such remedial work, whereupon the
Contractor shall carry out such tests.

If such part fails the tests, the Contractor shall carry out further repair,
replacement or making good (as the case may be) until that part of the
Facilities passes such tests. The tests in character shall in any case be
not less than what has already been agreed by the Employer and the
Contractor for the original equipment/part of the Facilities.

27.7 If the Contractor fails to commence the work necessary to remedy such
defect or any damage to the Facilities caused by such defect within a
reasonable time (which shall in no event be considered to be less than
fifteen (15) days), the Employer may, following notice to the Contractor,
proceed to do such work, and the reasonable costs incurred by the

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Employer in connection therewith shall be paid to the Employer by the

Contractor or may be deducted by the Employer from any monies due to
the Contractor or claimed under the Performance Security.

27.8 If the Facilities or any part thereof cannot be used by reason of such
defect and/or making good of such defect, the Defect Liability Period of
the Facilities or such part, as the case may be, shall be extended by a
period equal to the period during which the Facilities or such part cannot
be used by the Employer because of any of the aforesaid reasons. Upon
correction of the defects in the Facilities or any part thereof by
repair/replacement, such repair/replacement shall have the Defect
Liability Period extended by a period as specified in the Technical
specification from the time such replacement/repair of the Facilities or
any part thereof.

27.8.1 At the end of the Defect Liability Period, the contractor liability
ceases except for latent defects. The contractor's liability for
latent defects warranty shall be limited to a period of five (5)
years from the end of Defect Liability Period. For the purpose
of this clause, the latent defects shall be the defects inherently
lying within the material or arising out of design deficiency
which do not manifest themselves during the Defect Liability
Period in this GCC clause 27, but later.

In case, there is any dispute between Employer and Contractor

regarding latent defects, a third party as mutually agreed upon
by the Employer and the Contractor shall be engaged by the
Employer for settling the dispute.

The third party, so engaged by the Employer, shall be paid fee

plus reasonable expenditures incurred in the execution of its
duties as mentioned above. These costs shall be initially paid
by the Employer. In case of latent defect being proved, such
costs shall be recoverable from the Contractor and the
Contractor shall bear and reimburse such costs to the
Employer.

If the dispute regarding latent defects cannot be settled as

above, then the dispute shall be settled as per provision of
GCC clause 6 (Settlement of Disputes).

27.9 Except as provided in GCC Clauses 27 and 33 (Loss of or Damage to

Property / Accident or Injury to Workers/Indemnification), the
Contractor shall be under no liability whatsoever and howsoever arising,
and whether under the Contract or at law, in respect of defects in the
Facilities or any part thereof, the Plant and Equipment, design or
engineering or work executed that appear after Completion of the
Facilities or any part thereof, except where such defects are the result of
the gross negligence, fraud, criminal or wilful action of the Contractor.

27.10 In addition, the Contractor shall also provide an extended warranty for
any such component of the Facilities and during the period of time as
may be specified in the SCC. Such obligation shall be in addition to the
defect liability specified under GCC Sub-Clause 27.2.

28. Functional Guarantees

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28.1 The Contractor guarantees that during the Guarantee Test, the Facilities
and all parts thereof shall attain the Functional Guarantees specified in
Appendix 8 (Functional Guarantees) to the Contract Agreement, subject
to and upon the conditions therein specified.

28.2 If, for reasons attributable to the Contractor, the guaranteed level of the
Functional Guarantees specified in Appendix 8 (Functional Guarantees)
to the Contract Agreement are not met either in whole or in part, the
Contractor shall, within a mutually agreed time, at its cost and expense
make such changes, modifications and/or additions to the Plant or any
part thereof as may be necessary to meet such Guarantees. The
Contractor shall notify the Employer upon completion of the necessary
changes, modifications and/or additions, and shall seek the Employer's
consent to repeat the Guarantee Test. If the specified Functional
Guarantees are not established even during the repeat of the Guarantee
Test, the Employer may at its option, either
(a) Reject the Equipment and recover the payments already made,
or
(b) Terminate the Contract pursuant to GCC Sub-Clause 42.2.2 and
recover the payments already made, or
(c) Accept the equipment after levy of liquidated damages in
accordance with the provisions specified in Appendix-
8(Functional Guarantees) to the Contract Agreement.

28.3 In case the Employer exercises its option to accept the equipment after
levy of liquidated damages, the payment of liquidated damages under
GCC Sub-Clause 28.2, up to the limitation of liability specified in the
Technical Specifications/Appendix-8 (Functional Guarantees) to the
Contract Agreement, shall completely satisfy the Contractor’s
guarantees under GCC Sub-Clause 28.2, and the Contractor shall have
no further liability whatsoever to the Employer in respect thereof. Upon
the payment of such liquidated damages by the Contractor, the Project
Manager shall issue the Operational Acceptance Certificate for the
Facilities or any part thereof in respect of which the liquidated damages
have been so paid.

29. Patent Indemnity

29.1 The Contractor shall, subject to the Employer’s compliance with GCC
Sub-Clause 29.2, indemnify and hold harmless the Employer 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, which the Employer may suffer as a result of any infringement
or alleged infringement of any patent, utility model, registered design,
trademark, copyright or other intellectual property right registered or
otherwise existing at the date of the Contract by reason of: (a) the
installation of the Facilities by the Contractor or the use of the Facilities
in the country where the Site is located; and (b) the sale of the products
produced by the Facilities in any country.

Such indemnity shall not cover any use of the Facilities or any part
thereof other than for the purpose indicated by or to be reasonably
inferred from the Contract, any infringement resulting from the use of the
Facilities or any part thereof, or any products produced thereby in
association or combination with any other equipment, plant or materials

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not supplied by the Contractor, pursuant to the Contract Agreement.

29.2 If any proceedings are brought or any claim is made against the
Employer arising out of the matters referred to in GCC Sub-Clause 29.1,
the Employer shall promptly give the Contractor a notice thereof, and the
Contractor may at its own expense and in the Employer’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 Employer within twenty-eight (28) days
after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify the
Employer within the twenty-eight (28) day period, the Employer shall
make no admission that may be prejudicial to the defence of any such
proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available

assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.

29.3 The Employer shall indemnify and hold harmless the Contractor and its
employees, officers and Subcontractors 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, which the Contractor may suffer as a
result of any infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright or other intellectual
property right registered or otherwise existing at the date of the Contract
arising out of or in connection with any design, data, drawing,
specification, or other documents or materials provided or designed by
or on behalf of the Employer.

30. Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

(a) neither Party shall be liable to the other Party, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage,
loss of use, loss of production, or loss of profits or interest costs,
which may be suffered by the other Party in connection with the
Contract, provided that this exclusion shall not apply to any
obligation of the Contractor to pay liquidated damages to the
Employer and

(b) the aggregate liability of the Contractor to the Employer, whether

under the Contract, in tort or otherwise, shall not exceed the total
Contract Price, provided that this limitation shall not apply to any
obligation of the Contractor to indemnify the Employer with respect
to patent infringement.

(c) the aggregate liability of the Employer to the Contractor except for
GCC sub-clause 29.3, whether under the Contract, in tort or

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otherwise, at any point of time during the execution/performance of

the Contract, shall not exceed the ‘total Contract Price less
payments already released to the Contractor’.

G. Risk Distribution

31. Transfer of Ownership

31.1 Ownership of the Plant and Equipment

Ownership of the Plant and Equipment (including spare parts) procured

in the country where the Site is located shall be transferred to the
Employer when the Plant and Equipment are loaded on to the mode of
transport to be used to convey the Plant and Equipment from the works
to the site and upon endorsement of the despatch documents in favour
of the Employer.

31.2 Ownership of the Contractor’s Equipment used by the Contractor and its
Subcontractors in connection with the Contract shall remain with the
Contractor or its Subcontractors.

31.3 Disposal of Surplus Material

"Ownership of any Plant and Equipment in excess of the requirements

for the Facilities (i.e. surplus material) shall revert to the Contractor upon
Completion of the Facilities and Guarantee Test or at such earlier time
when the Employer and the Contractor agree that the Plant and
Equipment in question are no longer required for the Facilities, provided
quantity of any Plant and Equipment specifically stipulated in the
Contract shall be the property of the Employer whether or not
incorporated in the Facilities. The Contractor shall remove from the site
such surplus material brought by him in pursuance of the Contract,
subject to the Contractor producing the necessary clearance from the
relevant authorities (Customs, GST etc.), if required by law, in respect of
re-export or disposal of the surplus material locally. The liability for the
payment of the applicable taxes/duties, if any, on the surplus material so
re-exported and/or disposed locally shall be that of the Contractor.

The Contractor shall also indemnify to keep the Employer harmless from
any act of omission or negligence on the part of the Contractor in
following the statutory requirements with regard to removal/disposal of
surplus material. The Indemnity-cum-Undertaking Agreement shall be
furnished by contractor as per proforma enclosed in Section-VII (Part 3
of 3 - Forms and Procedures). Further, in case the laws require the
Employer to take prior permission of the relevant Authorities before
handing over the surplus material to the Contractor, the same shall be
obtained by the Contractor on behalf of the Employer.

31.4 Notwithstanding the transfer of ownership of the Plant and Equipment,

the responsibility for care and custody thereof together with the risk of
loss or damage thereto shall remain with the Contractor pursuant to
GCC Clause 32 (Care of Facilities) hereof until Completion of the
Facilities or the part thereof in which such Plant and Equipment are
incorporated.

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31.5 In case of two/three contracts entered into between the Employer and
the Contractor as per GCC Sub-Clause 3.6 or where the Employer
hands over his equipment to the Contractor for executing the Contract,
then the Contractor shall at the time of taking delivery of the Equipment
through Bill of Lading or other despatch documents furnish Trust Receipt
for Plant, Equipment and Materials and also execute an Indemnity-cum-
Undertaking Agreement in favour of the Employer in the form acceptable
to Employer for keeping the equipment in safe custody and to utilise the
same exclusively for the purpose of the said Contract. Proforma for the
Trust Receipt and Indemnity-cum-Undertaking Agreement is enclosed
under Section-VII (Forms and Procedures). The Employer shall also
issue a separate Authorisation Letter to the Contractor to enable him to
take physical delivery of plant, equipment and materials from the
Employer as per proforma enclosed under Section-VII (Forms and
Procedures).

32. Care of Facilities

32.1 The Contractor shall be responsible for the care and custody of the
Facilities or any part thereof until the date of Completion of the Facilities
pursuant to GCC Clause 24 (Completion of the Facilities) or, where the
Contract provides for Completion of the Facilities in parts, until the date
of Completion of the relevant part, and shall make good at its own cost
any loss or damage that may occur to the Facilities or the relevant part
thereof from any cause whatsoever during such period. The Contractor
shall also be responsible for any loss or damage to the Facilities caused
by the Contractor or its Subcontractors in the course of any work carried
out, pursuant to GCC Clause 27 (Defect Liability). Notwithstanding the
foregoing, the Contractor shall not be liable for any loss or damage to
the Facilities or that part thereof caused by reason of any of the matters
specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-
Clauses 32.2 and 38.1.

32.2 If any loss or damage occurs to the Facilities or any part thereof or to the
Contractor’s temporary facilities by reason of

(a) (insofar as they relate to the country where the Site is located)
nuclear reaction, nuclear radiation, radioactive contamination,
pressure wave caused by aircraft or other aerial objects, or any
other occurrences that an experienced contractor could not
reasonably foresee, or if reasonably foreseeable could not
reasonably make provision for or insure against, insofar as such
risks are not normally insurable on the insurance market and are
mentioned in the general exclusions of the policy of insurance,
including War Risks and Political Risks, taken out under GCC
Clause 34 (Insurance) hereof

(b) any use or occupation by the Employer or any third party (other
than a Subcontractor) authorized by the Employer of any part of
the Facilities

(c) any use of or reliance upon any design, data or specification

provided or designated by or on behalf of the Employer, or any
such matter for which the Contractor has disclaimed responsibility
herein,

the Employer shall pay to the Contractor all sums payable in respect of
the Facilities executed, notwithstanding that the same be lost, destroyed

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or damaged, and will pay to the Contractor the replacement value of all
temporary facilities and all parts thereof lost, destroyed or damaged. If
the Employer requests the Contractor in writing to make good any loss
or damage to the Facilities thereby occasioned, the Contractor shall
make good the same at the cost of the Employer in accordance with
GCC Clause 39 (Change in the Facilities). If the Employer does not
request the Contractor in writing to make good any loss or damage to
the Facilities thereby occasioned, the Employer shall either request a
change in accordance with GCC Clause 39 (Change in the Facilities),
excluding the performance of that part of the Facilities thereby lost,
destroyed or damaged, or, where the loss or damage affects a
substantial part of the Facilities, the Employer shall terminate the
Contract pursuant to GCC Sub-Clause 42.1 (Termination for Employer’s
Convenience) hereof, except that the Contractor shall have no
entitlement to profit under paragraph (e) of GCC Sub-Clause 42.1.3 in
respect of any unexecuted Facilities as at the date of termination.

32.3 The Contractor shall be liable for any loss of or damage to any
Contractor’s Equipment, or any other property of the Contractor used or
intended to be used for purposes of the Facilities, except (i) as
mentioned in GCC Sub-Clause 32.2 (with respect to the Contractor’s
temporary facilities), and (ii) where such loss or damage arises by
reason of any of the matters specified in GCC Sub-Clauses 32.2(b) and
(c) and 38.1.

32.4 With respect to any loss or damage caused to the Facilities or any part
thereof or to the Contractor’s Equipment by reason of any of the matters
specified in GCC Sub-Clause 38.1, the provisions of GCC Sub-Clause
38.3 shall apply.

33. Loss of or Damage to Property; Accident or Injury to workers; Indemnification

33.1 Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify and
hold harmless the Employer 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
Facilities whether accepted or not), arising in connection with the supply
and installation of the Facilities and by reason of the negligence of the
Contractor or its Subcontractors, or their employees, officers or agents,
except any injury, death or property damage caused by the negligence
of the Employer, its contractors, employees, officers or agents.

33.2 If any proceedings are brought or any claim is made against the
Employer that might subject the Contractor to liability under GCC Sub-
Clause 33.1, the Employer shall promptly give the Contractor a notice
thereof and the Contractor may at its own expense and in the
Employer’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 Employer within twenty-eight (28) days
after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify the
Employer within the twenty-eight (28) day period, the Employer shall
make no admission that may be prejudicial to the defence of any such

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proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available

assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.

33.3 The Employer shall indemnify and hold harmless the Contractor and its
employees, officers and Subcontractors from any liability for loss of or
damage to property of the Employer, other than the Facilities not yet
taken over, that is caused by fire, explosion or any other perils, in excess
of the amount recoverable from insurances procured under GCC Clause
34 (Insurances), provided that such fire, explosion or other perils were
not caused by any act or failure of the Contractor.

33.4 The party entitled to the benefit of an indemnity under this GCC Clause
33 shall take all reasonable measures to mitigate any loss or damage
which has occurred. If the party fails to take such measures, the other
party’s liabilities shall be correspondingly reduced.

34. Insurance

34.1 To the extent specified in Appendix 3 (Insurance Requirements) to the

Contract Agreement, the Contractor shall at its expense take out and
maintain in effect, or cause to be taken out and maintained in effect,
during the performance of the Contract, the insurances set forth below in
the sums and with the deductibles and other conditions specified in the
said Appendix. The identity of the insurers and the form of the policies
shall be subject to the approval of the Employer, who should not
unreasonably withhold such approval.

(a) Cargo Insurance During Transport

Covering loss or damage occurring while in transit from the

Contractor’s or Subcontractor’s works or stores until arrival at the
Site, to the Plant and Equipment (including spare parts therefor)
and to the Contractor’s Equipment.

(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site,

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

(c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including

the Employer’s personnel) and loss of or damage to property
occurring in connection with the supply and installation of the
Facilities.

(d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its

Subcontractors (whether or not owned by them) in connection

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with the execution of the Contract.

(e) Workers’ Compensation

In accordance with the statutory requirements applicable in any

country where the Contract or any part thereof is executed.

(f) Employer’s Liability

In accordance with the statutory requirements applicable in any

country where the Contract or any part thereof is executed.

(g) Other Insurances

Such other insurances as may be specifically agreed upon by the

parties hereto as listed in the said Appendix 3.

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

34.3 The Contractor shall, in accordance with the provisions of Appendix 3

(Insurance Requirements) to the Contract Agreement, deliver to the
Employer certificates of insurance (or copies of the insurance policies)
as evidence that the required policies are in full force and effect. The
certificates shall provide that no less than twenty-one (21) days’ notice
shall be given to the Employer by insurers prior to cancellation or
material modification of a policy.

34.4 The Contractor shall ensure that, where applicable, its Subcontractor(s)
shall take out and maintain in effect adequate insurance policies for their
personnel and vehicles and for work executed by them under the
Contract, unless such Subcontractors are covered by the policies taken
out by the Contractor.

34.5 The Employer shall at its expense take out and maintain in effect during
the performance of the Contract those insurances specified in Appendix
3 (Insurance Requirements) to the Contract Agreement.

34.6 If the Contractor fails to take out and/or maintain in effect the insurances
referred to in GCC Sub-Clause 34.1, the Employer may take out and
maintain in effect any such insurances and may from time to time deduct
from any amount due the Contractor under the Contract any premium
that the Employer shall have paid to the insurer, or may otherwise
recover such amount as a debt due from the Contractor. If the Employer
fails to take out and/or maintain in effect the insurances referred to in
GCC 34.5, the Contractor may take out and maintain in effect any such
insurances and may from time to time deduct from any amount due the
Employer under the Contract any premium that the Contractor shall have
paid to the insurer, or may otherwise recover such amount as a debt due
from the Employer. If the Contractor fails to or is unable to take out and

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maintain in effect any such insurances, the Contractor shall nevertheless

have no liability or responsibility towards the Employer, and the
Contractor shall have full recourse against the Employer for any and all
liabilities of the Employer herein.

34.7 Unless otherwise provided in the Contract, the Contractor shall prepare
and conduct all and any claims made under the policies effected by it
pursuant to this GCC Clause 34, and all monies payable by any insurers
shall be paid to the Contractor as per the procedure outlined in GCC
Sub-Clause 34.8 below. The Employer shall give to the Contractor all
such reasonable assistance as may be required by the Contractor. With
respect to insurance claims in which the Employer’s interest is involved,
the Contractor shall not give any release or make any compromise with
the insurer without the prior written consent of the Employer. With
respect to insurance claims in which the Contractor’s interest is involved,
the Employer shall not give any release or make any compromise with
the insurer without the prior written consent of the Contractor.

34.8 (i) Wherever total damages/loss of equipment/material, would occur,

the Contractor will be entitled to payment of all payments
received from the underwriters except the following amounts:
(a) The amount paid to the Contractor under the Contract in
respect of equipment/material damaged/lost (excluding the
pro-rata initial advance) but including the entire amount of
escalation, if any, already paid to the Contractor.

(b) Taxes and duties which have already been paid by the
Employer.

In the event the claim money settled, is less than the total of the
amount in a & b above, then the entire claim money settled will be
retained by the Employer and the Contractor will forthwith pay the
Employer the short fall amount between the claim money and the
total of amounts as per a & b mentioned above.
Subsequent payments, if any, due under the Contract shall be
regulated by the relevant terms of payment.

(ii) In case of damage to any equipment/material during any stage,

the Contractor upon rectification of the damaged equipment to the
satisfaction of the Employer shall be paid to the extent of full
claims settled by the underwriters.

35. Unforeseen Conditions

35.1 If, during the execution of the Contract, the Contractor shall encounter
on the Site any physical conditions (other than climatic conditions) or
artificial obstructions that could not have been reasonably foreseen prior
to the date of the Contract Agreement by an experienced contractor on
the basis of reasonable examination of the data relating to the Facilities
(including any data as to boring tests) provided by the Employer, and on
the basis of information that it could have obtained from a visual
inspection of the Site (if access thereto was available) or other data
readily available to it relating to the Facilities, and if the Contractor
determines that it will in consequence of such conditions or obstructions
incur additional cost and expense or require additional time to perform
its obligations under the Contract that would not have been required if
such physical conditions or artificial obstructions had not been

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encountered, the Contractor shall promptly, and before performing

additional work or using additional Plant and Equipment or Contractor’s
Equipment, notify the Project Manager in writing of

(a) the physical conditions or artificial obstructions on the Site that

could not have been reasonably foreseen

(b) the additional work and/or Plant and Equipment and/or

Contractor’s Equipment required, including the steps which the
Contractor will or proposes to take to overcome such conditions
or obstructions
(c) the extent of the anticipated delay
(d) the additional cost and expense that the Contractor is likely to
incur.
On receiving any notice from the Contractor under this GCC Sub-Clause
35.1, the Project Manager shall promptly consult with the Employer and
Contractor and decide upon the actions to be taken to overcome the
physical conditions or artificial obstructions encountered. Following such
consultations, the Project Manager shall instruct the Contractor, with a
copy to the Employer, of the actions to be taken.

35.2 Any reasonable additional cost and expense incurred by the Contractor
in following the instructions from the Project Manager to overcome such
physical conditions or artificial obstructions referred to in GCC Sub-
Clause 35.1 shall be paid by the Employer to the Contractor as an
addition to the Contract Price.

35.3 If the Contractor is delayed or impeded in the performance of the

Contract because of any such physical conditions or artificial
obstructions referred to in GCC Sub-Clause 35.1, the Time for
Completion shall be extended in accordance with GCC Clause 40
(Extension of Time for Completion).

36. Change in Laws and Regulations

36.1 If, after the date seven (7) days prior to the deadline set for Price Bid
submission, in the country where the Site is located, any law, regulation,
ordinance, order or by-law having the force of law is enacted,
promulgated, abrogated or changed (which shall be deemed to include
any change in interpretation or application by the competent authorities)
that subsequently affects the costs and expenses of the Contractor
and/or the Time for Completion, the Contract Price shall be
correspondingly increased or decreased, and/or the Time for Completion
shall be reasonably adjusted to the extent that the Contractor has
thereby been affected in the performance of any of its obligations under
the Contract. However, these adjustments shall not be applicable on
procurement of raw materials, intermediary components, and
intermediary services etc. by the Contractor. Notwithstanding the
foregoing, such additional or reduced costs shall not be separately paid
or credited if the same has already been accounted for in the price
adjustment provisions where applicable, in accordance with the
Appendix 2 to the Contract Agreement.

37. Force Majeure

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37.1 “Force Majeure” shall mean any event beyond the reasonable control of
the Employer or of the Contractor, as the case may be, and which is
unavoidable notwithstanding the reasonable care of the party affected.

37.2 If either party is prevented, hindered or delayed from or in performing

any of its obligations under the Contract by an event of Force Majeure,
then it shall notify the other in writing of the occurrence of such event
and the circumstances thereof within fourteen (14) days after the
occurrence of such event.

37.3 The party who has given such notice shall be excused from the
performance or punctual performance of its obligations under the
Contract for so long as the relevant event of Force Majeure continues
and to the extent that such party’s performance is prevented, hindered
or delayed. The Time for Completion shall be extended in accordance
with GCC Clause 40 (Extension of Time for Completion).

37.4 The party or parties affected by the event of Force Majeure shall use
reasonable efforts to mitigate the effect thereof upon its or their
performance of the Contract and to fulfil its or their obligations under the
Contract, but without prejudice to either party’s right to terminate the
Contract under GCC Sub-Clauses 37.6 and 38.5.

37.5 No delay or non-performance by either party hereto caused by the

occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) (subject to GCC Sub-Clauses 32.2, 38.3 and 38.4) give rise to
any claim for damages or additional cost or expense occasioned
thereby
if and to the extent that such delay or non-performance is caused by the
occurrence of an event of Force Majeure.

37.6 If the performance of the Contract is substantially prevented, hindered or

delayed for a single period of more than sixty (60) days or an aggregate
period of more than one hundred and twenty (120) days on account of
one or more events of Force Majeure during the currency of the
Contract, the parties will attempt to develop a mutually satisfactory
solution, failing which the dispute shall be resolved in accordance with
GCC Clause 6.

37.7 Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not apply to
any obligation of the Employer to make payments to the Contractor
herein.

38. War Risks

38.1 “War Risks” shall mean any of the following events occurring or existing
in or near the country (or countries) where the Site is located:
(a) war, hostilities or warlike operations (whether a state of war is
declared or not), invasion, act of foreign enemy and civil war

(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or

military government, conspiracy, riot, civil commotion and terrorist
acts, and

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(c) any explosion or impact of any mine, bomb, shell, grenade or

other projectile, missile, munitions or explosive of war.

38.2 Notwithstanding anything contained in the Contract, the Contractor shall

have no liability whatsoever for or with respect to

(a) destruction of or damage to Facilities, Plant & Equipment, or any

part thereof

(b) destruction of or damage to property of the Employer or any third

party

(c) injury or loss of life

if such destruction, damage, injury or loss of life is caused by any War

Risks, and the Employer shall indemnify and hold the Contractor
harmless from and against any and all claims, liabilities, actions,
lawsuits, damages, costs, charges or expenses arising in consequence
of or in connection with the same.

38.3 If the Facilities or any Plant and Equipment or Contractor’s Equipment or

any other property of the Contractor used or intended to be used for the
purposes of the Facilities shall sustain destruction or damage by reason
of any War Risks, the Employer shall pay the Contractor for

(a) any part of the Facilities or the Plant and Equipment so destroyed
or damaged (to the extent not already paid for by the Employer)

(b) replacing or making good any Contractor’s Equipment or other

property of the Contractor so destroyed or damaged so far as
may be required by the Employer, and as may be necessary for
completion of the Facilities,

(c) replacing or making good any such destruction or damage to the

Facilities or the Plant and Equipment or any part thereof.

If the Employer does not require the Contractor to replace or make good
any such destruction or damage to the Facilities, the Employer shall
either request a change in accordance with GCC Clause 39 (Change in
the Facilities), excluding the performance of that part of the Facilities
thereby destroyed or damaged or, where the loss, destruction or
damage affects a substantial part of the Facilities, shall terminate the
Contract, pursuant to GCC Sub-Clause 42.1 (Termination for Employer’s
Convenience).

38.4 Notwithstanding anything contained in the Contract, the Employer shall

pay the Contractor for any increased costs or incidentals to the
execution of the Contract that are in any way attributable to, consequent
on, resulting from, or in any way connected with any War Risks,
provided that the Contractor shall as soon as practicable notify the
Employer in writing of any such increased cost.

38.5 If during the performance of the Contract any War Risks shall occur that
financially or otherwise materially affect the execution of the Contract by
the Contractor, the Contractor shall use its reasonable efforts to execute
the Contract with due and proper consideration given to the safety of its
and its Subcontractors’ personnel engaged in the work on the Facilities,
provided, however, that if the execution of the work on the Facilities

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becomes impossible or is substantially prevented for a single period of

more than sixty (60) days or an aggregate period of more than one
hundred and twenty (120) days on account of any War Risks, the parties
will attempt to develop a mutually satisfactory solution, failing which the
dispute will be resolved in accordance with GCC Clause 6.

38.6 In the event of termination pursuant to GCC Sub-Clauses 38.3, the

rights and obligations of the Employer and the Contractor shall be
specified in GCC Sub-Clauses 42.1.2 and 42.1.3, except that the
Contractor shall have no entitlement to profit under paragraph (e) of
GCC Sub-Clause 42.1.3 in respect of any unexecuted Facilities as of the
date of termination.

H. Change in Contract Elements

39. Change In The Facilities

39.1 Introducing a Change

39.1.1 The Employer shall have the right to propose, and

subsequently require, that the Project Manager order the
Contractor from time to time during the performance of the
Contract to make any change, modification, addition or deletion
to, in or from the Facilities (hereinafter called “Change”),
provided that such Change falls within the general scope of the
Facilities and does not constitute unrelated work and that it is
technically practicable, taking into account both the state of
advancement of the Facilities and the technical compatibility of
the Change envisaged with the nature of the Facilities as
specified in the Contract .

39.1.2 The Contractor may from time to time during its performance of
the Contract propose to the Employer (with a copy to the
Project Manager) any Change that the Contractor considers
necessary or desirable to improve the quality, efficiency or
safety of the Facilities. The Employer may at its discretion
approve or reject any Change proposed by the Contractor.

39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no

change made necessary because of any default of the
Contractor in the performance of its obligations under the
Contract shall be deemed to be a Change, and such change
shall not result in any adjustment of the Contract Price or the
Time for Completion.

39.1.4 The procedure on how to proceed with and execute Changes is

specified in GCC Sub-Clauses 39.2 and 39.3.

39.2 Changes Originating from Employer

39.2.1 If the Employer proposes a Change pursuant to GCC Sub-

Clause 39.1.1, it shall send to the Contractor a “Request for
Change Proposal,” requiring the Contractor to prepare and
furnish to the Project Manager as soon as reasonably
practicable a “Change Proposal,” which shall include the
following:

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(a) brief description of the Change

(b) effect on the Time for Completion
(c) estimated cost of the Change
(d) effect on Functional Guarantees (if any)
(e) effect on any other provisions of the Contract.

39.2.2 The pricing of any change shall, as far as practicable, be

calculated in accordance with the rates and prices included in
the Contract. If the rates and prices of any change are not
available in the Contract, the parties thereto shall agree on
specific rates for the variation of the change.

39.2.3 If before or during the preparation of the Change Proposal it

becomes apparent that the aggregate effect of compliance
therewith and with all other Change Orders that have already
become binding upon the Contractor under this GCC Clause
39 would be to increase or decrease the Contract Price as
originally set forth in Article 2 (Contract Price) of the Contract
Agreement by more than fifteen (15) percent, the Contractor
may give a written notice of objection thereto prior to furnishing
the Change Proposal as aforesaid. If the Employer accepts the
Contractor’s objection, the Employer and the Contractor shall
agree on specific rates for valuation of the change.

39.2.4 Upon receipt of the Change Proposal, the Employer and the
Contractor shall mutually agree upon all matters therein
contained including agreement on rates if such rates are not
available in the Contract or if the limit of 15% set forth in Clause
39.2.3 has been exceeded. Within fourteen (14) days after
such agreement, the Employer shall, if it intends to proceed
with the Change, issue the Contractor with a Change Order.

If the Employer is unable to reach a decision within fourteen

(14) days, it shall notify the Contractor with details of when the
Contractor can expect a decision.

If the Employer decides not to proceed with the Change for

whatever reason, it shall, within the said period of fourteen (14)
days, notify the Contractor accordingly.
39.2.5 If the Employer and the Contractor cannot reach agreement on
the price for the Change, an equitable adjustment to the Time
for Completion, or any other matters identified in the Change
Proposal, the Employer may nevertheless instruct the
Contractor to proceed with the Change by issue of a “Pending
Agreement Change Order.”
Upon receipt of a Pending Agreement Change Order, the
Contractor shall immediately proceed with effecting the
Changes covered by such Order. The parties shall thereafter
attempt to reach agreement on the outstanding issues under
the Change Proposal.
If the parties cannot reach agreement within sixty (60) days
from the date of issue of the Pending Agreement Change
Order, then the matter may be referred to the Expert
Settlement Council (ESC) in accordance with the provisions of
GCC Sub-Clause 6.4.1.

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39.3 Changes Originating from Contractor

39.3.1 If the Contractor proposes a Change pursuant to GCC Sub-

Clause 39.1.2, the Contractor shall submit to the Project
Manager a written “Application for Change Proposal,” giving
reasons for the proposed Change and including the information
specified in GCC Sub-Clause 39.2.1.

Upon receipt of the Application for Change Proposal, the

parties shall follow the procedures outlined in GCC Sub-
Clauses 39.2.4 and 39.2.5.

40. Extension of Time for Completion

40.1 The Time(s) for Completion specified in the SCC shall be extended if
the Contractor is delayed or impeded in the performance of any of its
obligations under the Contract by reason of any of the following:

(a) any Change in the Facilities as provided in GCC Clause 39

(Change in the Facilities)

(b) any occurrence of Force Majeure as provided in GCC Clause 37

(Force Majeure), unforeseen conditions as provided in GCC
Clause 35 (Unforeseen Conditions), or other occurrence of any of
the matters specified or referred to in paragraphs (a), (b) and (c)
of GCC Sub-Clause 32.2

(c) any suspension order given by the Employer under GCC Clause
41 (Suspension) hereof or reduction in the rate of progress
pursuant to GCC Sub-Clause 41.2 or

(d) any changes in laws and regulations as provided in GCC Clause

36 (Change in Laws and Regulations) or

(e) any default or breach of the Contract by the Employer, specifically

including failure to supply the items listed in Appendix 6 (Scope of
Works and Supply by the Employer) to the Contract Agreement,
or any activity, act or omission of any other contractors employed
by the Employer or failure to give possession of site under GCC
Clause 10.2.

(f) any other matter specifically mentioned in the Contract;

by such period as shall be fair and reasonable in all the circumstances

and as shall fairly reflect the delay or impediment sustained by the
Contractor.

40.2 Except where otherwise specifically provided in the Contract, the

Contractor shall submit to the Project Manager a notice of a claim for an
extension of the Time for Completion, together with particulars of the
event or circumstance justifying such extension as soon as reasonably
practicable after the commencement of such event or circumstance. As
soon as reasonably practicable after receipt of such notice and
supporting particulars of the claim, the Employer and the Contractor
shall agree upon the period of such extension. In the event that the
Contractor does not accept the Employer’s estimate of a fair and
reasonable time extension, the Contractor shall be entitled to refer the
matter to the Expert Settlement Council (ESC), pursuant to GCC Sub-

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Clause 6.4.1.

40.3 The Contractor shall at all times use its reasonable efforts to minimize
any delay in the performance of its obligations under the Contract.

40.4 Documents for Consideration of Time Extension

The following documents shall form the principal basis for consideration
of Time Extension pursuant to GCC clause 40 with or without LD, levy
of liquidated damages pursuant to GCC clause 26 and settlement of
extra claims during the execution of contract:

1. The joint recordings in “Hindrance Register” and “Weekly Review

Register”.

2. Records of Technical Coordination Meetings.

3. Records of Contract Review meetings.

4. Written notices issued by the "Project Manager" or his authorized

representative to Contractor in the relevant period.
41. Suspension

41.1 The Employer/ Project Manager may, by notice to the Contractor, order
the Contractor to suspend performance of any or all of its obligations
under the Contract. Such notice shall specify the obligation of which
performance is to be suspended, the effective date of the suspension
and the reasons therefor. The Contractor shall thereupon suspend
performance of such obligation (except those obligations necessary for
the care or preservation of the Facilities) until ordered in writing to
resume such performance by the Project Manager/ Employer.

If, by virtue of a suspension order given by the Project

Manager/Employer, other than by reason of the Contractor’s default or
breach of the Contract, the Contractor’s performance of any of its
obligations is suspended for an aggregate period of more than ninety
(90) days, then at any time thereafter and provided that at that time such
performance is still suspended, the Contractor may give a notice to the
Project Manager requiring that the Employer shall, within twenty-eight
(28) days of receipt of the notice, order the resumption of such
performance or request and subsequently order a change in accordance
with GCC Clause 39 (Change in the Facilities), excluding the
performance of the suspended obligations from the Contract.

If the Employer fails to do so within such period, the Contractor may, by

a further notice to the Project Manager, elect to treat the suspension,
where it affects a part only of the Facilities, as a deletion of such part in
accordance with GCC Clause 39 (Change in the Facilities) or, where it
affects the whole of the Facilities, as termination of the Contract under
GCC Sub-Clause 42.1 (Termination for Employer’s Convenience).

41.2 If

(a) the Employer has failed to pay the Contractor any sum due under
the Contract within the specified period, has failed to approve any
invoice or supporting documents without just cause pursuant to
Appendix 1 (Terms and Procedures of Payment) to the Contract
Agreement, or commits a substantial breach of the Contract, the

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Contractor may give a notice to the Employer that requires

payment of such sum, requires approval of such invoice or
supporting documents, or specifies the breach and requires the
Employer to remedy the same, as the case may be. If the
Employer fails to pay such sum, fails to approve such invoice or
supporting documents or give its reasons for withholding such
approval, or fails to remedy the breach or take steps to remedy
the breach within fourteen (14)days after receipt of the
Contractor’s notice or
(b) the Contractor is unable to carry out any of its obligations under
the Contract for any reason attributable to the Employer, including
but not limited to the Employer’s failure to provide possession of
or access to the Site or other areas in accordance with GCC Sub-
Clause 10.2, or failure to obtain any governmental permit
necessary for the execution and/or completion of the Facilities;

then the Contractor may by fourteen (14) days’ notice to the Employer
suspend performance of all or any of its obligations under the Contract,
or reduce the rate of progress.

41.3 If the Contractor’s performance of its obligations is suspended or the

rate of progress is reduced pursuant to this GCC Clause 41, then the
Time for Completion shall be extended in accordance with GCC Sub-
Clause 40.1, and any and all additional costs or expenses incurred by
the Contractor as a result of such suspension or reduction shall be paid
by the Employer to the Contractor in addition to the Contract Price,
except in the case of suspension order or reduction in the rate of
progress by reason of the Contractor’s default or breach of the Contract.
The Bank Guarantee Charges and Insurance Charges for the extended
period shall be reimbursed at actuals based on the written request of
Contractor.
The reimbursement of BG charges shall be made on the basis of
documentary evidence submitted by the Contractor (such as debit
advice of Bank) along with a Certificate from the issuing Bank, as per the
format enclosed in Section-VII (Forms & Procedures).
Further, the reimbursement of Insurance charges shall also be made on
the basis of documentary evidence submitted by the Contractor. In
addition, the Contractor should obtain Insurance Policy directly from the
Insurance Company and not through Brokers.
The aforesaid reimbursement of Bank Guarantee Charges and
Insurance Charges shall be inclusive of GST.

41.4 During the period of suspension, the Contractor shall not remove from
the Site any Plant and Equipment, any part of the Facilities or any
Contractor’s Equipment, without the prior written consent of the
Employer.

42. Termination

42.1 Termination for Employer’s Convenience

42.1.1 The Employer may at any time terminate the Contract for any
reason by giving the Contractor a notice of termination that
refers to this GCC Sub-Clause 42.1.

42.1.2 Upon receipt of the notice of termination under GCC Sub-

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Clause 42.1.1, the Contractor shall either immediately or upon

the date specified in the notice of termination

(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for the
sole purpose of protecting that part of the Facilities already
executed, or any work required to leave the Site in a clean
and safe condition

(b) terminate all subcontracts, except those to be assigned to

the Employer pursuant to paragraph (d) (ii) below

(c) remove all Contractor’s Equipment from the Site, repatriate

the Contractor’s and its Subcontractors’ personnel from the
Site, remove from the Site any wreckage, rubbish and
debris of any kind, and leave the whole of the Site in a
clean and safe condition.

(d) In addition, the Contractor, subject to the payment specified

in GCC Sub-Clause 42.1.3, shall

(i) deliver to the Employer the parts of the Facilities

executed by the Contractor up to the date of
termination

(ii) to the extent legally possible, assign to the Employer all

right, title and benefit of the Contractor to the Facilities
and to the Plant and Equipment as at the date of
termination, and, as may be required by the Employer,
in any subcontracts concluded between the Contractor
and its Subcontractors

(iii) deliver to the Employer all non-proprietary drawings,

specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of
termination in connection with the Facilities.

42.1.3 In the event of termination of the Contract under GCC Sub-

Clause 42.1.1, the Employer shall pay to the Contractor the
following amounts:

(a) the Contract Price, properly attributable to the parts of the

Facilities executed by the Contractor as of the date of
termination

(b) the costs reasonably incurred by the Contractor in the

removal of the Contractor’s Equipment from the Site and in
the repatriation of the Contractor’s and its Subcontractors’
personnel

(c) any amounts to be paid by the Contractor to its

Subcontractors in connection with the termination of any
subcontracts, including any cancellation charges

(d) costs incurred by the Contractor in protecting the Facilities

and leaving the Site in a clean and safe condition pursuant
to paragraph (a) of GCC Sub-Clause 42.1.2

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(e) the cost of satisfying all other obligations, commitments and

claims that the Contractor may in good faith have
undertaken with third parties in connection with the
Contract and that are not covered by paragraphs (a)
through (d) above.

42.2 Termination for Contractor’s Default

42.2.1 The Employer, without prejudice to any other rights or remedies

it may possess, may terminate the Contract forthwith in the
following circumstances by giving a notice of termination and its
reasons therefor to the Contractor, referring to this GCC Sub-
Clause 42.2:

(a) if the Contractor becomes bankrupt or insolvent, has a

receiving order issued against it, compounds with its
creditors, or, if the Contractor is a corporation, a resolution
is passed or order is made for its winding up (other than a
voluntary liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any part of its
undertaking or assets, or if the Contractor takes or suffers
any other analogous action in consequence of debt

(b) if the Contractor assigns or transfers the Contract or any

right or interest therein in violation of the provision of GCC
Clause 43 (Assignment).

(c) if the Contractor, in the judgement of the Employer 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 Employer 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 Employer of the
benefits of free and open competition.
(d) If the Contractor, sub-contracts any part of the works in
violation of the provision of GCC Clause 19.4.

42.2.2 If the Contractor

(a) has abandoned or repudiated the Contract

(b) has without valid reason failed to commence work on the

Facilities promptly or has suspended (other than pursuant
to GCC Sub-Clause 41.2) the progress of Contract
performance for more than twenty-eight (28) days after
receiving a written instruction from the Employer to proceed

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(c) persistently fails to execute the Contract in accordance with

the Contract or persistently neglects to carry out its
obligations under the Contract without just cause

(d) refuses or is unable to provide sufficient materials, services

or labour to execute and complete the Facilities in the
manner specified in the program furnished under GCC
Clause 18 (Program of Performance) at rates of progress
that give reasonable assurance to the Employer that the
Contractor can attain Completion of the Facilities by the
Time for Completion as extended

then the Employer 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 fourteen (14) days of its receipt of such notice,
then the Employer may terminate the Contract forthwith by
giving a notice of termination to the Contractor that refers to
this GCC Sub-Clause 42.2.

42.2.3 Upon receipt of the notice of termination under GCC Sub-

Clauses 42.2.1 or 42.2.2, the Contractor shall, either
immediately or upon such date as is specified in the notice of
termination,

(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for the
sole purpose of protecting that part of the Facilities
already executed, or any work required to leave the Site in
a clean and safe condition

(b) terminate all subcontracts, except those to be assigned to

the Employer pursuant to paragraph (d) below

(c) deliver to the Employer the parts of the Facilities executed

by the Contractor up to the date of termination

(d) to the extent legally possible, assign to the Employer all

right, title and benefit of the Contractor to the Works and to
the Plant and Equipment as at the date of termination, and,
as may be required by the Employer, in any subcontracts
concluded between the Contractor and its Subcontractors

(e) deliver to the Employer all drawings, specifications and

other documents prepared by the Contractor or its
Subcontractors as at the date of termination in connection
with the Facilities.

42.2.4 The Employer may enter upon the Site, expel the Contractor,
and complete the Facilities itself or by employing any third
party. The Employer may, to the exclusion of any right of the
Contractor over the same, take over and use with the payment
of a fair rental rate to the Contractor, with all the maintenance
costs to the account of the Employer and with an
indemnification by the Employer for all liability including
damage or injury to persons arising out of the Employer’s use
of such equipment, any Contractor’s Equipment owned by the

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Contractor and on the Site in connection with the Facilities for

such reasonable period as the Employer considers expedient
for the supply and installation of the Facilities.

Upon completion of the Facilities or at such earlier date as the

Employer thinks appropriate, the Employer shall give notice to
the Contractor that such Contractor’s Equipment will be
returned to the Contractor at or near the Site and shall return
such Contractor’s Equipment to the Contractor in accordance
with such notice. The Contractor shall thereafter without delay
and at its cost remove or arrange removal of the same from the
Site.

42.2.5 Subject to GCC Sub-Clause 42.2.6, the Contractor shall be

entitled to be paid the Contract Price attributable to the
Facilities executed as at the date of termination, the value of
any unused or partially used Plant and Equipment on the Site,
and the costs, if any, incurred in protecting the Facilities and in
leaving the Site in a clean and safe condition pursuant to
paragraph (a) of GCC Sub-Clause 42.2.3. Any sums due to the
Employer from the Contractor accruing prior to the date of
termination shall be deducted from the amount to be paid to the
Contractor under this Contract.

42.2.6 If the Employer completes the Facilities, the cost of completing

the Facilities by the Employer shall be determined.

If the sum that the Contractor is entitled to be paid, pursuant to

GCC Sub-Clause 42.2.5, plus the reasonable costs incurred by
the Employer in completing the Facilities, exceeds the Contract
Price, the Contractor shall be liable for such excess.

If such excess is greater than the sums due to the Contractor

under GCC Sub-Clause 42.2.5, the Contractor shall pay the
balance to the Employer, and if such excess is less than the
sums due to the Contractor under GCC Sub-Clause 42.2.5, the
Employer shall pay the balance to the Contractor.

The Employer and the Contractor shall agree, in writing, on the

computation described above and the manner in which any
sums shall be paid.

42.3 Termination by Contractor

42.3.1 If

(a) the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed to
approve any invoice or supporting documents without just
cause pursuant to Appendix 1 (Terms and Procedures of
Payment) of the Contract Agreement, or commits a
substantial breach of the Contract, the Contractor may give
a notice to the Employer that requires payment of such
sum, requires approval of such invoice or supporting
documents, or specifies the breach and requires the
Employer to remedy the same, as the case may be. If the
Employer fails to pay such sum, fails to approve such
invoice or supporting documents or give its reasons for

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withholding such approval, fails to remedy the breach or

take steps to remedy the breach within fourteen (14) days
after receipt of the Contractor’s notice, or

(b) the Contractor is unable to carry out any of its obligations

under the Contract for any reason attributable to the
Employer, including but not limited to the Employer’s failure
to provide possession of or access to the Site or other
areas or failure to obtain any governmental permit
necessary for the execution and/or completion of the
Facilities which the Employer is required to obtain as per
provision of the Contract or as per relevant applicable laws
of the country,

then the Contractor may give a notice to the Employer thereof,

and if the Employer has failed to pay the outstanding sum, to
approve the invoice or supporting documents, to give its
reasons for withholding such approval, or to remedy the breach
within twenty-eight (28) days of such notice, or if the Contractor
is still unable to carry out any of its obligations under the
Contract for any reason attributable to the Employer within
twenty-eight (28) days of the said notice, the Contractor may by
a further notice to the Employer referring to this GCC Sub-
Clause 42.3.1, forthwith terminate the Contract.

42.3.2 The Contractor may terminate the Contract forthwith by giving a

notice to the Employer to that effect, referring to this GCC Sub-
Clause 42.3.2, if the Employer becomes bankrupt or insolvent,
has a receiving order issued against it, compounds with its
creditors, or, being a corporation, if a resolution is passed or
order is made for its winding up (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction),
a receiver is appointed over any part of its undertaking or
assets, or if the Employer takes or suffers any other analogous
action in consequence of debt.

42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or

42.3.2, then the Contractor shall immediately

(a) cease all further work, except for such work as may be
necessary for the purpose of protecting that part of the
Facilities already executed, or any work required to leave
the Site in a clean and safe condition

(b) terminate all subcontracts, except those to be assigned to

the Employer pursuant to paragraph (d)(ii)

(c) remove all Contractor’s Equipment from the Site and

repatriate the Contractor’s and its Subcontractor’s
personnel from the Site

(d) In addition, the Contractor, subject to the payment specified

in GCC Sub-Clause 42.3.4, shall

(i) deliver to the Employer the parts of the Facilities

executed by the Contractor up to the date of
termination

(ii) to the extent legally possible, assign to the Employer all

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right, title and benefit of the Contractor to the Facilities

and to the Plant and Equipment as of the date of
termination, and, as may be required by the Employer,
in any subcontracts concluded between the Contractor
and its Subcontractors

(iii) deliver to the Employer all drawings, specifications and

other documents prepared by the Contractor or its
Subcontractors as of the date of termination in
connection with the Facilities.
42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or
42.3.2, the Employer shall pay to the Contractor all payments
specified in GCC Sub-Clause 42.1.3 and reasonable
compensation for all loss or damage sustained by the
Contractor arising out of, in connection with or in consequence
of such termination.

42.3.5 Termination by the Contractor pursuant to this GCC Sub-

Clause 42.3 is without prejudice to any other rights or remedies
of the Contractor that may be exercised in lieu of or in addition
to rights conferred by GCC Sub-Clause 42.3.

42.4 In this GCC Clause 42, the expression “Facilities executed” shall include
all work executed, Installation Services provided, any or all Plant and
Equipment acquired (or subject to a legally binding obligation to
purchase) by the Contractor and used or intended to be used for the
purpose of the Facilities, up to and including the date of termination.

42.5 In this GCC Clause 42, in calculating any monies due from the Employer
to the Contractor, account shall be taken of any sum previously paid by
the Employer to the Contractor under the Contract, including any
advance payment paid pursuant to Appendix 1 (Terms and Procedures
of Payment) to the Contract Agreement.

43. Assignment

43.1 The Contractor shall not, without the express prior written consent of the
Employer, assign to any third party the Contract or any part thereof, or
any right, benefit, obligation or interest therein or thereunder, 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.

I. Other Conditions

44. Contractor Performance Feedback and Evaluation System

The Employer has in place an established ‘Contractor Performance

and Feedback System’ against which the Contractor’s performance
during the execution of Contract shall be evaluated on a continuous
basis at regular intervals on the following seven parameters:

• Engineering & Quality Assurance Capability

• Finance
• Supply
• Construction/ Installation

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• Field Quality
• Safety
• Claims & Disputes

The score-based feedback formats based on which Contractor’s

performance shall be evaluated is enclosed at Annexure-A.

In case the performance of the Contractor is found unsatisfactory,

the Contractor shall be considered ineligible for participating in
future tenders for two years.

On completion of the above ineligibility period, the Contractor would

be required to submit a request to Employer/NVVN for participating
in future tenders specifying the measures taken to improve their
performance. The Contractor may also request for early revocation
of suspension after completion of at least one (1) year of the
suspension period. On receipt of such request, the performance of
the Contractor shall be assessed/evaluated by Employer/NTPC and
if the performance is found to be satisfactory, the Contractor shall be
considered eligible for participation in future tenders.

45. Fraud Prevention Policy

The contractor along with their associate / collaborator / subcontractors /

sub-vendors / consultants / service providers shall strictly adhere to the
Fraud Prevention policy of the Employer displayed on its tender website
[Link] / [Link] Contractor
along with their associate / collaborator / subcontractors / sub-vendors /
consultants / service providers shall observe the highest standard of
ethics and shall not indulge or allow anybody else working in their
organization to indulge in fraudulent activities during execution of the
contract. The contractor shall immediately apprise the Employer about
any fraud or suspected fraud as soon as it comes to their notice.

46. Debarment

The Employer has in place a Policy for Debarment from Business

Dealings displayed on the website [Link] /
[Link]/ [Link] The version of Policy
presently followed by NTPC is as mentioned in Special Conditions of
Contract (SCC) of the Bidding Documents. Business dealings may be
withheld or banned with the Contractor on account of any Default by the
Contractor under GCC Clause 42.2.1 & 42.2.2 or any of the grounds as
detailed in the said Debarment Policy.

47 Integrity Pact
If the Employer has terminated the Contract pursuant to Section-3 of the
Integrity Pact (IP), the Employer shall encash the Contract Performance
Bank Guarantee, in accordance with Section-4 of the Integrity Pact.

48 Independent External monitors

Independent External Monitors

The Nodal Officer for necessary coordination with Independent External

Monitors shall be as under:

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(i)) Concerned Group : if the issue pertains to

Head in C&M awarding of Contract by
C&M

(ii) Concerned Head of : if the issue pertains to

Department other departments
(iii) Concerned Head of : if the issue pertains to
Department post- award execution of
Contract

49 Contractor’s Labour Information Management System (CLIMS)

49.1 (a) The Contractor has to necessarily get itself registered in the
Contractor’s Labour Information Management System (CLIMS),
which will be installed by the Employer.

(b) The entry and exit of all contract labour to the plant premises will be
through Gate Access Control System of above ‘Contractor’s
Labour Information Management System’.

(c) It will be responsibility of the Contractor to ensure timely exit of all

labours from the plant premises after completion of job of that day.

(d) The Contractor has to abide with all the statutory compliance
applicable to its workers and employees and update the details of
the same in the above system.

50 No Claim for interest or damage

50.1 Interest on money due to the contractor:

Contractor shall not be entitled to any interest or damage in case of any

delay on the part of the Employer to pay the amount due upon
measurement or as per Contract or otherwise. Contractor shall also not
be entitled to interest upon any guarantee/ security/ retention money or
payments in arrears or upon any balance which may on the final
settlement of his account be due to him.
50.2 No claim for interest or damage:

No claim for interest or damage will be entertained or be payable by the

Employer in respect of any amount or balance which may be lying with
the Employer or may become due upon settlement/adjudication of any
dispute, difference or misunderstanding between the parties by way of
arbitration or court proceedings or otherwise or in respect of any delay or
omission on the part of the Employer in making intermediate or final
payment or in respect of any amount/damage which may be claimed
through arbitration or court proceedings or in any other respect
whatsoever.

51 Human 51.1 The Contractor for the purpose of the Contract shall engage / employ
Resources adequate number of key personnel in all areas such as design,
engineering, construction, installation, planning, scheduling and carrying
out of all maintenance of his plant and equipment, safety and competent
and skilled work force as directed by the Project Manager. The Project
Manager will approve any proposed replacement of such key personnel
including work force only if their qualifications, experience, competence
and capabilities are substantially equal to or better than those personnel
originally identified and approved by the Project Manager.

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The Project Manager may require the Contractor to remove from Site of
51.2 Works or from any other area of Work related to the Contract, any
member of the Contractor personnel or work force who

(i) Persists in any misconduct or lack

of care

(ii) Performs his duties incompetently

or negligently or otherwise carelessly

(iii) Fails to conform with any provisions

of the Contract or

(iv) Persists in any conduct which is

prejudicial to the safety, health or protection of
the Work and environment.

51.3 If appropriate, the Contractor shall appoint a suitable replacement within

fourteen (14) days or within such period as may be agreed between the
Project Manager and Contractor.

The Contractor shall unless otherwise provided in the Contract, make his
own arrangement for engagement of all staff and labor, local or
otherwise and for their payment, housing, transport, lodging and welfare
as may be required by law and or by industry practice. The Contractor
shall provide the Project Manager a return in detail in such form and at
such intervals as he may reasonably prescribe showing the staff and
number of the several classes of labour and other staff from time to time
employed by the Contractor at Site or in connection with the Work along
with such information as the Project Manager may reasonably require.

51.4 Labor laws and Regulations and compliance thereof

51.4.1 During the entire period of Contract, the Contractor and his
Sub-Contractors shall, at all times abide by all existing labor
enactments, rules made therein, regulations, notifications
and bye-laws by the appropriate government, local authority
or any other labor laws or notification that may be issued
under any labor law prevailing as on the date seven (7) days
prior to the date set for opening of the Techno-Commercial
Bids, published by the State or Central Government or Local
Authorities. An illustrative list of applicable acts, notifications,
rules etc. in connection with the labor as applicable as
mentioned subsequently at para 51.4.8 in GCC. This list is
not in any way exhaustive and shall not absolve the
Contractor from any of his liabilities or responsibilities in
compliance with any other laws, regulations, notifications that
may be in force during the tenure of Contract.

51.4.2 The Contractor and his Sub-Contractors shall indemnify the

Employer, from any action taken against the Employer by
any competent authority in connection with the enforcement
of the applicable laws, regulations, notifications, on account
of contravention of any of the provisions therein, including
amendments thereto. If the Employer is caused to pay or
otherwise made liable, such amounts as may be necessary
for non-observance of the provisions stipulated in the laws,
rules, notifications including amendments, if any on the part
of the Contractor and/or his Sub-Contractors, the Project

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Manager / Employer shall have the right to deduct any such

money from any amount due to the Contractor including his
performance security, under the Contract. The Employer
shall also have the right to recover from the Contractor any
sum required or estimated as required for making good any
loss or damage suffered / likely to be suffered by the
Employer, on this account.

51.4.3 If due to an enactment of any new Act or Statute and rules

made thereunder or any modification to the Acts/ Statute or
rules made thereunder, all after seven (7) days prior to the
date set for opening of the Techno-Commercial Bids and as
a consequence thereof, the Contractor has to incur additional
cost or expenditure, the same will be reimbursed by the
Employer to the Contractor, excepting those due to reasons
attributable to the Contractor and those being already
compensated by other provisions of the Contract, like Price
Adjustment, Taxes and Duties etc.

51.4.4 It is specifically agreed that the Contractor and his Sub-

Contractors shall obtain all the necessary registration,
licenses, permits, authorizations etc. required under various
enactments/ Regulations enforced from time to time,
specifically registration as employer under Provident Fund
Act and Contract Labor Regulation & Abolition Act, and the
Employer shall not be liable for any violation by the
Contractor in this regard.

51.4.5 The employees of the Contractor or his Sub-Contractor(s)

shall in no case be treated as the employees of the Employer
at any point of time.

51.4.6 The Contractor and his Sub-Contractors shall be liable to

make all due payments to all their employees and ensure
compliance with labor laws. If the Employer, is held liable as
'PRINCIPAL EMPLOYER' or otherwise to incur any
expenditure or to make any contributions under any
legislation of the Government or Court decision, in respect of
the employees of the Contractor or his Sub-Contractors, then
the Contractor would reimburse the amounts of such
expenditure/contribution so made by the Employer.

51.4.7 In case the ESI act is not applicable to the area where the
Work is executed, as evidenced by the Certificate/Letter
submitted to this effect from the local authorities, the
Contractor shall be liable to arrange and pay for the
expenses towards the medical treatment in respect of all
labor employed by him for the execution of the Contract.

51.4.8 The number and other relevant details of key personnel

required to be engaged/ employed by the Contractor in all
areas shall be finalized with the successful bidder during
post bid discussions (if required).

During the entire period of Contract, the Contractor and his

Sub-Contractors shall, at all times abide by the following
Acts/ Statutes related to Human Resources:

1. Factories Act, 1948; Contract Labor (Regulation &

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Abolition) Act, 1970;

2. EPF & MP Act, 1952;
3. Building & Other Construction Workers (Regulation
of Employment & Conditions of Service) Act, 1996;
4. ESI Act, 1948;
5. Minimum Wages Act, 1948;
6. Payment of Wages Act, 1936;
7. Payment of Bonus Act, 1965;
8. Payment of Gratuity Act, 1972;

9. Workmen's Compensation Act, 1923;

10. ID Act, 1947;
11. Maternity Benefit Act, 1961;
12. Inter-State Migrant Workmen (Regulation of
Employment & Conditions of Service) Act, 1979;
13. Fatal Accidents Act, 1855
14. Model Welfare Code

The above will deem to include all relevant/applicable rules

made thereunder, regulations, notifications and bye laws of
the State or Central Govt. or the local authority and any other
labor law (including rules) regulations, bye laws as well as
those that may be passed or notification that may be issued
under any labor law present and in future either by State or
Central Govt. or by local authority.
52 Materials Materials of any kind obtained from excavation on the Site shall remain
obtained from the property of the Employer and shall be disposed of as the Project
Excavation Manager may direct.

53 Treasure, All fossils, coins, articles of value or antiquity and structures and other
Trove, remains or things of geological or archaeological interest discovered on
Fossils, etc the Site shall be the absolute property of the Employer and the
Contractor shall take reasonable precautions to prevent his workmen or
any other person from removing or damaging any such article or thing,
shall immediately upon discovery thereof and before removal acquaint
the Project Manager with such discovery and carry out the Project
Manager's directions as to the disposition of the same, at the cost of the
Employer.
54 Protection of Trees shall be protected from damage during the course of the Works
Trees and earth level within at least one (1) meter of each such tree shall not
be disturbed. Where necessary, such trees shall be protected by
providing temporary fencing at the cost of the Employer.

55 Security The Contractor shall provide and maintain at his own expense all lights,
Watch and guards, fencing and watching when and where necessary or required by
Lighting the Project Manager for the protection of the Works or for the safety and
convenience of those employed on the Works or the public.

56 Prevention of The Contractor shall make necessary arrangement to prevent pollution

Pollution of the water in any adjacent water bodies including stream, springs,
nallah, river and lakes etc. The Contractor shall be solely responsible
and liable for all damage caused by any pollution that may take place
during the execution of the Work.

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Clause No. GENERAL CONDITIONS OF CONTRACT (GCC)

57 Explosives Permission for the use of explosives shall be obtained from the Project
Manager or from any appropriate authority as directed by the Project
Manager and all explosive materials shall be used only under close
supervision. It shall be the responsibility of the Contractor to seek and
obtain any necessary permits, and to ensure that the requirements of the
authorities are complied with, in all respects. Failure to do so may result
in the Project Manager withdrawing permission to use explosives. The
indemnification provided for, under the General Condition of Contract
shall include indemnification against all claims in respect of any incident
arising from the use of explosives.

58 Royalty Royalty (Applicable in Packages involving Civil Works)

58.1 If the Contractor intends to engage itself in quarrying or mining of

soil/earth, sand, stone/aggregates, metals, minerals or minor
minerals required for the Civil works, as the case may be, it shall
obtain necessary permits under the applicable law for such mining
or quarrying from the State/Central Government authorities and
pay the fee or charges applicable thereto.

58.2 The Civil works component of the Contract Price shall be inclusive
of any Royalties or Seigniorage Fee or Cess or other charges
payable on the quarried or mined metal, minerals, or minor
minerals, as the case may be, at the rate(s) prevailing as on seven
(7) days prior to the deadline set for Price Bid submission.

58.2.1 It shall be the responsibility of the Contractor to ensure that the

Royalties or Seigniorage Fee or Cess or other charges on the
quarried or mined metal, minerals or minor minerals are paid
to the statutory authorities.

58.2.2 The component of Royalties or Seigniorage Fee or Cess or

other charges, if applicable in a running account bill, shall only
be released by the Employer to the Contractor on submission
of the following documents in original:

A) In case the Contractor is the primary license holder of the

quarry / mines:

i) Vehicle wise challan / transit permit and proof of

payment of royalty, and

ii) Any other document required as per the relevant

Acts/Rules of the concerned state.

B) In case the Contractor is the purchaser of soil/earth, sand,

stone/aggregates, metals, minerals or minor minerals:

i) Purchase voucher and vehicle wise challan / transit

permit and proof of payment of royalty, and

ii) Any other document required as per the relevant

Acts/Rules of the concerned state.

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Clause No. GENERAL CONDITIONS OF CONTRACT (GCC)

58.2.3 In case the Contractor fails to provide the required proof of

royalty payment with the RA bill then an amount based on the
prevailing rates of the royalty shall be retained from the
respective RA bill, as security against royalty, which shall be
refunded to the Contractor on submission of proof of royalty
payment.

58.2.4 The Contractor shall pay and indemnify the Employer against
any default in payment of Royalties or Seigniorage Fee or
Cess or other charges by the Contractor or the agency from
which the Contractor purchases soil/earth, sand,
stone/aggregates, metals, minerals or minor minerals.

58.2.5 In the event of there being a statutory increase in the rates of

royalty charges/fresh levy of royalty on materials, the same
shall be reimbursed to the Contractor upon submission of
original challan by him of having made the payments at
revised rates. In the event of there being a decrease in such
rates, the same shall be recovered from the Contractor. The
base date for calculating the increase or decrease shall be
the rate as on seven (7) days prior to the deadline set for
Price Bid submission. The total reimbursement (positive or
negative) as specified above, to be paid or recovered, shall
however be calculated on the quantity of materials actually
considered while making the royalty payments to the
concerned authorities, or the theoretical consumption of these
materials (calculated on the basis of the volume of concrete
or fill accepted for payment), whichever is less, and on the
basis of documentary evidence of Govt. Notification.
However, the Contractor will settle claims, if any, on account
of over charge by the State Authorities.
59 Procedure for 59.1 The closing of the contract shall be effected after the warranty
Contract period/Defect Liability Period is successfully completed and the
Closing CPG of the Contractor is returned/ discharged.

59.2 The thirteen (13) certificates (details as per Annexure-III to SCC), as

per the proforma enclosed in Section VII (Forms and Procedures), shall
be issued by the ‘concerned departments of NVVN’/ ‘Contractor’, as
applicable, and submitted to the concerned authority designated in
NVVN for closing of Contracts.

59.3 Both the Contractor and the Employer will make necessary efforts to
complete the Contract Closing activities as per the timelines as
mentioned at clause 59.2 above.

It shall be the responsibility of the contractor to submit the drawings

alongwith the reproducibles, QA documents, O&M Manuals, List of
Spares, As Built drawings, deliverables, etc., as applicable, in a timely
and sequential manner so that the contract closing activities are not
delayed/impeded.

The Employer shall also use its best endeavors to expedite all activities
leading to successful closure of the contract. The Employer will review
and approve the documents submitted by the Contractor in a timely and
expeditious manner and the approvals shall not be unreasonably
withheld.

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 ANNEXURE -A PERFORMANCE REPORT OF CONTRACTOR

GUIDELINES FOR FILLING THE FORMAT

1.0 The feedback shall be based on records, evidences and documents (hindrance register, DPR, monthly
PRT MoM, contractor's MPR, etc). Due diligence shall be taken to capture the actual progress,
hindrances, if any from the monthly progress report to be submitted by the concerned agency. As
Daily Progress Report / Weekly Progress Report / Monthly Progress Report are key documents /
inputs for Vendor Performance measurement. Non-submission of the aforesaid documents may also
be reckoned as poor performance.

2.0 For measurement of contractor performance in various activities in supply, site execution etc, the
Contractor shall submit quantified L-2 schedule within 3 months after scheduled completion of Basic
Engg or 400 days from date of award, whichever is earlier. Based on the progress of detailed Engg,
quantified L-2 shall be updated as and when required.

3.0 This vendor performance rating system is applicable for a particular package being executed by the
report shall be prepared package wise and the screening committee may then take a final vendor. If
the same vendor is executing multiple packages in a project or at number of NVVN/NVVN projects,
the performance view for evaluating the overall performance of the vendor before initiating action for
issuance of Notice for Withholding of business dealings with the concerned contractor, in case the
performance is found unsatisfactory.

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

FORMAT FOR ENGG & QA SCORE

(TO BE FILLED IN BY NVVN)

[Link]. Parameters Max Act % age Marks

Score w.r.t. sch obtained
(A) (B) (C) =
(A)x(B)
(i) %age of “Approval” category drgs/ docs 30
submitted within submission schedule.
(ii) %age of “Information” category drgs/ docs 20
submitted within submission schedule.
(iii) %age of drgs/docs approved within approval 20
schedule (in Cat-I/IV)*
(iv) %age of drgs/docs approved within approval 20
schedule (in Cat-II/IVR)*
(v) %age of Sub-vendor proposal for items 10
identified in “DR” category & submitted within
agreed schedule (i.e. 3 months prior to
schedule date of ordering identified in L2)**
TOTAL 100

* For (iii) & (iv) above - If all drawings/documents due for approval are approved in Cat-
I/IV within approval schedule, then marks allocated against (iii) & (iv) above shall be
clubbed for calculation purpose.
** In case no “DR” proposal is submitted and orders are placed on already approved
vendors, then full marks shall be given for calculation purpose against item (v).

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

FORMAT FOR FINANCE SCORE

(TO BE FILLED IN BY NVVN ON MONTHLY BASIS DURING PRT MEETING)

S. no Parameters Max Score % Rating Marks Obtained

(A) (B) (C) = (A) *(B)
(i) Number of instances NVVN has to 25
issue Comfort letters to sub-vendors
for getting supplies.
(ii) Number of instances vendor has 25
requested for advance against BG
from NVVN (beyond contractual
provision)
(iii) Number of instances of supply delay 25
beyond 1 month after issuance of
MDCC.
(iv) Number of instances of direct 25
supply / diversion of materials /
consumables by NVVN.
TOTAL 100

*Performance to be captured by NVVN on monthly basis during PRT Meeting, based on details to be
furnished by site P&S.
*(No instances = 100%
Up to 1 instance = 50%
more than 1 instances = 0%).

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

FORMAT FOR SUPPLY SCORE

(TO BE FILLED IN BY NVVN CONTRACTS)
S. no Parameters Max Score Actual % Marks Obtained
(A) w.r.t. L2
schedule
(C) = (A) *(B)
(B)
(i) Ordering of Bought out items as per
approved L2 network*
Major Bought out items 20
Minor Bought out items 5
Number of instances of cancellation / 10
changes of BoI orders
(No instances = 100%
Up to 1 instances = 50%
more than 1 instances = 0%).
(ii) Supply of Main Equipment per approved 60
L2 network
(iii) Supply of Mandatory spares as per 5
approved L2 network
TOTAL 100

*If Major & Minor Bought out items are not separately identified in L-2 network then both shall be clubbed
into single line item with Max score of 25.

Note: Overall % of actual progress vis-à-vis L2 schedule in Col (B) shall be arrived in the following
manner:
(i) Let there be n type of Items/systems identified in L2/Quantified L2 schedule i.e.
E1, E2, E3 …..En.
(ii) Let % progress for each type of Item/system vis-à-vis L2 schedule be %E1, %E2,
%E3……%En.
(iii) Overall % in Col (B) = (%E1+ %E2+ %E3……+%En)/n

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

FORMAT FOR CONSTRUCTION/INSTALLATION SCORE

(TO BE FILLED IN BY NVVN)
S. no Parameters Max Score % of actual vis-à- Marks
(A) vis L2 schedule Obtained
(B) (C)=(A) *(B)
(i) Physical progress i.e. Installation of 95
equipment / item, Civil works (i.e.
Excavation, RCC, Piling, etc), Structural
Works (i.e. Structural Fabrication,
Erection, etc) as per approved L2 network
(ii) Project Management Capability and
resource Management by Vendor at site.
(5 Negative marks per instance)
Number of instances of delay due to (-)5
inadequate deployment of equipment and
T&P, based on record maintained in
hindrance register, monthly PRT MoM,
contractor’s MPR, etc.
Number of instances of direct payment by (-)5
NVVN to Contractor’s sub-vendors to
expedite supplies / services / the progress
of work at site affected due to strike /
delay in payments to labourers.
(iii) Submission of Monthly Report in specified 5
formats.
TOTAL 100

Details of Area-wise performance is mentioned below:

L2 Finish Actual Completed till
Sr No. Activities Scope %age Comp
Date L2 Finish
1 Excavation
2 RCC
Structural /
3 Equipment
Erection
Avg Comp %
Note: For Physical Progress, overall % of actual progress vis-à-vis quantified L2 schedule in Col
(B) shall be arrived in the following manner (Unit of measurement shall be as per approved BBU for
respective activities):

(i) Let there be n category of works identified in L-2/Quantified L2 schedule i.e. W1, W2, W3
…..Wn.

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(ii) Let % progress for each category of work vis-à-vis L2 schedule be %W1, %W2,
%W3……%Wn.
(iii) Overall %in Col (B) = (%W1+ %W2+ %W3……+%Wn)/n

Note:
• All incidences shall be relevant to the current performance evaluation cycle.
• In case of delay in front (including construction drawings for civil packages and other inputs, if any)
release by NVVN, measurement of delay in execution by the contractor shall be normalized
proportionally.
• Contractor will have to submit monthly progress report capturing actual physical progress viv-a-vis
L2 schedule and delay in hand over of front by NVVN, if any. In case of front delay the same has to
be jointly signed by NVVN engineer & Vendor.

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

FORMAT FOR QUALITY SCORE

(TO BE FILLED IN BY NVVN)
S. Parameters Max Score % Rating Marks
no (A) (B) Obtained
(C)=(A) *(B)
(i) Availability of Testing facilities 25
(Available as per contractual requirement
– 100%
Not available – 0%)
(ii) Preventing recurrence of 25
defects/complaints
(up to 5 cases – 100%,
Up to 10 cases – 40%,
more than 10 cases – 0%)
(iii) Proper Storage & Preservation of 25
Equipment/Material
(Nil violation – 100%,
Up to 1 case of violation – 40%,
more than 1 cases of violation – 0%)
(iv) Deployment of Qualified Quality 25
Officers/Manpower as per Contract
(% deployment w.r.t. contractual
requirement)
TOTAL 100

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

FORMAT FOR SAFETY SCORE

(TO BE FILLED IN BY NVVN)

S. no Parameters Max Score % Marks
(A) Rating Obtained
(B) (C)=(A) *(B)
(i) Having safety policy and approved 10
Safety Assurance Plan
(available as per requirement – 100%,
Not-available – 0%)
(ii) Violation of safety requirement as per 20
Safety Assurance Plan.
(0 violation = 100%
Upto 3 violations = 50%
more than 3 = 0%)
(iii) No. of incidence of Fatal accidents due 50
to contractor’s negligence
(0 incidence = 100%
1 incidence = 50%
more than 1 cases, or multiple
fatalities in one instance = 0%)
(iv) No. of incidence of Non-Fatal 10
accidents due to contractor’s
negligence
(0 incidence = 100%
Up to 5 incidence = 50%
more than 5 = 0%)
(v) Deployment of Qualified Safety 10
Officers as per contract
(% deployment w.r.t. contractual
requirement)
TOTAL 100

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

FORMAT FOR CLAIMS & DISPUTE SCORE

(TO BE FILLED IN BY NVVN)

S. no Parameters Max Score % Marks

Rating Obtained
(A) (B) (C)=(A) *(B)

(i) No. of cases where Contractor 70

stopped work on account of non-
admittance/non settlement of
claims
(No case = 100%
Upto 3 cases = 50%
More than 3 cases = 0%)
(ii) No. of arbitration/legal cases 30
resorted to by the Contractor
(No case – 100%, otherwise 0%)
TOTAL 100

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 PROJECT
PACKAGE
CONTRACTOR
PACKAGE AWARD DATE
PACKAGE COMPLETION DATE

Overall Performance Evaluation

S. Parameters Max Score Weightage Max Weighted

No. Score Obtained (C) Weighted Score
(A) (B) Score obtained
(D) = (A)*(C) (E) =
(B)*(C)
(i) Engineering & QA 100 0.20 20
(ii) Finance 100 0.20 20
(iii) Supply 100 0.20 20
(iv) Construction/Installation 100 0.20 20
(v) Quality 100 0.05 05
(vi) Safety 100 0.10 10
(vii) Claims & Disputes 100 0.05 05
Total 1.00 100

Note: In case of Civil Contracts, score of Engineering & QA and Supply shall be NIL and weightage
of Construction/Installation shall be 0.60.

Performance Rating

Total Weighted Score obtained Performance Grade

Upto 50 Unsatisfactory
>50 to 70 Satisfactory
>70 to 80 Good
>80 Excellent

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CONTRACT
 SECTION – V

SPECIAL CONDTIONS OF CONTRACT

(SCC)

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 SECTION - V

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract
(GCC). Wherever there is a conflict, the provisions herein shall prevail over those in the GCC. The
corresponding clause number of the GCC is indicated in parentheses.

Name of Package: DEVELOPMENT OF 8.0 MW GRID CONNECTED ROOF TOP SOLAR POWER
PROJECT AT DRDO HYDRABAD

Bid Document No.: NVVN/C&M/RE-353/2024-25

Special GCC Clause Special Conditions

Conditions Ref., if any
(SCC) No.
1 Definitions (GCC The Employer is:
Clause 1)
Name of Employer NTPC Vidyut Vyapar Nigam Limited

Address of Employer
NTPC Vidyut Vyapar Nigam Limited
5th Floor, Engineering Office Complex
Plot No. A-8A,
Sector-24,NOIDA (UP),
India-201 301

The Project Manager is:

Project Manager: Representative of Employer

The terms 'Subcontractor' and 'Sub vendor' are interchangeable and

they have the same meaning as defined under "Subcontractor" in GCC
Clause No. 1.

Time for Completion: 270 days from the date of NOA/LOA

“Site” means the land/roof and other places upon which the Facilities
are to be installed, and such other land or places as may be specified
in the Contract as forming part of the Site.

“Premise” means single or multiple buildings having one net-

meter/net-billing/gross meter.

“Entire Project” means all the premises in one or many locations

specified in the contract. For avoidance of doubt, If there are multiple
premises in one or many locations specified in the contract, then all the
premises together shall constitute the project and shall be referred to
as “Entire Project”.

“Pre-commissioning” is not applicable.

“Commissioning” shall be as defined in Technical Specification. The

same is reproduced here. “Commissioning” of the system shall refer to
the date on which the System at each location / premise starts
generating electric energy for continuous Five (05) hours using
instruments and meters including Net metering/ net billing.

A. “Completion of Facilities”/” Completion of facilities of Entire

Project”/”Completion” means that the systems at all the

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Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.
premises/locations under the contract have been successfully
commissioned, PG tests conducted and put in a tight and clean
condition and punch points attended.
“Installation Services” means all those services ancillary to the
supply of the Plant and Equipment for the Facilities, to be provided by
the Contractor under the Contract; e.g., transportation and provision of
marine or other similar insurance, inspection, expediting, Site
preparation works (including the provision and use of Contractor’s
Equipment and the supply of all construction materials required),
installation, testing, commissioning, operations & maintenance
required upto Completion of Facilities, the provision of operations and
maintenance manuals, training of Employer's Personnel etc.
2.1 Contract The Contract will be signed in two originals and the Contractor shall be
Documents provided with one signed original and the remaining original will be
(GCC Clause retained by the Employer.
2.2)
2.2 Contract The Contractor shall provide free of cost to the Employer all the
Documents engineering data, drawing and descriptive materials submitted with the
(GCC Clause bid, to form a part of the Contract immediately after Notification of
2.3) Award.
3.1 Interpretation The word “Joint Venture or consortium” in GCC Clause 3.10 stands
(GCC Clause 3) deleted.
GCC 3.10

3.2 Interpretation For the purpose of this contract, Country of Origin will be considered
(GCC Clause 3) as India.
GCC 3.13
4.1 Add the following at the end of GCC Cl 7.1:
Scope of
Facilities The scope of work also includes comprehensive Operation and
(GCC Clause 7) Maintenance (O&M) of Solar Photo Voltaic Plant for a period of Ten
GCC 7.1 (10) Years from the date of date of completion of Facilities of entire
project.

4.2 Scope of
Facilities Supply of Mandatory spares : Not Applicable
GCC 7.3
Providing price of recommended spares covered under price Schedule
No. 6: Not Applicable

GCC Clause 7.3 – Not Applicable

5.0 Time for Time for Completion:

Commencement
and Completion 270 days from the date of NOA/LOA
(GCC Clause 8)
GCC 8.2 Further, Bidder is also to provide comprehensive Operation and
Maintenance (O&M) of Solar Photo Voltaic Plant for a period of Ten
(10 ) from the date of completion of Facilities of entire project.

Furth
6.1 Employer’s GCC Clause 10.3 is deleted
Responsibilities
(GCC Clause 10)
GCC Clause 10.3

6.2 Employer’s Contractor shall provide sufficient, properly qualified operating and

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Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.
Responsibilities maintenance personnel; shall supply and make available all materials
(GCC Clause 10) and facilities ; and shall perform all work and services of whatsoever
GCC Clause 10.5 nature, to properly carry out Commissioning and Guarantee Tests,
all in accordance with the provisions of Technical Specification on or
before the time specified in the program furnished by the Contractor
under GCC Sub-Clause 18.2 (Program of Performance) hereof and in
the manner thereupon specified or as otherwise agreed upon by the
Employer and the Contractor.
7.1 Terms of Add the following at the end of GCC Cl 12.1:
Payment
(GCC Clause 12)
GCC Clause 12.1 Brief extract of payment terms as specified in detail in Appendix -I
to Form of Contract Agreement which shall be binding.

A. Schedule No.1: Plant and Equipment

(i) Five Percent (5 %) of the total Ex-Works price component as

Initial Advance Payment
(ii) Seventy Five Percent (75%) of Ex-works price component of the
Contract price for each identified equipment on receipt of
equipment at site on prorate basis and physical verification and
certification by the Project Manager for the equipment received
and stored at site.
(iii) Ten Percent (10%) of Ex-works price Component of the contract
price on successful Commissioning of the Premise (i.e net
metering/net billing/behind the meter etc) on certification by the
Project Manager.
(iv) Ten Percent (10%) of Ex-works price component of the Contract
price on Completion of Facilities of Entire Project and issuance of
Completion Certificate by the project manager.
In case the Contractor decides not to take advance payment,
then advance amount shall be paid progressively on pro- rata
basis along with the receipt payment.

B. Deleted

C. Schedule No. 2: Local Transportation

(i) Hundred Percent (100%) of Local Transportation charges

(including inland transit insurance charges) for the plant
and equipment and mandatory spares covered in
Schedule-1 shall be paid to the Contractor pro-rata to the
value of the equipment received at site and on production
of invoices by the Contractor.

D. Schedule No. 3: Installation Services excluding

operation and maintenance.

(i) Ten Percent (10%) of the Installation Services Component of the

Contract Price shall be paid to the Contractor, bearing interest at
the rate of “[SBI 1-year MCLR as on 01st April of applicable year
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Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.
+ 150 bps] per annum” as advance payment

(ii) Eighty Percent (80%) of the installation Services component of

contract price shall be paid on pro-rata basis on completion of
installation of equipments.

(iii) Ten Percent (10%) of Ex-works price component of the Contract

price on Completion of Facilities of Entire Project and issuance of
Completion Certificate by the project manager.

In case, the Contractor decides not to take interest bearing

advance payment, the advance payment shall be proportionately
adjusted in the balance payments excluding final payments.

E. Schedule No. 3: Civil Works and Allied Works etc

(i) Ten Percent (10 %) of the total Civil works Price component of
the Contract Price will be paid to the Contractor, bearing interest
at the rate of “[SBI 1-year MCLR as on 01st April of applicable
year + 150 bps] per annum” as advance payment.

(ii) Eighty Percent (80 %) of the total Civil Works Price Component
of Contract Price shall be paid progressively on certification by
the Project Manager

(iii) Ten Percent (10%) of Ex-works price component of the Contract

price on Completion of Facilities of Entire Project and issuance of
Completion Certificate by the project manager.

In case, the Contractor decides not to take interest bearing advance

payment, the advance payment shall be proportionately adjusted in the
balance payments excluding final payments

Contractor shall provide relevant technical details,

warrantee/guarantee along with sr. no. of models before release of
final payment in a format that shall be given by Employer.

F. Operation and Maintenance Charges

(i) Operation and maintenance charges including all consumable,

spares and equipment’s included in operation and maintenance
charges shall be paid on pro-rata basis every three months on
the certification of completion of work by Project Manager
Opera
7.2 Terms of Opening of Escrow Account: Not applicable
Payment (GCC
Clause 12)
GCC Clause 12.4

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Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.

7.3 Terms of Add a new clause 12.5 to GCC

Payment
(GCC Clause
12.5) Bidder shall raise only one invoice in a month for all the payments due/
works done in previous month/period.
8.1 Securities (GCC The Contractor shall, within twenty-eight (28) days of the Notification
clause 13) of Award, provide securities for the due performance of the Contract
GCC 13.3.1 for Ten Percent (10%) of Contract Price of all the Contracts, with an
initial validity up to 15 months after the Completion of Facilities of the
entire solar project under the Contract.

However, in case of delay in Completion of Facilities, the validity of all

the contract performance securities shall be extended by the period of
such delay.

After the end of successful completion of period mentioned above,

CPG shall be returned to agency provided agency has submitted
CPG @10% of O&M Contract price and Security against Equipment
Performance Guarantee during O&M Period

The BG towards O&M Performance shall be submitted prior to return

of the Contract Performance Guarantee (CPG) under the subject
package. The above O&M Performance Security shall be initially
valid upto 90 days after the end of Operation & Maintenance (O&M)
period as specified in the Technical Specifications. The above
security amount shall be payable to the Employer without any
condition whatsoever.

Security against Equipment Performance Guarantee during O&M

Period: BG for O&M.

The successful Bidder, to whom the work is awarded, shall provide

security equal to 0.1 x G x R (Where G is Annual Generation
corresponding to CUF applicable for that year and R = Rs.5.00 per
kWh) in million INR for 10 years as per contract.
__________
8.2 Securities (GCC Security Shall not be released on Pro rota basis
clause 13)
GCC 13.3.3

8.3 Securities (GCC Security for Deed of Joint Undertaking – Not Applicable/Deleted
clause 13)
GCC 13.4

9 Design And Within 07 (seven) days after receipt by the Project Manager of any
Engineering document requiring the Project Manager’s approval in accordance
(GCC Clause with GCC Sub-Clause 20.3.1, the Project Manager shall either return
20.3) one copy thereof to the Contractor with its approval endorsed thereon
GCC 20.3.2 or shall notify the Contractor in writing of its disapproval thereof and
the reasons therefor and the modifications that the Project Manager
proposes
9.1 Procurement Employer-Supplied Plant, Equipment, and Materials - Not
(GCC Clause 21) Applicable/Deleted
GCC 21.2
9.2 Completion of the Contractor shall provide the operating and maintenance personnel
Facilities (GCC and the raw materials, utilities, facilities, services and all other items,
Clause 24) as specified in the Technical Specifications, in preparation for
GCC 24.3 Commissioning.

BIDDING DOCUMENT NO.: NVVN/ C&M /RE-___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
SECTION –V (SCC) _________ SOLAR POWER PROJECT AT _______
Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.
9.3 Completion of the If the Employer is satisfied with the completion of facilities of entire
Facilities (GCC facilities as per the provisions of the Contract, Employer shall take-
Clause 24) over the facilities after completion of facilities of entire project and shall
GCC 24.8 hand over the facilities to the Contractor for care and custody of the
facilities during O&M period. Contractor shall sign the form of
indemnity-cum-undertaking agreement for the solar plant handed over
by the contractor for performance of O&M contract. The Contractor
shall be responsible for the care and custody of the Facilities or the
relevant part thereof, together with the risk of loss or damage thereto
upto the completion of O&M period.

10. Commissioning, The Contractor shall supply the operating and maintenance personnel
Guarantee Tests and all raw materials, utilities, facilities, services and all other items
and Operational required for Commissioning of the Facilities.
Acceptance
(GCC Clause 25)
GCC 25.1.1 para
2
11.1 Completion Time Applicable Rate for Liquidated Damages
Guarantee (GCC
Clause 26) A) Liquidated Damages for delay in successful Completion of
Facilities shall be as under:
GCC 26.2
If the contractor fails to achieve the successful Completion of Facilities
within the agreed work schedule, the Contractor shall pay to the
Employer as liquidated damages and not as penalty, a sum calculated
at the following rates:

(0.5% divided by 7) per day of the for each day of delay in

contract value corresponding to successfully achieving the
the capacity not commissioned Commissioning for the
Premise (i.e net metering/net
billing/behind the meter) as per
the scope of work and work
schedule defined in the
Contract.

B) Maximum Deduction for Liquidated damages for delay:

The total amount of liquidated damages for delay under the

contract will be subject to a maximum of five percent (5%) of the
total Contract Price [total of First & Second Contract] excluding
O&M

12 Defect Liability Defect Liability Period shall be as per guarantees and warranties
(GCC Clause 27) mentioned in Technical Specification for Solar Modules, Inverter and
GCC 27.2 Solar Generation Meters and/or any other item for which
guarantee/warranty is specifically mentioned (GCC in Technical
Clause 27)
Specification. For all other items/equipments in schedule C of
Technical specification, the Defect Liability Period shall be twelve (12)
months from the date of Completion of Facilities of Entire Project.

If during the Defect Liability Period any defect should be found in the
design, engineering, materials and workmanship of the Plant and
Equipment supplied or of the work executed by the Contractor,
the Contractor shall promptly, in consultation and agreement with the
Employer regarding appropriate remedying of the defects, and at its
cost, repair, replace or otherwise make good (as the Contractor shall,

BIDDING DOCUMENT NO.: NVVN/ C&M /RE-___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
SECTION –V (SCC) _________ SOLAR POWER PROJECT AT _______
Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.
at its discretion, determine) such defect as well as any damage to the
Facilities caused by such defect.
13.1 Functional The words “Appendix-8 (Functional Guarantee)” appearing in the GCC
Guarantees Clause 28 and any other places in the bidding documents shall be
GCC 28.0 read in conjunction with Technical Specifications, Section-VI of Bidding
Documents.
13.2 Functional Add the following at the end of Clause 28.1
Guarantees
GCC 28.1 The Contractor shall attain the functional guarantees for each
termination/generation solar meter as given in Technical Specification
after/before Commissioning of each premise and before the attainment
of Completion of Facilities of Entire Project.

13.3 Functional Add the following at the end of GCC Cl 28.2:

Guarantees
GCC 28.2 LD on account of non-achievement of functional Guarantees shall
be as mentioned in Technical Specification
(SCHEDULE 4: PERFORMANCE TEST AND LIQUIDATED
DAMAGES)

LD Calculation for shortfall in generation shall be as mentioned in

technical Specification
(SCHEDULE 4: PERFORMANCE TEST AND LIQUIDATED
DAMAGES)

14 Care of Facilities The Contractor shall be responsible for the care and custody of the
GCC 32.1 Facilities or any part thereof until the date of Completion of O&M
period and shall make good at its own cost any loss or damage that
may occur to the Facilities or the relevant part thereof from any cause
whatsoever during such period. The Contractor shall also be
responsible ……………...……………… referred to in paragraphs (a),
(b) and (c) of GCC Sub-Clauses 32.2 and 38.1.
15 Loss of or
Damage to
Property;
Accident or Injury
to workers;
Indemnification The Contractor shall further take Fire and peril insurance policy
(GCC Clause 33) covering the risk of fire, damage, theft of material/ equipment/
GCC Clause 33.3 properties after completion of the work(s) throughout the O&M period
on replacement cost basis.
&
During O&M period, Insurance is to be taken in the name of NVVN
Insurance from any reputed agency with Employer’s consent or from any
(GCC Clause 34) nationalized agency.
GCC 34.1 (h)
new clause
15.1 Change In The Variation of +/-15% is allowed in the contract.
Facilities
GCC 39.2

16 GCC 47 and 48 Integrity Pact and Independent External Monitors are applicable

17 General The instruments such as Power of Attorney etc which are presently
specified to be furnished on non-judicial stamp paper of
appropriate/requisite value, shall be stamped as per Indian Stamp
Act.
BIDDING DOCUMENT NO.: NVVN/ C&M /RE-___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
SECTION –V (SCC) _________ SOLAR POWER PROJECT AT _______
Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.
18 GCC [Link] The Panel of Conciliation Committees of Independent Experts (CCIE)
(Conciliation is displayed in the website https//:[Link]
Committees of
Independent
Experts)
19 GCC 46 The version of Policy for Debarment from Business dealings presently
(Debarment) followed by NVVN is Rev.04
20 New Clause Anti-Bribery and Anti-Corruption (ABAC) Policy:
The Contractor and its employees along with its Associate/
Collaborator/ Sub- Contractors / Sub-Vendors / Consultants / Service
Providers and all other persons associated with Employer in the
performance of Contract shall strictly adhere to Employer’s Anti-
Bribery and Anti-Corruption (ABAC) Policy displayed on website
[Link] under section ‘policy docs’.

The Contractor and its employees along with its Associate/

Collaborator/ Sub- Contractors / Sub-Vendors / Consultants / Service
Providers and all other persons associated with Employer in the
performance of Contract shall comply with all applicable laws and
regulations relating to anti-corruption and anti-bribery and the ABAC
Policy of Employer.
21 ANNEXURES TO SCC

1. ANNEXURE-I: LIST OF BANKS

NTPC’s Letter dated 03.09.2014 to SBI

2. ANNEXURE-II: NOT APPLICABLE

3. ANNEXURE-III: DETAILS OF CERTIFICATES REGARDING

CONTRACT CLOSING

4. Annexure-IV: DoE Order regarding Rule 144 (xi) of the

General Financial Rules (GFRs)

BIDDING DOCUMENT NO.: NVVN/ C&M /RE-___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
SECTION –V (SCC) _________ SOLAR POWER PROJECT AT _______
 ANNEXURE-I

LIST OF BANKS ACCEPTABLE FOR SUBMISSION

OF BANK GUARANTEE FOR ADVANCE PAYMENTS, PERFORMANCE SECURITIES AND SECURITIES
FOR DEED OF JOINT UNDERTAKING

SCHEDULED COMMERCIAL BANKS

A. SCHEDULED PUBLIC SECTOR BANKS

1 Bank of Baroda
2 Bank of India
3 Bank of Maharashtra
4 Canara Bank
5 Central Bank of India
6 Indian Overseas Bank
7 Indian Bank
8 Punjab National Bank
9 Punjab & Sind Bank
10 State Bank of India
11 UCO Bank
12 Union Bank of India

B. SCHEDULED PRIVATE BANKS (INDIAN BANKS)

1 Axis Bank Limited

2 Bandhan Bank Limited
3 CSB Bank Limited
4 City Union Bank Limited
5 DCB Bank Limited
6 Dhanlaxmi Bank Limited
7 Federal Bank Limited
8 HDFC Bank Limited
9 ICICI Bank Limited
10 IndusInd Bank Limited
11 IDFC FIRST Bank Limited
12 Jammu & Kashmir Bank Limited
13 Karnataka Bank Limited
14 Karur Vysya Bank Limited
15 Kotak Mahindra Bank Limited
16 Nainital Bank Limited
17 RBL Bank Limited
18 South Indian Bank Limited
19 Tamilnad Mercantile Bank Limited
20 Yes Bank Limited
21 IDBI Bank Limited

C. SCHEDULED FOREIGN BANKS

1 AB Bank PLC
2 American Express Banking Corporation
3 Australia & Newzealand Banking Group Limited
4 Barclays Bank Plc
5 Bank of America
6 Bank of Bahrain & Kuwait B.S.C.
7 Bank of Ceylon
8 Bank of China Limited
9 Bank of Nova Scotia
10 BNP Paribas
11 Citi Bank NA

BIDDING DOCUMENT NO.: NVVN/ C&M /RE-___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
SECTION –V (SCC) _________ SOLAR POWER PROJECT AT _______
 ANNEXURE-I TO SPECIAL CONDTIONS OF CONTRACT

12 Cooperatieve Rabobank U.A./ Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A.

13 Crédit Agricole Corporate and Investment Bank
14 CTBC Bank Co Ltd
15 DBS Bank India Limited (Subsidiary of DBS Bank Ltd.)
16 Deutsche Bank A.G.
17 Doha Bank Q.P.S.C
18 Emirates NBD Bank P.J.S.C.
19 First Abu Dhabi Bank PJSC
20 FirstRand Bank Ltd
21 Hong Kong and Shanghai Banking Corporation Limited
22 Industrial & Commercial Bank of China
23 Industrial Bank of Korea
24 J.P. Morgan Chase Bank N.A.
25 JSC VTB Bank
26 KEB Hana Bank
27 Kookmin Bank
28 Mashreqbank P.S.C.
29 Mizuho Bank Ltd
30 MUFG Bank, Ltd
31 NatWest Markets Plc
32 NongHyup Bank
33 PT Bank Maybank Indonesia TBK
34 Qatar National Bank (Q.P.S.C.)
35 Sberbank
36 SBM Bank (India) Limited (Subsidiary of SBM Group)
37 Shinhan Bank
38 Societe Generale
39 Sonali Bank PLC
40 Standard Chartered Bank
41 Sumitomo Mitsui Banking Corporation
42 United Overseas Bank Ltd
43 UBS AG
44 Woori Bank

D. SMALL FINANCE BANKS

1 AU Small Finance Bank Limited

2 Capital Small Finance Bank Limited
3 Equitas Small Finance Bank Limited
4 ESAF Small Finance Bank Limited
5 Suryoday Small Finance Bank Limited
6 Ujjivan Small Finance Bank Limited
7 Utkarsh Small Finance Bank Limited
8 North East Small Finance Bank Limited
9 Jana Small finance Bank Limited
10 Shivalik Small Finance Bank Limited
11 Unity Small Finance Bank Limited,

Note - Any Addition/ Deletion/ Modification in Bank list shall be as per changes in Second Schedule
List by RBI from time to time.

* Bidder to take note of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-
I/AMT-1/2014-15/370 dated 04.09.2014 attached herewith this Annexure-I to SCC.

BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED

NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
 ANNEXURE-I TO SPECIAL CONDTIONS OF CONTRACT

BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED

NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
 Annexure-III to SCC

CONTRACT CLOSING
CERTIFICATES

BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED

NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
 Annexure-III to SCC

CONTRACT CLOSING
CERTIFICATES

CERTIFICATE CERTIFICATE DESCRIPTION LIMITING DATES

RESPONSIBILITY FOR ISSUANCE OF
NO.
CERTIFICATE@
CCP-01 Certificate of Final Amendment to Corporate Contract Services 7 Months from #
the Contract
CCP-02 Drawing Receipt Certificate Corporate Engineering 2 Months from #

CCP-03 QA Documents Receipt CQA&I 2 Months from #

Certificate
CCP-04 O&M Manual Receipt Certificate Corporate Engineering 4 Months from #

CCP-05 Scope Completion Certificate Site Erection 8 Months from #

CCP-06 Liquidated Damages for Delay Certificate

(a) For cases where LD for delay is Corporate Contract Services 7 Months from #
settled by Corporate Contracts
(b) For cases where LD for delay is Concerned Site/ Regional 7 Months from #
settled by the Regions/ Site offices

CCP-07 Shortfall in Equipmen t • Corporate OS : Site 5 Months from

Performance Certificate Performance Test- Cat- Performance and
I Guarantee (PG)
• Regional OS: Site Tests
Performance Test- Cat-
II
• Site : Site Performance
Test- Cat-Ill
• CQA&I : Shop Test

CCP-08 “Material Reconciliation” Certificate Site Erection & Site 6 Months from #
Materials Mgmt.
CCP-09 "Payment Reconciliation" Site Finance 6 Months from #
Certificate : Indian Contractor

CCP-10 Certificate regarding Labour Contractor 9 Months from #

Payments and Statutory
Requirements to be furnished by
Contractor.
CCP-11 "No Demand Certificate" by Contractor 6 Months from PG
Contractor Tests/ $

CCP-12 Certificate for Completion Site Erection/ O&M* 14 Months from

of Warranty Period Trial Operation/
Completion of
Facilities

BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED

NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
 CERTIFICATE LIMITING DATES
CERTIFICATE DESCRIPTION RESPONSIBILITY FOR ISSUANCE OF
NO.
CERTIFICATE@
CCP-13 Certificate for Return of BGs/ Site Finance/ Corporate All BGs except
Indemnity Bonds etc. Finance CPG: 5 Month from
Trial Operation /
Completion of
Facilities
CPG: 15 Months
from Trial
Operation/
Completion of
Facilities

BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED

NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
 ANNEXURE-IV to SCC

BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED

NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
BIDDING DOCUMENT NO.: DEVELOPMENT OF ___ KW GRID CONNECTED
NVVN/ C&M /RE-___ /2024-25 _________ SOLAR POWER PROJECT AT _________ ANNEXURE-I TO
SECTION –V (SCC)
SCOPE OF WORK AND TECHNICAL SPECIFICATIONS

(Section-VI)

DEVELOPMENT OF 8.0 MW GRID CONNECTED

ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD

BIDDING DOCUMENT NO.: NVVN/C&M/RE-353/2024-25

 Index

Sl. No. Description Reference

1. Project Specific details Annexure-A

2. Location & site details Annexure-A1

3. Submission of Techno-Commercial Bids Annexure-A2

4. Scope of work Schedule-A

5. O&M Guidelines Schedule-B

6. Technical specifications Schedule-C

7. PERFORMANCE GUARANTEE TESTs Schedule-D

8. Remote Monitoring System Schedule-E

9. Quality Certification, Standards Appendix-1

and Testing for Grid-Connected
Solar PV Systems/Power Plants
10. Sample Project Completion Report for Appendix-2
Grid-Connected Rooftop

11. Inspection and maintenance schedule Appendix-3

12. Appendix-4
Monthly O&M report

13. Appendix-5
Additional Requirement for Ground Mounted
(if applicable)
PART-A
 Annexure-A

Particulars Description

Brief scope of Design, Install and Operate Rooftop Solar Photo Voltaic (PV) Project at various
works premises / buildings as mentioned in Annexure A1.
To be awarded By NVVN/ by NVVN On behalf of client / will be awarded by client

Name of premises As Per Annexure-A1.

/ locations along
with CUF and
capacity
Contract period for 9 months
completion of
facilities
O&M Period 10 Years from the date of Completion of Facilities.
Supply of Not required
mandatory spares
/ Recommended
spares
Requirement of Mandatory / not mandatory
site survey
Milestone Attached as annexure A2
schedule
Electrical Interconnection Details
Evacuation As per State solar policy/SERC/Discom
Voltage
Power for Construction power will be provided at one point of each location. Necessary
Construction arrangement including cabling, metering, etc. to draw power at required locations
shall be done by bidder within the quoted price. The energy consumed shall be
chargeable as per discom rates.
Water Water shall be provided free of cost for construction and periodical cleaning of
modules at one point of each location. Additional connection points may also be
allowed subject to feasibility. However necessary arrangement including pipe
laying, pumping, metering, etc. to draw water at required locations shall be done
by bidder within the quoted price.
Access to Roofs Bidder has to make permanent MS ladders at buildings wherever access to the
Rooftops is not available
Performance Parameters / Guarantees
Minimum values of 75%.
PR
GHI Values Shall be as per PV Syst Software 7.4.5 version or latest version using Meteonorm
8.1 data.
 Calculation of In case of shortfall in PR, tariff factor is ₹ 5 /kWh and shall be calculated as stated
penalty in case of at sl. No i in schedule -D.
Shortfall of PR
calculation of In case of shortfall in annual CUF, tariff factor is ₹ 5/kWh and shall be calculated
penalty for as stated at sl. No ii in schedule -D.
shortfall in
equipment
performance
Special conditions Extended warrantee of 10 years from manufacturers shall be taken for solar panels,
Inverters and solar meters. For further details pl. refer to Schedule C.
Remote Metering Facility to be provided as per Technical Specifications.

Site Visit Bidders are advised to visit the site and collect all necessary information
required for installation of solar PV plants, before submission of their bids. No
additional claim shall be entertained in this regard.

For site visit Pl. coordination the below mentioned:

Sh. Sanjay Singh
Email: sanjaysinghnvvn@[Link]
Mob:+91-7982255096
ANNEXURE-A1

Sl AC RT / GM Minimum DC/AC Ratio

No. Location / Description Capacity(KW) CUF
1 DRDO Hyderabad 8000 18% Rooftop 1.1/1.0
RT : Rooftop solar GM: Ground mounted solar

Estimat
Name of
S. ed
Organisatio Name of Premises City
No. Capacity
n
(kW)
Hyderaba
1 DRDO EMU Hyderabad d 1000.00
Hyderaba
2 DRDO CAS Hyderabad d 200.00
Hyderaba
3 DRDO PCDA Hyderabad d 300.00
DG- Mess + Parking Hyderaba
4 DRDO Hyderabad d 300.00
Hyderaba
5 DRDO TF5 RCI Hyderabad d 6080.00
Hyderaba
6 DRDO DLRL Hyderabad d 120.00
TOTAL 8000.00

The DC to AC ratio stated above is the minimum. However, bidder may increase the same to comply the CUF
requirements.
 SCHEDULE A
1. SCOPE OF WORK

The Solar Photo Voltaic (PV) installation on various premises / buildings as mentioned in Annexure A1
of Section VI on shadow free area. The final plant capacity shall be as per the detailed engineering and
approved design for each of the building.
Permanent MS Staircase/ladder of minimum width 1.0m & finished with primer & weather resistant
enamel paint for roof top access shall be provided for each building where the Roof Top Solar PV
panels are to be installed and roof access is not available.
B. The bidder shall be exclusively responsible for preliminary visual assessment of roof, water &
electricity arrangements, security and determining optimal capacity for setting up of Solar PV Plants
and O&M activities for a period as stated in annexure-A.
C. The project site shall be handed over to the bidder on as is where is basis. The bidder should inspect
and examine the site and its surroundings and should satisfy himself as to the nature of the roof,
the quantities and nature of work, materials necessary for completion of the work and their
availability, means of access to site and in general shall himself obtain all necessary information as
to risks, contingencies and other circumstances which may influence or affect his offer.
D. Design, engineering, supply, civil construction, erection, testing and Commissioning of the system as
per design and specifications and connecting to existing Mains / ACDB / feeder Pillars and
interfacing internal electrical loads of Project’s License’s network/electrical loads. The bidder would
have to take approval for the interfacing of the Project with Grid/Electrical Loads from distribution
licensee/ CEIG etc. as applicable.
E. The bidder shall provide a suitable Solar PV module cleaning/ water washing system. The bidder
shall also arrange water from the nearest service water line with necessary CPVC piping, pumping,
metering or any other suitable arrangement and provide adequate number of waters taps with
isolating valves depending on the roof area/location. Further bidder shall provide at least one
portable water pressure cleaning system for any emergency.
F. The bidder shall Provide a Remote Monitoring System (“RMS”). The system shall transmit various
parameters of inverter, Solar energy meter and weather data to the solar energy data management
system (SEDM) established by NVVN at a centralized location. The bidder shall arrange for Internet
connection including operational charges and all other necessary accessories for Operation of the
RMS throughout the contract period.
G. All materials, manpower, scaffolding materials, machinery, tools, and tackles, transportation &
loading/unloading, packaging and unpackaging, safe storage, watch and ward, etc. all inclusive, shall
be arranged by the bidder within the quoted price. Scope shall cover all type of transportation of
materials inside the working site and manpower etc. required to execute and complete the work.
Underground cabling work, if required to evacuate solar project to the consumer’s panels shall also
be in the scope of bidder.
H. Commissioning of the system at a premise / location shall refer to the date on which the System at
that location / premise starts generating electric energy for continuous Five (05) hours using
instruments and meters including Net metering/ net billing/ Behind the meter etc.
I. “Completion of Facilities” means that the systems at all the premises/locations under the contract
have been successfully commissioned, PG tests conducted and put in a tight and clean condition
and punch points attended and the date of commencement of Operation and maintenance period
has been declared by NVVN.
J. Obtaining approval for net metering / net billing/ Group net metering / Behind the meter. Any fee
related to registration of project / NOC / from any of the state departments and maintaining its
validity throughout the O&M period shall be borne by the bidder.
K. It should be ensured by the bidder that the roofs are not getting damaged during installation and
O&M period. After installation of solar PV system, the roofs should remain waterproof as before. If
any damage is caused to the roof by the bidder, the same is to be rectified immediately by the
bidder within the quoted price and without any additional cost to NVVN.
L. Lifeline: The bidder shall provide suitable lifeline arrangement on the roof as per requirement, to
enable the safety of workers while working at height during erection and O&M period. The workers
working at site should have passed the Vertigo test and should have undergone proper training for
safe working at height, should have been trained to use safety PPEs including Safety belts with
double hooking system. The bidder shall follow the safety rules of NVVN as mentioned in Bid
Document. All safety PPEs like safety shoes, helmet, belt, lifeline, fall arrester etc. are to be
provided by the bidder within the quoted price.
M. Fall arrester: As per site requirement, bidder may also have to install fall arrester and safety net to
ensure safe working, the design of fall arrester and specifications of safety net to be installed shall
be submitted to NVVN for review prior to start of work to ensure safety of workers during
execution.
N. Walkway: As per site requirement, the bidder must install and maintain G.I. walkway with anti-skid
holes on the roof with toe guard to ensure safety during solar project work and during O&M period.
The minimum width of the walkway shall be [Link] shall be installed on the rooftop
before the start of solar project installation work, so that the safety of worker can be ensured and
damage to roof sheet can be avoided.
O. Bidder shall take all necessary safety measures during erection as well as during operation and
maintenance including compliance to specific safety guidelines at Chapter X, sl. No 121 of CEA
safety regulations 2023.
P. Bidder has to submit the standard operating procedure (SOP) /Safety protocol before start of work
for Engineer-In-Charge/NVVN authorized representative approval. Records of Toolbox Talk and
Attendance of Labour shall form part of the supporting documents for claiming amount linked to
safety.
Q. Insurance:
i. Before commencement of the work, the Bidder shall ensure that all its employees and
representatives are covered by suitable insurance against any damage, loss, injury or death
arising out of the execution of the work. Liquidation, Death, Bankruptcy etc., shall be the
responsibility of Bidder. Further the Bidder may refer to relevant clauses of GCC, SCC and the
Contract Agreement of IFB.
ii. Bidder shall take third party liability insurance for deployed workmen, employees against any
damage, loss, injury, or death arising out of the O&M work.
iii. The Bidder shall further take Fire and peril insurance policy covering the risk of damage, theft of
material/ equipment/ properties after completion of the work(s) throughout the O&M period.
The insurance shall be for the replacement value of the project to ensure guaranteed minimum
generation.
R. Bidder also to provide comprehensive Operation and Maintenance (O&M) of the plants for a period
stated in annexure-A from the date of Completion of Facilities.
S. Warranty and guarantees: The Bidder shall also provide extended warrantee from manufacturers
for Solar Modules, PCU and Generation Solar Meter as stated in schedule C. The responsibility of
 operation of warranty and guarantee clauses and claims/ settlement of issues arising out of said
clauses shall be responsibility of the Bidder and NVVN will not be responsible in any way for any
claims whatsoever on account of the above for the period of the contract.
T. During O&M period, the bidder shall be responsible for supply of all spare parts as required from
time to time for scheduled and preventive maintenance, major overhauling of the plant,
replacement of all defective equipment including defective PV Modules, Inverters, Transformers
etc. and maintaining log sheets for operation detail, deployment of staff for continuous operations
and qualified engineer for supervision of O&M work, complaint logging & its attending. All PV
modules shall be cleaned regularly, and water washed at least once a fortnight. The Minimum
Annual CUF at evacuation point/delivery point required to be achieved in the first year and
subsequent years after acceptable module degradation factor are mentioned in Annexure-A in bid
document.

2. SUBMISSION OF PROJECT COMPLETION REPORT (PCR)

The bidder shall submit the Project Completion Report (both in editable soft copy and signed hard
copy) after commissioning of the project as per the Scope of RFS to NVVN as per the Format provided
by NVVN.
This shall also include relevant technical details, warrantee/guarantee certificates along with sr. no. of
models before release of final payment in a format that shall be given by Employer. For details pl refer
appendix 2.

3. PROJECT INSPECTION
The project progress will be monitored by NVVN and the projects will be inspected for quality at any
time during erection, commissioning or after the completion of the project either by officer(s) from
NVVN or any agency/ experts designated / Authorized by NVVN from time to time. NVVN shall depute
a technical person(s) from its list of empaneled experts/ agencies updated from time to time for
inspection, Third party verification, monitoring of system installed to oversee, the implementation as
per required standards and also to visit the manufacturer’s facilities to check the quality of products as
well as to visit the system integrators to assess their technical capabilities as and when required. The
cost of Inspection to be carried out by NVVN shall be borne by NVVN. The cost of re-inspection, if any
shall be borne by Bidder. The projects shall be inspected at any time during erection, commissioning or
after the completion of the project.
1.

SCHEDULE-B
OPERATION & MAINTENANCE (O & M) GUIDELINES TO BE MANDATORILY
FOLLOWED BY BIDDERS
1) The bidder shall be responsible for all the required activities for successful operation and
maintenance of the Rooftop / Ground mounted solar PV system for a period of 10 years from
the date of Completion of Facilities of the entire package.

2) O&M of Solar Power Plant shall be compliant with grid requirements to achieve committed
energy generation.

3) Deputation of qualified and experienced engineer/ technicians throughout the O&M period
at project site.

4) The modules shall be cleaned with a periodic interval of 15 days or earlier as per actual site
conditions.

5) Periodic checks of the Modules, PCUs and BoS shall be carried out as a part of routine
preventive and breakdown maintenance.

6) Immediate replacement of defective Modules, Invertors/PCUs and other equipment as and

when required. Supply of all spares, consumables and fixtures as required. Such stock shall
be maintained for equipment and materials as per the manufacturer’s / supplier’s
recommendations.

7) All the testing and metering instruments required for Testing, Commissioning and O&M shall
be calibrated or have valid calibration certificate.

8) If negligence/ mal-operation on part of the Bidder’s operator results in failure of equipment,

such equipment should be repaired/ replaced by the Bidder free of cost.

9) Co-ordination with owner / DISCOM / CEIG as per the requirement for Joint Metering Report
(JMR). The bidder’s site representative shall take a joint meter reading in the presence of
rooftop owner monthly. The bidder shall furnish the previous month’s generation data (JMR)
to NVVN positively by 1st week of every month.

10) Online Performance Monitoring, controlling, troubleshooting, maintaining logs & records. A
maintenance record register is to be maintained by the operator with effect from
Commissioning to record the regular maintenance work carried out as well as any preventive
and breakdown maintenance along with the date of maintenance, reasons for the
breakdown, duration of the breakdown, steps taken to attend the breakdown, etc.

11) The bidder shall send the periodic plant output details to NVVN for ensuring the CUF. The
periodic output report shall also include grid outage authenticated by customer and also
monthly CUF and cumulative running CUF for the year.
12) In case of any fault in the system, the bidder has to ensure a response time of 24 hours and
maximum expected turnaround time of 72 hours (under special circumstances, additional time
limit may be considered).
 SCHEDULE – C
TECHNICAL SPECIFICATIONS
1. Solar PV modules

i. The PV modules shall be purchased from class-I local supplier. Bidder shall
comply with MNRE Notification dated 29.04.2024 regarding Approved
Models and Manufacturers of Solar Photovoltaic Modules (Requirement
for Compulsory Registration) Order, 2019 and its amendments issued
time to time.
ii. The PV modules used must qualify to the latest edition of IEC standards or
equivalent BIS standards, i.e. IEC 61215/IS14286, IEC 61853-Part I/IS
16170-Part I, IEC 61730 Part-1 &Part 2 and IEC 62804 (PID). For the PV
modules to be used in a highly corrosive atmosphere throughout their
lifetime, they must qualify to IEC 61701/IS 61701.
iii. The temperature co-efficient power of the PV module shall be equal to or
better than – 0.40%/°C.
iv. Solar PV modules of minimum capacity 540 Wp to be used with yearly
degradation factor not more than 0.7%.
v. The PV Module efficiency should be minimum 21%.
vi. Solar PV module shall have valid BIS registration.
vii. All electrical parameters at STC shall have to be provided.
viii. The PV modules shall be equipped with IP 65 or better protection level
junction box with required numbers of bypass diodes of appropriate
rating and appropriately sized output power cable of symmetric length
with MC4 or equivalent solar connectors.
ix. Solar PV modules used in solar power plants/ systems must be warranted
for their output peak watt capacity, which should not be less than 90%
at the end of 10 years and 80% at the end of 25 years.
If module(s) fail(s) to exhibit such power output in the prescribed time
span, the Contractor will either deliver additional PV Module(s) to
compensate the missing power output for complete period of 25 years
with no change in area of land / rooftop used or replace the PV
Module(s) with no change in area of land/rooftop used at Owner’s sole
option.
x. The bidder should get a material warranty from the manufacturer for the
Solar Module(s) to be free from the defects and/or failures specified
 below for a period not less than ten (10) years from the date of
purchase which shall not be before the date of LOA.
a) Defects and/or failures due to manufacturing.
b) Defects and/or failures due to quality of materials.
c) Nonconformity to specifications due to faulty manufacturing and/or
inspection processes. If the solar Module(s) fails to conform to this
warranty, the manufacturer will repair or replace the solar
module(s), at the Owners sole option.
xi. PV modules must be tested and approved by one of the NABL accredited
and BIS approved test centers.
xii. Modules deployed must use a RF identification tag laminated inside the
glass. The following information must be mentioned in the RFID used on
each module:
a) Name of the manufacturer of the PV module
b) Name of the manufacturer of Solar Cells.
c) Month & year of the manufacture (separate for solar cells and
modules)
d) Country of origin (separately for solar cells and module)
e) I-V curve for the module Wattage, Im, Vm and FF for the module
f) Unique Serial No and Model No of the module
g) Date and year of obtaining IEC PV module qualification certificate.
h) Name of the test lab issuing IEC certificate.
i) Other relevant information on traceability of solar cells and module
as per ISO 9001 and ISO 14001.
j) Nominal wattage +3%
k) Brand Name, if applicable.
xiii. Unique Serial No, Model No, Name of Manufacturer, Manufacturing year,
Make in India logo and module wattage details should be displayed
inside the laminated glass.
xiv. The modules shall be fitted with water syphoning arrangement wherever
necessary to prevent water stagnation on the bottom modules.
xv. The PV cells in a crystalline silicon module shall be protected by
encapsulation between front glass and back sheet/back glass. The glass
 shall be made of high transmissivity and front surface shall give high
encapsulation gain.
xvi. Bidder shall submit Self-certified Electro- Luminescence (EL) Test reports
of all the Crystalline Silicon based PV Modules being offered to NVVN.

2. Inverter/PCU
i. Inverters/PCU should be purchased from Class I supplier and shall
comply with applicable IEC/equivalent BIS standard for efficiency
measurements and environmental tests as per standard codes IEC
61683/IS 61683, IS 16221 (Part 2), IS 16169 and IEC 60068-2(1,2,14,30)
/Equivalent BIS Std.
ii. Maximum Power Point Tracker (MPPT) shall be integrated in the
inverter/PCU to maximize energy drawn from the array. Charge
controller (if any) / MPPT units environmental testing should qualify IEC
60068-2(1, 2, 14, 30)/Equivalent BIS standard. The junction
boxes/enclosures should be IP 65 or better (for outdoor)/ IP 54or
better (indoor) and as per IEC 529 Specifications.
iii. All inverters/PCUs shall be IEC 61000 compliant for electromagnetic
compatibility, harmonics, Surge, etc. PCU/inverter should also be DG
set interactive. The PCU should also have provision of charge controller
in case of systems. The PCU shall have a minimum comprehensive
warranty of 10 years.
iv. The PCU/ inverter shall have an overloading capacity of minimum 20%.
v. Typical technical features of the inverter shall be as follows-
a) Switching devices: IGBT/MOSFET
b) Control: Microprocessor/DSP
c) Nominal AC output voltage and frequency: as per CEA/State
regulations
d) Output frequency: 50 Hz
e) Grid Frequency Synchronization range: as per CEA/State Regulations
f) Ambient temperature considered: -20°C to 60°C
g) Humidity: 95 % non-condensing
h) Protection of Enclosure: IP-54 (Minimum) for indoor and IP-
65(Minimum) for outdoor.
i) Grid Frequency Tolerance range: as per CEA/State regulations
 j) Grid Voltage tolerance: as per CEA/State Regulations
k) No-load losses: Less than 1% of rated power
l) Inverter efficiency (Min.): >93% (In case of 10 kW or above with in-
built galvanic isolation)
Inverter efficiency (Min.): >97% (In case of 10 kW or above without
inbuilt galvanic isolation)
Inverter efficiency (Min.): > 90% (In case of less than 10 kW)
m) THD: < 3%
n) PF: > 0.9 (lag or lead)
o) Should not inject DC power more than 0.5% of full rated output at
the interconnection point and comply to IEEE 519.
p) The PCU / inverter shall have a minimum comprehensive warranty of
10 years from the date of purchase which shall not be before the
date of LOA.
q) The PCU/Inverter shall be capable of controlling power factor
dynamically. PCU/inverter should be equipped with components
required to support reactive power.
vi. The output power factor of inverter should be suitable for all voltage
ranges or sink of reactive power, inverter should have internal
protection arrangement against any sustain fault in feeder line and
against the lightning on feeder.
vii. All the Inverters should contain the following clear and indelible
Marking Label & Warning Label as per IS16221 Part II, clause 5. The
equipment shall, as a minimum, be permanently marked with:
a) The name or trademark of the manufacturer or supplier;
b) A model number, name or other means to identify the equipment,
c) A serial number, code or other marking allowing identification of
manufacturing location and the manufacturing batch or date within
a three-month time period.
d) Input voltage, type of voltage (a.c. or d.c.), frequency, and maximum
continuous current for each input.
e) Output voltage, type of voltage (a.c. or d.c.), frequency, maximum
continuous current, and for a.c. outputs, either the power or power
factor for each output.
f) The Ingress Protection (IP) rating
viii. Marking shall be located adjacent to each fuse or fuse holder, or on the
fuse holder, or in another location provided that it is obvious to which
fuse the marking applies, giving the fuse current rating and voltage
rating for fuses that may be changed at the installed site.
ix. In case the consumer is having a 3-ϕ connection, 3-ϕ inverter shall be
provided by the bidder as per the consumer’s requirement and
regulations of the State.
x. Inverter/PCU shall be capable of complete automatic operation
including wake-up, synchronization & shutdown.
xi. The Inverter should have a provision of remote monitoring of all the
inverter data and shall be connected to the remote monitoring system
through RS 485 communication for onward integration with NVVN’s
centralized Solar Energy Data Management (SEDM) platform.
xii. Integration of PV system with Grid & Grid Islanding:
a) The output power from SPV would be fed to the inverters/PCU which
converts DC produced by SPV array to AC and feeds it into the main
electricity grid after synchronization.
b) In the event of a power failure on the electric grid, it is required that
any independent power-producing inverters attached to the grid turn
off in a short period of time. This prevents the DC-to-AC inverters
from continuing to feed power into small sections of the grid, known
as “islands.” Powered islands present a risk to workers who may
expect the area to be unpowered, and they may also damage grid-
tied equipment. The Rooftop PV system shall be equipped with
islanding protection. In addition to disconnection from the grid (due
to islanding protection) disconnection due to under and over voltage
conditions shall also be provided, if not available in inverter.
c) MCB/MCCB or a manual isolation switch, besides automatic
disconnection to grid, would have to be provided at utility end to
isolate the grid connection by the utility personnel to carry out any
maintenance. This switch shall be locked by the utility personnel.
xiii. PCU front panel shall be provided with display (LCD or equivalent) to
monitor the following:
A. DC power input
B. DC input voltage
C. DC current
D. AC output power
 [Link] voltage (all the 3 phases)
F. AC current (all the 3 phases)

xiv. Protection required in Inverter (minimum)

A. Input side disconnection switch
B. Earth leakage /Ground fault monitoring
C. DC reverse polarity protection
D. DC over voltage / current limitation protection
E. AC short circuit/Earth fault protection
F. AC over voltage / current limitation protection
G. DC and AC side surge protection (MOV)in built
H. Anti- islanding protection

xv. The PCU shall have arrangement for adjusting DC input current and
should trip against sustainable fault downstream and shall not start till
the fault is rectified.
xvi. The PCU shall be able to withstand an unbalanced load conforming to
IEC standard and relevant electricity condition. The PCU shall include
appropriate self-protective and self-diagnostic features to protect itself
and the PV array from damage in the event of PCU component failure
or from parameters – beyond the PCU’s safe operating range due to
internal or external causes.
xvii. PCU shall go to shutdown/standby mode, with its contacts open, under
the following conditions before attempting an automatic restart after
an appropriate time delay.
xviii. When the power available from the PV array is insufficient to supply
the losses of the PCU, the PCU shall go to standby/shutdown mode.
xix. The PCU control shall prevent excessive cycling of shut down during
insufficient solar irradiance.
3. Module Mounting Structure (MMS)
i. Supply, installation, erection, and acceptance of module mounting
structure (MMS) with all necessary accessories, auxiliaries and spare
part shall be in the scope of the work.
ii. The design calculations shall be supplemented with neat sketch and
reference to various clauses of technical specification and Indian
standards. For MMS design analysis and determination of forces, where
computer program (preferably STAAD) is used, the contractor shall
submit a write- up on computer program used and its input and output
data for review and approval of NVVN. It may be ensured that the
design has been certified by a recognized Lab/ Institution/chartered
 Engineer in this regard and submit wind loading calculation sheet to
NVVN.
iii. Module mounting structures can be made from three types of materials.
They are Hot Dip Galvanized Iron, Aluminium and Hot Dip Galvanized
Mild Steel (MS). However, MS will be preferred for raised structure.
iv. MMS Steel shall be as per latest IS 2062:2011 and galvanization of the
mounting structure shall be in compliance of latest IS 4759. MMS
Aluminium shall be as per AA6063 T6. For Aluminium structures,
necessary protection towards rusting need to be provided either by
coating or anodization.
v. All bolts, nuts, fasteners shall be of stainless steel of grade SS 304 or hot
dip galvanized, panel mounting clamps shall be of aluminium and must
sustain the adverse climatic conditions. Structural material shall be
corrosion resistant and electrolytically compatible with the materials
used in the module frame, its fasteners, nuts and bolts.
vi. Structural material shall be corrosion resistant and electrolytically
compatible with the materials used in the module frame and
associated fasteners, nuts & bolts.
vii. The upper edge of the module must be covered with wind shield so as to
avoid build air ingress below the module. Slight clearance must be
provided on both edges (upper & lower) to allow air for cooling.
viii. Suitable fastening arrangements such as grouting and calming should be
provided to secure the installation against the specific wind speed. The
bidder shall be fully responsible for any damage to SPV System caused
due to high wind velocity within guarantee period as per technical
specification.
ix. The structures shall be designed to allow easy replacement, repairing and
cleaning of any module. The array structure shall be so designed that it
will occupy minimum space without sacrificing the output from the SPV
panels. Necessary testing provision for MMS to be made available at
site.
x. Adequate spacing shall be provided between two panel frames and rows
of panels to facilitate personnel protection, ease of installation,
replacement, cleaning of panels and electrical maintenance.
xi. The structure shall be designed to withstand operating environmental
conditions for a minimum period of 25 years.
 xii. Module Mounting Structures shall be designed as per IS 875 part III. Basic
wind speed shall be as per IS 875 (Part 3) based on survey of India
Political map printed in 2002 and its latest editions.
xiii. The Mounting structure shall further take into account cyclonic winds in
coastal area and structures in coastal areas shall be painted with
marine paint.
xiv. Aluminum frames should be avoided for installations in coastal areas.
xv. No welding is allowed on the mounting structure.
xvi. The Bidder is responsible for the waterproofing of the roof disturbed/
pierced for installation of Project throughout the Project installation
period and Comprehensive O&M period. The Bidder should
immediately take the necessary action to repair any damage to the
waterproofing.
xvii. The Rooftop Structures may be classified in 3 broad categories.
a) Ballast structure
i. For flat RCC Roofs, the mounting structure must be Non-
invasive ballast type and any sort of penetration of roof to
be avoided.
ii. The minimum clearance of the structure from the roof level
should allow ventilation for cooling, also ease of cleaning
and maintenance of panels as well as cleaning of terrace.
iii. The structures should be suitably loaded with reinforced
concrete blocks of appropriate weight with Nominal Mix
1:1.5:3 with 20mm nominal size having compressive
strength of 25Mpa after 28 days of curing.
b) Structure with Anchor fastener
i. For inclined/ Dome type RCC Roofs, the mounting structure
shall be fixed on the roof with proper fasteners/bolts along
with chemical grouting and sealing.
ii. The roof should remain waterproof after erection of the
structure.
c) Metallic roof structure
i. The structure design should be as per the slope of the metallic
roof.
ii. Minimum thickness of the structural members shall be 2mm
 iii. Fixing of module mounting structures shall not cause any
damage to the roof. The roof should remain waterproof.
iv. Proper walk way and life line shall be provided.
v. The inclination angle of structure can be done in two ways:
A. With same tilt angle based on the slope of roof to get the
maximum output.
B. The base of structure should be connected on the Purlin
of roof with the proper fastening arrangement.
4. Metering
i. A Roof Top Solar (RTS) Photo Voltaic (PV) system shall consist of
following energy meters:
a) Net meter: To record import and export units and shall be as
per DISCOM specifications.
b) Generation Solar meter(s): To keep record for total generation
of the plant at each termination. The solar meter shall be
having warranty for a minimum period of 10 years from the
date of purchase, which shall not be before the date of LOA. In
case solar meter is supplied by DISCOM and is not having
warrantee of 10 years, Bidder has to bear the cost of its
replacement in case of any defect.
c) The installation of meters including CTs & PTs, wherever
applicable, shall be carried out by the bidder as per the terms,
conditions and procedures laid down by the concerned
SERC/DISCOMs.
d) Solar energy meters shall be connected to the remote
monitoring system through RS 485 communication for onward
integration with NVVN’s centralized Solar Energy Data
Management (SEDM) platform.
e) In case access to the generation solar meter is not available for
remote metering, another energy meter shall be provided for
remote metering.
5. Array Junction Boxes:
i. The junction boxes are to be provided in the PV array for termination
of connecting cables. The Junction Boxes (JBs) shall be made of
GRP/FRP/Powder Coated aluminum /cast aluminum alloy with full
dust, water & vermin proof arrangement. All wires/cables must
 be terminated through cable lugs. The JBs shall be such that input
& output termination can be made through suitable cable glands.
Suitable markings shall be provided on the bus-bars for easy
identification and cable ferrules will be fitted at the cable
termination points for identification.
ii. Copper bus bars/terminal blocks housed in the junction box with
suitable termination threads Conforming to IP 65 or better
standard and IEC 62208 Hinged door with EPDM rubber gasket to
prevent water entry, Single /double compression cable glands
should be provided.
iii. Polyamide glands and MC4 Connectors may also be provided. The
rating of the junction box shall be suitable with adequate safety
factor to interconnect the Solar PV array.
iv. Suitable markings shall be provided on the bus bar for easy
identification and the cable ferrules must be fitted at the cable
termination points for identification.
v. Junction boxes shall be mounted on the MMS such that they are
easily accessible and are protected from direct sunlight and harsh
weather.
6. DC Distribution Box (DCDB):
i. May not be required for small plants, if suitable arrangement is
available in the inverter.
ii. DC Distribution Box are to be provided to receive the DC output from
the PV array field.
iii. DCDBs shall be dust & vermin proof conform having IP 65 or better
protection, as per site conditions.
iv. The bus bars are made of EC grade copper of required size. Suitable
capacity MCBs/MCCB shall be provided for controlling the DC
power output to the inverter along with necessary surge
arrestors. MCB shall be used for currents up to 63 Amperes, and
MCCB shall be used for currents greater than 63 Amperes
7. AC Distribution Box (ACDB):
i. AC Distribution Panel Board (DPB) shall control the AC power from
inverter, and should have necessary surge arrestors, if required.
There is interconnection from ACDB to mains at LT Bus bar while
in grid tied mode.
 ii. All switches and the circuit breakers, connectors should conform to
IEC 60947:2019, part I, II and III/ IS 60947 part I, II and III.
iii. The isolators, cabling work should be undertaken as part of the
project.
iv. All the Panels shall be metal clad, totally enclosed, rigid, floor
mounted, air -insulated, cubical type suitable for operation on 1-
ϕ/3-ϕ, 415 or 230 volts, 50 Hz (or voltage levels as per CEA/State
regulations).
v. The panels shall be designed for minimum expected ambient
temperature of 45 degree Celsius, 80 percent humidity and dusty
weather.
vi. All indoor panels will have protection of IP 54 or better, as per site
conditions. All outdoor panels will have protection of IP 65 or
better, as per site conditions.
vii. Should conform to Indian Electricity Act and CEA safety regulations
(till last amendment).
viii. All the 415 or 230 volts (or voltage levels as per CEA/State
regulations) AC devices / equipment like bus support insulators,
circuit breakers, SPDs, Voltage Transformers (VTs) etc., mounted
inside the switchgear shall be suitable for continuous operation
and satisfactory performance under the following supply
conditions.
a) Variation in supply voltage: as per CEA/State regulations
b) Variation in supply frequency: as per CEA/State
regulations
ix. The inverter output shall have the necessary rated AC surge
arrestors, if required and MCB/ MCCB. RCCB shall be used for
successful operation of the PV system, if inverter does not have
required earth fault/residual current protection.
x. CODE AND STANDARDS:-

IS Details
IEC 60947/ IS13947 Low-voltage switchgear and control gear
IS 2705 Current Transformers
IS 3043 Code of practice for earthing.
IS 3072 Code of practice for installation and maintenance
of Switchgear
 IS 3156 Voltage Transformers
IS 3202 Code of practice for climate proofing of electrical
equipment.
IS 3231 Electrical relays for power system protection.
IS 13703 /IEC 60269 HRC Cartridge fuses
IS 10118 Code of practice for selection, installation and
(4 parts) maintenance of switchgear and control gear.
IEC 60255 Electrical Relays

8. Protections
The system should be provided with all necessary protections like
earthing, Lightning, and Surge Protection as per CEA Safety regulations
2023 as described below.
i. Earthing Protection
a) The earthing shall be done in accordance with latest
Standards. This specification is intended to outline the
requirement of earthing for Solar Array (DC Side) and
AC power block side of Solar PV Plant. It is not the
intent of the specification to specify all details of design
and construction since the bidder has full responsibility
for engineering and implementation of earthing system
meeting the functional requirement. Any additional
equipment, material, services which are not mentioned
herein but are required for installation , testing and
commissioning of earthing system for safe and
satisfactory operation of plant shall be included under
scope of the bidder.

b) Each array structure of the PV yard, Low Tension (LT)

power system, earthing grid for switchyard, all
electrical equipment, inverter, all junction boxes, etc.
shall be grounded properly as per IS 3043-2018.

c) Metallic frame of all electrical equipment shall be earthed

by two separate and distinct connections to earthing
system, each of 100% capacity.
 ii. Lightning Protection
a) The SPV power plants shall be provided with lightning &
over voltage protection, if required. The main aim in
this protection shall be to reduce the overvoltage to a
tolerable value before it reaches the PV or other sub
system components. The source of over voltage can be
lightning, atmosphere disturbances etc.
b) The entire space occupying the SPV array shall be suitably
protected against Lightning by deploying required
number of Lightning Arrestors (Las). Lightning
protection should be provided as per NFC17-
102:2011/IEC 62305 standard.
c) Lightning Mast / conductor, placed at strategic locations,
shall be used to protect the arrays against lightning
protection.
d) The protection against induced high-voltages shall be
provided by the use of Metal Oxide Varistors
(MOVs)/Franklin Rod type LA/Early streamer type LA.
iii. Surge Protection
a) Internal surge protection, wherever required, shall be
provided.
b) It will consist of three SPD type-II/MOV type surge
arrestors connected from +ve and –ve terminals to
earth.
9. CABLES
i. All cables should be of the latest edition of IEC/equivalent BIS
Standards (ISI marked) along with IEC 60227/IS 694, IEC
60502/IS 1554 standards.
ii. Cables should be flexible and should have good resistance to
heat, cold, water, oil, abrasion etc.
iii. Armored cable should be used and overall PVC type ‘A’ pressure
extruded insulation or XLPE insulation should be there for UV
protection
iv. Cables should have Multi Strand, annealed high conductivity
copper conductor on DC side and copper/FRLS type Aluminum
 conductor on AC side. For DC cabling, multi-core cables shall not
be used.
v. Cables should have operating temperature range of -10°C to
+80°C and voltage rating of 660/1000 V.
vi. Sizes of cables between array interconnections, array to junction
boxes, junction boxes to Inverter etc. shall be so selected to keep
the voltage drop less than 2% (DC Cable losses).
vii. The size of each type of AC cable selected shall be based on
minimum voltage drop. However, the maximum drop shall be
limited to 2%
viii. The electric cables for DC systems for rated voltage of 1500 V
shall conform to BIS 17293:2020.
ix. All cable/wires are to be routed in a RPVC pipe/ GI cable tray and
suitably tagged and marked with proper manner by good quality
ferule or by other means so that the cable is easily identified.
x. All cable trays including covers to be provided.
xi. The Cable should be so selected that it should be compatible up
to the life of the solar PV panels i.e. 25 years.
10. DRAWINGS & MANUALS:
i. Operation & Maintenance manual/user manual, Engineering and
Electrical Drawings shall be supplied along with the power plant.
ii. The manual shall include complete system details such as array
lay out, schematic of the system, inverter details, working
principle etc.
iii. The Manual should also include all the Dos & Don’ts of Power
Plant along with Graphical Representation with indication of
proper methodology for cleaning, Operation and Maintenance
etc.
iv. Step by step maintenance and troubleshooting procedures shall
also be given in the manuals.
v. Bidders should also educate the consumers during their O&M
period.

11. TRANSFORMERS (if required)

i. Dry type appropriate kVA, of transformer Step up along with all protections,
 switchgears, Vacuum circuit breakers, cables etc. along with required civil work.
Dry Type Transformer shall be constructed in accordance to IS: 2026, IS: 11171,
Indian Electricity Act 2003, BEE Guideline & CEA notifications and equivalent to
any other international standard. Transformers shall be complete & functional in
all respects. The other important construction particulars shall be as below.

a) The transformers shall be housed in metal protective housing, having

a degree o f i n g r e s s p rotection. The enclosure shall be provided with
suitable hardware (as required).
b) The conductors shall be of electrolytic grade copper free from scales & burrs.
c)Dry Type Transformer windings shall be of class F insulation or better.
d) The core shall be constructed from non-ageing, cold rolled, grain
oriented silicon steellaminations.
e) The maximum losses for dry type transformer shall not be more than the
valuesspecified in latest energy conservation building code (ECBC) of BEE.
f) The fittings/accessories, including protection/monitoring device generally
required forsatisfactory operation of the transformer, are to be provided.
g) Suitable rain shed arrangement shall be provided to keep transformer
under thatarrangement.
h) Painting shall be as per employer’s requirement (will be finalized during
detailed engineering)
i) Type and routine test shall be conducted as per IS11171.

ii. In case the bidder/contractor has conducted such specified type test(s) within
last ten years as on the date of techno commercial bid opening, he may submit
the type test reports to the owner for waiver of conductance of such type
test(s). These reports should be for the test conducted on the equipment similar
to those proposed to be supplied under this contract and test(s) should have
been either conducted at an independent laboratory or should have been
witnessed by Owner. In case the bidder is not able to submit report of the type
test(s) conducted within last ten years from the date of bid opening, or in case
the type test report(s) are not found to be meeting the specification
requirements the bidder shall conduct all such tests under this contract at no
additional cost to the employer at an independent laboratory or in presence of
the Owner’s representative and submit the test reports.

12. Data Monitoring:

i. Data monitoring of inverters, solar meters and pyranometer shall
be done through Remote Monitoring system (RMS) which shall
be connected to NVVN’s SEDM
ii. Remote Monitoring and data acquisition through Remote
Monitoring System software with latest software/hardware
configuration and service connectivity for online / real time data
monitoring/control complete to be supplied and Comprehensive
 O&M/control to be ensured by the supplier. Provision for
interfacing this data on any other Agency server and NVVN’s
centralized Solar Energy Data Management (SEDM) portal shall
be kept. The Contractor must ensure the yearly availability and
connectivity of the RMS system to be at least 99%.
iii. Measurement of Solar PV parameters at Inverter level: These
Inverter parameters shall have provision of data logging through
Mod Bus (RS-485) protocol.
iv. Solar Irradiance: An integrating Pyranometer (Class II or better)
shall be provided, with the sensor mounted on a Horizontal
plane at a shadow free suitable location near solar arrays at one
of the Roof Top within premises. The pyranometer shall be
connected to RMS.
v. Temperature: Temperature probes for recording the PV Cell
temperature shall be provided at one of the modules at shadow
free area at one of the Roof Top within premises.
vi. Detailed schematics, scope and specifications for Remote
monitoring system to be supplied by vendor is placed at
Schedule E
vii. All charges inclusive of cost of sim and data charges throughout
the contract period shall be borne by the bidder.
viii. Depending upon the requirement of the system and technical
feasibility, single or multiple RMS may be installed at a premise
and the wireless communications from field devices to RMS may
be also be allowed.
13. Miscellaneous:
i. Connectivity: The maximum capacity for interconnection with the grid at a specific voltage level
shall be as specified in the SERC regulation for Grid connectivity and norms of DISCOM and
amended from time to time. The Bidder must take approval/NOC from the
concerned DISCOM for the connectivity, technical feasibility, and
synchronization of Project with DISCOM network and submit the same to NVVN
before Commissioning Project. Reverse power relay shall be provided by Bidder
for Behind the Meter connection), as per the DISCOM’s requirement.
ii. Safety measures: Electrical safety of the installation(s) including
connectivity with the grid must be taken into account and all the
safety rules & regulations applicable as per Electricity Act, 2003
and CEA Safety Regulation 2023 etc. or its latest amendments
must be followed.
iii. Danger boards, Caution Boards should be provided as and where
necessary as per IE Act /IE rules as amended up to date.
iv. Shadow analysis: The shadow analysis report with the
instrument such as Solar Pathfinder or professional shadow
analysis software of each site should be provided and the system
shall be installed only in shadow free space. Lower performance
of the system due to shadow effect shall be liable for penalty for
lower performance.
v. Firefighting system – Portable fire extinguishers/sand buckets
shall be provided wherever required as per norms.
vi. Bidder should dispose off the packing material, surplus items,
unused materials, waste etc. generated during construction, as
per applicable Rules and standards. Concrete wastes and dead
mortar if any are to be removed and the area is to be cleaned
immediately.
[Link] bidder shall take fully responsible for safety of manpower,
materials and premises. The contractor shall take special care for
safe working at height, electrical safety of the installation(s)
including connectivity with the grid and follow all the safety
rules & regulations applicable as per Electricity Act, 2003, CEA
guidelines and other applicable standard practices.
viii. The bidder shall provide a display board mentioning the details
of the project.
ix. Even if the plant is transferred by NVVN to NVVN’s end
consumer/ owner of the premises, all obligations of the
successful bidder related to O&M of the plant up to 10 years
shall remain the same as per the terms and conditions of the
contract.
x. Stickers as per NVVN requirements e.g. instructions/ guidelines/
danger mark.
 SCHEDULE D

i. PERFORMANCE GUARANTEE TEST FOR ROOFTOP SOLAR PV

The Performance Guarantee (PG) Test shall be carried out after
successful commissioning of the system. PG Test shall be carried out
on any rooftop location by measuring Performance Ratio (PR) and
comparing to the Guaranteed PR of 75%. The test shall be repeated
for each location having inverter of having different make or type of
control. In case there are more than one rooftop having similar
inverter, the test rooftop shall be decided based on mutual consent.
Further, the PG test shall be conducted once for every 200 kW or its
part thereof in the premise. The mathematical formula for calculating
PR is given below:

AC Yield (KWh) X 100

PR% = (Installed Capacity in X DC (kWp)) X (Global
Inclined Insolation(kWh/m2))

a. For the purpose of measuring Global Inclined Insolation (GII),

another pyranometer shall be installed on returnable basis,
mounted at the plane of the module, at free of cost.
b. Measuring instruments to record on site data will include a pair
of pyranometers (horizontal and inclined with sensitivity of
7μV/(W/m2), temperature sensor, signal converter.
c. The Bidder will be responsible to conduct the PG test only after
achieving the physical completion and synchronization of the
plant and complying the relevant requirements from utility.
d. The PG test will be conducted for durations in which irradiance
level is greater than 750 W/m2 and the test will continue until a
total horizontal radiation of 5 kWh/m2 has been achieved.
e. The PR values shall be computed based on actual energy
generated at solar meters.
f. If failed to achieve the guaranteed performance levels, the
bidder will at its own cost rectify all the defects identified during
 the test and take necessary steps/efforts to pass the PR test
within the stipulated time span. Subsequent to rectification the
PR will be restarted.
g. During PG test, if there is a grid outage, those time slots will not
be considered. If the values are again below the guaranteed
performance levels, bidder will be liable to pay Liquidated
Damages (LD) to NVVN, which shall be calculated as below:

Short fall in PR(%)=∆PR=Target PR-Achieved PR

Shortfall in Generation=∆E =(∆PR/Achieved PR))x measured
Generation
• Yearly shortfall in Generation (∆E Yearly =∆E X (Annual GHI/5)

Applicable Liquidated Damages (LD) =N x R x ∆Eyearly

Where R= tariff factor i.e. ₹5.0 / kWh (For illustration only.
Actual amount is as per annexure A)

N=11.37

A Sample Calculation for 40 kW Capacity of Plant Rooftop solar

PV

Capacity of the plant=40 kW

Global Horizontal Insolation of Site (GY)=1977 kWhr/m2-year
Measured Global Horizontal Insolation- GHITEST=5 kWhr/m2
Measured Global Inclined Insolation- GIITEST=5.213 kWhr/m2
Capacity of the plant where PG test be conducted=40 kW
Metered Generation corresponding to radiation>750 W/m2=152
kWhr
Measured PR=152 × 100/(40x 5.213)=72.89%
Shortfall in PR=75%-72.89%=2.11%
Shortfall in Generation for test period=(2.11/72.89)x152= 4.40
kWhr
Yearly Shortfall in Generation=4.40 x (1977/5) =1739.78 kWhr
 Applicable LD= N x R X ∆Eyearly =11.37 x 5 x 1739.78 = INR
98,906.50

h. The cap on LD for not achieving the desired and guaranteed PR

of 75% shall be 25% of the contract value awarded excluding the
O&M Cost.
ii. Equipment performance guarantee
a. Further the Bidder is liable to maintain the minimum
guaranteed Annual CUF measured at Delivery Point for the 10
operational years, failing which the Bidder is liable to pay the
LD for shortfall in generation. The LD shall be equal to shortfall
in energy corresponding to energy equivalent to modified
guaranteed Annual CUF multiplied by the Tariff factor i.e. INR
∆E x Tariff factor, where ∆E is yearly shortfall in energy
corresponding to energy equivalent to modified guaranteed
Annual CUF and Tariff factor (as mentioned in Annexure-A of
‘Scope of Work and Technical specifications). The LD shall be
recovered from O&M BG and thereafter from O&M payment.
The cap on LD for shortfall in generation shall be 10% of the
Annual Energy corresponding to guaranteed CUF for that year
multiplied by Tariff Factor. In the case of invocation of the O&M
BG due to shortfall in generation, the bidder shall resubmit a
BG of originally envisaged value immediately.
b. The modified guaranteed annual CUF shall be calculated based
on the shortfall in energy during PG Test, if any.
c. For determining the Annual CUF, the annual module
degradation shall be taken as 0.7% cumulative from 2nd
operational year. The duration for which the Generation was
interrupted due to non-availability of Grid during solar hours or
any other reasons not attributable to Bidder shall not be taken
into account for calculation of Annual CUF.
d. Let us understand with the illustrative example already given at
Schedule 4, Clause(i),
i. Case 1: If there is no shortfall in generation during PG test:
 The capacity of Solar plant considered is 40 kW and the
desired minimum annual CUF is 16% for 1st year of O&M i.e.
generation (G) of 56102.40 kWhr.

Further, for the 2nd operational year, considering the module

degradation of 0.7% per annum, the annual target generation
for 2nd operational year shall be equal to =56102.40*(1-
0.007) i.e. 55709.68 kWhr.

Further for the 3rd operational year, considering the module

degradation of 0.7% per annum, the annual target generation
for 3rd operational year shall be equal to = 56102.40*(1-
2*(0.007)) i.e. 55316.97 kWhr.

This will continue till the end of 10th operational year.

ii. Case 2: If there is shortfall in generation during PG test:

The capacity of Solar plant considered is 40 kW and the
desired minimum annual CUF is 16% for 1st year of O&M i.e.
generation (G) of 56102.40 kWhr. Now if the shortfall in
annual energy during PG test is 1739.8 kWhr, then the
modified annual energy generation (G1) target for 1st year
shall be 54362.6 kWhr. The modified guaranteed annual CUF
for the 1st year shall be equal to
54362.6*100/(8766*40)=15.50%.

Futher, for the 2nd operational year, considering the module

degradation of 0.7% per annum, the annual target generation
for 2nd operational year shall be equal to =54362.6*(1-0.007)
i.e. 53982.06.

Further for the 3rd operational year, considering the module

degradation of 0.7% per annum, the annual target generation
for 3rd operational year shall be equal to = 54362.6*(1-
2*(0.007)) i.e. 53604.19.
This will continue till the end of 10th operational year.
 Schedule E
Specifications of Roof Top Solar Plants RMS
1. NVVN will have a common Solar Energy Data Management (SEDM) platform for monitoring of installation, operation
and performance of Roof Top Solar Plants.
2. Remote Monitoring System (RMS) provided by the bidder shall be connected to the Nation level Solar Energy Data
Management platform of NVVN.
3. Remote Monitoring System (RMS) should have following minimum features or modules:

Feature Details

Solar System Performance DC Voltage, DC current, AC output Current, Power, Energy, Inverter
Parameters Status, weather data, etc.

Metering Important electrical parameters of Solar Generation Meter such as Voltage,

Current, PF, Power, Energy etc.

Billing Data Management Remote Monitoring System should provide Billing parameters based on Solar
Energy Meter data.

RMS device Performance % Device Connectivity, % Data Availability etc.

Geo Location RMS shall have built-in GPS module to update Geo Location of system

4. Communication Architecture between SEDM and RMS should be as per following:

a. Communication Connectivity:
i. Field Device Connectivity: RMS communication with Solar Generation Meter, Inverter and Pyranometer should
be on RS485 through MODBUS RTU protocol to ensure interoperability irrespective of make and manufacturer
ii. Energy Meter Communication: RMS to Energy Meter communication such as Bi Directional (Revenue) Meter,
Solar Generation (Audit) Meter shall be established using DLMS/Modbus protocol supported by all leading
Meter Manufacturers in India
iii. RMS to Server Communication - Industrial IoT MQTT Protocol: RMS to Server Communication shall be
established using MQTT protocol
iv. Remote Connectivity: Using GSM/GPRS/2G/3G/4G/5G cellular connectivity.
v. Local Connectivity: Ethernet/Bluetooth/Wi-Fi connectivity to configure parameters, notifications, communication
interval, set points etc. or to retrieve locally stored data
b. Communication Modes:
i. Push Data on Event/Notification: Inverter ON/OFF, Inverter fault, protection operated, Solar Generation Meter
fault, Meter ON/OFF, etc.
ii. Push Data Periodically: important parameters of Inverter and Energy Meters (as mentioned in tender) should be
pushed to central server on configurable interval. Interval should be configurable in multiple of 1 minute.
iii. On Demand Read: In this mode, User will send command to RMS to get data as and when required and RMS will
send the required data to server immediately
iv. Configuration read/write: Using this mode, user will be able to read and change configurable parameters remotely
such as updating periodic interval, alarm limits, server parameters etc.
 c. Security:
i. Communication between RMS and Server should be secured and encrypted using TLS/SSL/X.509 certificate etc.
ii. As a part of IoT protocol, Authentication and Authorization should be implemented using token/password
mechanism
d. Message Format:
i. RMS should provide data in a JSON message format as per NVVN requirement
e. Data Storage:
i. In case of unavailability of cellular network, RMS should store data locally and on availability of network it
should push data to central server. Local data storage should be possible for at least three months in case of
unavailability of cellular network.
f. Configuration Update Over-The-Air: Configuration update over the air of multiple parameters such as IP,
APN, Data Logging Interval, Set Points etc. is essential.

Solar Inverter-1
panels Load

Solar Inverter-2 ACDB Solar

panels Generation
meter
Bi-
RS-485 directional
Solar Inverter-n meter
panels
RS-485
RMS
RS-485 Grid
Pyranometer
GPS
vendor scope
Remote communication

NVVN’s SEDM

Power Flow

Data Flow

5. Communication Format
 Solar Energy Meter

Message Name : Periodic Push Meter (1)

Message : JSON
Format : Data
Message Type : Not Applicable for Data periodic
Message Command Push
Flow Message : RMS -> NVVN SEDM IoT Platform
: GPRS
response Flow
Message Medium
Command Message

Not Applicable

Response Message
Message Description
{
"VD":2 Virtual Device Index/Group
"TIMESTAMP":"2024-09-18 RTC timestamp of RMS/DCU against all parameters
[Link]", of node/group
“MAXINDEX”:96 maximum index of local storage date
"INDEX":7, reference of local storage
"LOAD":0, Local storage retrieval command & status
"STINTERVAL":15, Periodic interval at which RMS shall store and
transmit data to server. (in minutes)
"MSGID":"", Message Transaction Id - required for
“Ondemand”/”Config” message type,
request/response/acknowledgement/feedback
"DATE":240918, local storage date
"IMEI":"1234561234561234", IMEI No. of First Sim to be considered always for
unique identity of DCU
"ASN_21":12345678, Asset Serial Number
RMS 0
Pyranometer 1-9
Meter 21-29
Inverter 31-39
"MTDET1":30012302, Meter Detail
"MTBLDATE1":18, Billing Date for meter 1
"DATE1":180606, Present date for meter1
"TIME1":105400, Present time for meter1
"IR1":20.58, R Phase Current in Amps
"IY1":20.65, Y Phase Current in Amps
"IB1":20.12, B Phase Current in Amps
"VRN1":240.12, R Phase to Neutral Voltage in Volts
"VYN1":242.13, Y Phase to Neutral Voltage in Volts
"VBN1":243.55, B Phase to Neutral Voltage in Volts
"VRY1":420.18, Phase to Phase Voltage(R-Y) in Volts
"VYB1":419.38, Phase to Phase Voltage(Y-B) in Volts
"VBR1": 421.5, Phase to Phase Voltage(B-R) in Volts
"PFR1":0.98, R Phase Power Factor
"PFY1":0.97, Y Phase Power Factor
"PFB1":0.96, B Phase Power Factor
"FRQ1":50.05, Grid Frequency
"POWR1":42.578, R Phase Active Power in KW
"POWY1":42.156, Y Phase Active Power in KW
"POWB1":42.354, B Phase Active Power in KW
"POW1":42.185, Total Active Power in KW
"RPOWR1":22.123, R Phase Reactive Power in KVAR
"RPOWY1":20.110, Y Phase Reactive Power in KVAR
"RPOWB1":22.310, B Phase Reactive Power in KVAR
"RPOW1":65.610, Total Reactive Power in KVAR
"APOWR1":55.610, R Phase Apparent Power in KVA
"APOWY1":52.910, Y Phase Apparent Power in KVA
"APOWB1":53.911, B Phase Apparent Power in KVA
"APOW1":14.198, Total Apparent Power in KVA
"KWHEXP1":98561.2, Cumulative Generated Energy in KWH
"KVAHEXP1":98999.1, Cumulative Generated Energy in KVAH
"MDKWEXP1":98.6, Rising Demand (Generation) in KW
"POFF1":1020, Grid Power Failure in Minutes
"TC1":100, Total Tamper Counts
"PF1":0.99, Average PF
"LBKWHEXP1":98561, Last Billing Cycle Generated Energy in KWH
"PMDKVAEXP1":0.00, Present MD KVA Generated
"LBMDKWEXP1":0.00, Last Billing MD KW Export
"LBMDKVAEXP1":0.00, Last Billing MD KVA Export
"MDRSTC1":4 MD Reset Count

}
 Communication Format Annexure

Inverter

Message Name : Inverter Periodic Push (INVERTER-

Message 1)
Format : JSON
Message Type : Data
: Not Applicable for Data periodic
Message Command
Push
Flow Message : RMS -> NVVN SEDM IoT Platform
response Flow : GPRS
Message Medium

Command Message

Not Applicable

Response Message
Message Description
{
"VD":5 Virtual Device Index/Node/Group
"TIMESTAMP":"2020-05-18 RTC timestamp of RMS/DCU against all parameters
[Link]", of node/group
“MAXINDEX”:96 maximum index of local storage date
"INDEX":7, reference of local storage
"LOAD":0, Local storage retrieval command & status
"STINTERVAL":15, Periodic interval at which RMS shall store and
transmit data to server. (in minutes)
"MSGID":"", Message Transaction Id - required for
“Ondemand”/”Config” message type,
request/response/acknowledgement/feedback
"DATE":200518, local storage date
"IMEI":"1234561234561234", IMEI No. of First Sim to be considered always for
unique identity of DCU
"ASN_31":"34123450", Inverter Serial No.
RMS 0
Pyranometer 1-9
Meter 21-29
Inverter 31-39
"IST1":1, Inverter Status
"IFREQ1":40, Frequency
"IPF1":0.8, Power Factor
"IDC1V1":500, DC-1 Voltage
"IDC1I1":200, DC-1 Current
"IDC1KW1":200, DC-1 Power
"IDC2V1":243.55, DC-2 Voltage
"IDC2I1":420.18, DC-2 Current

"IDC2KW1":200, DC-2 Power

"IDC3V1":419.38, DC-3 Voltage
"IDC3I1":421.8, DC-3 Current
"IDC3KW1":200, DC-3 Power
"IDC4V1":0.98, DC-4 Voltage
"IDC4I1":0.97, DC-4 Current
"IDC4KW1":200, DC-4 Power
"IRPHV1":0.96, R phase voltage
"IRPHI1":50.05, R phase current
"IRPHKW1":50.05, R phase Active Power
"IYPHV1":42.578, Y phase voltage
"IYPHI1":42.156, Y phase current
"IYPHKW1":50.05, Y phase Active Power
"IBPHV1":42.354, B phase voltage
"IBPHI1":42.185, B phase current
"IBPHKW1":50.05, B phase Active Power
"IKW1":22.123, Active Power
"ITKWH1":20.110, Today Generated Energy
"ITON1":22.310, Today On Time of Inverter
"ILKWH1":65.610, Life time Generated Energy
"ILON1":55.610, Life time running hours
"ITEMP1":52.910, Inverter Temperature
"IFT11":53.911, Fault-1
"IFT21":14.198, Fault-2
"IFT31":98561.4, Fault-3
"IFT41":98561.4, Fault-4
"IFT51":98561.2, Fault-5
"IKVA1":99100.3, Apparent power
"IKVAR1":99105.1 Reactive power
}
 Communication Format Annexure

RMS

Message Name : RMS

: JSON
Message Format Message Type
: Heartbeat
Message Command Flow Message response Flow Message
Medium : Not Applicable
: RMS -> NVVN SEDM IoT Platform
: GPRS

Command Message

Not Applicable

Response Message
Message Description
{
"VD":0 Virtual Device Index/Group
"TIMESTAMP":"2024-09-18 RTC timestamp of RMS/DCU against all
[Link]", parameters of vd/group
“MAXINDEX”:96 maximum index of local storage date
"INDEX":7, reference of local storage
"LOAD":0, Local storage retrieval command & status
"STINTERVAL":15, Periodic interval at which RMS shall store and
transmit data to server. (in minutes)
"MSGID":"", Message Transaction Id - required for
“Ondemand”/”Config” message type,
request/response/acknowledgement/feedback
"DATE":200518, local storage date
"IMEI":"1234561234561234", IMEI No. of First Sim to be considered always for
unique identity of DCU
"GSM":1, Device connected to GSM network
"SIM":1, SIM detected (1 - detected)
"NET":1, Device in Network (1 - in network)
"GPRS":"1", GPRS connected (1 - connected)
"RSSI":22, Signal Strength
"SD":"1", SD card detected (1 - detected)
"ONLINE":1, Device Online (1- Online)
“GPS”:1, GPS Module Status (1-ON,0-OFF)
“GPSLOC”:1, GPS Location Locked
“RF”:1, RF Module Status (1-ON,0-OFF)
"RTCDATE":180918, RTC Date
"RTCTIME":175800, RTC Time

“TEMP”:45.5, Device Temperature

“LAT”:19.06, Latitude from gps
“LONG”:72.8777, Longitude from gps
“SIMSLOT”:1, Sim Slot (Current Sim Slot: 1 or 2)
“SIMCHNGCNT”:10, Total Sim Slot Change Count
“FLASH”:1, Device Flash Status 1: Detected 0: Error
“BATTST”:0, Battery Input Status: 1 if on battery power else 0
“VBATT”:5.0, Battery Voltage
“PST”:1 Power Supply (1-Mains, 2-Battery)
}
 Communication Format Annexure

DAQ System

Message Name : Periodic Push DAQ System

Message Format : JSON
Message Type : Data
Message Command Flow : Not Applicable for Data periodic Push
Message response Flow : RMS -> NVVN SEDM IoT Platform
Message Medium : GPRS

Command Message
Not Applicable

Response Message
Message Description
{
"VD":12 Virtual Device Index/Group
RTC timestamp of RMS/DCU against all
"TIMESTAMP":"2020-05-18 [Link]",
parameters of nodes/group
“MAXINDEX”:96 maximum index of local storage date
"INDEX":7, reference of local storage
"LOAD":0, Local storage retrieval command & status
Periodic interval at which RMS shall store and
"STINTERVAL":15,
transmit data to server. (in minutes)
Message Transaction Id - required for
"MSGID":"", “Ondemand”/”Config” message type,
request/response/acknowledgement/feedback
"DATE":200518, local storage date
IMEI No. of First Sim to be considered always for
"IMEI":"1234561234561234",
unique identity of DCU
"POTP":"34123450", Previous One Time Password
"COTP":"34123450", Current One Time Password
“AI11”:45.5, Analog Input – 1
“AI21”:45.5, Analog Input – 2
“AI31”:45.5, Analog Input – 3
“AI41”:45.5, Analog Input – 4
“AI51”:45.5, Analog Input – 5
“AI61”:45.5, Analog Input – 6
“DI11”:1, Digital Input – 1
“DI21”:0, Digital Input – 2
“DI31”:1, Digital Input – 3
“DI41”:0, Digital Input – 4
“DI51”:1, Digital Input – 5
“DI61”:0, Digital Input – 6
“DI71”:1, Digital Input – 7
 “DI81”:0, Digital Input – 8
“DI41”:0, Digital Input – 4
“DI41”:0, Digital Input – 4
“DO11”:1, Digital Output – 1
“DO21”:1, Digital Output – 2
“DO31”:1, Digital Output – 3
“DO41”:1, Digital Output – 4
“DO51”:1, Digital Output – 5
“DO61”:1 Digital Output – 6
“W-POA”: 0, Radiation Sensor in plate Angle
“W-GHI”: 0, Radiation Sensor in Horizontal
}

Reaction
Not Applicable
 Communication Format Annexure

Message Name : On Demand Read/Write Parameter/Keyword

Message Format : JSON
Message Type : Config
Message Command Flow : Cloud Server-> RMS
Message Response Flow : RMS -> Cloud Server
Message Medium : GPRS

Command Message
Message Description
{
"timestamp":"2024-09-18 [Link]",
"type": "config",
"cmd":"write", To write config
Server Auto
"msgid":"130",
Generated
"APN1": “www” APN Value for sim1
"USR1": "string" sim1 user name
"PASS1": "string" sim1 password
"APN2": “Internet” APN Value for sim2
"USR2": "string" Sim2 user name
"PASS2": "string" Sim2 password
To restart DCU, 1 :
"RESTART":1 Execute command
Enter update interval
"UPDATEINTERVAL":15 in mins.
Heartbeat Update
"HEARTINTERVAL":5 Interval in mins
DCU RTC Date
"URTCDATE":200622 (YYMMDD) Update
DCU RTC Time
(HH:MM:SS) Update
"URTCTIME":220312
- 24 hour format
Update RTC, 1:
Execute command, 0
"UPDATERTC":1 : Successful
execution
RTC auto GSM
synchronization, 1: to
"GSMSYNC":1
execute command
Pump Remote
ON/OFF Operation
"DO1":1
(1-ON, 0-OFF)
Engineering Zero
Value (4 mA dc) for
"AI1ZERO":1 AI1
E.G. 0(LPM)
 Engineering Span
Value (20 mA dc) for
"AI1SPAN":100
AI1
E.G. 5000(LPM)
Engineering Zero
Value (4 mA dc) for
"AI2ZERO":1
AI2
Engineering Span
"AI2SPAN":100 Value (20 mA dc) for
AI2
Engineering Zero
Value (4 mA dc) for
"AI3ZERO":1
AI3
Engineering Span
"AI3SPAN":100 Value (20 mA dc) for
AI3
Engineering Zero
Value (4 mA dc) for
"AI4ZERO":1
AI4
Engineering Span
"AI4SPAN":100 Value (20 mA dc) for
AI4
URL of Broker
"URL":”[Link]”
Server
"PORT":8883 Port of Broker Server
Unique Client id of
"CID":"d:860906045525646$standalonesolarpump$27"
device
Username for device
"USERNAME":"860906045525646$standalonesolarpump$27"
authentication
Password for device
"PASSWORD":"9e0baa73"
authentication
"FTPURL": "[Link]" URL for FTP
"FTPUSER":"866191037709301" Username for FTP
"FTPPASS":"908552f" Password for FTP
"FTPPORT":22 Port for FTP
Download
Certificates from ftp
1: To execute
"FTPDOWN":1 command,
0: Command is
successfully
executed
}

Response Message
Message Description
{
"timestamp":"2024-09-18 [Link]",
"type": "config",
"cmd":"write", To write config
Server Auto
"msgid":"130",
Generated
"APN1": “www” APN Value for sim1
"USR1": "string" sim1 username
"PASS1": "string" sim1 password
"APN2": “Internet” APN Value for sim2
"USR2": "string" Sim2 username
"PASS2": "string" Sim2 password
To restart DCU, 1:
"RESTART":1 Execute command
Enter update interval
"UPDATEINTERVAL":15 in mins.
Heartbeat Update
"HEARTINTERVAL":5 Interval in mins
DCU RTC Date
"URTCDATE":200622 (YYMMDD) Update
DCU RTC Time
(HH:MM: SS) Update
"URTCTIME":220312
- 24 hour format
Update RTC, 1:
Execute command, 0
"UPDATERTC":1 : Successful
execution
RTC auto GSM
synchronization, 1: to
"GSMSYNC":1
execute command
Pump Remote
ON/OFF Operation
"DO1":1
(1-ON, 0-OFF)
Engineering Zero
Value (4 mA dc) for
"AI1ZERO":1 AI1
E.G. 0(LPM)
Engineering Span
Value (20 mA dc) for
"AI1SPAN":100
AI1
E.G. 5000(LPM)
Engineering Zero
Value (4 mA dc) for
"AI2ZERO":1
AI2
Engineering Span
"AI2SPAN":100 Value (20 mA dc) for
AI2
Engineering Zero
Value (4 mA dc) for
"AI3ZERO":1
AI3
 Engineering Span Value
"AI3SPAN":100
(20 mA dc) for AI3

Engineering Zero
"AI4ZERO":1 Value (4 mA dc) for AI4

Engineering Span Value

"AI4SPAN":100
(20 mA dc) for AI4
URL of Broker
"URL":”[Link]”
Server
"PORT":8883 Port of Broker Server
Unique Client id of
"CID":"d:860906045525646$standalonesolarpump$27"
device
"USERNAME":"860906045525646$standalonesolarpump$27 Username for device
" authentication
Password for device
"PASSWORD":"9e0baa73"
authentication
"FTPURL": "[Link]" URL for FTP
"FTPUSER":"866191037709301" Username for FTP
"FTPPASS":"908552f" Password for FTP
"FTPPORT":22 Port for FTP
Download Certificates
from ftp 1: To execute
command,
"FTPDOWN":1
0: Command is
successfully
executed
}

Command Message

Command – B. In case, if some key

in command are invalid
Message Description
{
"timestamp":"2024-09-18 [Link]",
"type":"config",
"cmd":"write", to write config
"msgid":"130, server auto generated
"APNN1": 2 send value "2"
"USR1": "xyz" send value "xyz"
}
 Response Message
Des
Message crip
tion
{
"timestamp":"2024-09-18 [Link]",
"type": "config",
"cmd":"write", to write config
"msgid":"130", server auto generated
"APNN1": 0 invalid Key, value will be returned '0'
"USR1": "xyz" actual value received
}

Reaction

Not Applicable
 Appendix 1

Quality Certification, Standards and Testing for Grid-Connected Solar

PV Systems/Power Plants
Solar PV Modules/Panels
IEC 61215 and Design Qualification and Type Approval for Crystalline Silicon Terrestrial
IS 14286 Photovoltaic (PV) Modules
IEC 61701:2011 Salt Mist Corrosion Testing of Photovoltaic (PV) Modules
Photovoltaic (PV) module performance testing and energy rating –:
IEC 61853- 1:2011 /
Irradiance and temperature performance measurements, and power
IS 16170-1:2014
Rating.
Photovoltaic (PV) Modules – Ammonia (NH3) Corrosion Testing (as per the
IEC 62716
site condition like dairies, toilets etc)
Photovoltaic (PV) Module Safety Qualification – Part 1: Requirements for
IEC 61730-1,2
Construction, Part 2: Requirements for Testing
Photovoltaic (PV) modules – Test method for detection of potential
IEC 62804
induced degradation. IEC 62804-1: Part 1: Crystalline Silicon
Solar PV Inverters
Safety of power converters for use in photovoltaic power systems – Part 1:
General requirements, and Safety of power converters for use in
IEC 62109 or photovoltaic power systems
IS : 16221 Part 2: Particular requirements for inverters. Safety compliance
(Protection degree IP 65 or better for outdoor mounting, IP 54 or better for
indoor mounting)
IS/IEC 61683 latest (as Photovoltaic Systems – Power conditioners: Procedure for Measuring
applicable) Efficiency (10%, 25%, 50%, 75% & 90-100% Loading Conditions)
IEC 60068-2 /IEC
Environmental Testing of PV System – Power Conditioners and
62093
Inverters
(as applicable)
IEC 62116:2014/ Utility-interconnected photovoltaic inverters – Test procedure of islanding
IS16169 prevention measures
 APPENDIX 2

Sample Project Completion Report for Grid-Connected Rooftop

Financial year :
Approval No.:
Proposal Title :
Installed by agency :
Project initiated by :

Title of the Project : Capacity

Category of the organization / Name of the
beneficiary: contact person:
Address of contact person :
State : District/City :
Mobile: Email :
Telephone No. : Website :
Other info
Electricity Distribution CompanyName :

Electricity consumer account no. as per as on Date :

electricity bill :
Technology Description & System Design /Specification
(Compliance to BIS/IEC Standards is mandatory)
1. Module
Capacity/Power of each PV 1. 1. Nos:
Module(Wp) : 2. Nos:

Cumulative Capacity ofModules

(KWp):
Solar cell technology :
Module efficiency (in Percentage) :
2. Inverters
Type of inverter :
Make of inverter :
Capacity/Power of each Capacity / Power
PCU/inverters (VA) : Nos.
Capacity/Power of PCU / inverters(KVA) :

Inverter efficiency (Full load) :

(in percentage)
 3. Metering Arrangement
Any other details:
Make and Type of Meter :
Metering Details:

4.. Other informations

Units of electricity generated by

the solar plant as per meter (in
KWh):
Monitoring Mechanism :

No. of personnel to be trained in

O&M

Grid connectivity level

Grid connectivity level phase : Grid connectivity
level Voltage :

The following to be included in Project Completion Report:

1. Warrantee/guarantee certificates with sr. no. for solar panels, inverters, and solar meters and
others
2. Module ALMM reference no. in latest MNRE List.
3. Inverter supplier certificate for Class 1 Supplier.
4. PR test report.
5. Discom connectivity certificate/approval.
6. CEIG approval, if any
7. Layout of Panels.
 APPENDIX 3

INSPECTION AND MAINTENANCE SCHEDULE

Component Activity Description Interval By

Module Inspection Check whether the MMS are Quarterly Site in charge
Mounting properly in tightened position and
structure check for corrosion.

PV Module Cleaning Clean any bird droppings/ dark Immediately Site in charge
spots on module
Cleaning Clean PV modules with plain water As per the siteSite in charge
or mild dishwashing detergent. conditions and
Do not use brushes, any types of at least once a
solvents, abrasives, or harsh week
detergents.
Inspection Use infrared camera to inspect for Annual Site in charge
(for plants > 100hot spots;bypass diode failure
kWp)
Inspection Check the PV modules and rack for Annual Site in charge
any damage.

Note down location and serial

number of damagedmodules.
Inspection Determine if any new objects, Quarterly Site in charge
such as vegetation growth, are
PV Array causing shading of the array and
move them if possible.
Vermin Remove bird nests or Quarterly Site in charge
vermin from array and rack
Removal area.
Inspect electrical boxes for
Site in charge
corrosion or intrusion of water or
insects.

Seal boxes if required.

Junction Inspection Annual
Check position of switches and
Boxes breakers.

Check operation of all protection

devices.
Component Activity Description Interval By

Wiring Inspection Inspect cabling for signs of cracks, Annual Site in charge
defects, lose connections,
overheating, arcing, short or open
circuits and ground faults.
Spare Parts Management Manage inventory of spare parts. As needed Site in charge

To ensure that the amount of

power being generated is typical of
the conditions.

Inspect Inverter housing or shelter

for physical Maintenance, if
required.
Inverter Service Clean or replace any airfilters. As needed Site in charge

Instruments Validation Spot-check monitoring instruments Annual Site in charge

(pyranometer etc.) with standard
instruments to ensure that they
are operational and within
specifications.

Transformer Inspection Inspect transformer oil level, Annual Site in charge

temperature gauges, breather,
silica gel, meter, connections etc.
Tracker Inspection Inspect gears, gear boxes, bearings Annual Site in charge
(if present) as required.
Service Lubricate tracker mounting Bi-annual Site in charge
bearings, gearbox as required.
Plant Monitoring Daily Operation and Performance Daily Site in charge
Monitoring
Log Book Documentation Document all O&M activities in a Continuous Site in charge
workbook available to all service
personnel
Inverte Inspection Observe instantaneous Monthl Electricia
r operational indicators on y n

the faceplate of the inverter

 APPENDIX 4

Monthly O & M Report

Month and year:

Name of the Bidder:

LOA No:

Project Capacity:

Address of the site:

Part A

Component Activity Description Date Signature Signature of *Remarks

of custodian of
contractor building
PV Module Cleaning Immediately clean
any bird droppings/
dark spots on
module.
Cleaning Clean PV modules
with plain water or
mild dishwashing
detergent.
Inspection (forInfrared camera
plants > 100inspection for hot
kWp) spots; bypass diode
failure.
PV Array Inspection Check the PV modules
and rack for any
damage.
Inspection If any new objects,
such as vegetation
growth etc., are
causing shading of
the array. Remove if
any.
Vermin Remove bird nests
or vermin from array
Removal and rack area.
Component Activity Description Date Signature Signature of *Remarks
of custodian of
contractor building
Juncti Inspection • Inspect electrical
boxes for
on corrosion,intrusion
of water orvermin.
Boxes • C
heck position of
switches and
breakers.
• Check status of
all protection
devices.
Inspection Inspect cabling for
signs of cracks,
Wiring
defects, lose
connections,
corrosion,
overheating, arcing,
short or open circuits,
and ground faults
Inverter Inspection • Ob
serve
instantaneous
operational
indicators on the
faceplate.
• Inspect Inverter
housing or shelter
for any physical
Inverter Service Clean or replace any
airfilters.

Instruments Validation Verify monitoring

instruments
(pyranometer etc.)
with standard
instruments to verify
their operation
within
tolerance limits.
Transformer Inspection Inspect transformer
oil level, temperature
gauges, breather,
silica gel, meter,
connections etc.
Component Activity Description Date Signature Signature of *Remarks
of custodian of
contractor building
Plant Monitoring Daily
Operation and
Performance
Monitoring.
Spare Parts Management Manage inventory of
spareparts.

Log Book Documentation Maintain daily log

records.
Tracker (if Inspection Inspect gears, gear
any) boxes, bearings,
motors.
Service Lubricate bearings,
gear asrequired.

Signature of the Authorized signatory of the Contractor.

 Part B
Date Generation Grid outage Inverter down period Remarks
kWh (hh:mm) (hh:mm)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

Total generation for the month in kWh:

CUF for month in %:

Cumulative CUF for financial year:

Cumulative generation since commissioning in kWh:

Signature of the Authorized signatory of the Contractor

Signature of the Authorized signatory of the custodian of the building

 NTPC VIDYUT VYAPAR NIGAM LIMITED
(A wholly owned Subsidiary of NTPC Limited)

BIDDING DOCUMENTS

FOR

DEVELOPMENT OF 8.0 MW GRID CONNECTED

ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD

SECTION – VII
BOOK 1 OF 2

BIDDING DOCUMENT NO.: NVVN/C&M/RE-353/2024-25

(This document is meant for the exclusive purpose of bidding against this Bid Document No. /
Specification and shall not be transferred, reproduced or otherwise used for purposes other
than that for which it is specifically issued).
 TABLE OF FORMS AND PROCEDURES

--------------------------------------------------------------------------------------------------------------------
[Link]. Description
--------------------------------------------------------------------------------------------------------------------

Section-VII (Part 1 of 2)

1a. Techno-Commercial Bid (Envelope-1)

(Bid Form for Envelope-I and Envelope-II along with Attachments for Envelope-I)

1b. Price Bid (Envelope-2)

(Attachments for Envelope-II and Price Schedules)
BIDDER MAY TAKE NOTE OF THE FOLLOWING POINTS WHILE SUBMITTING ITS BID

BIDDERS ARE REQUIRED TO FURNISH REQUISITE DETAILS IN THE FORMATS

SPECIFIED IN THE BIDDING DOCUMENTS FOR MEETING THE STIPULATED QUALIFYING
REQUIREMENTS (QR) ALONG WITH ALL SUPPORTING DOCUMENTS LIKE COPIES OF
CLIENT’S CERTIFICATES, WORK ORDER AND CONTRACT AGREEMENTS ETC. DULY
CERTIFIED AND VERIFIED FOR AUTHENTICITY FROM INDEPENDENT STATUTORY
AUDITOR OF THEIR COMPANY OR SPECIFIED THIRD-PARTY INSPECTION AGENCY

IF ANY OF THE REFERENCE WORKS FURNISHED BY BIDDER PERTAINS TO THE

CONTRACT(S)/ WORKS EXECUTED BY BIDDER FOR NTPC IN THE PAST THEN IN
RESPECT OF SUCH CONTRACT(S)/ WORKS, BIDDER IS NOT REQUIRED TO ENCLOSE
CLIENT’S CERTIFICATE(S) ALONG WITH ITS BID

IN CASE OF EXTENSION OF TECHNO-COMMERCIAL BID OPENING DATE, BIDDER TO

FURNISH AUDITED ANNUAL REPORTS ALONG WITH ITS BID AS PER EXTENDED DATE
OF TECHNO-COMMERCIAL BID OPENING TO MEET THE STIPULATED FINANCIAL QR
CRITERIA.

POWER OF ATTORNEY DULY AUTHORISED BY A NOTARY PUBLIC INDICATING THAT

THE PERSON(S) SIGNING THE BID HAS/HAVE THE AUTHORITY TO SIGN THE BID AND
THE BID IS BINDING UPON THE BIDDER DURING THE FULL PERIOD OF ITS VALIDITY
BACKED BY A COPY OF BOARD RESOLUTION/ OTHER RELEVANT DOCUMENTS TO
DEMONSTRATE THE AUTHORITY OF THE PERSON ISSUING THE POWER OF ATTORNEY
TO BE FURNISHED ALONG WITH THE BID.

POWER OF ATTORNEY TO THE AUTHORISED SIGNATORY OF THE BIDDER FOR

SIGNING OF BID AND DJU/JV AGREEMENT ETC., WHEREVER APPLICABLE, TO BE
SUBMITTED ALONG WITH BID AND SHOULD BE DATED NOT LATER THAN THE DATE OF
SIGNING THE BID.

BIDDER TO ENSURE THAT BID SECURITY / DJU/ JV AGREEMENT (AS APPLICABLE) TO

BE SUBMITTED IN ORIGINAL STRICTLY AS PER SPECIFIED FORMATS DULY SIGNED IN
ORIGINAL BY AUTHORIZED SIGNATORY AND STAMPED ON EACH PAGE. SCANNED/
PHOTOCOPY OF THESE DOCUMENTS WITHOUT SIGNATURE IN ORIGINAL SHALL NOT
BE ACCEPTABLE AND SHALL BE SUMMARILY REJECTED.

DATE OF PURCHASE OF STAMP PAPER OF INSTRUMENTS LIKE BID SECURITY, DEED

OF JOINT UNDERTAKING ETC SHOULD BE ON OR BEFORE THE DATE OF EXECUTION
OF SUCH INSTRUMENTS.
 1a. BID FORM
ENVELOPE-1 (TECHNO-COMMERCIAL) & ENVELOPE-2 (PRICE)
 BID FORM
BID FORM (ENVELOPE-1 (TECHNO-COMMERCIAL) & ENVELOPE-2 (PRICE))

Date:
Bid Document No. : NVVN/C&M/RE-353/2024-25

Name of Package : DEVELOPMENT OF 8.0 MW GRID CONNECTED ROOF TOP SOLAR

POWER PROJECT AT DRDO HYDERABAD

To

MGR(C&M)
NTPC VIDYUT VYAPAR NIGAM LIMITED

Gentlemen and/or Ladies,

1.0 Having examined the Bidding Documents including subsequent Amendment(s)/

Clarification(s)/ Addenda/ Errata (if any), the receipt of which is hereby acknowledged, we,
the undersigned, offer to design, manufacture, test, deliver, install and commission (including
carrying out Performance Guarantee Test) the facilities under the above-named Package in
full conformity with the said Bidding Documents for the sum as mentioned in the Bill of
Quantity (BOQ in excel sheet) of Bid Invitation at e-Tender Portal in accordance with the
terms and conditions of the Contract.

1.1 We further understand that discount letter, if any, separately uploaded online or submitted in
physical form shall not be considered for the purpose of evaluation.

2.0 COMPLIANCE TO THE PROVISIONS OF THE BIDDING DOCUMENTS

2.1 We have read all the provisions of the Bidding Documents and confirm that notwithstanding
anything stated elsewhere in our bid to the contrary, the provisions of the Bidding
Documents, are acceptable to us and we further confirm that we have not taken any
deviation to the provisions of the Bidding Documents anywhere in our bid.

Any deviation, variation or additional condition etc. or any mention, contrary to the provisions
of Bidding Documents and its subsequent Amendment(s)/ Clarification(s)/Addenda/Errata (if
any) found anywhere in our bid proposal, implicit or explicit shall stand unconditionally
withdrawn, without any cost implication whatsoever to the Employer, failing which our bid
shall be rejected and our Bid Security shall be forfeited.

2.2 We further declare that additional conditions, variations, deviations, if any, found anywhere in
the proposal, shall not be given effect to.

3.1 We are aware that the BOQ/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
Specifications, Drawings and other Sections of the Bidding 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 the full scope as aforesaid, including
overheads and profit.

3.2 We declare that prices left blank in the BOQ/Price Schedule (excel sheet) will be deemed to
have been included in the prices of other items. The TOTAL for each Schedule/item and the
Grand TOTAL as mentioned in BOQ/Price Schedule (excel sheet) shall be deemed to be the
 total price for executing the Facilities in complete accordance with the Contract, whether or
not each individual item has been priced.

4.0 We undertake, if our bid is accepted, to commence work on the Facilities immediately upon
your Notification of Award to us and to achieve Completion of Facilities and conduct
Guarantee Test (as applicable) within the time specified in the Bidding Documents.

5.0 If our bid is accepted, we undertake to provide Advance Payment Security, Contract
Performance Securities and securities for Deed(s) of Joint Undertaking (as applicable) in the
form and amounts and within the times specified in the Bidding Documents.

6.0 Until a formal Contract is prepared and executed between us, this bid, together with your
written acceptance thereof in the form of your Notification of Award shall constitute the
formation of the contract between us.

7.0 We understand that you are not bound to accept our bid or any other 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.

9.0 We have read the ITB clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on subcontracting to contractors from
such countries. We certify that we/our Collaborator/JV Partner/Consortium member/Assignee
are/is not from such a country or, if from such a country, have/has been registered with the
Competent Authority and we will not sub-contract any work to a contractor from such
countries unless such contractor is registered with the Competent Authority.

*Further, we certify that we do not have any TOT arrangement requiring registration with the
competent authority.

Or

*Further, we certify that we have valid registration in respect of TOT arrangement with
the competent authority to participate in this procurement.

We hereby certify that we fulfill all requirements in this regard and are eligible to be
considered.

*We further confirm that evidence of valid registration by the Competent Authority for
us/our Collaborator/JV Partner/Consortium member/Assignee, as applicable, is enclosed
as Annexure…**....

* Bidder to strike-off, whichever is not applicable.

** Bidder to mention the Annexure no.
10.0 *(i) We confirm that we fulfill the requirements of Local content for Class-I local supplier.

O
R

*(i) We confirm that we fulfill the requirements of Local content for Class-II local supplier.

The details of the location(s) at which the local value addition is made are as under:

[Link]. Description of Goods & Services Details of the location(s) at which the
local value addition is made

(ii) We confirm that we fulfill the requirements of Local content for Class-I local supplier
for Item(s) mentioned at $[clause no. 41 of GTR in Technical Specifications], as
applicable. We further confirm that in case such item(s) are bought-out for us, we
shall source the same from Class-I local supplier only.

#We undertake that a certificate from the statutory auditor or cost auditor (in the case the
bidder is a company) or from a practicing cost accountant or practicing chartered
accountant (in respect of bidders other than companies) certifying the percentage of local
content shall be submitted by us prior to submission of our last bill for payment.

##We further confirm that we are presently not debarred / banned by any other
procuring entity for violation of ‘Public Procurement (Preference to Make in India), Order
2017’ (PPP-MII Order) dated 15.06.2017 and its subsequent revisions / amendments
issued by Department of Industrial Policy and Promotion (DIPP).”

*Bidder to strike-off whichever is not applicable

#[Applicable in packages with estimated value (excluding taxes & duties) exceeding
INR 10 Crores.]

##In case a Bidder has been banned/debarred by any other procuring entity for
violation of ‘Public Procurement (Preference to Make In India), Order 2017’ (PPP- MII
Order) dated 15.06.2017 and its subsequent revisions / amendments issued by
Department of Industrial Policy and Promotion (DIPP), the same may be declared by
Bidder by striking off para above and declaring the details of banning using additional
sheets.

Bidder may also enclose additional sheets in similar format (if required), for providing
details pertaining to local value addition.
Dated this...........................day of. 20..................

Thanking you, we remain,

Yours faithfully,

Business Address:

Country of Incorporation (Province also to be indicated):

Phone No. :

Email:
 ATTACHMENTS FOR
ENVELOPE-1 (TECHNO-COMMERCIAL)
 ATTACHMENT - 1
Page 1 of 1

BID SECURITY

BIDDER TO FURNISH BID SECURITY IN LINE WITH

ITB CLAUSE 12

BIDDER TO FURNISH BID SECURITY IN LINE WITH

ITB CLAUSE 12 AND AS PER FORMAT GIVEN
AT SL. NO. 2 OF SECTION VII PART 2 OF 2. (FORMS & PROCEDURES)
 ATTACHMENT – 1A

TENDER FEE/COST OF BIDDING DOCUMENTS

BIDDER TO FURNISH TENDER FEE IN LINE WITH

ITB CLAUSE 8.1.1
 ATTACHMENT - 2
Page 1 of 1

POWER OF ATTORNEY

BIDDER TO ATTACH THE POWER OF ATTORNEY AND COPY OF BOARD RESOLUTION/ OTHER
RELEVANT DOCUMENTS TO DEMONSTRATE THE AUTHORITY OF THE PERSON ISSUING THE
POWER OF ATTORNEY IN ACCORDANCE WITH CLAUSE 8.1.1 (b) OF ITB

(NOTE: Bidders may note that no prescribed proforma has been enclosed for Power of
Attorney)

Sample Format for Power of Attorney for signing of Bid (Sample Format)

Know all men by these presents, We, ………………………(name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr. / Ms ……(Name),
son/daughter/wife of …………………………………………….. and presently residing at
………………………., who is presently employed with us and holding the position of
………………………………, as our true and lawful attorney (hereinafter referred to as the “Attorney”) to
do in our name and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our Bid for the (Name of the Project ********************)
invited by NVVN including but not limited to signing and submission of all applications, Bids and other
documents and writings, participate in Bidders' and other conferences and providing information /
responses to NVVN, representing us in all matters before NVVN, signing and execution of all contracts
including the Contract Agreement and undertakings consequent to acceptance of our Bid, and generally
dealing with NVVN in all matters in connection with or relating to or arising out of our Bid for the said
Project and/or upon award thereof to us and/or till the entering into of the contract agreement with NVVN.

AND we hereby agree to ratify and confirm all acts, deeds and things done or caused to be done by our
said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all
acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and
shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMED PRINCIPAL

HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……………. DAY OF ……………,
20…...

For ……………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firms/Company)/Partner in case of
Partnership Firms

WITNESS:
1.
2
 ATTACHMENT - 3
Page 1 of 1

(Qualification Data)

Dear Sirs,

We seek qualification under Clause 8.1.2(a) of Section ITB and Item No. 4.0 of Bid Data Sheet and our
qualification data in support thereof is enclosed in the following Attachments:

1. Attachment 3A-1 : Details Pertaining to Technical

Qualification
2. Attachment 3A-2 : Details Pertaining to Financial
Qualification
3. Attachment 3B : Details of Financial Capacity Status
4. Attachment 3C : Details of Design, Engineering, manufacturing,
Construction, Quality and testing Capabilities
5. Attachment 3D : Details of manufacturing capacities & Plant Loading
6. Attachment 3E : Present order book position
7. Attachment 3F : Past Performance Data
8. Attachment 3G : Data regarding Key Construction Personnel
9. Attachment 3H : Manpower Loading Data
10. Attachment 3I : Original Deed(s) of Joint Undertaking (if applicable)
11. Attachment 3J : Brief write up regarding Project Management Organisation
12. Attachment 3K : Provenness Criteria (if applicable)
13. Attachment 3L : JV agreement (if applicable)

We further understand and agree that any misleading or false information furnished by us
may result in summary rejection of our bid.

Note: The Bidder shall enclose relevant documents like copies of authentic purchase order,
completion certificates, agreements etc. supporting the details/data provided in
Attachments-3A to 3L.
 ATTACHMENT - 3A-1

(Details pertaining to Technical Qualification

as per Item No. 4.0 of the Bid Data Sheet/Item No 06 of IFB)

(NOT APPLICABLE)
 ATTACHMENT - 3B
Page 1 of 3

(Financial Capacity Status of Bidder and/or wherever

applicable, his JV Partner(s))

---------------------------------------------------------------------------------------------------------------------------
A) Orders in Hand
---------------------------------------------------------------------------------------------------------------------------
i) Total value of Contracts

ii) Value of work

completed
out of above
value upto
previous FY

iii) Value of anticipated

work to be performed
in the following
Financial Years (FY):

Current FY

Next FY1

Next FY2

Next FY3

Next FY4

--------------------------------------------------------------------------------------------------------------------------
 ATTACHMENT - 3B
Page 2 of 3
B) Bidder's assessment of
maximum negative cash flow
(fund requirement) at any
point of time between
Notification of Award and
completion of contract based
on specified terms of
payment and his
expenditure plan for plant &
equipment being offered by
bidder for this package.

C) Arrangement to meet Own Funds Credit Others Total

the above fund
requirement.
D) Gross Turnover of Company

during last three FY:

Year ending – FY 1

Year ending – FY2

Year ending – FY3

E) Balance Sheet and Profit

& Loss Account duly
certified by a Chartered
Accountant for the last
3 years is to be submitted. Enclosed at Annexure ........ to
this Attachment-3B
F) Declaration by Bankers or
the Chartered Accountant
regarding:

i) Bank Guarantee Limits Enclosed at:..........................

ii) Over Draft Limits/Cash Enclosed at: ........................

Credit Limits

iii) Deferred payment limits Enclosed at: ........................

 ATTACHMENT - 3B
Page 3 of 3

iv) Fixed Deposits Enclosed at: ........................

v) Movable Property
Hypothecation

Enclosed at: .......................

(Please state the present

utilisation status also)

G) Information regarding
any current litigation
in which the Bidder is
involved, the parties
concerned, the
disputes and the
disputed
amount if any. Enclosed at: ........................

Note : 1. The above Attachment shall be filled-up by the bidder for himself and for each JV
Partner, as applicable, being proposed by the bidder in his bid.

2. Continuation sheets of like size and format, may be used and annexed to
this Attachment if required.
 ATTACHMENT – 3C
Page 1 of 1

(Details of Design, Engineering, Manufacturing and

Testing Capabilities of Bidder

1.0 We hereby confirm that we do not anticipate any change in ownership during the proposed period
of execution of work (if such a change is anticipated, the scope and effect thereof shall be defined).
The relevant document for same is enclosed at Annexure ------------ to the Attachment-3C.

It is clearly understood that the bid is submitted for consideration of award on the strength of the
credential / experience of the Bidder and executants of Deeds of Joint Undertakings (if applicable)
as specified in the Qualifying Requirements of the subject Tender.

We confirm that in case of any change in our ownership the new / successor entity shall honour all
our obligations under the Contract for the subject Package.

Note :

The above shall be filled up and signed separately by the bidder itself and each of the executants
of the Deeds of Joint Undertakings / JV Agreement.

2.0 Furnish adequate detailed write up on:

(i) Design and Engineering : Enclosed at Annexure ………… to

Organization and Attachment – 3C
facilities/capabilities

(ii) Manufacturing & Testing : Enclosed at Annexure ………… to

Organization and facilities available Attachment – 3C

(iii) Field Organization and resources for : Enclosed at Annexure ………… to

erection, testing & commissioning Attachment – 3C
etc.

(iv) Quality Assurance, Organization and : Enclosed at Annexure ………… to

Capabilities for Construction, Engg., Attachment – 3C
Manufacturing & Field Installation

(v) Established Project Management : Enclosed at Annexure ………… to

Attachment – 3C

(vi) Details of Manpower / Division of : Enclosed at Annexure ………… to

Company Attachment – 3C

Note: 1 The above Attachment shall be filled up by the bidder for himself and
each JV Partner, as applicable, being proposed by the bidder in his bid and
relevant details shall be furnished.

2. Continuation sheets of same size and format may be used by the Bidder
and annexed to this Attachment, if required.
 ATTACHMENT – 3D

(Details of Manufacturing Capacities/Plant Loading of the Bidder and/or wherever

applicable, his JV Partner(s)

We hereby furnish below the details of our installed capacities and work in hand to establish spare capacity for completion
of work under this package.
Item FY.. FY.. FY…. FY… FY.. FY ….
Bidder Sub- Bidder Sub- Bidder Sub- Bidder Sub- Bidder Sub- Bidder Sub-
’s Contracto ’s Contracto ’s Contracto ’s Contracto ’s Contracto ’s Contracto
Shop r’s Shop Shop r’s Shop Shop r’s Shop Shop r’s Shop Shop r’s Shop Shop r’s Shop
A)Production
Capacity as
installed
B) Firm
orders
in hand
upto.......
C)Balance
Capacity
available
D)
Orde
rs Expected
E) Work
Load
Expected
for this
contract
F)
Shor
tfall, if any
G)
Alter
native
arrangement
s to make up
for this short
fall

Note : 1. Continuation sheets of like size and format may be used as per Bidder's requirement and shall be annnexed to this Attachment.

2. The above Attachment shall be filled up by the bidder for himself and each JV Partner, as applicable, being proposed by the bidder in his bid
and relevant details shall be furnished.
 ATTACHMENT – 3E
Page 1 of 1
(Present Order Book Position)

Sl. Client Order No. of Date Present Status % work Completion of Completion of Erection, Reason
No. Value Units of completed Supply Testing & for delay
& Unit Order Commissioning (if any)
Size
Schedule Actual / Engg/ Schedule Actual/ Schedule Actual/
Expected Manufacturing Expected Expected
/Erection

Note : 1. The above attachment shall be filled up by the bidder for himself and for each of the JV Partner, as applicable, being
proposed by the bidder in his bid.
2. Continuation sheets of like size and format may be used as per Bidder's requirement and shall be annexed to this
Attachment.
 ATTACHMENT – 3F
Page 1 of 1
(Past Performance Data)
Details of Similar Equipment Commissioned/Supplied in last ten years:

Sl. No. Client Date of Unit Size & Date of completion of Date of Completion of Order Reason for
Name & Order No. of Units supplies Erection, Testing & Value delay (If
Address Commissioning applicable)
Schedule Actual Schedule Actual

Note : 1. The above Attachment shall be filled up by the bidder for himself and for each JV Partner ,as applicable, being
proposed by the bidder in his bid.
2. Continuation sheets of like size & format may be used if required and annexed to this Attachment.
 ATTACHMENT – 3G
Page 1 of 1
(Data regarding key construction personnel)

The qualification and experience of key constructional personnel proposed for administration and execution of the contract at site are
as follows:
[Link]. Name Qualification Position/ Designation Experience

Note : 1. This Attachment shall be filled by the bidder for himself and for each JV Partner , as applicable, being proposed by the
bidder in his bid.
2. Continuation sheets of like size and format may be used as per Bidder’s requirement and shall be annexed to this Attachment.
 ATTACHMENT – 3H
(Manpower loading data)
Bidder’s Name and Address: To

We declare that our manpower loading during execution of the contract will be as follows:
No. of Months 1 2 3 4 5 6 7 .. .. End
from the date of month of
Notification of work
Award Schedule

Labour
(Category)

Note: 1. The above Attachment shall be filled by the bidder for himself and for each JV Partner, as applicable, being proposed by the
bidder in his bid.
3. Continuation sheets of like size and format may be used as per Bidder’s requirement and shall be annexed to this Attachment.
4. List of category of labour will be given by the Bidder.
 ATTACHMENT - 3I
Page 1 of 1

DEED OF JOINT UNDERTAKING

(NOT APPLICABLE)
 ATTACHMENT - 3J

(PROJECT MANAGEMENT ORGANISATION)

Dear Sirs,

1.0 In line with Clause No. 8.1.2 (a) (v) of ITB, we furnish below the brief write-
up* in support of our established project management organization.
-------------------------------------------------------------------------------------------------------------
--

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

* Bidder to use their own format for above details.

 ATTACHMENT – 3L
Page 1 of 1

(NOT APPLICABLE)
 ATTACHMENT – 3M

Deleted
 ATTACHMENT - 4
Page 1 of 1

(Conformity of Facilities)

BIDDDER TO ATTACH DOCUMENTARY EVIDENCE ESTABLISHING THAT THE

FACILITIES OFFERED CONFORM TO THE BIDDING DOCUMENTS.

(Note: Bidders may note that no prescribed proforma has been enclosed for documentary
evidence establishing that the facilities offered conform to bidding documents.)
 ATTACHMENT - 4A
Page 1 of 1

(List of Special Maintenance Tools & Tackles)

Dear Sir,

We are furnishing below the list of special maintenance tools & tackles for various equipment under the
subject package. The prices for these tools & tackles are already included in the lumpsum bid price. We
further confirm that the list of Special Maintenance tools & tackles includes all the items specifically
mentioned in scope of supply & services covered in Section-VI, Technical Specification of Bidding
Document.

Notwithstanding what is stated above we further confirm that any additional special maintenance tools
and tackles required for the equipment supplied under this package shall be furnished by us at no extra
cost to the Employer.

Sl. No. Description of Description of Tools & Unit Qty

Equipment Tackles

Note : Continuation sheets of like size and format may be used as per Bidder’s
requirement and shall be annexed to this Attachment.
 ATTACHMENT – 5
Page 1 of 1

(Schedule of Erection Tools & Plant and Safety Equipments &

Safety Personal Protective Equipments)
I. ERECTION TOOLS & EQUIPMENTS

We indicate herein below the erection tools & plant we have in our possession and the
equipment we propose to bring to the Site, in case the contract is awarded to us.

Sl. Type and Description of the Number the Number the Bidder
No. Equipment Bidder has in proposes to bring to the
Possession site
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

We hereby confirm that the quantity and type of Certain tools and equipment, we will employ for
construction/erection, will not be less than those listed above and agree to bring more
equipment, if so warranted, in the opinion of the Project Manager. Our proposed
construction/erection equipment utilization plan indicating utilization dates and time duration of all
major erection and construction equipment placed on site is enclosed at Annexure………. to this
attachment.

Note : Continuation sheets of like size and format may be used as per Bidder’s
requirement and shall be annexed to this Attachment.

II. Safety Equipments & Safety Personal Protective Equipments

The list of minimum suggestive Safety Equipments & Safety Personal Protective
Equipments we propose to bring to the Site, in case the contract is awarded to us is
indicated below:

Sl. Minimum Suggested List of Safety Equipments and Safety Minimum Quantity
No. Personal Protective Equipments

We hereby confirm that the quantity and type of equipments, we will employ for
construction/erection, will not be less than those listed above and agree to bring more
equipment, if so warranted, in the opinion of the Project Manager.
Note: Continuation sheets of like size and format may be used as per Bidder's requirements
and shall be annexed to this Attachment.

Date : (Signature) ......................................

Place : (Printed Name) ...............................
(Designation) ...................................
(Common Seal) ..............................
 ATTACHMENT – 5A
Page 1 of 1

(List of Commissioning / Start-up Spares)

Dear Sir,

We indicate herein below the list of Commissioning/ Start-up Spares required for the subject
package:

Sl. No. Item Description Unit Quantity

We note that the above list is subject to your approval and we shall ensure the availability of
the required quantity of Commissioning spares as approved by you without any additional cost
to you before start-up/initial operation.

Note : Continuation sheets of like size and format to be furnished and shall be annexed
to this Attachment.
 ATTACHMENT - 6
Page 1 of 1

(Information regarding Quality Assurance Program)

Dear Sirs,

We hereby provide the necessary information on Quality Assurance Program

containing the overall Quality Management and procedures, which we propose to
follow during various phases of execution of the Contract.

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

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

Note : Continuation sheets of like size and format, may be used as per Bidder's requirement
and shall be annexed to this Attachment.
 ATTACHMENT - 7
Page 1 of 1
[Additional Information]

Dear Sirs,

We wish to provide the following additional information in our Bid. We confirm that no price
component has been included in the additional information.

Sl. No. Description of Reference to Bidding Reference to bid

Information Documents Proposal

Note : Continuation sheets of like size and format may be used as per Bidder's
requirements and annexed to this Attachment.
 ATTACHMENT - 8
Page 1 of 1

[Demonstration Parameter/ Guarantee Declaration]

As per Technical Specification Section VI of Bidding document

 ATTACHMENT – 8A
Page 1 of 1
[Functional Guarantee]

As per Technical Specification Section VI of Bidding document

 Appendix-I
ATTACHMENT - 9
Page 1 of 5

.................................................PACKAGE FOR

BIDDING DOCUMENT NO. ..................................................................................................

INTEGRITY PACT

Between

NTPC Vidyut Vyapar Nigam Ltd (NVVN) (hereinafter referred to as "The Employer ")

and

..................................................................................................................... (hereinafter

referred to as "The Bidder/Contractor ")

and

…………………………………………………………………………..(hereinafter referred to as
"JV Partner/ Consortium Members" (if applicable)

Preamble

The Employer invites the bids from all eligible bidders and intends to enter into Contract for with
the successful bidder(s), as per organizational systems and procedures. The Employer values
full compliance with all relevant laws and regulations, and the principles of economical use of
resources, and of fairness and transparency in its relations with its Bidder(s) and/or
Contractor(s).

In order to achieve these goals, the Employer will appoint Independent External Monitor(s) (IEM),
who will monitor the bidding process and the execution of the Contract for compliance with the
principles mentioned above.

Section 1 Commitments of the Employer

1. The Employer Commits itself to take all measures necessary to prevent corruption and
to observe the following principles in this regard:-

a) No employee of the Employer, either in person or through family members

including relatives, will in connection with the bidding for or the execution of a
Contract, demand or accept a promise for or accept for him/herself or for a third
person, any material or immaterial benefit to which he/she is not legally entitled to.

b) The Employer shall, during the bidding process treat all Bidders with equity and
reason. The Employer will, in particular, before and during the bidding process,
provide to all Bidders the same information and will not provide to any Bidder
confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the bidding process or the Contract execution.
 ATTACHMENT - ....
Page 2 of 5
c) The Employer will exclude from the process all known prejudiced persons.

2. If the Employer obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or if there be a substantive suspicion in this
regard, the Employer will inform the Chief Vigilance Officer and in addition can initiate
disciplinary actions.

Section 2 Commitments and Undertakings by the Bidder/Contractor

1. The Bidder/Contractor commits and undertakes to take all measures necessary to

prevent malpractices & corruption. He commits himself to observe the following
principles during his participation in the bidding process and during the execution of the
contract:

a) The Bidder/ Contractor undertakes not to, directly or through any other person
or firm offer, promise or give or influence to any employee of the Employer
associated with the bidding process or the execution of the contract or to any
third person on their behalf any material or immaterial benefit which he/she is
not legally entitled, in order to obtain in exchange any advantage of any kind
whatsoever during the bidding process or during the execution of the contract.

b) The Bidder/ Contractor undertake not to enter into any undisclosed agreement
or understanding, whether formal or informal with other Bidders. This applies in
particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission of bids or any other action to restrict
competitiveness or to introduce cartelization in the bidding process.

c) The Bidder/Contractor undertakes not to commit any offence under the relevant
Anti-corruption Laws of India; further the Bidder/Contractor will not use
improperly, any information or document provided by the Employer as part of
the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically for
purposes of competition or personal gain and will not pass the information so
acquired on to others.

d) The Bidder/ Contractor, when presenting his bid, undertakes to disclose any
and all payments made, or is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the bidding process and /
or award of the contract.

e) The Foreign Bidder/ Contractor, when presenting his bid, undertakes to disclose
the name and address of agents and representative in India. Further, Indian
Bidder/ Contractor when presenting his bid, undertakes to disclose the name
and address of its foreign principals or associates.

2. The Bidder/ Contractor will not instigate and allure third persons/parties to commit
offences outlined above or be an accessory to such offences.

Section 3 Disqualification from Bidding Process and Exclusion from Future Contracts

1. If the Bidder(s)/ Contractor(s), before award or during execution has committed a

transgression through a violation of any provisions of Section 2 so as to put his reliability
or credibility as Bidder into question, the Employer shall be entitled to disqualify the
Bidder(s)/ Contractor(s) from the bidding process or to terminate the contract, if signed
on that ground.

2. If the Bidder/ Contractor has committed a transgression through a violation of Section 2

such as to put his reliability or credibility into question, the Employer shall be entitled to
exclude including blacklist and put on holiday the Bidder/ Contractor for any future
 ATTACHMENT - 9.
Page 3 of 5
tenders/contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by the
Employer taking into consideration the full facts and circumstances of each case
particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the
damage. The exclusion will be imposed for a period not exceeding two (02) years.

3. A transgression is considered to have occurred if the Employer after due consideration

of the available evidence concludes that no reasonable doubt is possible.

4. The Bidder with its free consent and without any influence agrees and undertakes to
respect and uphold the Employer's absolute rights to resort to and impose such
exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to resort
to such exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.

5. Subject to full satisfaction of the Employer, the exclusion of Bidder/ Contractor could be
revoked by the Employer if the Bidder/ Contractor can prove that he has restored/
recouped the damage caused by him and has installed a suitable corruption prevention
system in his organization.

Section 4 Compensation for Damages including Forfeiture of Earnest Money Deposit/

Security Deposit/ Performance & Advance Bank Guarantees

1. If the Employer has disqualified the Bidder/ Contractor from the bidding process or has
terminated the contract pursuant to Section 3, the Employer shall forfeit the Earnest
Money Deposit/Bid Security, encash Contract Performance Bank Guarantees in addition
to excluding the bidder from the future award process and terminating the contract.

2. In addition to 1 above, the Employer shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor's Default.

Section 5 Previous Transgressions

1. The Bidder swears on oath that no previous transgression impinging on anti-corruption

principles / any malpractice as mentioned in Section-2 has occurred in the last three
years immediately before signing of this Integrity Pact, with any other company / any
Public Sector Enterprise/ Undertaking in India / any Government Department in India.

2. If the Bidder makes incorrect statement on previous transgression as mentioned above

in para 1, Bidder can be disqualified from the bidding process or the contract, if already
awarded, can be terminated on this ground

Section 6 Company Code of Conduct

Bidders are also advised to have a company code of conduct (clearly rejecting the use of
bribes and other unethical behaviour) and a compliance program for the implementation
of the code of conduct throughout the company.

Section 7 Independent External Monitors (IEM)

1. The Employer will appoint competent and credible Independent External Monitor for this
Pact. The task of the IEMs is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this agreement.
 ATTACHMENT
ATTACHMENT -9 -9
Page
Page
5 of45of 5
2. The IEMs are not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He shall report to CEO of the
Employer or a person authorized by him.

3. The Bidder/Contractor accepts that the IEMs have the right to access without restriction
to all Project documentations of the Employer including that provided by the Contractor.
The Contractor will also grant the IEMs, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his Project Documentations. The
same is applicable to Subcontractors. The IEMs are under contractual obligation to treat
the information and documents of the Bidder / Contractor / Sub-Contractors/ JV
partners/Consortium member with confidentiality.

4. The Employer will provide to the IEMs sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Employer and the Contractor. The parties offer to the
IEMs the option to participate in such meetings.

5. As soon as the IEMs notices, or believes to notice, a violation of this agreement, he will
so inform the Management of the Employer (CEO of the Employer or a person
authorized by him) and request to discontinue or to take corrective action, or to take
other relevant action. The IEMs can in this regard submit non-binding
recommendations. Beyond this, the IEMs has no right to demand from the parties that
they act in a specific manner, refrain from action or tolerate action. However,
Independent External Monitor shall give an opportunity to the bidder/contractor to
present its case before making its recommendations to the Employer.

6. The IEMs will submit a written report to CEO of the Employer or a person authorized by
him within 30 days from the date of reference or intimation to him by the Employer and,
should the occasion arise, submit proposals for correcting problematic situations.

7. The Bidder / Contractor accepts that they shall not approach courts while the matter /
complaint / dispute has been referred to the IEM in terms of this pact and they shall
await IEM’s decision before approaching any Court.

8. If the IEMs have reported to CEO of the Employer or a person authorized by him a
substantiated suspicion of an offence under relevant IPC/ PC Act, and he has not, within
reasonable time, taken visible action to proceed against such offence or reported it to
the Chief Vigilance Officer, the IEMs may also transmit this information directly to the
Central Vigilance Commissioner, Government of India.

9. The word " IEM" will include Singular or Plural.

Section 8 Pact Duration

This Pact comes into force from the date of signing by all the parties. It shall expire for
the Contractor 12 months after the last payment under the respective Contract, and for
all other unsuccessful bidders 6 months after the Contract has been awarded.

Section 9 Miscellaneous Provisions

1.0 This Pact is subject to Indian Law. The place of performance and jurisdiction
shall be New [Link] one or several provisions of this Pact turn out to be invalid;
the remainder of this Pact remains valid. In this case, the parties will strive to come to
an agreement to their original intentions.
2. The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.

3. If the Contractor is a JV partnership / Consortium, this agreement must be signed by all the
partners of JV / Consortium Partners as the case may be.

The Parties hereby sign this Integrity Pact at ................... on this .......... day of .......... 20

Employer Bidder/ Contractor Joint Venture Partner(s)/

Consortium member(s)
(As Applicable)

Witness Witness Witness

1. 1. 1.

2. 2. 2.

ATTACHMENT-10

(Details of Foreign Principals of Indian Bidders)

Bidder’s Name and Address: To

NTPC Limited, Contract Services
6th Floor, Engg. Office Complex,
Plot A-8A, Sector-24, Noida 201301

Dear Sirs,

We here by declare the details of our foreign principals as below:

Sl. Name Detailed Address Relationship with

No. Bidder
1.
2.
3.
4.
5.
 ATTACHMENT-12

(Technical Data Sheet)

AS PER TECHNICAL SPECIFICATION

 ATTACHMENT-13
NAME OF CONTRACT: DEVELOPMENT OF 8.0 MW GRID CONNECTED
ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD

BID DOCUMENT NO. : NVVN/C&M/RE-353/2022-23

(Declaration on Local Content for granting of purchase preference)

(To be submitted online with Techno-Commercial Bid)

*(i) We confirm that we fulfill the requirements of Local content for Class-I local supplier.

The details of the location(s) at which the local value addition is made are as under

Sl. Description of Goods & Services Details of the location(s) at which

No. the local value addition is made

OR

*(i) We confirm that we fulfill the requirements of Local content for Class-II local
supplier.

The details of the location(s) at which the local value addition is made are as under:

Sl. Description of Goods & Services Details of the location(s) at which

No. the local value addition is made

(ii) We confirm that we fulfill the requirements of Local content for Class-I local
supplier for Item(s) mentioned in Technical Specifications, as applicable. We further
confirm that in case such item(s) are bought-out for us, we shall source the same
from Class-I local supplier only.
 #We undertake that a certificate from the statutory auditor or cost auditor (in the case the
bidder is a company) or from a practicing cost accountant or practicing chartered
accountant (in respect of bidders other than companies) certifying the percentage of local
content shall be submitted by us prior to submission of our last bill for payment.

##
We further confirm that we are presently not debarred / banned by any other
procuring entity for violation of ‘Public Procurement (Preference to Make in India),
Order 2017’ (PPP-MII Order) dated 15.06.2017 and its subsequent revisions /
amendments issued by Department of Industrial Policy and Promotion (DIPP).”

*Bidder to strike-off whichever is not applicable

#[Applicable in packages with estimated value (excluding taxes & duties)

exceeding INR 10 Crores.]

##In case a Bidder has been banned/debarred by any other procuring entity for
violation of ‘Public Procurement (Preference to Make In India), Order 2017’ (PPP- MII
Order) dated 15.06.2017 and its subsequent revisions / amendments issued by
Department of Industrial Policy and Promotion (DIPP), the same may be declared by
Bidder by striking off para above and declaring the details of banning using additional
sheets.

Bidder may also enclose additional sheets in similar format (if required), for providing
details pertaining to local value addition.
 (CHECKLIST FOR TECHNO-COMMERCIAL BID)

Bidder's Name and Address : To

Contract Services
NTPC Ltd.,
Noida - 201301
Dear Sirs,

Check List of documents to be submitted for Envelop-I (Techno-Commercial) Bid.

-----------------------------------------------------------------------------------------------------------------------------
Sl. Details of Checks Enclosed : Yes / No
-----------------------------------------------------------------------------------------------------------------------------
1. BID FORM (TECHNO-COMMERCIAL BID) .................................

2. ATTACHMENT-1

3. ATTACHMENT-2

4. ATTACHMENT-3 (INCLUDING QR DETAILS & DEED .................................

OF JOINT UNDERTAKING, IF APPLICABLE)

5. ATTACHMENT-4 AND ATTACHMENT-4A .................................

6. ATTACHMENT-5 .................................

7. ATTACHMENT-6 .................................

8. ATTACHMENT-7 .................................

9. ATTACHMENT-8/8A .................................

10. ATTACHMENT-9 .................................

11. ATTACHMENT-10 .................................

12. ATTACHMENT-11 (NA) ................................

13. ATTACHMENT-12 .................................

14.* ATTACHMENT-13 .................................

Date : (Signature)........................................

Place : (Printed Name)..................................

(Designation)....................................
 ATTACHMENTS FOR
ENVELOPE-2 (PRICE)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Attachment-1P

(Declaration regarding Import Content in Ex-works price of Schedule-2)

Dear Sirs,

Declaration regarding Import Content included in Schedule-2 of our bid price

The details of Import Content included in Schedule-2 of our bid price are as follows:

——————————————————————————————————————
[Link]. Description of Items Quantity *Value (included in our Bid Price)
———————————————————————————————————————

——————————————————————————————————————

These details are furnished for the purpose of issuance of the Required Certificate as per
ITB Clause 10.6. We further confirm that we shall be solely responsible for availing
benefits (If Available).

* Please state the currency and fill in the amount in figures and words.

Date : (Signature).................................................

Place : (Printed Name)..........................................

(Designation).............................................

(Common Seal)..........................................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 ATTACHMENT-2P

(Declaration regarding Customs Duty Benefits for Import of

Construction Equipment)

Dear Sir,

1. We confirm that we are solely responsible for obtaining the Customs Duty Benefits for
import of Construction Equipment which we have considered in our bid and in case
of failure to receive such benefits, Employer will not compensate us in any manner
whatsoever.

2. We further confirm that we will not claim for adjustment in Contract Price on account of
variation in or withdrawal of Custom Duty Benefits for Import of Construction Equipment.

3. We are furnishing below the information required by the Employer for issue of relevant
Certificates in terms of the Customs Act & Notification of the Govt. of India:

(A) *CIF Value of Construction Equipment to be imported by the Bidder including sub-
contractor(s) of the Bidder.

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

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

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

We further confirm that aforesaid CIF value has not been included in
Attachment-1P.

* Please state the currency and fill in the amount in figures and words.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 B. Description and quantities of the Construction Equipment to be imported by
the Bidder / sub-contractor(s) for deployment to site under the p a c k a g e .

----------------------------------------------------------------------------------------------------------
Sl. Description of Quantity (No.)
item to be imported
----------------------------------------------------------------------------------------------------------

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

C. We confirm that the Construction Equipment being imported as per 'B'

above shall be deployed at the Project Site for the purpose of
execution of Package as per bidding document No. …………………..

Note : Continuation sheets of like size and format may be used as per
Bidders requirements and shall be annexed to this Attachment.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 ATTACHMENT – 3P

[FUNCTIONAL GUARANTEES]

Dear Sirs

We declare that the ratings, capacities and performance figures of the equipment furnished by us under
the package are guaranteed. We further declare that in the event of any deficiencies in meeting the
guaranteed figures indicated below as established after conducting the guarantee tests, you may at your
discretion accept the equipment/system after assessing the liquidated damages as specified in Section-VI
(Technical Specifications) of the Bidding Documents, or reject the equipment/system and recover
payments already made.
-----------------------------------------------------------------------------------------------------------------------
[Link]. Guaranteed Parameters Guaranteed Figures
------------------------------------------------------------------------------------------------------------- --

[As per Technical Specification]

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 ATTACHMENT-4P

(Price Adjustment Data)

(NOT APPLICABLE)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 (CHECKLIST FOR PRICE BID)

Bidder's Name and Address : To

Contract Services
NVVN Ltd.,
Noida - 201301
Dear Sirs,

Check List of documents to be submitted for Envelop-II (Price) Bid.

-----------------------------------------------------------------------------------------------------------------------------
Sl. Details of Checks Enclosed : Yes / No No.
-----------------------------------------------------------------------------------------------------------------------------

1. ATTACHMENT-1P

3. ATTACHMENT-2P

4. ATTACHMENT-3P

5. ATTACHMENT-4P

6.* …………………………

Date : (Signature)........................................

Place : (Printed Name)..................................

(Designation)....................................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 NTPC VIDYUT VYAPAR NIGAM LIMITED
(A wholly owned Subsidiary of NTPC Limited)

BIDDING DOCUMENTS

FOR

DEVELOPMENT OF 8.0 MW GRID CONNECTED

ROOF TOP SOLAR POWER PROJECT AT DRDO HYDERABAD
SECTION – VII
BOOK 2 OF 2

BIDDING DOCUMENT NO.: NVVN/C&M/RE-353/2024-25

(This document is meant for the exclusive purpose of bidding against this Bid Document No. /
Specification and shall not be transferred, reproduced or otherwise used for purposes other
than that for which it is specifically issued).

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 TABLE OF FORMS AND PROCEDURES

--------------------------------------------------------------------------------------------------------------------
[Link]. Description
--------------------------------------------------------------------------------------------------------------------

Section-VII (Part 1 of 2)

1a. Techno-Commercial Bid (Envelope-1)

(Bid Form along with Attachments)

1b. Price Bid (Envelope-2)

(Attachments for Envelope-II and Price Schedules)

Section-VII (Part 2 of 2)

2. Bid Security Form - Bank Guarantee

2a. Form of Insurance Surety Bond towards Bid Security

2b. Bid Security Form - Bank Guarantee - NOT APPLICABLE

in case of Bid from Joint Venture

2b. Bid Security Form - Letter of Credit - NOT APPLICABLE

3 (a) Form of Notification by the Employer to the Bidder - NOT APPLICABLE

(b) Form of Sight Draft - NOT APPLICABLE

4. Forms of Notification of Award

5. Form of Contract Agreement

6. Performance Security Form

6a. Performance Security Form in case

of Contract awarded to Joint Venture

7(i). Bank Guarantee Form for Advance Payment

(Supply Ex-Works)

7(ii). Bank Guarantee Form for Advance Payment

(Installation Services)

7(iii). Bank Guarantee Form for Advance Payment

(in case of Contract awarded to Joint Venture)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
--------------------------------------------------------------------------------------------------------------------
Sl. No. Description
--------------------------------------------------------------------------------------------------------------------

8. Form of Completion Certificate

9. Form of Operational Acceptance Certificate

10. Form of Trust Receipt

11. Forms of Indemnity-cum-Undertaking Agreements (2 Nos.)

12. Form of Authorization Letter

13. Form of Deed of Joint Undertaking

14. Form of Bank Guarantee/Insurance Surety Bond by Associate/

Collaborator

15. Form of Joint Venture Agreement

16. Form of Bank Guarantee/Insurance Surety Bond Verification Check List

17. Form of Extension of Bank Guarantee/Insurance Surety Bond

18. Form of Indemnity-cum-Undertaking Agreement (for Removal of

Surplus Material and scraps)

19. Form of Contract Closing Certificates

20. Declaration of absence of Conflict of Interest with Conciliation Committees of Independent Experts
(CCIE)

21. Declaration of Absence of Conflict of Interest with Independent Engineer (IE)

22. Electronic Fund Transfer form

23. BG forwarding letter from Bank to Unified Treasury in Bank’s letterhead

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 2. BID SECURITY FORM
Bank Guarantee

(To be stamped in accordance with Stamp Act,

if any, of the Country/ state of the issuing Bank)

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

Date...............................................
To :

NTPC VIDYUT VYAPAR NIGAM LIMITED

5th floor Engineering Office Complex,
Plot No. A-8A Sector 24, Block A,
Noida, Uttar Pradesh 201301

Dear Sirs,
In accordance with Invitation for Bids under your Bid Document No ........................... , M/s
.................................(***)...................................... having its Registered/Head Office at
……………………………….hereafter called the 'Bidder') wish to participate in the said bid for [Name
of Package]..........................................................................

As an irrevocable bank guarantee against Bid Security for an amount of

............................(*)...........................................valid for ...............................................days
from..................................................(**)........................................required to be submitted
by the Bidder as a condition precedent for participation in the said bid which amount is liable to
be forfeited on the happening of any contingencies mentioned in the Bidding Documents.

We, the ............................................................................................[Name & address of

the Bank]…................................................................................having our Head Office
at…..................................(#)................................................guarantee and undertake to
pay immediately on demand by.....................................[Name of the Employer]
(hereinafter called the ‘Employer’)................................................the amount of
............................................(*) ........................................ without any reservation, protest, demand and
recourse. Any such demand made by the 'Employer' shall be conclusive and binding on us
irrespective of any dispute or difference raised by the Bidder.

This Guarantee shall be irrevocable and shall remain valid up to ...............(@)............ If any
further extension of this guarantee is required, the same shall be extended to such required
period (not exceeding one year) on receiving instructions from M/s.........(***)…….............[Bidder's
Name]....................... on whose behalf this guarantee is issued.
In witness whereof the Bank, through its authorised officer, has set its hand and stamp on
this..............................................................day of..................................20..........at.........

....................................................................
(Signature)

.................................................................
(Name)
.....................................................................
(Designation with Bank Stamp)
Authorised Vide

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Power of Attorney No................................
Date............................................................
NOTE : 1. (*) The amount shall be as specified in the bidding documents.

(**) This shall be the date of opening of bids.

(#) Complete mailing address of the Head Office of the Bank to be given.

(@) This date shall be forty five (45) days beyond the validity of bid.

2. The Bank Guarantee (BG) shall be from a Bank as per provisions of the bidding
documents.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per

Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the rate
prevailing in the State where the BG is executed, whichever is higher. The Stamp Paper/e-
Stamp paper shall be purchased in the name of Bidder/Bank issuing the guarantee.

4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to
the points mentioned in Bank Guarantee Verification Check List in the bidding documents.
Bidders are required to fill up this Check List and enclose the same along with the Bank
Guarantee.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of
NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-I/AMT-
1/2014-15/370 dated 04.09.2014 (attached with Section-III of Bidding Documents.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 2a. Form of Insurance Surety Bond towards Bid Security
(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No. ….....................

Date..................................................
To
[Employer's Name and Address]

Dear Sirs,

In accordance with Invitation for Bids under your Bid Document No. ........................................,
M/s...............................[Bidder’s Name]................................. having its Registered/Head Office at
............................................................. (hereinafter called the 'Bidder') wish to participate in the said bid
for [Name of Package] ....................................................................................... As an irrevocable
Insurance Surety Bond against Bid Security for an amount of .....................................(*)
...................................... valid for............................................................... days from
..................................................(**)........................................ required to be submitted by the Bidder as
a condition precedent for participation in the said bid which amount is liable to be forfeited on the
happening of any contingencies as mentioned under the Bidding Documents.

We, the ................................................................................ [Name & address of the Insurer]

.........................................................having our Head Office at ................................................... (#)
................................................... guarantee and undertake to pay immediately on demand by NTPC
Vidyut Vyapar Nigam Limited (hereinafter called the 'Employer') the amount of
............................................(*)..........................................without any reservation, protest, demand and
recourse. Any such demand made by the 'Employer' shall be conclusive and binding on us irrespective
of any dispute or difference raised by the Bidder and/or any right/remedy available to the bidder in
terms thereof.

This Insurance Surety Bond shall be unconditional as well as irrevocable and shall remain valid upto
............................(@)........... If any further extension of this Insurance Surety Bond is required, the
same shall be extended to such required period (not exceeding one year) on receiving instructions
from M/s ...................... .......................[Bidder's Name].......................... on whose behalf this Insurance
Surety Bond is issued.

In witness where of the Insurer, through its authorised officer, has set its hand and stamp on
this..........................................................................day of...................................20..........at.........
..........................................................

(Signature)
..........................................................
(Name)
..........................................................
(Designation with Insurer Stamp)
Authorised Vide
Power of Attorney No........................
Date....................................................

NOTE : 1. (*) The amount shall be as specified in the Bid Data Sheets.

(**) This shall be the date of opening of Techno-Commercial bids.

(#) Complete mailing address of the Head Office of the Insurer to be given.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 (@) This date shall be forty five (45) days after the last date for which the bid is valid.

2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued by Insurance
Regulatory and Development Authority of India (IRDAI) as amended from time to time.

3. The Employer shall be the Creditor, the Bidder shall be the Principal debtor and the Insurance
company/Insurer shall be the Surety in respect of the Insurance Surety Bond to be issued by
the Insurer.

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of

appropriate value as per Stamp Act prevailing in the state(s) where the Insurance Surety Bond
is submitted or is to be acted upon or the rate prevailing in State where the Insurance Surety
Bond is executed, whichever is higher. The Stamp Paper/e-stamp paper shall be purchased in
the name of Bidder/Insurer issuing the Insurance Surety Bond.

5. While getting the Insurance Surety Bond issued, Bidders are required to ensure compliance to
the points mentioned in Form of Bank Guarantee/Insurance Surety Bond Verification Check
List enclosed in this Section of Bidding Documents. Further, Bidders are required to fill up this
Form and enclose the same with the Insurance Surety Bond.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 2b. Bid Security Form

(IN CASE OF BID FROM JOINT VENTURE) – NOT APPLICABLE

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM No. 2 (b)

BID SECURITY - LETTER OF CREDIT

- NOT APPLICABLE -

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 3. (a) FORM OF NOTIFICATION BY THE
EMPLOYER TO BIDDER

(b) FORM OF SIGHT DRAFT

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 3a. FORM OF NOTIFICATION BY THE EMPLOYER TO THE BIDDER

- NOT APPLICABLE -

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 3b. FORM OF SIGHT DRAFT

- NOT APPLICABLE -

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 4. FORM OF NOTIFICATION OF AWARD

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 4a. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT' FOR
SUPPLY OF PLANT AND EQUIPMENT

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 for Supply of................................... (Package

Name) ................................................ as per Bidding Document No..............................

Dear Sir,

1.0 This has reference to the following:

(i) Our Invitation for Bids (IFB) No. ...................................dated........................

(ii) Bidding Documents for the subject package issued to you vide our letter no.
.................................. dated............................. comprising the following :

.......................(List out all the Sections/Volumes of the Bidding Documents

along with Tender Drawings etc. as issued to the bidder)..........

Errata/Amendment No........................ to.............. (Name of Section/Volume of the

Bidding Documents to which Errata/Amendment pertains)................. issued to
you vide our letter no. ........................... dated .............................

(Applicable only if any Errata/Amendment to the Bidding Documents has been

issued subsequently)

(iii) Clarifications furnished to you on the Bidding Documents vide our letter
no.................... dated ............................... based on the query raised by you/one of
the prospective bidders. (Use as applicable)

(Applicable only if any clarification to the Bidding Documents has been

issued subsequently)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 (INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER
CORRESPONDENCE MADE TO THE BIDDER AFTER ISSUANCE OF
BIDDING DOCUMENTS UP TO THE DATE OF BID OPENING)

(iv) Your Proposal for the subject package submitted vide your letter No.
..................... dated...................... and its modification vide
letter no. ..................................... dated...................... (Delete if not
applicable).

(v) Our Fax message/letter No. ............................................. dated...............

regarding extension of validity of bid and that of the Bank Guarantee towards Bid
Security (If Applicable)

(vi) Our Fax message/letter No. .................................. dated......................................

inviting you for post bid discussions.

(vii) Post bid discussions and meetings we had with you from ................................. to
....................................... resulting into the following Minutes of Meeting enclosed
herein with this Notification of Award :

(a) Minutes of Meeting regarding Commercial issues (APPENDIX - ........)

(b) Minutes of Meeting on Technical issues (APPENDIX - ........................) (c)
Minutes of Meeting regarding Work Schedule (APPENDIX - ................)
(d) Minutes of Meeting regarding Quality Assurance Aspects (APPENDIX- ......)
2.0 We confirm having accepted your proposal submitted vide letter no. ........................
dated ............... and its modification vide letter no. ............................... dated (Delete if
not applicable) read in conjunction with all the specifications, terms & conditions of the
Bidding Documents, Your subsequent letters (Use if relevant) and agreed Minutes of
Meeting referred to in para 1.0 above and award on you the Contract for the work of
................................(Indicate brief Scope of Work) ......................................
of......................................... (Name of Package) .....................................for (Name of
project)......................................... as per Specification No. :.............................................
(hereinafter referred to as the 'First Contract').

3.0 We have also notified you vide our Notification of Award No. ...................................... dated
........................... for award of Second Contract on you for the work of
......................... (Indicate brief scope of work of the Second
Contract) .............................. complete ..................................... (Name of
Package) ........................... for ............................ (Name of Project) .................. as
per Bidding Document No......................... (hereinafter referred to as the 'Second
Contract').

3.1 We have also notified you vide our Notification of Award No. ...................................... dated
........................... for award of Third Contract on you for the work of .........................
(Indicate brief scope of work of the Third Contract) ..............................
complete ................................. (Name of Package) ........................... for
............................ (Name of Project) .................. as per Bidding Document
No......................... (hereinafter referred to as the 'Third Contract').

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 3.2 You shall also be fully responsible for the works to be executed under the 'Second Contract'
and/or “Third Contract” and it is expressly understood and agreed by you that any breach
under the 'Second Contract'” shall automatically be deemed as a breach of this 'First Contract'
and vice- versa and any such breach or occurrence or default giving us a right to terminate the
'Second Contract' and/or ‘Third Contract’ recover damages thereunder, shall give us an
absolute right to terminate this Contract and/or recover damages under this 'First Contract' as
well and vice-versa. However, such breach or default or occurrence in the 'Second Contract'
shall not automatically relieve you of any of your responsibilities/obligations under this ‘First
Contract’. It is also expressly understood and agreed by you that the
equipment/materials to be supplied by you under this Contract when installed and
commissioned under the 'Second Contract' and operated and maintained by you under
‘Third Contract’ shall give satisfactory performance in accordance with the provisions of the
Contract

4.0 The total Contract Price for the entire scope of work under the Contract shall be
.............................(Specify the amount and currency)......................... as per the
following break up :

(i) Ex-manufacturing works/place of .......................................................

despatch price (both in India) for Main
Equipment

(ii) Ex-manufacturing works/place of .......................................................

despatch price (both in India) for
Mandatory spares

(iii) Type test charges .......................................................

(Delete if not applicable)

TOTAL (i + ii + iii) .......................................................

(................ (Specify the total amount in words)................................................)

5.0 You shall prepare and finalize the Contract Documents for signing of the formal Contract
Agreement and shall enter into the Contract Agreement with us, as per the proforma
enclosed with the Bidding Documents, on non-judicial stamp paper of appropriate value
within......... (Specify).........days from the date of this Notification of Award.

6.0 This Notification of Award is being issued to you in duplicate. We request you 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.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Yours faithfully,

for and on behalf of

...........(Name of the Employer)..................

(Authorised Signatory)
Encl.: As above.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 3b. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT' FOR INSTALLATION
OF PLANT AND EQUIPMENT, CIVIL AND ALLIED WORKS ETC.

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 for Inland Transportation, Insurance, Installation, Civil
and Allied Works etc., Testing & Commissioning and Guarantee Tests of
........................................... (Package Name) ..................................... as per Bidding
Document No..............................

Dear Sir,

1.0 This has reference to the following:

(i) Our Invitation for Bids (IFB) ...............................................dated.................

(ii) Bidding Documents for the subject package issued to you vide our letter no.
.................................. dated............................. comprising the following :

.......................(List out all the Sections/Volumes of the Bidding Documents

along with Tender Drawings etc. as issued to the bidder)..........

Errata/Amendment No........................ to.................... (Name of Section/Volume of

the Bidding Documents to which Errata/Amendment pertains)................. issued
to you vide our letter no. ...........................dated.............................

(Applicable only if any Errata/Amendment to the Bidding Documents has been

issued subsequently)

(iii) Clarifications furnished to you on the Bidding Documents vide our letter
no.................... dated ............................... based on the query raised by you/one of
the prospective bidders. (Use as applicable)

(Applicable only if any clarification to the Bidding Documents has been

issued subsequently)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 (INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER
CORRESPONDENCE MADE TO THE BIDDER AFTER ISSUANCE OF
BIDDING DOCUMENTS UP TO THE DATE OF BID OPENING)

(iv) Your Proposal for the subject package submitted vide your letter No.
..................... dated .............. and its modification vide letter
no.
...................................... dated ...................... (Delete if not applicable).

(v) Our Fax message/letter No. ............................................. dated...............

regarding extension of validity of bid and that of the Bank Guarantee towards Bid
Security (If Applicable).
(vi) Our Fax message/letter No. .................................. dated......................................
inviting you for post bid discussions.

(vii) Post bid discussions and meetings we had with you from .................................... to
....................................... resulting into the following Minutes of Meeting enclosed
herein with this Notification of Award :

(a) Minutes of Meeting regarding Commercial issues (APPENDIX - ..........) (b)

Minutes of Meeting on Technical issues (APPENDIX - ................)
(b) Minutes of Meeting regarding Work Schedule (APPENDIX - ..........) (d) Minutes
of Meeting regarding Quality Assurance Aspects (APPENDIX-.)

2.0 We confirm having accepted your proposal submitted vide letter no. ........................ dated
............................. and its modification vide letter no................................ dated
.................. (Delete if not applicable) read in conjunction with all the specifications, terms
& conditions of the Bidding Documents, Your subsequent letters (Use if relevant)
and agreed Minutes of Meeting referred to in para 1.0 above and award on you the
Contract for the work of ............................(Indicate brief Scope of Work)
...................................... of ......................................... (Name of Package)
..................................... for (Name of project)......................................... as per Bid
Document No. : ........................................... (hereinafter referred to as the 'Second
Contract').

3.0 We have also notified you vide our Notification of Award No. ..................................... dated
.................... for award of 'First Contract' on you for the work of ....................... (Indicate
brief scope of work of the First Contract) .................. complete ................................
(Name of Package) ........................... for ................................. (Name of Project)
.................. as per Bidding Document No........................................ (hereinafter referred to as
the 'First Contract').

3.1 We have also notified you vide our Notification of Award No. ...................................... dated
........................... for award of ‘Third Contract’ on you for the work of .........................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 (Indicate brief scope of work of the Third Contract) ..............................
complete ................................. (Name of Package) ........................... for
............................ (Name of Project) .................. as per Bidding Document No.........................
(hereinafter referred to as the 'Third Contract').

3.2 You shall also be fully responsible for the works to be executed under the 'First Contract’ and
it is expressly understood and agreed by you that any breach under the 'First Contract’ shall
automatically be deemed as a breach of this 'Second Contract' and vice-versa and any such
breach or occurrence or default giving us a right to terminate the 'First Contract' and/or
recover damages thereunder, shall give us an absolute right to terminate this Contract
and/or recover damages under this 'Second Contract' as well and vice-versa. However, such
breach or default or occurrence in the 'First Contract' shall not automatically relieve
you of any of your responsibilities/obligations under this 'Second Contract'. It is also
expressly understood and agreed by you that the equipment / materials to be supplied by you
under the 'First Contract' when installed and commissioned under this 'Second Contract'
shall give satisfactory performance in accordance with the provisions of the Contract.

4.0 The total Contract Price for the entire scope of work under the Contract shall be
.......................... (Specify the amount and currency) ........................ as p er the
following break up :

(i) Inland transportation and inland transit .......................................................

insurance charges
for Main Equipment

(ii) Inland transportation and inland transit .......................................................

insurance charges
for Mandatory spares

(iii) Unloading and handling at site, ........................................................

storage, erection, insurance covers
other than inland transit insurance,
testing, commissioning and
conducting Guarantee Tests Charges

(iv) Civil and Allied Works etc. ......................................................

(v) Payment related to safety aspect

TOTAL (i + ii + iii + iv+ v) ................................................

(................(Specify the total amount in words)...............................................)

5.0 You shall prepare and finalise the Contract Documents for signing of the formal Contract

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Agreement and shall enter into the Contract Agreement with us, as per the proforma
enclosed with the Bidding Documents, on non-judicial stamp paper of appropriate value
within.........(Specify).........days from the date of this Notification of Award.

6.0 This Notification of Award is being issued to you in duplicate. We request you 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 Employer)..................

(Authorised Signatory)

Encl.: As above.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 3c. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT
FOR OPERATION & MAINTENANCE OF COMPLETE SOLAR PV PLANT

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 for Operation & Maintenance of complete Solar PV plant
for a period of ____ years from the date of successful completion of commissioning
of................................... (Package Name) ................................................ as per Bidding Document
No..............................

Dear Sir,

1.0 This has reference to the following:

(i) Our Invitation for Bids (IFB) No. ...................................dated........................

(ii) Bidding Documents for the subject package issued to you vide our letter no.
.................................. dated............................. comprising the following :

.......................(List out all the Sections/Volumes of the Bidding Documents along with
Tender Drawings etc. as issued to the bidder)..........

Errata/Amendment No........................ to.............. (Name of Section/Volume of the Bidding

Documents to which Errata/Amendment pertains)................. issued to you vide our letter no.
........................... dated .............................

(Applicable only if any Errata/Amendment to the Bidding Documents has been issued
subsequently)

(iii) Clarifications furnished to you on the Bidding Documents vide our letter no....................
dated ............................... based on the query raised by you/one of the prospective bidders. (Use as
applicable)

(Applicable only if any clarification to the Bidding Documents has been issued
subsequently)
(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 CORRESPONDENCE MADE TO THE BIDDER AFTER ISSUANCE OF BIDDING
DOCUMENTS UP TO THE DATE OF BID OPENING)

(iv) Your Proposal for the subject package submitted vide your letter No. .....................
dated...................... and its modification vide letter no.
..................................... dated...................... (Delete if not applicable).

(v) Our Fax message/letter No. ............................................. dated............... regarding

extension of validity of bid and that of the Bank Guarantee towards Bid Security.

(Applicable only if any extension has been sought subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY THER

CORRESPONDENCE MADE TO OR BY THE BIDDER AFTER BID OPENING)

(vi) Our Fax message/letter No................................ dated...................................... inviting you for

post bid discussions.

(vii) Post bid discussions and meetings we had with you from ................................. to
....................................... resulting into the following Minutes of Meeting enclosed herein with this
Notification of Award :

(a) Minutes of Meeting regarding Commercial issues (APPENDIX - ........)

(b) Minutes of Meeting on Technical issues (APPENDIX - ........................) (c) Minutes of
Meeting regarding Work Schedule (APPENDIX - ................)
(d) Minutes of Meeting regarding Quality Assurance Aspects (APPENDIX-......)

2.0 We confirm having accepted your proposal submitted vide letter no. ........................ dated
............... and its modification vide letter no. ............................... dated (Delete if not applicable)
read in conjunction with all the specifications, terms & conditions of the Bidding Documents, Your
subsequent letters (Use if relevant) and agreed Minutes of Meeting referred to in para 1.0 above and
award on you the Contract for the work of ..................(Indicate brief Scope of Work)
...................................... of......................................... (Name of Package)
.....................................for (Name of project)......................................... as per Specification No.
:............................................. (hereinafter referred to as the 'Third Contract').

3.0 We have also notified you vide our Notification of Award No. ........................ dated
...................for award of First Contract on you for the work of ................. (Indicate brief scope
of work of the First Contract) .............................. complete
..................................... (Name of Package) ........................... for ............................
(Name of Project) .................. as per Bidding Document No......................... (hereinafter referred to as
the 'First Contract').

3.1 We have also notified you vide our Notification of Award No. ........................ dated
...................for award of ‘Second Contract’ on you for the work of ................. (Indicate brief

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 scope of work of the Second Contract) .............................. complete
..................................... (Name of Package) ........................... for ............................
(Name of Project) .................. as per Bidding Document No......................... (hereinafter referred to
as the 'Second Contract').

4.0 The total Contract Price for the entire scope of work under the Contract shall be
............................. (Specify the amount and currency)......................... as per the following break up :

(i) Operation & maintenance of complete Solar PV plant for a period of _____ years from the date
of successful completion of commissioning.......................................................

TOTAL (i) .......................................................

(................ (Specify the total amount in words)................................................)

5.0 You shall prepare and finalize the Contract Documents for signing of the formal Contract
Agreement and shall enter into the Contract Agreement with us, as per the proforma enclosed with the
Bidding Documents, on non-judicial stamp paper of appropriate value within......... (Specify).........days
from the date of this Notification of Award.

6.0 This Notification of Award is being issued to you in duplicate. We request you 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 Employer)..................

Encl.: As above.
(Authorized Signatory)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 5. FORM OF CONTRACT AGREEMENT

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 5. Form of Contract Agreement

THIS CONTRACT AGREEMENT is made the _____________day of___________, 20____..

BETWEEN
(1) [Name of Employer], a corporation incorporated under the laws of [country of Employer] and having
its principal place of business at [address of Employer] (hereinafter called “the Employer”), and (2) [name
of Contractor], a corporation incorporated under the laws of [country of Contractor] and having its
principal place of business at [address of Contractor] (hereinafter called “the Contractor”)

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver, install,
complete and commission certain Facilities, viz. [list of facilities] (“the Facilities”) and the Contractor have
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 2)

Documents The following documents shall constitute the Contract between the
Employer and the Contractor, and each shall be read and construed
as an integral part of the Contract:

(a) This Contract Agreement and the Appendices hereto

(b) Notification of Award read in conjunction with Amendments/
Erratas, if any
(c) Special Conditions of Contract read in conjunction with
Amendments/ Erratas, if any
(d) General Conditions of Contract read in conjunction with
Amendments/ Erratas, if any
(e) Technical Specifications and Drawings read in conjunction
with Amendments/ Erratas, if any
(f) The Bid and Price Schedules submitted by the
Contractor
(g) Form and Procedures (as listed) read in conjunction with
Amendments/ Erratas, if any
(h) Integrity Pact

1.2 Order of Precedence (Reference GCC Clause 2)

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

1.3 Definitions (Reference GCC Clause 1)

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

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Article 2. Contract 2.1 Contract Price (Reference GCC Clause 11)
Price and Terms of The Employer hereby agrees to pay to the Contractor the
Payment Contract Price in consideration of the performance by the Contractor
of its obligations hereunder. The Contract Price shall be the
aggregate of: [amount of local currency in words], [amount in
figures], or such other sums as may be determined in accordance
with the terms and conditions of the Contract.

2.2 Terms of Payment (Reference GCC Clause 12)

The terms and procedures of payment according to which the
Employer will reimburse the Contractor are given in Appendix 1
(Terms and Procedures of Payment) hereto.

Article 3. Effective 3.1 Effective Date (Reference GCC Clause 1)

Date for Determining The Time of Completion of the Facilities shall be deter-
Time for Completion mined from the date of Notification of Award provided all of the
following conditions have been fulfilled within a period of two (2)
months from the date of said Notification of Award:

(a) This Contract Agreement has been duly executed for and on
behalf of the Employer and the Contractor;

(b) The Contractor has submitted to the Employer the

performance security, security towards faithful performance
of the Deed(s) of Joint Undertaking (if applicable) and the
advance payment security;

(c) The Employer has paid the Contractor the Advance

Payment.

Each party shall use its best efforts to fulfill the above conditions for
which it is responsible as soon as practicable.

3.2 If the conditions listed under 3.1 are not fulfilled within two (2)
months from the date of Notification of Award because of reasons
attributable to the Employer, the Contract would become effective
only from the date of fulfillment of all the above mentioned
conditions and, the parties shall discuss and agree on an equitable
adjustment to the Contract Price and the Time for Completion and/or
other relevant conditions of the Contract.

3.3 However, if any of the conditions listed under 3.1 above are not
fulfilled within two (2) months from the date of Notification of Award
because of reasons attributable to the Contractor, the Contract will
be effective from the date of Notification of Award. In this case,
Contract price and/or time for completion shall not be adjusted.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Article 4. It is expressly understood and agreed by and between the
Contractor and the Employer that the Employer is entering into this
Agreement solely on its own behalf and not on behalf of any other
person or entity. In particular it is expressly understood and agreed
that the 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 Employer 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 Employer is not an Agent,
Representative or Delegate of the Govt. of India. It is Further
understood and agreed that the Government of India is not and shall
not be liable for any acts, omissions, 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, impleader claims or counter claims
against the Government of India arising out of this Contract and
covenants not to sue the Government of India as to any manner,
claim, cause of action or thing whatsoever arising of or under this
Agreement.

Article 5. Appendices The Appendices listed in the attached list of Appendices shall be deemed to form
an integral part of this Contract Agreement.

Reference in the Contract to any Appendix shall mean the

Appendices attached hereto, and the Contract shall be read and
construed accordingly.

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

Signed by for and on behalf of the Employer

__________________________________________________________
[Signature]

__________________________________________________________
[Title]

in the presence of _____________________________________________

Signed by for and on behalf of the Contractor

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
_________________________________________________________________
[Signature]

_________________________________________________________________
[Title]

in the presence of __________________________________________________

CONTRACT AGREEMENT

dated the_________________ day of____________________, 20____________

BETWEEN

______________________________________________________________
[“the Employer”]

and

______________________________________________________________
[“the Contractor”]

APPENDICES

Appendix 1 Terms and Procedures of Payment

Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Approved Subcontractors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Documents for Approval or Review
Appendix 8 Functional Guarantees

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 TERMS AND PROCEDURES OF PAYMENT

In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer shall
pay the Contractor in the following manner and at the following times, based on the Price
Break down given in the Section on Price Schedules. Application for payment in respect of
part deliveries may be made by the Contractor as work proceeds.

TERMS OF PAYMENT

A. Schedule No.1: Plant and Equipment (excluding Mandatory spares and Type tests)

In respect of plant and equipment supplied the following payments shall be made:

For Ex-works Price component of plant and Equipment (excluding Mandatory spares and
Type tests)

(I) Five Percent (5 %) of the total Ex-Works price component as Initial Advance Payment
on:

(a) Acceptance of Notification of Award and Signing of the Contract Agreement.

(b) Submission of an unconditional Bank Guarantee covering the advance amount
plus GST as applicable on the advance payment to be paid to the contractor,
which shall be initially kept valid upto (ninety) 90 days beyond the schedule date
for Completion of the last facility covered under the Package. However, in case
of delay in completion of the facilities covered under the package, the validity of
this Bank Guarantee shall be extended by the period of such delay. Proforma of
Bank Guarantee is enclosed in Section-VII - Bank Guarantee Form for Advance
Payment.
(c) Submission of unconditional Bank Guarantees towards Contract Performance
Securities in respect of all Contracts, initially valid upto ninety (90) days after one
year from the Completion of Facilities of Entire Project. The proforma of Bank
Guarantee is enclosed in Section-VII - Form of Performance Security.
(d) Submission of a detailed PERT Network based on the work schedule stipulated
in Appendix-4 to the Form of Contract Agreement and its approval by the
Employer.
(II) Seventy Five Percent (75%) of Ex-works price component of the Contract price for each
identified equipment on receipt of equipment at site on prorate basis and physical
verification and certification by the Project Manager for the equipment received and
stored at site.
(III) Ten Percent (10%) of Ex-works price Component of the contract price on successful
Commissioning of the premise (i.e Net metering/Net billing) on certification by the Project
Manager.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 (iii) Ten Percent (10%) of Ex-works price component of the Contract price on Completion
of Facilities of Entire Project and issuance of Completion Certificate by the project
manager.

Note:
(i) The prorata payment will be based on the detailed price break-up furnished by the
Contractor and approved by the Employer. The Billing Break Up shall be generally on
item rate basis. However, for the items which are generally supplied and billed on weight
(tonnage) basis, the Billing Break-Up may be considered on weight (tonnage) basis.
(ii) In case Installation Price including Civil/Structural works price is less than 10% of the Ex-
works Price of Main Equipment, the amount by which it is lower shall be retained proportionately
from the Ex-works component of Contract price while releasing payments due on receipt of
equipment, and no interest shall be payable on the retained amount. The aforesaid retained
amount shall be paid on pro-rata basis upon completion of installation of the respective
equipment and its certification by the Project Manager.
(iii) In case the Contractor decides not to take advance payment mentioned at (I) above,
advance amount shall be paid progressively on pro- rata basis along with the receipt
payment, as specified in para (II) above.
(iv) The release of pro-rata payment at (III) above shall also be subject to submission of
documentary evidence by the Contractor towards having taken the insurance policy(ies)
in terms of relevant provisions of GCC Clause 34 (Insurance) and acceptance of same by
the Project Manager.
(V) In case the Transportation (including Inland Transit Insurance) is more than 4% of
Schedule 1, the amount by which it is higher shall be retained while releasing progressive
payments due on transportation, and no interest shall be payable on the retained amount.
The aforesaid retained amount shall be paid along with payment due on Commissioning of
the Premise.

B. Deleted

C. Schedule No. 2: Local Transportation

a) All Plant and Equipment

Hundred Percent (100%) of Local Transportation charges (including port clearance, port
handling and port charges etc., if applicable, and inland transit insurance charges) for the
plant and equipment including mandatory spares and also recommended spares (if
ordered) shall be paid to the Contractor pro-rata to the value of the equipment/spares
received at site and on production of invoices by the Contractor. The aggregate of all such
pro-rata payments shall, however, not exceed the total amount identified in the Contract for
Local Transportation. However, where item wise local transportation charges (including
port clearance, port handling and port charges etc., if applicable, and inland transit
insurance charges) have been identified in the Contract, the payment for the same shall be

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 made after receipt of the equipment/spares at site, based on the charges so identified in
the Contract

D. Schedule No. 3: Installation Services excluding operation and maintenance.

The Installation Services component of the Equipment Price shall be paid as under:

(I) Ten Percent (10%) of the Installation Services Component of the Contract Price will be paid
to the Contractor, bearing interest at the rate of “[SBI 1-year MCLR as on 01st April of
applicable year + 150 bps] per annum as advance payment on:

(i) Acceptance of Notification of Award and Signing of Contract Agreement.

(ii) Establishing their office at site or resources at site in preparatory to

commencement of installation.

(iii) Submission of an unconditional Bank Guarantee for an amount equivalent to

one hundred ten percent (110%) of the advance amount plus GST as
applicable on the advance payment to be paid to the contractor, which shall be
initially kept valid upto ninety (90) days beyond the schedule date for successful
'Completion of the Facilities' under the Package. However, in case of delay in
completion of the facilities covered under the package, the validity of this
advance Bank Guarantee shall be extended by the period of such delay. The
proforma of the Bank Guarantee is enclosed in Section-VII - Bank Guarantee
Form for Advance Payment.

(iv) Submission of unconditional Bank Guarantees towards Contract Performance

Securities in respect of all Contracts, initially valid upto ninety (90) days after one
year from the Completion of Facilities of Entire Project. The proforma of Bank
Guarantee is enclosed in Section-VII - Form of Performance Security.
(v) In case of Joint Deed of Undertaking (if applicable) by the contractor along with
his Collaborator/ Associate forms part of the contract then submission of an
unconditional Bank Guarantee from such Collaborator(s)/Associate(s) towards
faithful performance of the Joint Deed of Undertaking for an amount specified in
the deed and valid upto ninety (90) days after the end of defect liability period of
all equipment covered under the contract. The proforma of Bank Guarantee is
enclosed in Section-VII- Form of Performance Security. -- If Applicable –

(vi) Submission of a detailed PERT Network based on the work schedule stipulated

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 in Appendix - 4 to the Form of Contract Agreement and its approval by the
Employer.T&P mobilization as identified along with PERT network for start of
Erection and Certification thereof by the Engineer-in-Charge.

(vii) Advance Payment for Installation services/ works price components shall be
released after certification of Engineer-in-Charge that the Contractor has brought to site
the Safety equipments & Safety Personal Protective Equipments as per minimum
quantity specified in the Bidding Documents.
In case the Contractor decides not to take advance payment, the first progressive
payment for Installation services price component shall be released after certification of
Engineer-In-Charge that the contractor has brought to site the Safety equipments &
Safety Personal Protective Equipments as per minimum quantity specified in the Bidding
Documents.

II. Eighty Percent (80%) of the installation Services component of contract price shall be
paid on pro-rata basis on completion of installation of equipments on certification by the
Project Manager for the quantum of work completed and by the certification of Project
Manager field quality assurance & surveillance representative for the successful
completion of quality check points involved in the quantum of work billed.

III. Ten Percent (10%) of Ex-works price component of the Contract price on Completion of
Facilities of Entire Project and issuance of Completion Certificate by the project manager.

IV. Recovery of the interest component on the advance amount shall be made from the
progressive payments released to the Contractor as per D(II) above. The amount of
interest to be recovered from a particular bill shall be calculated @ “[SBI 1-year
MCLR as on 01st April of applicable year + 150 bps] per annum” on the value of
advance corresponding to the %age of total progressive payment being released. The
period for which the interest is to be calculated shall be reckoned from the date of release
of the advance payment to the actual date of release of the said progressive
payment or the expiry of the stipulated time frame for release of such progressive
payment under the contract, whichever is earlier. The interest on the advance payment
shall stand fully recovered on release of all the progressive payments. If the amount
payable under any interim bill is not sufficient to cover all deductions to be made for
interest on the advance payment and other sums

Deductible therefrom, the balance outstanding shall be recovered from the next
payments immediately falling due.

Notes: 1. The bidder shall furnish a detailed break-up for the Erection Price Component of the
package which shall be mutually discussed and finalized with the Owner. Progressive
payment for Erection will be made against monthly bills based on certification by the
Project Manager the work completed.
2. In case, the Contractor decides not to take interest bearing advance payment as on D (I),
the advance payment shall be proportionately adjusted in the balance payments excluding
final payments.
3. The release of first progressive payment for Installation Services shall also be subject to
BIDDING DOCUMENT NO.: …………………. PACKAGE FOR ………. PROJECT PAGE
……………………… SECTION-IV (GCC) 37 OF 87
 submission of documentary evidence by the Contractor towards having taken the
insurance policy(ies) in terms of relevant provisions of GCC Clause 34 (Insurance) and
acceptance of same by the Project Manager.

4. In case the Installation Price (excluding Civil/Structural works price) is more than 20% of the Ex-
works Price of Main Equipment, the amount by which it is higher shall be retained while releasing
progressive payments due on installation of equipment, and no interest shall be payable on the
retained amount. The aforesaid retained amount shall be paid along with payment due on
completion of Trial Operation / Completion of Facilities

E. Schedule No. 3: Civil Works and Allied Works etc.

The Civil Works Price Component of the Contract Price shall be paid as under

(I) Ten Percent (10 %) of the total Civil works Price component of the Contract Price will
be paid to the Contractor, bearing interest at the rate of “[SBI 1-year MCLR as on 01st
April of applicable year + 150 bps] per annum” as advance payment on:

(i) Acceptance of Notification of Award and Signing of Contract Agreement.

(ii) Submission of an unconditional Bank Guarantee(s) towards Performance

Security(s) in respect of all Contracts initially valid upto (ninety) 90 days after the
end of Defects Liability Period of the last equipment covered under the contracts.

The proforma of Bank Guarantee is enclosed in Section-VII, Form of

Performance Security.

(iii) In case of Joint Deed of Undertaking by the contractor alongwith his Collaborator/
Associate forms part of the contract then submission of an unconditional Bank
Guarantee from such Collaborators/Associates towards faithful performance of
the Joint Deed of Undertaking for an amount specified in the deed and valid upto
ninety (90) days after the end of defect liability period of all equipment covered
under the contract. The proforma of Bank Guarantee is enclosed in Section-VII-
Form of Performance Security. – If Applicable –

(iv) Submission of a detailed PERT Network based on the work schedule stipulated
in Appendix-4 to Form of the Contract Agreement and its approval by the
Employer.

(v) T&P mobilisation as identified along with PERT network for start of Civil Works
and Certification thereof by the Engineer-in-Charge.

(vi) Submission of an unconditional Bank guarantee for an for an amount

equivalent to one hundred ten percent (110%) of the advance amount plus
GST as applicable on the advance payment to be paid to the contractor, which
shall be initially kept valid upto ninety (90) days beyond the schedule date for
successful 'Completion of all Facilities under the Package. However, in case of

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 delay in completion of the facilities covered under the package, the validity of this
advance Bank Guarantee shall be extended by the period of such delay. The
proforma of the Bank Guarantee is enclosed in Section-VII - Bank Guarantee
Form for Advance Payment.

Advance Payment for Civil works price components shall be released after
certification of Engineer-in-Charge that the Contractor has brought to site the
Safety equipments & Safety Personal Protective Equipments as per minimum
quantity specified in the Bidding Documents.

In case the Contractor decides not to take advance payment, the first progressive
payment for Installation services price component shall be released after
certification of Engineer-in-Charge that the Contractor has brought to site the
Safety equipments & Safety Personal Protective Equipments as per minimum
quantity specified in the Bidding Documents.

(II) Eighty Percent (80 %) of the total Civil Works Price Component of Contract Price shall
be paid progressively on certification by the Project Manager for the quantum of work
completed/Milestones achieved and by Project Manager's field quality surveillance
representative for the successful completion of quality check points involved in the
quantum of work / Milestones billed.

The release of first progressive payment for Civil Works shall also be subject to
submission of documentary evidence by the Contractor towards having taken the
insurance policy(ies) in terms of relevant provisions of GCC Clause 34 (Insurance) and
acceptance of same by the Project Manager.

(III) Ten Percent (10%) of Ex-works price component of the Contract price on Completion of
Facilities of Entire Project and issuance of Completion Certificate by the project manager.

(IV) Recovery of the interest component on the advance amount shall be made from the
progressive payments released to the Contractor as per E (II) above. The amount of
interest to be recovered from a particular bill shall be calculated “[SBI 1-year MCLR as on
01st April of applicable year + 150 bps] per annum” on the value of advance
corresponding to the %age of total progressive payment being released. The period for
which the interest is to be calculated shall be reckoned from the date of release of the
advance payment to the actual date of release of the said progressive payment or the
expiry of the stipulated time frame for release of such progressive payment under the
contract, whichever is earlier. The interest on the advance payment shall stand fully
recovered on release of all the progressive payments. If the amount payable under any
interim bill is not sufficient to cover all deductions to be made for interest on the advance
payment and other sums deductible there from, the balance outstanding shall be
recovered from the next payments immediately falling due.

Note: Further break-up of the above percentages for making payments for the billing
period shall be furnished by contractor and will be discussed and agreed to by
the Employer in the Billing Break-up.

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 In case, the Contractor decides not to take interest bearing advance payment, the
advance payment shall be proportionately adjusted in the balance payments
excluding final payments.

F. Operation and Maintenance Charges

After completion of trial run as defined in bid documents, operation and maintenance
charges including all consumable, spares and equipments included in operation and
maintenance charges shall be paid on pro-rata basis every three months on the
certification of completion of work by Project Manager.
Bidders shall quote their O&M charges for first year and O&M charges from 2nd year till nth
year shall be auto calculated based on O&M charges for 1 st year and annual escalation
factor @ 5.25%.

In case total O&M Cost for n years is less than ____% of EPC Price, the amount by which it
is lower shall be retained from the Ex-Works component of Contract price while releasing
payments due on receipt of equipment, and no interest shall be payable on the retained
amount. The aforesaid retained amount shall be paid on pro- rata basis and released every
year upon completion of O&M Period and its certification by the project manager.

G. Payment terms for Price Adjustment Amount

NOT APPLICABLE

H. Schedule - 6: Payment Terms for Taxes & Duties

100% of applicable Taxes and Duties which are payable by the Employer under the
Contract shall be paid/reimbursed to the Contractor upon receipt of
equipment/spare/services and on production of satisfactory documentary evidence by the
Contractor. However, GST as applicable in Advance payment shall be paid to the
Contractor along with the Advance sanctioned. The GST paid along with the advance
shall be adjusted prorata against the tax due upon supply of goods/services, based on
the value of the respective goods/services.

I. Additional Advance Payment:

An Additional Advance upto 5% of the Ex works/Installation Services (including Civil
Works) price component, apart from the Advance already provided for in the specified
Terms of Payment, may be paid to the Contractor which shall be interest bearing and
against Bank Guarantee of 110% of the advance requested and covering the interest
charges. The advance amount shall be provided during various phases of Contract
execution to meet the requirement of payment by the Contractor to the contractor’s sub-
vendors/sub-contractors but in aggregate shall not exceed 5% of the Ex-
works/Installation Service (including Civil Works) Price Component. The advance
amount shall be released in Indian Rupees only and Tax implication, if any, shall be to
the account of the Contractor.
While applying for advance under this provision, the contractor shall provide a statement
of past payment utilization evidencing the need for cash flow support and also plan for
utilization of the amount requested as per above. The advance shall be provided in

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 exceptional circumstances to enable work to be carried out. The advance amount shall
be transferred to an ESCROW account (to be opened by the Contractor in any
Scheduled Bank of India under intimation to the Employer) and after availing the
advance, the contractor will be required to submit proof of utilization, as per the recovery
plan submitted to NVVN.
The advance amount shall be interest bearing and rate of interest to be notified by NVVN
from time to time. This advance shall not be lumpsum advance, but shall be provided in
phase to tide over the financial constraints being faced by the contractor, along with the
progress of work. The requirement of this advance shall be with the approval of the
NVVN Head of Project.
The recovery of the interest component on the advance amount shall be made from
subsequent progressive payment to be released to the contractor.
The period for which the interest to be calculated, shall be reckoned from the date of
release of the Additional Advance(s) to the actual date of release of subsequent
progressive payments as per the Plan to be agreed with the Contractor.
The advance amount shall be recovered from the milestone payment to be agreed
between Employer and the Contractor.

J. Schedule – 3: Amount linked to Safety Aspects / Compliance to Safety Rules

The amount linked to Safety Aspects/ compliance to Safety Rules shall be paid in two
parts, viz,

10% amount (calculated as 0.1 Y of the service portion amount of RA bill) shall be linked to
Fatal/Major Accidents, and

90% amount (calculated as 0.9 Y of the service portion amount of RA bill) shall be linked to
various Safety Aspects specified in Safety Rules of NTPC/NVVN.

NOTE:
(Amount linked to Safety Aspects/ Compliance to Safety Rules
specified in Price Schedule)
Y= X 100
(Total amount for Service Portion of the Contract, i.e. Civil + Installation/
Erection + Structural Works)

While raising each RA Bill, Contractor shall claim Amount linked to Safety Aspects/
Compliance to Safety Rules in such a manner that amount claimed is equal to Y% of the
service portion (Civil + Installation/ Erection + Structural Works) of RA Bill.

The amount linked to safety shall be paid to the contractor upon complying the following
conditions:

Amount of RA Bill linked to Fatal/ Major Accidents (0.1Y as elaborated above at para J.1.A)
Aforesaid amount shall be payable to Contractor only in case, there is
No fatal injury or accident causing death in the claim period and

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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 No Major injury or accident causing 25% or more permanent disablement to workmen or
employees in the claim period. Permanent disablement shall have the same meaning as
indicated in The Workmen's Compensation Act' 1923.

In case of any fatal injury or accident as elaborated above occurs during the claim period,
the stipulated amount (0.1Y) subject to minimum of Rs 10 Lakh per fatality shall be forfeited
and shall not be payable to the Contractor under the contract. In case, the amount to be
deducted/forfeited exceeds the amount linked to Fatal/ Major Accidents, the same shall be
recovered from remaining Amount (0.9Y) linked to Compliance of Safety Rules and/or any
other payments immediately due to the Contractor under the Contract.

In case of any Major injury or accident causing 25% or more permanent disablement to
workmen or employees occurs during that three month period, Rs 5 lakh per Major injury
shall be deducted from the amount (0.1Y) linked to Fatal/ Major Accidents and shall not be
payable to the Contractor under the contract. In case, the amount to be deducted/forfeited
exceeds the amount linked to Fatal/ Major Accidents, the same shall be recovered from
remaining Amount (0.9Y) linked to Compliance of Safety Rules and/or any other payments
immediately due to the Contractor under the Contract.

Further, in case, Contractor doesn’ t raise RA Bills in any three month period/quarter and if
any fatal injury and/or major accident takes place in that period, Project Manager shall
deduct the amount [Rs 10 Lakh per fatality and Rs 5 lakh per Major injury] pertaining to this
particular quarter from his next RA bill/due payment. In case, the amount to be
deducted/forfeited exceeds the amount linked to Safety, the same shall be recovered from
any other payments immediately due to the Contractor under the Contract.

The amount deducted/forfeited as mentioned above shall be in addition to the

compensation payable to the workmen / employees under the relevant provisions of the
Workmen's Compensation Act' 1923 and rules framed there under or any other applicable
laws as applicable from time to time.

Amount of RA Bill linked to Compliance of Safety Rules (0.9Y i.e. 90% of amount as
elaborated above at para K.1.B )
Aforesaid amount (on quarterly basis) shall be payable to Contractor in five equal parts
under five heads as under:
Amount payable on deployment of required Safety Personnel

One fifth of the amount specified at J.2.b (calculated as 0.18Y of Service portion amount of
RA Bill), on quarterly basis, shall be paid upon certification by Project Manager that
required number of Safety personnel have been deployed.

In case, actual no. of Safety personnel deployed is more than requisite number (i.e. a/b is
more than 1), the amount to be paid shall be restricted to 0.09Y.

In case aforesaid requisite no. of Safety personnel are not deployed by Contractor, amount
not to be paid as calculated above for that particular quarter/three month period shall be
forfeited and shall not be payable to the Contractor under the contract.

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 Amount payable on providing requisite Personal Protective Equipment & Safety Equipment

One fifth of the amount specified at J.2.b (calculated as 0.18Y of Service portion amount of
RA Bill), on quarterly basis, shall be paid upon certification by Project Manager that
Contractor has adhered to the requirements of Clause 4 (Personal Protective Equipment)
of NTPC/NVVN Safety Rules for Construction and Erection of Power Plants’ and the
provisions of the Bidding Documents with regards to number of Safety Equipment/PPEs to
be provided by the Contractor.

In case of non-compliance by Contractor, warning letter/Non-compliance shall be issued by

Project Manager of NVVN as per clause 22.3.3 (ii) of GCC. Further, if more than two such
warning letters/Non Compliance Memos are issued in a quarter/three monthly period,
above mentioned amount for that particular quarter/three month period shall be forfeited
and shall not be payable to the Contractor under the contract.

Amount payable on providing requisite Safety Induction and Training

One fifth of the amount specified at J.2.b (calculated as 0.18Y of Service portion amount of
RA Bill), on quarterly basis, shall be paid upon certification by Project Manager that
Contractor has adhered to the requirements of imparting Safety training as per Clause
8.0 (Safety Induction and Training) of NTPC/NVVN Safety Rules for Construction and
Erection of Power Plants to at least 90% of its employees/workmen (who have not been
previously provided with requisite training) in a quarter/ three months period.

In case Contractor fails in meeting the aforesaid requirement, above mentioned amount for
that particular quarter/three month period shall be forfeited and shall not be payable to the
Contractor under the contract.

Amount payable on providing requisite Medical and First Aid Amenities

One fifth of the amount specified at J.2.b (calculated as 0.18Y of Service portion amount of
RA Bill), on quarterly basis, shall be paid upon certification by Project Manager that
Contractor has adhered to the requirements of Clause 13 (Medical and First Aid Amenities)
of NTPC/NVVN Safety Rules for Construction and Erection of Power Plants’ .

In case Contractor fails to provide Medical and first aid amenities as per requirement of
aforesaid Clause 13 even on one incidence in any quarter/three month period, above
mentioned amount for that particular quarter/three month period shall be forfeited and shall
not be payable to the Contractor under the contract.

Amount payable on compliance to Work Permit System

One fifth of the amount specified at J.2.b (calculated as 0.18Y of Service portion amount of
RA Bill), on quarterly basis, shall be paid upon certification by Project Manager in
consultation with Safety dept. that Contractor has adhered to the requirements of Clause
17 (Work Permit System) of NTPC/NVVN Safety Rules for Construction and Erection of
Power Plants.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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 In case of non-compliance by Contractor, warning letters/Non Compliance Memos shall be
issued by Project Manager of NTPC/NVVN as per clause 22.3.3 (v) of GCC.

In case of issuance of more than two such warning letters/Non Compliance Memos in a
quarter/three monthly period, above mentioned amount for that particular quarter/three
month period shall be forfeited and shall not be payable to the Contractor under the
contract

In case ‘ Amount linked to Safety Aspects / compliance to Safety Rules’ is less than 5 %
of the cumulative total of Service Portion of the Contract, i.e. Civil + Installation/ Erection +
Structural Works, the amount by which it is lower shall be retained proportionately from the
other components of Schedule-3 of the Contract price while releasing payments of each
RA bill. No interest shall be payable on the amounts linked to Safety Aspects / Compliance
to Safety Rules including aforesaid retained amount. The amounts linked to Safety Aspects
/ Compliance to Safety Rules including aforesaid retained amount shall be payable in part
or full based on safety compliance duly certified by Project Manager on quarterly basis.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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 PAYMENT PROCEDURES

The Procedures to be followed in making application for, certifying and making payments
shall be as follows:

1. Payment Schedule/Price Break-up for Payments

1.1 The Contractor shall prepare and submit to the Project Manager for approval, a break-up
of the Contract Price. The Contract Price break-up shall be interlinked with the agreed
detailed PERT network of the Contractor setting forth his starting and completion dates
for the various key phases of works prepared as per condition in Clause 18 of GCC,
Section- IV. Any payment under the Contract shall be made only after the Contractor's
price break-up is approved by the Project Manager. The aggregate sum of the
Contractor's price break-up shall be equal to the lump sum Contract Price.

1.2 The Billing Breakup for Mandatory spares shall be submitted to the Employer for approval
as per the format enclosed as Annexure-1 to Appendix-1 indicating therein the details
such as Make, Model number, Drawing/ Datasheet number and Part number of all spare
items. The relevant drawings/ documents shall be submitted along with the Billing Break
up.

1.3 The Contractor shall, by the 15th April of every year, furnish the BBU value of supplies
sourced from Micro and Small Enterprises (MSEs) along with the total BBU value of
supplies dispatched by it during the preceding financial year as per the format enclosed
as Annexure-2 to this Appendix-1.

2. Currency of Payment

2.1 The Contract Price shall be paid in Indian currency only.

3. Application for Payment

3.1 The Contractor shall submit application for the payment in the proforma enclosed.

3.2 Every interim payment certificate shall certify the Contract Value of the Facilities
executed up to the date mentioned in the application for the payment certificate, provided
that no sum shall be included in any interim payment certificate in respect of the Facilities
that according to the decision of the Project Manager, does not comply with the Contract,
or has been performed, at the date of certificate prematurely.

3.3* The Employer has established a Vendor Payment portal where Vendor/Contractor shall
submit their digital bill/invoice and may track its status. The Application for Payment along
with all the supporting documents (for direct payment cases as mentioned in Para 5.2
below) shall be submitted by the Vendor/Contractor in digital form i.e. digitally signed with
Class-2/3 digital Signature and must be uploaded in the Employer’s Vendor Payment
Portal. No hard/physical copy of such documents will be accepted by the Employer
unless otherwise asked for in the PO or instructed by Employer.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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3.4 FAQ (Frequently asked questions with answers) regarding Invoice submission in digital
mode is available at [Link] .

4. Due Dates for Payment

4.1 The advance payment amount shall be payable after fulfillment of all the conditions laid
down in the Terms of Payment (Appendix 1 to the Contract Agreement) and receipt of the
Contractor's invoice along with all necessary supporting documents for such advance
payment. Employer will make progressive payment as and when the payment is due as
per the Terms of Payment set forth in Appendix 1 to the Contract Agreement.
Progressive payment other than that under the letter of credit will become due and
payable by the Project Manager within thirty (30) days from the date of receipt of
Contractor's bill/invoice/debit note by the Employer, provided the documents submitted
are complete in all respects.

4.2 In cases of any discrepancy observed by the Employer in Contractor’s bill, clarifications
shall be sought in writing by the Employer within ten (10) days from the date of receipt of
Contractor's bill/invoice/debit note by the Employer. The Contractor shall be required to
submit the requisite clarifications within ten (10) days from the date of issuance of queries
by the Employer. In case, no mutual agreement is reached between the Employer and
the Contractor on any part of the bill/invoice, within ten (10) days of submission of
clarification by the Contractor, the Contractor shall issue a revised bill/invoice to avoid
mismatch in GST returns of the Employer and the Contractor. Payment against agreed
and admissible part shall be processed as per payment procedure within ten (10) days
after receipt of the revised bill/invoice. The bill/invoice for the balance amount under
question may be separately submitted for consideration of the Employer after resolution
of issues of payment by the Employer. In case of non-submission of satisfactory
clarification by the Contractor within the stipulated period, NVVN shall not be liable for the
delay in making payment. If the bill submitted by Contractor is incorrect and has gross
discrepancies, the bill shall be summarily rejected and returned to the Contractor. In the
event of dispute, the same shall be settled as per GCC Clause (Settlement of Disputes).

4.3 Vendor/Contractor can track the status of their digitally submitted Bill/Invoice in the NTPC
Vendor Payment Portal.

5. Mode of Payment

5.1 The Employer will establish an irrevocable Letter of Credit (L/C) in favor of the Contractor
through the Employer's Bank in Employer's country for payments due, as per Terms of
Payment, on dispatch of equipment i.e. Ex-works dispatch of equipment. The value of
L/C will be as per payment schedule for each quarter and valid for a quarter. It will be the
responsibility of the Contractor to utilize the L/C to the fullest extent. In case L/C has
been established by the Employer and not utilized by the Contractor, for reasons of delay

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 attributable to him, all reinstatement charges for the L/C for further period necessitated
due to non-utilization of L/C will be to the account of the Contractor.

5.2 The payment of the advance amount, Type test Charges if any, price adjustment
amounts, all other supply payments, taxes and duties (wherever admissible) inland
transportation insurance, Installation Portion of the Facilities and Civil, structural and
allied works (if any) shall be made direct to the Contractor by the Employer and no L/C
shall be established by the Employer for such payments. Wherever technically feasible,
such payments shall be made electronically only as per details of Bank Account indicated
in the contract. In case of any changes to the bank account indicated in the contract, the
contractor shall immediately inform the employer. The Contractor shall hold the employer
harmless and employer shall not be liable for any direct, indirect or consequential loss or
damage sustained by the bidder on account of any error in the information or change in
Bank details provided to the employer in the prescribed form without information to
employer duly acknowledged.

5.3 Alternate Mode of Payment for Micro Small & Medium Enterprises (MSMEs):

Trade Receivables e-Discounting System (TReDS) is a regulatory framework put in place

by the Reserve Bank of India under the Payment and Settlement Systems Act 2007 (PSS
Act) to facilitate the financing of trade receivables (invoices) of MSMEs through invoice
financing by multiple financiers.

The Reserve Bank of India has granted approval to (i) Mynd Solutions Pvt Limited, (ii)
[Link] Ltd. and (iii) Receivables Exchange of India Ltd to set up and operate TReDS
platform. The name of respective TReDS platform of the above-mentioned entities are
M1xchange, Invoicemart and RXIL.

Presently, NTPC Limited is transacting with M1xchange and RXIL TReDS platforms.
MSME Vendors may choose from the aforesaid TReDS platforms as an alternate
payment mechanism.

For queries/ details, the vendor may directly contact M1xchange or RXIL at:-
(i) M1XCHANGE:- URL: https:\\[Link] Toll free No.: 1400-103-7261
(ii) RXIL:- URL: https:\\[Link]/Home/Index Phone: 022-40771424, 40771426 Toll
free No.: 1400 1038 311

The aforesaid provision at 5.3 above shall not be applicable for payments
envisaged through “Letter of Credit (LC)” or “Escrow Account” or “A
separate account with a Scheduled Bank at Site”

6. For payments related to Erection / Civil / Site Fabricated Structural works

A single designated ESCROW account shall be opened by the Contractor in any

Scheduled Bank of India under intimation to Employer. All payments related to Erection /

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 Civil / Site Fabricated Structural works by the Employer due under the contract to the
Contractor shall be released into above-mentioned ESCROW account set up as per the
Tri-Partite Escrow Agreement between Employer, Contractor and Escrow Bank. The
payment shall be disbursed in accordance with the mechanism set out in the Contract
and Escrow Agreement. The purpose of the Escrow Account would be to ensure that
payments received under the contract are solely used for implementation of the Contract.
Under Tri-partite Escrow Agreement, the Escrow Bank will agree to ensure that amounts
received in the ESCROW Account are utilized for making payments only to suppliers of
goods and services, statutory authorities, establishment expenses etc. as may be
required in the performance of the contract.

All expenses/charges for opening /operation (including Annual Fee) of the Escrow
Account shall be paid by the Contractor.

The draft agreement is annexed as Annexure-3 to this Appendix-1, which shall be

followed for executing Escrow Account Agreement.

The Detailed Operative Procedure and Terms and Conditions of Escrow Account
(Schedule III of draft agreement) shall be finalized between the Employer, Contractor and
the Escrow Bank within 15 days of the placement of award.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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 FORM OF APPLICATION FOR PAYMENTS

Project :
Equipment Package : Date :

Name of Contractor : Contract No. :

Contract Value : Contract Name :
Unit Reference : Applicable Serial
Number :
To.

...........................................................................................*
(Name of Employer)
Dear Sir

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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 APPLICATION FOR PAYMENT

1. Pursuant to the above referred Contract Agreement dated................................

the undersigned hereby applies for payment of the sum of ..............................
................................................................(Specify amount and currency in which
claim is made).

2. The above amount is on account of : (check whichever applicable)

Advance payment (Schedule **)

Interim payment as advance (Schedule **)

Progressive payment against dispatch of equipment (Schedule **)

Progressive payment against receipt of equipment (Schedule **)

Progressive payment against Installation (Schedule **)

Inland transportation (Schedule **)

Inland insurance

Price adjustment

Extra work not specified in contract

(Ref. Contract change order No....................................)

Others (specify)

Final payment (Schedule **)

as detailed in the attached schedule(s) which form an integral part of this

application.

3. The payment claimed is as per item(s) No.(s)...................................... of the

payment schedule annexed to the above mentioned Contract.

4. The application consists of this page, a summary of claim statement (Schedule

**), and the following signed schedules

1 ...........................................................

2 ..........................................................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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 3 ..........................................................

The following documents are also enclosed :

1 ...........................................................

2 ..........................................................

3 ..........................................................

Signature of Contractor/
Authorised Signatory

* Application for payment will be made to 'Project Manager' as to be designated for

this purpose at the time of Notification of Award.

** Proforma for the Schedules will be mutually discussed and agreed to during the
finalization of the Contract Agreement.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Annexure-1 to Appendix-1

PROJECT ………………………………………………………… CLIENT : …………

: … ………….

PACKAGE …………………………………………………………
: …
TITLE : BILLING BREAK UP FOR MANDATORY CONTRACTO …………
SPARES R: ………….
.
NOA REF : CS………
BILLING ……………………………………
BREAKUP
(BBU) NO. :

[Link]. Description Quantity Unit Unit Total Equipment Equipment Drawing / Part Remarks
Price Price Make Model Documents/Data No.
Sht no.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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 Annexure-2 to APPENDIX-1

Proforma for details to be furnished by the Contractor by 15th April of every

financial year of supplies sourced from MSEs dispatched during the preceding
financial year.

Package Name:
Project Name:
Name of the Contractor:
COA No.:

Details of BBU value of supplies dispatched during the preceding financial year …… are
furnished here below:

BBU value of total supplies Out of the total supplies Percentage of supplies
dispatched dispatched, BBU value of sourced from MSEs
(A) supplies sourced from MSEs wrt total supplies
(B) dispatched
(in eqvt INR) (C = B*100/A)
(in eqvt INR) (%)

…………………….. ……………………… …………………….

In case of no supplies sourced from MSEs, mention ‘NIL’.

I, on behalf of M/s …………. (Contractor) hereby declare that the information furnished
above is correct.

Signature………………
Name…………………..
Designation and Seal……………………….

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 3
PAGE 1 OF 3

INSURANCE REQUIREMENTS

(I) Insurance to be taken by the Contractor :

In accordance with the provisions of GCC Clause 34, the Contractor shall at his
expense take out and maintain in effect, or cause to be taken out and maintained in
effect, during the performance of the Contract, the insurances set forth below in the
sums and with the deductibles and other conditions specified herein. The identity of
the insurers and the form of the policies shall be subject to the approval of the
Employer, such approval not to be unreasonably withheld.
-----------------------------------------------------------------------------------------------------------------------------
Insurance Amount insured Deductible Conditions
-----------------------------------------------------------------------------------------------------------------------------
A. Marine Cargo (i) 110% of Ex-works value in case (i) Employer to be named as
of plant & equipment and Type coinsured
Tests Charges including all (ii) Open policy
spare parts manufactured (iii) All risk institute cargo clause
within the Employer's Country. Not applicable 'A'
(iv) War, SRCC, terrorism.
(v) Institute replacement clause,
special replacement clause
(Air duty) and deferred
unpacking clause
(ii) Applicable taxes and (vi) Insurers right of subrogation
duties against all parties (excluding
carrier) waived.
(iii) Escalation 5% on (vii) Warehouse to warehouse
(i) & (ii) basis.

B. Installation (i) 110% of Ex-works Minimum (i) Installation risk, RSMTD,

all risk value of plant & as per including Earthquake cover
equipment including insurance (ii) Air freight cover.
Type test Charges policy (iii) Extra charge cover.
(iv) Maintenance cover
(ii) Applicable taxes and (v) Contractor's plant &
duties machinery - Rs. 100 lakhs.
(iii) Cost of indigenous (vi) Cross liability.
procurement and (vii) Additional custom duty for
free issue materials imported machine (if any) for
(iv) Cost of erection works adequate value.
(iv) Cost of Civil, Structural & Allied works (viii) Employer & Contractor's
(iv) 10% escalation on (i) (ii), (iii), (iv) & (v) Sub-Contractor to be named
as co-insured.

C. Third Party For any one occurrence Nil (i) Contractors, sub-contractors
liability Rs. 50.00 lakhs to be named as co-insured.
(Extension of
MCE/EAR
Policy)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 3
PAGE 2 OF 3

-----------------------------------------------------------------------------------------------------------------------------
Insurance Amount insured Deductible Conditions
-----------------------------------------------------------------------------------------------------------------------------

D. Automobile liability

(i) M.V. policy for

motor vehicles,
private cars &
commercial vehicles ----------------------- As per local M.V. Act.

(ii) CPM policy for Anything above

heavy construction Rs.100 lakhs covered
equipment under erection all
risk policy

E. Workmen's Compensation _________ As per statute ___________

F. Employer's liability _______________As per statute____________ Cumulative to workmen's com-

pensation to cover liability
not covered thereby.

G. Group personal insurance,

for contractor's & sub-
contractor's employees

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

Note :

1. The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GCC 34.1 except for Third Party Liability, Workman's Compensation
and Employer's Liability Insurances and the Contractor's Sub-Contractors shall be named as
co-insured under all insurances policies taken out by the Contractor pursuant to GCC 34.1,
except for the Cargo insurance during transport, Workman's Compensation and Employer's
Liability Insurances. All insurers rights of subrogation against such co-insureds for losses or
claims arising out of the performance of the Contract shall be waived under such policies.

2. Notwithstanding the insurance requirements mentioned above, it would be the Contractor's

responsibility to take adequate insurance cover as may be pertinent to protect his interest and
interest of the Employer. If at any point of time during execution of the Contract, the insurance
policies are found to be inadequate, the Contractor shall take fresh insurance policies meeting
aforesaid requirements. The Employer reserves the right to make suitable recovery from the
Contractor, if any.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 3
PAGE 3 OF 3

3. Any loss or damage to the plant and equipment during handling, transportation, storage,
installation, commissioning, and all activities to be performed till the "Completion of Facilities"
shall be to the account of the contractor. The contractor shall be responsible for preference of
all claims and make good the damages or loss by way of repairs and/or replacement of plant
and equipment damaged or lost. Notwithstanding the extent of insurances cover and the
amount of claim available from the underwriter, the contractor shall be liable to make good the
full replacement/rectification of all the equipment/materials and to ensure their availability as per
project requirement without additional financial liability to the Employer.

The insurance should be in the Indian currency and insurance policy to be taken should be on
replacement value basis and/or incorporating appropriate insurance clause.

The Contractor shall follow local acts and laws as may be prevalent for insurance.

4. Upon grant of extension of time for completion by Employer, the Contractor shall promptly
furnish documentary evidence to Project Manager towards extension of insurance policies for
the period of time extension.

II) Insurances to be taken by the Employer.

The Employer shall take the insurance for its own employees, its stores and its machinery.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 4
TIME SCHEDULE

1.0 It is clearly understood and agreed that time is the essence of this Contract and shall be strictly adhered
to by the Contractor. The program of furnishing, erecting, testing, commissioning and completion of
facilities identifying the key phases in various areas of work like design, procurement, manufacture, field
activities shall be as per detailed PERT Network/L2 Schedule enclosed as Annexure-I. As per this
detailed PERT Network, the key milestones for completion of facilities are as under

Period from
S. No. Activities/Milestones Issuance of
LOA (Days)
Start Finish
Site Enabling Works & Engineering
1 Site Mobilization, Site office opening & Preparatory works 0 10
Basic Engineering and approval from NVVN
• Solar plant Layout
• MMS design
2 0 15
• SLD
• Data sheet - Modules, Inverters and Transformers (if required)
• Safety plan
3 Detailed Engineering and Approval from NVVN 10 30
4 Approvals from State Utilities for connectivity & Net Metering 0 40
Solar Plant Works –DC Side
5 Supply of Module Mounting Structures 30 50
6 Foundations & Installation of Module Mounting Structures 20 75
7 Supply of SPV Modules 30 60
8 Installation of SPV Modules 30 90
9 Supply of DC Cables 30 60
10 Laying of DC Cables 35 90
Solar Plant Works –AC Side
11 Supply of inverters 50 70
12 Installation of inverters 50 90
13 Supply of AC cables 50 70
14 Installation of AC cables 50 100
15 Supply transformer (If required) & other electrical equipments 50 100
Installation of transformer (If required) & other electrical
16 100 150
equipments
Miscellaneous works
Supply of miscellaneous items viz. Lightning arrestor, Earthing
17 system, Remote monitoring system, Module washing system, 50 220
etc.
Erection of miscellaneous items viz. Lightning arrestor, Earthing
18 system, Remote monitoring system, Module washing system, 50 220
etc.
19 Testing of Equipment and Readiness of System 240
220
Commissioning and Completion of Facilities

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 20 Net metering & Commissioning of the system 240 255
21 Trial Run, PG test and Completion of Facilities 255 270

2.0 After the Notification of Award, the contractor shall plan the sequence of work of manufacture and
erection to meet the above stated dates of successful completion of facilities and shall ensure all work,
manufacture, shop testing, inspection and shipment of the equipment in accordance with the required
construction/erection sequence.

3.0 Within one month of the Notification of Award, the Contractor shall submit to the Employer for his
review and approval two copies (one reproducible and one print) of detailed PERT Network/L2
Schedule with master network activities further exploded based on the Master Network mutually agreed
by the employer and contractor, showing the logic and duration of the activities covered in both the First
and Second Contracts in the following areas:

Engineering, procurement, manufacturing and supply, detailed engineering, procurement (including

brought out items), manufacturing, despatch, shipment, receipt at site and activities related to civil
works, erection, commissioning and completion of facilities.

4.0 Detailed Manufacturing Program

Detailed Manufacturing PERT Network for all the manufacturing activities and Contractor/sub-
Contractors works shall also be furnished within 60 days of Notification of award. The manufacturing
network shall be supported by detailed procurement program for critical bought out item/raw materials.

5.0 Pre-Erection Activity Program

The erection network will be supported by detailed Pre-erection activity program covering the following:

A) Manpower Deployment
B) T&P Mobilization
C) Detailed Site Mobilization Plant

Any Tools & Plants (T&P) required for satisfactory execution of the Contract and to meet the time
schedule specified in this Appendix-4 shall be mobilised by the Contractor as per direction of the Project
Manager without any extra cost to the Employer. (The list of such essential Tools & Plants (T&P) to be
deployed by the Contractor, if any finalised before Notification of Award, shall be enclosed as Appendix-
II to this Appendix-4).

6.0 Within one week of approval of the network schedule, the Contractor shall forward to the Project
Manager, copies of the Computer Initial run-Data. The type of outputs and number of copies of each
type to be supplied by the Contractor shall be determined by the Project Manager.

7.0 All the networks shall be updated every month or at a frequency mutually agreed upon. Within seven
days following the Monthly Review, a progress meeting shall be held, whenever possible at the works,
wherein the major items of the plant or equipment are being produced. The meeting will be attended by
the Project Manager and responsible representative of Contractor that the Project Manager consider
necessary for the meeting.

8.0 Access to the Contractor's and Sub-Contractor's work shall be granted to the Project Manager at all
reasonable times for the purpose of ascertaining the progress.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 ANNEXURE - I TO APPENDIX - 4

MASTER NETWORK

The Master Network as per para 1.0 of Appendix-4

shall be enclosed as Annexure-I to Appendix-4

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 ANNEXURE - II TO APPENDIX - 4

LIST OF TOOLS & PLANT TO BE DEPLOYED BY THE CONTRACTOR

-----------------------------------------------------------------------------------------------------------------------------
Sl. No. Description of T&P Qty. to be
deployed (nos.)
-----------------------------------------------------------------------------------------------------------------------------

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

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 LIST OF SAFETY PLANT AND EQUIPMENT AND PPE TO BE DEPLOYED BY THE
CONTRACTOR

Sl. Suggested List of Safety Equipment and Quantity*

No. Safety Personal Protective Equipment

1. Safety Net (Conforming IS 11057:1984)

Safety Net (Net Size: 10m x 5m, Mesh Size: 25

mm, Mesh Rope: 2mm double cord, Border/Tie
Cord: 12mm diameter polypropylene rope (tested
as per IS: 5175).Two metres length shall be
provided at all four corners.
2. Fall Arrester 'Rope grab fall arrester' &
anchorage line.

Anchorage Line: 14mm- 16 mm diameter, three

strand twisted Polyamide rope.

Rope Grab fall arrester: Openable & Guided type

Fall Arrestor (on flexible line) conforming EN 353-2
& works on 14-16 mm diameter polyamide rope.
material: Nickel Chrome plated Steel

Connector: Karbiner conforming to EN 362

(Minimum Strength 22 KN), material: Steel
3. Horizontal life line

Stainless Steel Wire rope of 8mm diameter.

Minimum six nos. of steel U-bolt clips are required
for clamping each wire rope to a rigid support (03
nos. of U-bolt clips at each end).
4. Ladders on column

The minimum design live load on metallic ladder

shall be a single concentrated load of 100 kilo
grams. All rungs shall have a minimum diameter of
1.90 centimeters, and minimum clear length of
rungs shall be 40.6 centimeters. The distance
between rungs shall not exceed 30.5 centimeters.
Each ladder shall have maximum height of 9.0
metre.
The ladder shall have proper fastenings for
attaching it to a column using positive means such
as bolt, weld or other type of fasteners.

5. Safety PPEs ( Industrial Safety helmet & Industrial

Safety Shoes)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Sl. Suggested List of Safety Equipment and Quantity*
No. Safety Personal Protective Equipment
Industrial Safety Helmet (IS:2925-1984 marked).

Industrial Safety/Electrical Shoes (IS:15298-2002

marked).

Full body Safety Harness (conforming IS:3521)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 5
PAGE 1 OF 1

LIST OF SUB-CONTRACTORS

PART 1. Nominated Sub-Contractors

In the event that the employer wishes to nominate any particular Sub-Contractors for the
undertaking of any part or parts of the Works, these shall be identified and named by the
Employer in the following schedule prior to the issue of the Bidding Documents.

Full details shall be given of the part of the Works to be executed, and the names and
addresses of the Sub-Contractors to whom the part of the Works is to be sub-contracted by the
Bidder. Where more than one name is given for any part of the Work, the Bidder shall be free
to select any of the named Sub-Contractors for that part.

Item of Work Nominated Sub-Contractor

NIL

PART 2 Approved Sub-Contractors

(Prior to award of Contract the following details shall be completed indicating those Sub-
contractors proposed by the Bidder by Attachment to his Bid which are approved by the
Employer for engagement by the Contractor during the performance of the Works).

The following Sub-Contractors are approved for carrying out the item of work indicated. Where
more than one Sub-contractor is listed, the Contractor is free to choose between them but he
must notify the Employer of his choice in good time prior to appointing any selected Sub-
Contractor. In accordance with Clause GCC 19.1, the Contractor is free to submit proposals for
additional Sub-Contractors from time to time. No Sub-Contracts shall be placed with any such
additional Sub-Contractors until they have been approved in writing by the Employer and their
names added to this list of Approved Sub-Contractors.

[Link]. Item of Work Approved Sub-Contractors Nationality

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 6
PAGE 1 OF 1

SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER

The facilities, works, supplies and personnel to be provided/supplied by the Employer shall be as per Technical
Specifications and the provisions of GCC Clauses 10, 21 and 24 shall apply as appropriate.

All facilities, works, supplies and personnel to be provided by the Employer shall be as described in Technical
Specifications and the same will be provided by the Employer in good time so as not to delay the performance
of the Contractor, in accordance with the approved Time Schedule and Program of Performance pursuant to
GCC Sub-Clause 18.2.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 7
PAGE 1 OF 1

LIST OF DOCUMENTS FOR REVIEW AND APPROVAL

A. Approval

1.

2.

3.

B. Review

1.

2.

3.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 APPENDIX - 8
PAGE 1 OF 1

FUNCTIONAL GUARANTEES

The functional guarantees shall be as per Section-VI (Technical Specifications).

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 6. PERFORMANCE SECURITY FORM

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 6. Performance Security Form

(To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

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

Date.....................................

To,
[Employer's Name & Address]

Dear Sirs,
In consideration of the ................................ [Employer's Name] ........................ (hereinafter referred to as the
‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) having awarded to M/s.................... [Contractor's
Name]............................ with its Registered /Head Office at ............................ (hereinafter referred to as the
‘Contractor’, which expression shall unless repugnant to the context or meaning thereof, include its successors
administrators, executors and assigns), a Contract by issue of Employer’s Notification of Award No. ................
dated........... and the same having been unequivocally accepted by the contractor, resulting into a Contract
bearing No.............. dated ........... valued at ................... for ......................... and the Contractor having agreed
to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to
..........(*)..........% (.......... percent) of the said value of the Contract to the Employer.

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

referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer,
on demand any and all monies payable by the Contractor to the extent of ..................(*).................... as
aforesaid at any time up to .........................(@)...................... [days/month/year] without any demur, reservation,
contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the
Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer
and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The
Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and
further agrees that the guarantee herein contained shall be enforceable till ninety (90) days after expiry of its
validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under this
guarantee, from time to time to extend the time for performance of the Contract by the Contractor. The
Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the
exercise of any powers vested in them or of any right which they might have against the Contractor, and to
exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants,
contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy
or security available to the Employer. The Bank shall not be released of its obligations under these presents by
any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of
any other act or forbearance or other acts of omission or commission on the part of the Employer or any other
indulgence shown by the Employer or by any other matter or thing whatsoever which under law would, but for
this provision, have the effect of relieving the Bank.
The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding
any security or other guarantee that the Employer may have in relation to the Contractor’s liabilities.

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

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Dated this ............................. day of .................... 20.................. at...........................................
..........................................................
(Signature)
..........................................................
(Name)
..........................................................
(Designation with Bank Stamp)
Authorised Vide Power of
Attorney No.......................................
Date...................................................

Notes :1. (*) This sum shall be ten percent (10%) of the Contract Price.
(@) This date will be 15 months from the date of Completion of Facilities of the entire solar
project under the Contract.
2. The Bank Guarantee shall be from a Bank as per provisions of the Bidding Documents.
3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per Stamp Act
prevailing in the state(s) where the BG is submitted or is to be acted upon or the rate prevailing in State
where the BG is executed, whichever is higher. The Stamp Paper/e-stamp paper shall be purchased in
the name of Bidder/Bank issuing the guarantee.
4. While getting the Bank Guarantee issued, the Contractor is required to ensure compliance to the points
mentioned in Form of Bank Guarantee Verification Check List. Further, the Contractor is required to fill
up this Form and enclose the same with the Bank Guarantee.
5. The Bank Guarantee (BG) shall be accompanied with the BG forwarding letter in the format attached as
(Form no. 23) in the bidding documents.
6. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of NTPC letter
ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-I/AMT-1/2014-15/370 dated
04.09.2014 (attached with Section-V of Bidding Documents).

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 6a. Performance Security Form - NOT APPLICABLE

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form 6b. Insurance Surety Bond towards Performance Security

(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No. ........................

Date..................................................

To,

[Employer's Name & Address]

Dear Sirs,

In consideration of the ................................ [Employer's Name] ........................ (Hereinafter referred to as the

‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) having awarded to M/s.................... [Contractor's Name]............................ with its
Registered /Head Office at ............................ (Hereinafter referred to as the ‘Contractor’, which expression shall
unless repugnant to the context or meaning thereof, include its successors administrators, executors and
assigns), a Contract by issue of Employer’s Notification of Award No. ................ dated........... and the same
having been unequivocally accepted by the contractor, resulting into a Contract bearing No.............. dated
..........., valued at ................... for ......................... and the Contractor having agreed to provide a Contract
Performance Guarantee for the faithful performance of the entire Contract equivalent to ..........(*)..........%(..........
percent) of the said value of the Contract to the Employer.

We ................[Name & Address of the Insurer].................having its Head Office at ...........................(hereinafter

referred to as the ‘Insurer’, which expression shall, unless repugnant to the context or meaning thereof, include
its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the
Employer, on demand any and all amount payable by the Contractor to the extent of ..................(*)....................
as aforesaid at any time up to .........................(@)...................... [days/month/year] without any condition,
demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such
demand made by the Employer on the Insurer shall be conclusive and binding notwithstanding any difference
between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. The Insurer undertakes not to revoke this Insurance Surety Bond during its currency and or any
period extended under the contract, without prior consent of the Employer and further agrees that the guarantee
herein contained shall be enforceable till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Insurer under this
Insurance Surety Bond, from time to time to extend the performance of the Contract by the Contractor for the
purpose of which, the Insurer shall be liable to extend the validity of the present Insurance Surety Bond without
any demur, condition, protest and the Insurer shall at no point in time have an option of revoking the same, The
Employer shall have the fullest liberty, without affecting this Insurance Surety Bond, to postpone from time to
time the exercise of any powers vested in them or of any right which they might have against the Contractor,
and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any
covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course
or remedy or security available to the Employer. The Insurer shall not be released of its obligations under these
presents by any exercise by the Employer of its liberty with reference to the aforesaid or any of them or by
reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or
any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law
would, but for this provision, have the effect of relieving the Insurer.

The Insurer also agrees and undertakes that the Employer at its option shall be entitled to enforce this
Insurance Surety Bond against the Insurer as a Surety, in the first instance without proceeding against the
Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the
Contractor’s liabilities.

Notwithstanding anything contained hereinabove our liability under this Insurance Surety Bond is restricted to
.........................(*)......................... and it shall remain in force upto and including .....................(@)......................
and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s
.......[Contractor's Name}............ on whose behalf this Insurance Surety Bond has been given.

Dated this ............................. day of .................... 20.................. at...........................................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
WITNESS :

1. .................................................... ..........................................................
(Signature) (Signature)
.................................................... ..........................................................
(Name) (Name)
.................................................... ..........................................................
(Official Address) (Designation with Insurer Stamp)

Authorised Vide Power of

Attorney No.......................................
Date...................................................
2. ....................................................
(Signature)
....................................................
(Name)
....................................................
(Official Address)

Notes : 1. (*) This sum shall be ten percent (10%) of the Contract Price.

(@) This date will be 15 months from the date of Completion of Facilities of the entire solar project
under the Contract.
2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued by Insurance
Regulatory and Development Authority of India (IRDAI).

3. The Employer shall be the Creditor, the Contractor shall be the Principal debtor and the Insurance
company/Insurer shall be the Surety in respect of the Insurance Surety Bond to be issued by the Insurer.

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as
per Stamp Act prevailing in the state(s) where the Insurance Surety Bond is submitted or is to be acted upon or
the rate prevailing in State where the Insurance Surety Bond is executed, whichever is higher. The Stamp
Paper/e-stamp paper shall be purchased in the name of Bidder/Insurer issuing the Insurance Surety Bond.

5. While getting the Insurance Surety Bond issued, the Contractor is required to ensure compliance to the
points mentioned in Form of Bank Guarantee/ Insurance Surety Bond Verification Check List. Further, the
Contractor is required to fill up this Form and enclose the same with the Insurance Surety Bond.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form: 6C Insurance Surety Bond towards Performance Security
(To be stamped in accordance with Stamp Act of India)
(In case of Contract awarded to Joint Venture)

(NOT APPLICABLE)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 6D. Performance Security Form for O&M
Contract

(To be stamped in accordance with Stamp Act if

any, of the Country of the Issuing Bank)

Bank Guarantee No……………

Date…………………….
To,
[Employer's Name & Address]

Dear Sirs,

In consideration of the ................................ [Employer's Name] ............................................... (Hereinafter

referred to as the „Employer‟ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s....................
[Contractor]............................ with its Registered /Head Office at .............................................. (hereinafter
referred to as the „Contractor‟, which expression shall unless repugnant to the context or meaning thereof,
include its successors administrators, executors and assigns), a Contract by issue of Employer’s
Notification of Award No. ................ dated........... and the same having been unequivocally accepted by the
contractor, resulting into a Contract bearing No. ...................................................................................... dated
........... valued at ................... for ......................... and the Contractor/M/s
……………….((herein after referred to as the„ OEM/associate Party‟, which expression shall unless
repugnant to the context or meaning thereof, include its successors administrators, executors and
assigns),) having agreed to provide a Contract Performance Guarantee for the faithful performance of the
entire Contract equivalent to ..........(*)..........% (.......... percent) of the said value of the Contract to the
Employer.

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

...........................(hereinafterreferredtoasthe„Bank‟,whichexpressionshall,unlessrepugnantto the context or
meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and
undertake to pay the Employer, on demand any and all monies payable by
theContractor/OEM/associatePartytotheextentof..................(*)....................asaforesaidat
any time upto.........................(@) ............................... [days/month/year] without any demur, reservation,
contest, recourse or protest and/or without any reference to the Contractor/OEM/associate party. Any such
demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference
between the Employer and the Contractor/OEM/associate party or any dispute pending before any Court,
Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its
currency without previous consent of the Employer and further agrees that the guarantee herein
contained shall be enforceable till ninety
(90) days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under this
guarantee, from time to time to extend the time for performance of the Contract by the Contractor. The
Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the
exercise of any powers vested in them or of any right which they might have against the
Contractor/OEM/associate party, and to exercise the same at any time in any manner, and either to enforce
or to forbear to enforce any covenants, contained or implied, in the Contract between the Employer and the

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Contractor or any other course or remedy or security available to the Employer. The Bank shall not be
released of its obligations under these presents by any exercise by the Employer of its liberty with reference
to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of
omission or commission on the part of the Employer or any other indulgence shown by the Employer or by
any other matter or thing whatsoever which under law would, but for this provision, have the effect of
relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Contractor/OEM/associate
party and notwithstanding any security or other guarantee that the Employer may have in relation to the
Contractor/OEM/associate party, liabilities.
The Bank also agrees and acknowledges that the Employer shall have a right to invoke this BANK
GUARANTE in part or in full, as it may deem fit.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to
.........................(*)......................... and it shall remain in force upto and including
.....................(@)...................... and shall be extended from time to time for such period (not exceeding one
year), as may be desired by M/s ............................................[ Contractor/OEM/associate party’s Name]
on whose behalf this guarantee has been given.

Dated this ............................. day of .................... 20.................. at...........................................

WITNESS :

1. .................................................... ..........................................................
(Signature) (Signature)

.................................................... ..........................................................
(Name) (Name)

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

Authorized Vide Power of

Attorney No.......................................

Date...................................................
2. ....................................................
(Signature)

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

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 (Name)

....................................................
(Official Address)

Notes :1. (*) This sum shall be ten percent (10%) of O&M Contract cumulative (equally divided ) for
bank guarantees given for the performance of O&M Contract by
Contractor/OEM/Associates Parties as mentioned at SCC clause5.1.

(@) This date will be up to (90) days beyond the end of Operation & Maintenance
(O&M) period as specified in the Contract.

2. The stamp papers of appropriate value shall be purchased in the name of guarantee
issuing Bank or the Party on whose behalf for BG is being issued. The Bank Guarantee
shall be issued on a stamp paper of value as applicable in the State of India from where
Bank Guarantee is issued or the State of Delhi or the State of India from where the BG
shall be operated, whichever is higher.
3. While getting the Bank Guarantee issued, the Contractor is required to ensure compliance
to the points mentioned in Form 16B- Form of Bank Guarantee Verification Check List.
Further, the Contractor is required to fill up this Form 16 and enclose the same with the
Bank Guarantee.

4. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the
Bidding Documents.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 7. BANK GUARANTEE FORM FOR ADVANCE
PAYMENT (SUPPLY EX-WORKS)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 7(i). Bank Guarantee Form for Advance Payment
(Supply Ex-Works)

(To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

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

Date......................................
To,
[Employer's Name & Address]

Dear Sir,

In consideration of ..............................[Employer's Name]............................................... (hereinafter referred to

as the ‘Employer’, which expression shall, unless repugnant to the context or meaning thereof include its
successors, administrators and assigns) having awarded to M/s........[Contractor's Name]......... with its
Registered/Head Office at ............................... (hereinafter referred to as the ‘Contractor’ which expression
shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and
assigns), a Contract, by issue of Employer’s Notification of Award No. ........................... dated ................ and
the same having been unequivocally accepted by the Contractor, resulting into a Contract bearing No.
................................ dated............................... valued at .......................................................................................
for ............................ [Name of Contract] ...........................(hereinafter called the ‘Contract’) and the Employer
having agreed to make an advance payment to the Contractor for performance of the above Contract
amounting .............................. (in words and figures) as an Advance against Bank Guarantee to be furnished by
the Contractor.

We........[Name and address of the Bank]............ having its Head Office at ....................................................
(hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to
pay the Employer, immediately on demand any or, all monies payable by the Contractor to the extent of
.....[advance amount]......... as aforesaid at any time upto ..............................(@)....................... without any
demur, reservation, contest, recourse or protest and/ or without any reference to the Contractor. Any such
demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference
between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent
of the Employer and further agrees that the guarantee herein contained shall be enforceable till ninety (90) days
after expiry of its validity.

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

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding
any security or other guarantee that the Employer may have in relation to the Contractor’s liabilities.

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

Dated this ............................. day of ...................... 20 .............. at ............... .

WITNESS :
1. .................................................... ..........................................................
(Signature) (Signature)
.................................................... ..........................................................
(Name) (Name)

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

Authorised Vide Power of

Attorney No......................................

Date..................................................
2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

NOTE : 1. (@) This date shall be ninety (90) days beyond the date of Completion of
the Facilities.

2. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the Bidding
Documents.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per

Stamp Act prevailing in the state(s) where the BG is submitted or is to be acted upon or the rate
prevailing in State where the BG is executed, whichever is higher. The Stamp Paper/e-stamp
paper shall be purchased in the name of Bidder/Bank issuing the guarantee.

4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the
points mentioned in Form 16-Form of Bank Guarantee Verification Check List. Further, the
Contractor is required to fill up this Form 16 and enclose the same with the Bank Guarantee.

5. The Bank Guarantee (BG) shall be accompanied with the BG forwarding letter in the format
attached as (Form no. 23) in the bidding documents.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 6. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of
NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-I/AMT-1/2014-
15/370 dated 04.09.2014 (attached with Section-V of Bidding Documents).

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 7(ii). Bank Guarantee Form for Advance Payment
(Installation/Civil/Site Fabricated Structural works)

(To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

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

Date......................................
To,
[Employer's Name & Address]

Dear Sir,

In consideration of .............................[Employer's Name]................................................ (hereinafter referred to

as the ‘Employer’, which expression shall, unless repugnant to the context or meaning thereof include its
successors, administrators and assigns) having awarded to M/s........[Contractor's Name]......... with its
Registered/Head Office at ............................... (hereinafter referred to as the ‘Contractor’ which expression
shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and
assigns), a Contract, by issue of Employer’s Notification of Award No. ........................... dated ................ and
the same having been unequivocally accepted by the Contractor, resulting into a Contract bearing No.
................................ dated............................... valued at .............................................................................. for
............................[Name of Contract] ...........................(hereinafter called the ‘Contract’) and the Employer
having agreed to make an advance payment to the Contractor for performance of the above Contract
amounting .............................. (in words and figures) as an Advance against Bank Guarantee to be furnished by
the Contractor.

We..............................[Name and address of the Bank].................................... having its Head Office at

.................................................... (hereinafter referred to as the ‘Bank’, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Employer, immediately on demand any or, all monies payable by
the Contractor to the extent of .....[110% of advance amount]......... as aforesaid along with interest @ ##% on
the advance amount released by the Employer calculated from the date of release of the said advance by the
Employer to the Contractor, at any time up to ..............................(#)....................... without any demur,
reservation, contest, recourse or protest and/ or without any reference to the Contractor. Any such demand
made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the
Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the
Employer and further agrees that the guarantee herein contained shall be enforceable till ninety (90) days after
expiry of its validity.

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

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding
any security or other guarantee that the Employer may have in relation to the Contractor’s liabilities.

Notwithstanding anything contained hereinabove our liability under this guarantee is limited to
........................[110% of advance amount]..........along with interest therein as aforesaid and it shall remain in
force up to 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 :

1. .................................................... ..........................................................
(Signature)

.................................................... ..........................................................
(Name) (Name)

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

Authorised Vide Power of

Attorney No......................................

Date..................................................
2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

Notes: 1. (#) This date shall be ninety (90) days beyond the date of Completion of the Facilities.
(##%) “[SBI 1-year MCLR as on 01st April of applicable year + 150 bps] per annum”

2. The Bank Guarantee (BG) shall be from a Bank as per provisions of the Bidding
Documents.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as

per Stamp Act prevailing in the state(s) where the BG is submitted or is to be acted upon
or the rate prevailing in State where the BG is executed, whichever is higher. The Stamp
Paper/e-stamp paper shall be purchased in the name of Bidder/Bank issuing the
guarantee.

4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to
the points mentioned in Bank Guarantee Verification Check List in the Bidding

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Documents. Bidders are required to fill up this Check List and enclose the same along
with the Bank Guarantee.

5. The Bank Guarantee (BG) shall be accompanied with the BG forwarding letter in the
format attached as (Form no. 23) in the bidding documents.

6. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of
NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-I/AMT-1/2014-
15/370 dated 04.09.2014 (attached with Section-V of Bidding Documents).

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 7(iii). Bank Guarantee Form for Advance Payment

(In case of Contract awarded to Joint Venture)

Names of all JV Partners shall appear in the Bank Guarantee

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 8. FORM OF COMPLETION CERTIFICATE

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 8. Form of Completion Certificate

Date : _______________________

IFB No : ______________________
[Name of Contract]

To: [Name and address of Contractor]

Dear Sirs,

Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract
entered into between yourselves and the Employer dated [date], relating to the [brief description of
the facilities], we hereby notify you that the following part(s) of the Facilities was (were) complete on
the date specified below, and that, in accordance with the terms of the Contract, the Employer hereby
takes over the said part(s) of the Facilities, together with the responsibility for care and custody and
the risk of loss thereof on the date mentioned below.

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

2. Date of Completion: [date]

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

This letter does not relieve you of your obligation to complete the execution of the Facilities including
Guarantee Test(s) in accordance with the Contract nor of your obligations during the Defects Liability
Period.

Very truly yours,

________________________________________________
Title
(Project Manager)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 9. FORM OF OPERATIONAL ACCEPTANCE
CERTIFICATE

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 9. Form of Operational Acceptance Certificate

Date: ________________________

IFB No: _______________________

[Name of Contract]

To: [Name and address of Contractor]

Dear Sirs,

Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the
Contract entered into between yourselves and the Employer dated [date], relating to the [brief
description of the facilities], we hereby notify you that the Functional Guarantees of the following
part(s) of the Facilities were satisfactorily attained on the date specified below.

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

2. Date of Operational Acceptance: [date]

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

Very truly yours,

____________________________________________________
Title
(Project Manager)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 10. FORM OF TRUST RECEIPT

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 10. FORM OF TRUST RECEIPT FOR PLANT,
EQUIPMENT AND MATERIALS RECEIVED

We M/s (Contractor's Name)......................................................................................... having our

Principal place of business at ............................................having been awarded a Contract
No............................ dated ........................ for (Contract Name)............................................. by
(Name of Employer) .....................................................

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

For M/s ...........................................................

(Contractor's Name)

Dated : ........................... (AUTHORISED SIGNATORY)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 11. FORM OF INDEMNITY-CUM-UNDERTAKING
AGREEMENT

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 11a. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT
FOR THE EQUIPMENTS
HANDED OVER BY THE EMPLOYER
FOR PERFORMANCE OF CONTRACT
(Entire Equipment Consignment in one lot)

(On Non-Judicial Stamp Paper of appropriate value)

INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT is made this

.................................................... day of ................................ 20 .................... between
...........................(Contractor's Name) a Company /Partnership Firm / Proprietary Concern
incorporated under the laws of ………………………. having its Registered Office at
...................................... (hereinafter called as 'Contractor' which expression shall include its
successors and permitted assigns) and ......................................... (Name of Employer), a Company
incorporated under the Indian Companies Act having its Registered Office at
..................................................... and its project at .............................. (hereinafter called
"......................." / “Employer" which expression shall include its successors and assigns):

WHEREAS the ‘Employer’ has awarded to the ‘Contractor’ a Contract for .......................vide its
Notification of Award/Contract No.................dated ...................................... and its Amendment No.
............................................ and Amendment No..................................., (applicable when
amendments have been issued) (hereinafter called the "Contract") in terms of which ......@.......... is
required to hand over various Equipments to the ‘Contractor’ for execution of the Contract.

And WHEREAS by virtue of Clause No............................ of the said Contract, the ‘Contractor’ and the
‘Employer’ are required to execute an Indemnity-cum-Undertaking Agreement for the Equipments
handed over to the ‘Contractor’ by .............@................ for the purpose of performance of the
Contract/Erection Portion of the Contract (hereinafter called the "Equipments")

AND THEREFORE, This Indemnity-cum-Undertaking Agreement witnesseth as follows:

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

of is also annexed to this Indemnity-cum-Undertaking Agreement at Schedule-A,
valued at (Currency and amount in Figures)...........................................................
(Currency and amount in words) ..........................................................................
handed over to the ‘Contractor’ for the purpose of performance of the Contract, the
‘Contractor’ hereby undertakes to indemnify and shall keep the ‘Employer’ indemnified,
for the full value of the Equipments. The Contractor hereby acknowledges actual
receipt of the Equipments, etc. as per despatch title documents handed over to the
‘Contractor’ as detailed in the Schedule appended hereto. The ‘Contractor’ shall hold
such Equipments, etc. in trust as a "Trustee" for and on behalf of the ‘Employer’
@ Fill in abbreviated name of Employer.

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

3. The ‘Contractor’ undertakes that the Equipments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the Equipments shall be utilised for any other work or

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 purpose whatsoever. It is clearly understood by the ‘Contractor’ that non-observance
of the obligations under this Indemnity-cum-Undertaking Agreement by the ‘Contractor’
shall inter-alia constitute a criminal breach of trust on the part of the ‘Contractor’ for all
intents and purpose including legal/penal consequences.

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

5. That this Indemnity-cum-Undertaking Agreement is irrevocable. If at any time any loss

or damage occurs to the Equipments or the same or any part thereof is mis-utilised in
any manner whatsoever, then the ‘Contractor’ hereby agrees that the decision of the
Project Manager of the ‘Employer’ as to assessment of loss or damage to the
Equipments shall be final and binding on the ‘Contractor’. The ‘Contractor’ binds itself
and undertakes to replace the lost and/or damaged Equipments at its own cost and/or
shall pay the amount of loss to the ‘Employer’ without any demur, reservation or
protest. This is without prejudice to any other right or remedy that may be available to
the ‘Employer’ against the ‘Contractor’ under the Contract and under this Indemnity-
cum-Undertaking Agreement.

6. NOW THE CONDITION of this Indemnity-cum-Undertaking Agreement is that if the

‘Contractor’ shall duly and punctually comply with the terms and conditions of this
Indemnity-cum-Undertaking Agreement to the satisfaction of the ‘Employer’, THEN,
the above Indemnity-cum-Undertaking Agreement shall become void after the due
performance of the Contract, but otherwise, it shall remain in full force and virtue.
@ Fill in abbreviated name of Employer.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘Employer’ have hereunto set their hand through
their authorised representative, the day, month and year first above mentioned.

For and on behalf of For and on behalf of

.................................................. ……………………….
(Contractor's Name) (Employer’s name)

Signature ............................ Signature ............................

Name .................................. Name ..................................
Designation of ......................... Designation of ......................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Authorised representative * Authorised representative *

WITNESS : WITNESS :

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

2. Name .................................... 2. Name ..................................

3. Address ................................ 3. Address ..............................

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

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i)

in case of contracting Company under common seal of the Company or (ii) having the Power
of Attorney issued under common seal of the company with authority to execute Indemnity-
cum-Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is
specifically for this Contract or a photostat copy of the Power of Attorney if it is General Power
of Attorney and such documents should be attached to Indemnity-cum-Undertaking
Agreement . In case of Employer, by the authorized representative of the Employer.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 SCHEDULE - A

Particulars of Quantity Particulars of Value Signature of

the Equipments Despatch Title of the Attorney in
handed over Documents Equip- token of
ments receipt
RR/GR/Bill Carrier
of Lading
No & Date

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 11b. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT FOR THE EQUIPMENTS
HANDED OVER IN INSTALMENTS BY THE
EMPLOYER FOR PERFORMANCE OF CONTRACT

(On Non-Judicial Stamp Paper of appropriate value)

INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT is made this

....................................................day of................................ 20 .................... between
...........................(Contractor's Name) a Company /Partnership Firm / Proprietary Concern
incorporated under the laws of ………………………. having its Registered Office at
...................................... (hereinafter called as 'Contractor' which expression shall include its
successors and permitted assigns) and .....................(Name of Employer), a Company incorporated
under the Indian Companies Act having its Registered Office at ............................................ and its
project at .............................. (hereinafter called "..................." / ‘Employer’ which expression shall
include its successors and assigns):

WHEREAS the ‘Employer’ has awarded to the ‘Contractor’ a Contract for .......................vide its
Notification of Award/Contract No.........................dated ............................................ and its
Amendment No. ............................................ and Amendment No..................................., (applicable
when amendments have been issued) (hereinafter called the "Contract") in terms of which
..........@.......... is required to hand over various Equipments to the ‘Contractor’ for execution of the
Contract.

And WHEREAS by virtue of Clause No............................ of the said Contract, the ‘Contractor’ and the
‘Employer’ are required to execute an Indemnity-cum-Undertaking Agreement for the Equipments
handed over to the ‘Contractor’ by ..........@.......... for the purpose of performance of the
Contract/Erection Portion of the Contract (hereinafter called the "Equipments")

NOW THEREFORE, This Indemnity-cum-Undertaking Agreement witnesseth as follows:

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

(Currency and amount in figures)..................................... (Currency and amount in
words) .............................................................. to be handed over to the ‘Contractor’ in
instalments from time to time for the purpose of performance of the Contract, the
‘Contractor’ hereby undertakes to indemnify and shall keep the ‘Employer’ indemnified,
for the full value of the Equipments. The Contractor hereby acknowledges actual
receipt of the initial instalment of the Equipments, etc. as per details in the Schedule
appended hereto. Further, the ‘Contractor’ agrees to acknowledge actual receipt of the
subsequent instalments of the Equipments, etc. as required by .........@......... in the
form of Schedules consecutively numbered which shall be attached to this Indemnity-
cum-Undertaking Agreement so as to form integral parts of this Indemnity-cum-
Undertaking Agreement. The ‘Contractor’ shall hold such Equipments, etc. in trust as a
"Trustee" for and on behalf of the ‘Employer’.

@ Fill in abbreviated name of Employer.

2. That the ‘Contractor’ is obliged and shall remain absolutely responsible for the safe
transit/protection and custdoy of the Equipments at ..........@.......... project site against
all risks whatsoever till the Equipments are duly used/erected in accordance with the
terms of the Contract and the plant/package duly erected and commissioned in
accordance with the terms of the Contract, is taken over by the ‘Employer’. The

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 ‘Contractor’ undertakes to keep the ‘Employer’ harmless against any loss or damage
that may be caused to the Equipments.

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

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

5. That this Indemnity-cum-Undertaking Agreement is irrevocable. If at any time any loss

or damage occurs to the Equipments or the same or any part thereof is mis-utilised in
any manner whatsoever, then the ‘Contractor’ hereby agrees that the decision of the
Project Manager of the ‘Employer’ as to assessment of loss or damage to the
Equipments shall be final and binding on the ‘Contractor’. The ‘Contractor’ binds itself
and undertakes to replace the lost and/or damaged Equipments at its own cost and/or
shall pay the amount of loss to the ‘Employer’ without any demur, reservation or
protest. This is without prejudice to any other right or remedy that may be available to
the ‘Employer’ against the ‘Contractor’ under the Contract and under this Indemnity-
cum-Undertaking Agreement.

6. NOW THE CONDITION of this Indemnity-cum-Undertaking Agreement is that if the

‘Contractor’ shall duly and punctually comply with the terms and conditions of this
Indemnity-cum-Undertaking Agreement to the satisfaction of the ‘Employer’, THEN,
the above Indemnity-cum-Undertaking Agreement shall become void after the due
performance of the Contract, but otherwise, it shall remain in full force and virtue.

@ Fill in abbreviated name of Employer.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘Employer’ have hereunto set their hand through
their authorised representative, the day, month and year first above mentioned.

For and on behalf of For and on behalf of

.................................................. ……………………….
(Contractor's Name) (Employer’s name)

Signature ............................ Signature ............................

Name .................................. Name ..................................
Designation of ......................... Designation of ......................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Authorised representative * Authorised representative *

WITNESS : WITNESS :

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

2. Name .................................... 2. Name ..................................

3. Address ................................ 3. Address ..............................

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i) in

case of contracting Company under common seal of the Company or (ii) having the Power of
Attorney issued under common seal of the company with authority to execute Indemnity-cum-
Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is specifically for
this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney and
such documents should be attached to Indemnity-cum-Undertaking Agreement . In case of
Employer, by the authorized representative of the Employer.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 SCHEDULE No.1

Particulars of Quantity Particulars of Value Signature of

the Equipments Despatch Title of the Attorney in
handed over Documents Equip- token of
ments receipt
RR/GR/Bill Carrier
of Lading
No & Date

(Please number subsequent schedules)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 12. FORM OF AUTHORISATION LETTER

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 12. FORM OF AUTHORISATION LETTER

(NAME OF EMPLOYER)

(PROJECT ................................... )

REF. NO. :

DATE :

To,

M/s (Contractor's Name)..........................................................................

Ref : Contract No........................ Dated .................................................

for ..................................awarded by (Name of Employer)

Dear Sirs,

Kindly refer to Contract No................. Dated ................ for .............................(Contract Name) You
are hereby authorised on behalf of ......................(Name of Employer) having its registered office at
..................................................and its Project at ......................................... to take physical delivery
of materials/equipments covered under despatch Document/ Consignment Note
no................................ * ..............dated ................................... and as detailed in the enclosed
Schedule for the sole purpose of successful performance of the aforesaid contract and for no other
purposes, whatsoever.

(Signature of Project Manager)

(Designation : .................................

Date ...............................................

ENCL : as above

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

* Mention LR/RR No.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 SCHEDULE OF MATERIAL/EQUIPMENT COVERED UNDER
DESPATCH TITLE DOCUMENT (RR NO./ LR NO. ............)

-----------------------------------------------------------------------------------------------------------------------------
Sl. Contract NOA No./ Description Spec. Qty. Value Remarks
No. Name Contract of Materials/ No.
Agreement Equipments
No.
-----------------------------------------------------------------------------------------------------------------------------

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

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

(SIGNATURE OF THE PROJECT MANAGER)

(Designation)....................................

Date).................................................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 13. DEED OF JOINT UNDERTAKING

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM-13
Page ... of ...

FORM OF DEED OF JOINT UNDERTAKING

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

(NOT APPLICABLE)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
14. FORM OF BANK GUARANTEE/INSURANCE SURETY
BOND
BY ALL EXECUTANTS OF DEED OF JOINT
UNDERTAKING OTHER THEN CONTRACTOR

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 14.a PROFORMA FOR BANK GUARANTEE
TO BE FURNISHED BY THE EXECUTANT OF DEED OF
JOINT UNDERTAKING OTHER THAN CONTRACTOR

(To be suitably incorporated by concerned package coordinator)

(To be stamped in accordance with Stamp Act of India)

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

Date ..................................................
To,
[Employer's Name & Address]

Dear Sir,

In consideration of .............................[Employer's Name]................................................ (hereinafter

referred to as the ‘Employer’, which expression shall unless repugnant to the context or meaning
thereof include its successors, administrators and assigns) having awarded to
...................................... with its Registered Head Office at........................................... (herein-after
referred to as...................................or ‘‘Contractor’’) a Contract for ...................................... Package
for its ............................................... (Name of Project) ..................... vide Contract No.
.............................. dated ....................... and the same having been unequivocally accepted by the
Contractor resulting in a ‘‘Contract’’, which award is on the strength of Deed of Joint Undertaking
dated .................... (hereinafter referred to as ‘‘Undertaking’’) given by
M/s................................................................... (Contractor) and by M/s.......................... (Associate /
Collaborator)………. having its registered office at ..................................... (hereinafter called
Associate / Collaborator), and the Contractor having further executed with
M/s............................................ (Associate / Collaborator) a Sub-Contract dated ................... and the
same having been unequivocally accepted by the Associate / Collaborator resulting in a Sub-Contract
Agreement valued at ...................................... for ...................................................... (hereinafter
called ‘‘Sub-Contract Agreement’’) and Associate / Collaborator having agreed to provide a Bank
Guarantee amounting to .............................................. to the Employer on the terms and conditions
specified in the ‘‘Undertaking’’.

We........................... Bank, having its Head Office at....................................... (hereinafter referred to

as the ‘‘Bank’’, which expression shall, unless repugnant to the context or meaning therof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake to pay to the
Employer on demand any and all monies to the extent of .................................(Specify currency and
amount in words and figures) only as aforesaid at any time
[email protected] any demur, reservation, context, recourse or protest
and/or without any references to Associate / Collaborator or ‘‘Contractor’’.

Any such demand made by the Employer on the Bank shall be conclusive and binding, not
withstanding any difference between the Employer and Contractor and/or between the Employer and
Associate / Collaborator or any dispute pending before any Court, Tribunal, Arbitrator or any other
Authority. The Bank undertakes not to revoke this Guarantee during its currency without previous
consent of the Employer and further agrees that the Guarantee herein contained shall be enforceable
till ninety (90) days after expiry of its validity.
The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under
this Guarantee, from time to time to extend the time for performance of the Contract or the Sub-
Contract Agreement by the Associate / Collaborator.

The Employer shall have the fullest liberty, without affecting this Guarantee, to postpone from time to
time the exercise of any powers vested in them or of any right which they might have against the

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
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Associate / Collaborator and to exercise the same at any time, in any manner, and either to enforce
or to forbear to enforce any covenants, contained or implied, in the Contract or Undertaking or any
other course or remedy or security available to the Employer. The Bank shall not be released of its
obligations under these presents by any exercise of its liberty with reference to the matters aforesaid
or any of them or by reason of any other act or forbearance or other acts of omission or commission
on the part of the Employer or any other indulgence shown by the Employer or by any other matter or
thing whatsoever which under law would, but for this provision have the effect of relieving the Bank
from its obligations.

The Bank also agrees that the Employer at is option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against Contractor or
Associate / Collaborator and notwithstanding any security or other guarantee that the Employer may
have in relation to Contractor's or Associate / Collaborator liabilities.

Notwithstanding anything contained hereinabove our liability under this Guarantee is restricted to
........................ and, it shall remain in force upto and including ......................... @
..................................... and shall be extended from time to time for such period (not exceeding one
year), as may be desired by M/s .......................... (Associate / Collaborator) on whose behalf this
guarantee has been given.

Date this.................................day of..............................20.........................at.............................

WITNESS
1. .................................................... ..........................................................
(Signature) (Signature)

.................................................... ..........................................................
(Name) (Name)

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

Authorised Vide Power of

Attorney No......................................

Date..................................................
2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)
Notes :

1.@ The date shall be as specified in the corresponding format for the Deed of Joint Undertaking enclosed
in the Section 'Forms and Procedures'.
2. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the bidding
documents.
3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per Stamp Act
prevailing in the state(s) where the BG is submitted or is to be acted upon or the rate prevailing in State

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 where the BG is executed, whichever is higher. The Stamp Paper/e-stamp paper shall be purchased in
the name of Bidder/Bank issuing the guarantee.
4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the points
mentioned in Form 16-Form of Bank Guarantee Verification Check List enclosed in Section-VII of
bidding document. Further, Bidders are required to fill up this Form 16 and enclose the same with the
Bank Guarantee.
5. The Bank Guarantee (BG) shall be accompanied with the BG forwarding letter in the format attached as
(Form no. 23) in the bidding documents.
6. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of NTPC letter
ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-I/AMT-1/2014-15/370 dated
04.09.2014 (attached with Section-V of Bidding Documents).

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 14.b PROFORMA FOR INSURANCE SURETY BOND
TO BE FURNISHED BY THE EXECUTANT OF DEED OF
JOINT UNDERTAKING OTHER THAN CONTRACTOR

(To be suitably incorporated by concerned package coordinator)

(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No. ........................

Date..................................................
To,
[Employer's Name & Address]

Dear Sirs,

In consideration of .............................[Employer's Name]................................................ (hereinafter

referred to as the ‘Employer’, which expression shall unless repugnant to the context or meaning
thereof include its successors, administrators and assigns) having awarded to
...................................... with its Registered Head Office at........................................... (herein-after
referred to as...................................or ‘‘Contractor’’) a Contract for ...................................... Package
for its ............................................... (Name of Project) ..................... vide Contract No.
.............................. dated ....................... and the same having been unequivocally accepted by the
Contractor resulting in a ‘‘Contract’’, which award is on the strength of Deed of Joint Undertaking
dated .................... (hereinafter referred to as ‘‘Undertaking’’) given by
M/s................................................................... (Contractor) and by M/s.......................... (Associate /
Collaborator)………. having its registered office at ..................................... (hereinafter called
Associate / Collaborator), and the Contractor having further executed with
M/s............................................ (Associate / Collaborator) a Sub-Contract dated ................... and the
same having been unequivocally accepted by the Associate / Collaborator resulting in a Sub-Contract
Agreement valued at ...................................... for...................................................... (hereinafter called
‘‘Sub-Contract Agreement’’) and Associate / Collaborator having agreed to provide an Insurance
Surety Bond amounting to .............................................. to the Employer on the terms and conditions
specified in the ‘‘Undertaking’’.

We ................[Name & Address of the Insurer].................having its Head Office

at...........................(hereinafter referred to as the ‘Insurer’, which expression shall, unless repugnant
to the context or meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Employer, on demand any and all amount payable by the
Contractor to the extent of ...................................... as aforesaid at any time upto
.........................(@)......................[days/month/y
ear] without any condition, demur, reservation, contest, recourse or protest and/or without any
references to Associate / Collaborator or ‘‘Contractor’’. Any such demand made by the Employer on
the Insurer shall be conclusive and binding notwithstanding any difference between the Employer and
the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.
The Insurer undertakes not to revoke this Insurance Surety Bond during its currency and or any
period extended under the contract, without prior consent of the Employer and further agrees that the
guarantee herein contained shall be enforceable till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Insurer
under this Insurance Surety Bond, from time to time to extend the time for performance of the
Contract or the Sub-Contract Agreement by the Associate / Collaborator for the purpose of which, the
Insurer shall be liable to extend the validity of the present Insurance Surety Bond without any demur,
condition, protest and the Insurer shall at no point in time have an option of revoking the same, The
Employer shall have the fullest liberty, without affecting this Insurance Surety Bond, to postpone from
time to time the exercise of any powers vested in them or of any right which they might have against
the Associate / Collaborator and to exercise the same at any time, in any manner, and either to

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
enforce or to forbear to enforce any covenants, contained or implied, in the Contract or Undertaking
or any other course or remedy or security available to the Employer. The Insurer shall not be released
of its obligations under these presents by any exercise of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or
commission on the part of the Employer or any other indulgence shown by the Employer or by any
other matter or thing whatsoever which under law would, but for this provision have the effect of
relieving the Insurer from its obligations.

The Insurer also agrees that the Employer at its option shall be entitled to enforce this Insurance
Surety Bond against the Insurer as Surety, in the first instance without proceeding against Contractor
or Associate /Collaborator and notwithstanding any security or other guarantee that the Employer
may have in relation to Contractor's or Associate / Collaborator liabilities.

Notwithstanding anything contained hereinabove our liability under this Insurance Surety Bond is
restricted to........................ and, it shall remain in force upto and including ......................... @
..................................... and shall be extended from time to time for such period (not exceeding one
year), as may be desired by M/s.......................... (Associate / Collaborator) on whose behalf this
Insurance Surety Bond has been given.

Date this.................................day of..............................20.........................at.............................

WITNESS :
1. .................................................... ..........................................................
(Signature) (Signature)
.................................................... ..........................................................
(Name) (Name)
.................................................... ..........................................................
(Official Address) (Designation with Insurer Stamp)

Authorised Vide Power of Attorney

No...................................
Date..............................................

2. ....................................................
(Signature)
....................................................
(Name)
....................................................
(Official Address)

Notes : 1. (@)The date shall be as specified in the corresponding format for the Deed of Joint
Undertaking enclosed in the Section 'Forms and Procedures'.

2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued by Insurance
Regulatory and Development Authority of India (IRDAI).

3. The Employer shall be the Creditor, the Associate / Collaborator shall be the Principal debtor and
the Insurance company/Insurer shall be the Surety in respect of the Insurance Surety Bond to be
issued by the Insurer.

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of appropriate
value as per Stamp Act prevailing in the state(s) where the Insurance Surety Bond is submitted or is
to be acted upon or the rate prevailing in State where the Insurance Surety Bond is executed,
whichever is higher. The Stamp Paper/e-stamp paper shall be purchased in the name of
Bidder/Insurer issuing the Insurance Surety Bond.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
5. While getting the Insurance Surety Bond issued, the Contractor is required to ensure compliance to
the points mentioned in Form of Bank Guarantee/ Insurance Surety Bond Verification Check List.
Further, the Contractor is required to fill up this Form and enclose the same with the Insurance Surety
Bond .

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 15. FORM OF JOINT VENTURE AGREEMENT

FORM NO. 15.

(On Non-Judicial Stamp Paper of Appropriate Value)

(NOT APPLICABLE)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 16. FORM OF BANK GUARANTEE/INSURANCE
SURETY BOND
VERIFICATION CHECK LIST

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM NO. 16
PAGE 1 OF 2

BANK GUARANTEE/ INSURANCE SURETY BOND VERFICATION CHECKLIST

1. Bank Guarantee/ Insurance Surety Bond No.

2. Issuing Bank/Insurer

3. Amount of BG/ Insurance Surety Bond

4. Nature of BG/ Insurance Surety Bond & No. of Pages

5. Validity of BG/ Insurance Surety Bond

6. Package Description

7. Party & Contracts Ref. Name, Address, Tel, Fax, e-mail,

Contract No. Package Name

8. Bank Reference Name, Address, Tel. Fax, E-mail

Sl. No. Details of checks YES / NO

1 Is the BG/ Insurance Surety Bond on non-judicial stamp
paper/e-stamp paper of appropriate value, as per
Stamp Act?
2 Whether date, purpose of purchase and name of the
purchaser are indicated on the stamp paper?
(The date of purchase of stamp paper should be of any
date on or before the date of execution of BG/Insurance
Surety Bond and the stamp paper should be purchased
either in the name of the executing Bank/Insurer or the
Party on whose behalf the BG/Insurance Surety Bond
has been issued. The stamp paper (other than e-stamp
paper) should be duly Signed by the Stamp Vendor)
3 In case of BG/INSURANCE SURETY BONDs from
Bank/Insurance Company abroad, has the
G/INSURANCE SURETY BOND been executed on
Letter Head of the Bank/Insurance Company?

4 Has the executing Officer of BG/INSURANCE SURETY

BOND indicated his name, designation and Power of
Attorney No./ Signing Power no. etc., on the
BG/INSURANCE SURETY BOND?
5 Is each page of BG/ INSURANCE SURETY BOND duly
signed /initialed by executant and whether stamp of Bank
is affixed thereon? Whether the last page is signed with
full particulars under seal of Bank as required in the
prescribed proforma?

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 6 Does the Bank Guarantees/ INSURANCE SURETY
BOND compare verbatim with the Proforma prescribed
in the Bid Documents?

7 Are the factual details such as Bidding Document

No./Specification No., Amount of BG/ INSURANCE
SURETY BOND and Validity of BG/ INSURANCE SURETY
BOND correctly mentioned in the BG?

8 Whether overwriting/cutting if any on the BG/

INSURANCE SURETY BOND have been properly
authenticated under signature & seal of
executant?
9 Whether the BG/ INSURANCE SURETY BOND has been
issued by a Bank/Insurance Company in line with the
provisions of Bidding documents?
10 In case BG/ INSURANCE SURETY BOND has been
issued by a Bank other than those specified in Bidding
Document, is the BG/ INSURANCE SURETY BOND
confirmed by a Bank in India acceptable as per Bidding
documents?

Date : Signature ......................................................

Place : Printed Name ...............................................

(Designation) ................................................

(Common Seal) ............................................

Note: The Bidder is required to fill up this form and enclose along with the Bank Guarantee/Insurance
Surety Bond.
Certified that the Bank Guarantee submitted has been verified and accepted in line with the
prescribed procedure.

NOTE:
(i) The Executive from Concerned Execution Department shall verify the BG/ Scanned copy
of BG in the system in line with the prescribed procedure and the same shall be digitally
approved in the system. The BG shall not be approved at a level lower than the DGM.

(ii) Dealing Executive of Unified Treasury at the level of E5/E6 shall certify that BG has been
verified from the issuing bank.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 17. FORM OF VALIDITY EXTENSION
OF BANK GUARANTEE/INSURANCE SURETY
BOND

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM NO. 17
Page 1 of 1

FORM OF EXTENSION OF BANK GUARANTEE/ INSURANCE SURETY BOND

Ref. No.: Date:
@.........................

Dear Sirs,

Subject : Extension of Bank Guarantee/Insurance Surety Bond No. dated for…..[indicate

value of Bank Guarantee/Insurance Surety Bond]………………….favouring yourselves
expiring on on account of M/s……………… (Name of Bidder)…………….in respect of Contract for
(Insert Package name) (Insert Project Name) project,Contract No. dated………………..
(hereinafter called original Bank Guarantee/Insurance Surety Bond)

At the request of M/s …………………….we ………………….Bank branch office

at…………………………… and having its Head office at …………………do hereby extend our liability
under the above mentioned guarantee No. …………………..dated…………………… for a further
period of …………………..year/months from …………………….to expire on ………………..

Except as provided above, all other terms and conditions of original Bank Guarantee/Insurance
Surety Bond No…………………… dated………… shall remain unaltered and binding.

Please treat this as an integral part of the original guarantee to which it would be deemed
to have been attached.

………………………….
(Signature)
………………………….
(Name)
…………………………..
(Designation with Bank Stamp)
Authorised vide
Power of Attorney No…..
Date……………………
Dated
SEAL OF BANK/INSURANCE COMPANY
Note:
1. @ The extension of the Bank Guarantee/Insurance Surety Bond should be forwarded to the Unit/
Project/Corporate Centre, from where the extension has been sought.

2. The extension of BG/Insurance Surety Bond should be on Non-Judicial stamp paper/estamp paper
of appropriate value as per Stamp Act prevailing in the State(s) where the BG/Insurance Surety Bond
is submitted or is to be acted upon or the rate prevailing in the State where the BG is executed,
whichever is higher. The Stamp Paper/e-Stamp paper shall be purchased in the name of Bidder/Bank
issuing the guarantee.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 18. FORM OF INDEMNITY-CUM-UNDERTAKING
AGREEMENT [FOR REMOVAL / DISPOSAL OF
SCRAP / SURPLUS MATERIAL]

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 18. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT WITH REGARD TO
REMOVAL/DISPOSAL OF SCRAP/SURPLUS MATERIAL

(TO BE EXECUTED ON STAMP PAPER OF APPROPRIATE VALUE)

INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT executed this .........................day

of...................... 20 .................... between ...........................(Name of Company)
........................................... a Company /Partnership Firm / Proprietary Concern incorporated under
the laws of ………………………. having its Registered Office(s) at ...................................... (Office
Address) ............................... hereinafter called the ‘Contractor’ (which expression shall, unless
excluded by or repugnant to the context, be deemed to mean and include its successors,
administrators, executors and permitted assigns)

AND

M/s. .................................................... having its registered office at ................................................

(hereinafter referred to as ‘Employer’).

1. ‘Employer’ has awarded the ‘Contractor’, contract for execution of work ("Scope of Work") as
mentioned in the contract agreement no. ................................ dated ........................, entered
into between ‘Employer’ and ‘Contractor’, relating to ........................................ (Name &
Address of Project/Station) .......................................... (hereinafter called 'the Project').

2. The ‘Contractor’ for the purpose of execution of its Scope of Work had from time to time
procured and stored .................................. (Details of Material) ........................... at the Project
Site.

3. After completion of the Scope of Work by ‘Contractor’, it has been identified that scrap
............................ (Details of Scrap Material & its quantity) ............................ and/or surplus
................................... (Details of Surplus Material & its Quantity) ........................ belonging to
‘Contractor’ is lying at the said Project Site.

4. Now, the scrap ................................ (Details of Scrap Material & its Quantity) .................
and/or surplus .................. (Details of Surplus Material & its Quantity) ........................
belonging to the ‘Contractor’, requires to be removed by ‘Contractor’ from the Project Site.

NOW THEREFORE THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT WITNESSETH AS

UNDER:

1. That ‘Contractor’ by way of this Indemnity-cum-Undertaking Agreement requests ‘Employer’ to

issue necessary exit gate pass(es) in favour of ‘Contractor’ for removal of scrap......................
(Details of Scrap Material & its Quantity) .............................. and/or surplus ..........................
(Details of Surplus Material & its Quantity) .............................. belonging to ‘Contractor’, from
the project.

2. That as per Employer's procedure, ‘Contractor’ shall ensure loading of trucks for clearing of its
scrap ............................ (Details of Scrap Material & its Quantity) ....................... and/or
surplus ............................... (Details of Surplus Material & its Quantity) .................. by itself, as
aforesaid, under the supervision of CISF personnel.

3. That ‘Contractor’ in consideration of the premises above, for itself and its respective,
executors, administrators and assigns, jointly and severally agree and undertake from time to
time and at all times hereafter to indemnify ‘Employer’ and keep ‘Employer’ indemnified from
and against all claims, demands, actions, liabilities and expenses which may be made or

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 taken against or incurred by ‘Employer’ by reason of the issue of necessary gate pass(es) by
‘Employer’ and permitting ‘Contractor’ to remove scrap ................... (Details of Scrap Material
& its Quantity) ............................. and/or surplus ............................... (Details of Surplus
Material & its Quantity) ............................ belonging to ‘Contractor’, from the project.

4. That ‘Contractor’ undertakes to indemnify and keep ‘Employer’ harmless from any act of
omission or negligence on the part of the ‘Contractor’ in following the statutory requirements
with regard to removal/disposal of scrap and surplus belonging to ‘Contractor’, from the
Project Site aforesaid, by the ‘Contractor’. Further, in case the laws require ‘Employer’ to take
prior permission of the relevant Authorities before handing over the scrap and/or surplus to the
‘Contractor’, the same shall be obtained by the ‘Contractor’ on behalf of ‘Employer’.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘Employer’, through their authorized
representative, have executed these presents on the Day, Month and Year first mentioned above at
......................... (Name of the Place) .........................................

For and on behalf of For and on behalf of

.................................................. ……………………….
(Contractor's Name) (Employer’s name)

Signature ............................ Signature ............................

Name .................................. Name ..................................
Designation of ......................... Designation of ......................
Authorised representative * Authorised representative *

WITNESS : WITNESS :

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

2. Name .................................... 2. Name ..................................

3. Address ................................ 3. Address ..............................

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

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i)

in case of contracting Company under common seal of the Company or (ii) having the Power
of Attorney issued under common seal of the company with authority to execute Indemnity-
cum-Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is
specifically for this Contract or a photostat copy of the Power of Attorney if it is General Power
of Attorney and such documents should be attached to Indemnity-cum-Undertaking
Agreement. In case of Employer, by the authorized representative of the Employer.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
19. FORM OF CONTRACT CLOSING CERTIFICATES

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Form-19.1

PROFORMA OF CERTIFICATE OF FINAL AMENDMENT TO THE CONTRACT

(To BE ISSUED BY CORPORATE CONTRACT SERVICES)

CERTIFICATE NO. CCP - 01

NAME OF PACKAGE: LETTER OF AWARD/ NOA/

CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

This is to certify that amendments have been issued to the aforesaid contract as per
the details mentioned below:

Amendment No. Date

1.
2.
3.
4.
5.

This is to certify further that Amendment No.-------------- dated ………… is the last
amendment issued.

Signature ... ... ... ... ... ... .....

Date ... ... ... ... .... Name... ... ... ... ... ... ... ... ....
Place... ... ... ... ... . Designation ... ... ... ... ... ....

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.2

PROFORMA FOR DRAWING RECEIPT CERTIFICATE

(TO BE ISSUED BY ENGINEERING)

CERTIFICATE NO. CCP- 02

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

Project:

This is to certify that we have received all the drawings which were to be submitted by
the Contractor in requisite number along with the reproducibles as detailed in Annexure
enclosed herewith, as per provisions stipulated in the above mentioned LOA/Contract.

Signature ... ... ... ... ... ... ... ..

Date ... ... ... ... ... . Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation ... ... ... ... ... ....

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.3

PROFORMA FOR QA DOCUMENTS RECEIPT CERTIFICATE

(TO BE ISSUED BY CQA&I)

CERTIFICATE NO. CCP-03

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

Project:

This is to certify that the QA documents as per the list enclosed, in respect of the above
mentioned LOA/ Contract has been received in line with the provisions of the Contract.

Signature .......................

Date ................ Name............................

Place................ Designation ... ... ... ... ... ... .

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.4

PROFORMA FOR O&M MANUAL RECEIPT CERTIFICATE

(TO BE ISSUED BY ENGINEERING)

CERTIFICATE NO. CCP - 04

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

Project :

This is to certify that we have received from the contractor all the necessary O&M
Manuals in requisite number including the list of spare parts along with the names of
vendors in respect of the above LOA/contract. The consolidated list of such manuals
received is enclosed along with the distribution as marked on the list.

Signature .......................

Date ................ Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation ...................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.5

PROFORM FOR SCOPE COMPLETION CERTIFICATE

(TO BE ISSUED BY SITE ERECTION)

CERTIFICATE NO. CCP- 05

NAME OF PACKAGE: LETTER OF AWARD/

NOA/CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

Project :

1. This is to certify that the scope of the above Contract has been completed in
line with the contract read in conjunction with the following documents:
1. Final Amendment No. (As per CCP -01)
2. Approved drawings including site run piping schemes, if any.
3. Approved Bill of Materials
4. Material Dispatch Clearance Certificate (s)
5. Measurement Book
6. As Built Drawings
7. Any other documents (specify)

2. It is further certified that the following have been supplied, as per the details
given in the Contract Documents and the same have been taken over by NTPC.
1. Mandatory spares
2. Recommended Spares
3. Special Tools & Tackles

Signature .......................

Date ... ... ... ... .... Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation ... ... ... ... ... ....

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Form-19.6

PROFORMA FOR LIQUIDATED DAMAGES FOR DELAY CERTIFICATE

(TO BE ISSUED BY SITE ERECTION/ REGIONAL OFFICE/ CORPORATE

CONTRACT SERVICES)

CERTIFICATE NO. CCP- 06

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

Project:

This is to certify that the issue regarding liquidated damages for delay as per the
provisions of clause of the above contract/ LOA has been resolved
with the approval of the Competent authority vide reference
_ _ _ _ _ _ _ _ _ _ (copy enclosed).

Signature ... ... ... ... ... ... ... ..

Date ... ... ... ... .... Name... ... ... ... ... ... ... ... ....
Place... ... ... ... ... . Designation ... ... ... ... ... ....

Note: In respect of cases where LD for delay is settled by Corporate Contract Services (CS), this
certificate will be issued by CS and where LD for delay is settled by the Site / Region, the same will be
issued by the concerned Site/Regional Offices.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Form-19.7

PROFORMA OF SHORTFALL IN EQUIPMENT PERFORMANCE CERTIFICATE

(TO BE ISSUED BY OS/SITE, AS APPLICABLE, FOR SITE PERFORMANCE TEST

AND BY CQA&I FOR SHOP TEST)

CERTIFICATE NO. CCP - 07

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that the following shortfall in equipment performance as compared to

the guaranteed parameters have been assessed and agreed to with the contractor in
respect of the above mentioned LOA/ Contract.

[Link] Guaranteed Parameter Guaranteed Assessed Value Shortfall, if liquidated damages

value any. Annual

1 2 3 4 5 6

Further, it is also confirmed that liquidated damages for shortfall in equipment

performance in respect of above Items, have been recovered fully from the contractor
and no other dues are outstanding for shortfall in equipment performance.

Signature ... ... ... ... ... ... .....

Date ... ... ... ... ... . Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation ... ... ... ... ... ... .

To be counter signed by Site Accounts.

Signature ... ... ... ... ... ... .....

Date ... ... ... ... .... Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation ... ... ... ... ... ... .

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
Form-19.8

PROFORMA OF "MATERIAL RECONCILATION" CERTIFICATE

(TO BE ISSUED BY SITE ERECTION AND COUNTERSIGNED BY SITE

MATERIALS MANAGEMENT)

CERTIFICATE NO. CCP - 08

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that the materials issued to the contractor in respect of the above
mentioned LOA/Contract have been reconciled with the stipulations under the contract
documents and no other recovery of material is pending with the contractor.

Signature ... ... ... ... ... ... .....

Date ... ... ... ... .... Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation ... ... ... ... ... ....

To be counter signed by materials management

Signature ... ... ... ... ... ... .....

Date ... ... ... ... ... . Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation... ... ... ... ... ....

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.9
Page 1 of2

PROPORMA OF "PAYMENT RECONCILIATION" CERTIFICATE

(TO BE ISSUED BY SITE ACCOUNTS IN CASE OF INDIAN CONTRACTORS)

CERTIFICATE NO. CCP - 09

NAME OF PACKAGE: LETTER OF

AWARD/
NOA/ CONTRACT NO. :

NAME OF CONTRACTOR:: DATED:

PROJECT:

This is to certify that all the payments released to the contractor in respect of the above
mentioned LOA/Contract have been reconciled with the provisions of the contract
documents and statement of Accounts and or other Certificates of Contractor. It is
observed that there are no recoveries pending under any of the items listed overleaf.

Signature .......................

Date ... ... ... ... .... Name............................

Place................ Designation...................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.9

Page 2 of 2 .

Enclosure to CCP-09

The list of recoveries and claims as advised by site Erection Department should include all
recoveries and claims on any account whatsoever, including the following:

1. Liquidated damages for delay.

2. Liquidated damages for shortfall in Performance as observed during shop-testing (by

inspection deptt.)

3. Liquidated damages for shortfall in performance as observed during performance

guarantee tests conducted at site and other site tests.

4. All recoveries /claims on account of variations/deviations to scope of contract permitted

or otherwise taken place during execution of the contract as listed in certificate No. CCP.05
for contract closing (Certificate by site Erection for contract closing).

5. Recoveries on account of reconciliation of payments made under the contract.

6. All the claims against the contractor regarding clearance of materials from site and vacation
of the premises allotted for site office, stores.

7. All claims in respect of Training/Transportation/Accommodation/Services provided by site

in respect of above LOA/Contract.

8. Recoveries on account of settlement of insurance claims

9. Recoveries on account of reconciliation of materials issued to the Contractor.

10. All recoveries on account of demurrage, transportation, insurance premiums etc. and other
recoveries as informed by T&CC group on account of port clearance, transportation etc.

11. All recoveries on account of wastage and scrap.

12. All recoveries/claims (if any) on account of maintenance of equipments.

13. All recoveries/claims (if any) on account of price variation.

14. All recoveries/claims (if any) on account of statutory dues paid on behalf of the Contractor
by NTPC.

15. Royalty charges.

16. All recoveries/ claims (if any) on account of hiring out of NTPC's plant and equipment.

17. All recoveries/claims (if any) on account of water and electricity charges (if applicable).
18. Any other recoveries/claims against specific instructions.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.10

PROFORMA OF CERTIFICATE REGARDING LABOUR PAYMENTS AND

STATUTORY REQUIREMENTS TO BE FURNISHED BY CONTRACTOR.

(TO BE ISSUED BY THE CONTRACTOR)

CERTIFICATE NO. CCP - 10

NAME OF PACKAGE: LETTEROF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that we have made all labour payments including PF Liabilities in respect
of the above mentioned LOA/ Contract and no other payments in this regard is pending
from us.

Further we confirm that all Statutory requirements have been complied with by us and in
case any default is reported against us, we shall be solely responsible for the same.

Signature ... ... ... ... ... ... ..

Date ... ... ... ... ... . Name... ... ... ... ... ... ... ... ....
Place... ... ... ... ... . Designation ... ... ... ... ... ....

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.11

PROFORMA OF "NO DEMAND CERTIFICATE" BY CONTRACTOR (TO BE

ISSUED BY THE CONTRACTOR)

CERTIFICATE NO. CCP-11

NAME OF PACKAGE: LETTER OF AWARD/ NOA/

CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

We, M/s.............................................................................. (Contractor) do hereby

acknowledge and confirm that we have received the full and final payment due and
payable to us from NVVN Ltd. in respect of our aforesaid LOA/Contract
No..................................... dated.................................including amendments, if any,
issued by NVVN Ltd., to our entire satisfaction and we further confirm that we have no
claim whatsoever pending with NVVN Ltd. under the said Contract.

Notwithstanding any protest recorded by us in any correspondence, document,

measurement books, and/or final bills etc., we waive all our rights to lodge any claim or
protest in future under this contract.

We are issuing this "NO DEMAND CERTIFICATE” in favour of NVVN Ltd. with full
knowledge and with our free consent without any undue influence, misrepresentation,
coercion etc.

Signature ... ... ... ... ... ... ..

Date ... ... ... ... ... . Name... ... ... ... ... ... ... ... ....
Place... ... ... ... ... . Designation ... ... ... ... ... ....

(Company Common Seal)

(This certificate shall be accompanied by the Power of attorney of the signatory)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.12

PROFORMA OF CERTIFICATE FOR COMPLETION OF WARRANTY PERIOD (TO

BE ISSUED BY SITE ERECTION)

CERTIFICATE NO. CCP-12

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.:

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that the warranty period for the above mentioned LOA/Contract has
been completed in line with the provisions of the contract.

Signature ....................

Date ................ Name... ... ... ... ... ... ... ... ....
Place................ Designation ... ................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form-19.13

PROFORMA OF "CERTIFICATE FOR RETURN OF BGs/ INDEMNITY BONDS ETC."

(TO BE ISSUED BY SITE ACCOUNTS)

CERTIFICATE NO. CCP-13

NAME OF PACKAGE: LETTER OF AWARD/NOA/

CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that all the *Bank Guarantee/ Indemnity bonds/ Insurance policies/
Collaborator’s or Associate's Guarantee received for the above mentioned LOA/
Contract have been returned in original to the contractor.

Signature ... ... ... ... ... .....

Date ... ... ... ... ... . Name... ... ... ... ... ... ... ... ....
Place... ... ... ... ... . Designation ... ... ... ... ... ..

*Delete whichever is not applicable.

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM NO. 20
PAGE 1 OF 1
DECLARATION OF ABSENCE OF CONFLICT OF INTEREST WITH CONCILIATION
COMMITTEES OF INDEPENDENT EXPERTS (CCIE)

To :
[Employer's Name and
Address]
Dear Sirs,

1.0 We, M/s ... . .. .............. .......... .. (Name of the Contractor) have been awarded the
contract for ………………………………………………………… (Name of the
package) vide Notification (s) of Award No……… dated…….

2.0 As per the provisions of the contract, we hereby propose the following CCIEs, in
priority order, as per the list enclosed in the Special Conditions of Contract, as
amended from time to time by Ministry of Power, for finalization of CCIE by CEA:

1…………………..
2………………….
3……………………

3.0 We confirm that we do not have any conflict of interest with the aforesaid experts
and they have not been engaged for providing any services to us in the last five
years.

4.0 We confirm that in case of any form of conflict of interest (possible or actual) which
may inadvertently emerge during the conciliation proceedings by CCIE, the same
will be duly reported to you.

5.0 We understand that NVVN may withdraw from the conciliation proceedings, if any
conflict of interest with us is found out which have been intentionally concealed,
and the matter may be referred to Ministry of Power. Further, action may be taken
against us in respect of Fraud Prevention Policy of NTPC.
---------------------------------------------------------------------------------------------------------------------------

Date : Signature......................................................

Place : Printed Name ...............................................

(Designation) ................................................

(Common Seal) ............................................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM NO. 21
PAGE 1 OF 1
DECLARATION OF ABSENCE OF CONFLICT OF INTEREST WITH INDEPENDENT
ENGINEER (IE)
(NOT APPLICABLE)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Form 22. (ELECTRONIC FUND TRANSFER FORM)

Page 1 of 3

Bidder’s Name and Address: To

……………………………………..

Dear Sirs,
We, hereby authorize the Employer to make all our payments through Electronic Fund Transfer
System. The details for facilitating the payments are given below:
(TO BE FILLED IN CAPITAL LETTERS)

1. NAME OF THE BENEFICIARY

2. ADDRESS

PIN CODE

3. TELEPHONE NO. (WITH STD CODE)

4. BANK PARTICULARS
(A) BANK NAME

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Page 2 of 3
(B) BANK TELEPHONE NO. (WITH STD CODE)

(C) BRANCH ADDRESS

PIN CODE

(D) BANK FAX NO (WITH STD CODE)

(E) BRANCH CODE

(F) 9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE COPY OF

A CANCELLED CHEQUE)

(G) IFSC CODE

(H) BANK ACCOUNT NUMBER

(I) BANK ACCOUNT TYPE (TICK ONE)

SAVING CURRENT LOAN CASH CREDIT OTHERS

IF OTHERS, SPECIFY

5. PERMANENT ACCOUNT NUMBER (PAN) (ENCLOSE COPY)

6. E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 Page 3 of 3

I/We hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or credit is not affected at all for reasons of incomplete or incorrect information, I/We would not
hold the Employer responsible. We have enclosed document as mentioned at Sl. No. 4(F) and 5 above.

SIGNATURE
DATE

(AUTHORISED SIGNATORY)
Name:
OFFICIAL STAMP

BANK CERTIFICATION:
It is certified that above mentioned beneficiary holds a bank account no. .............................
with our branch and the Bank particulars mentioned above are correct.

SIGNATURE
DATE

(AUTHORISED SIGNATORY)
Authorization No. :
Name:

OFFICIAL STAMP

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM NO. 23
PAGE 1 OF 1
BG forwarding letter from Bank to NVVN in Bank’s letterhead

To :

Employer Address

Sub: Submission of Bank Guarantee No.

Bank Guarantee No.

Date of Issue [Link]
Guarantee Amount Currency Amount
Date of Expiry of BG [Link]
Last date of lodgement of [Link]
claim
Name, Address and IFSC Name:
code of BG issuing Bank Address:
IFSC code:
Contract/Letter of Award/PO No.
Name & Address of the Name:
Applicant / Contractor Address:

We confirm that SFMS has been sent to your beneficiary bank as below:

ICICI Bank Limited, Connaught Place Branch,

9A, Phelps Building, Inner Circle, New Delhi - 110001
IFSC Code: ICIC0000007

We also confirm the genuineness of the signatures appearing on the said guarantee/extension and
further also confirm that the same has been signed by the competent authority of the bank.

Date : Signature......................................................

Place : Printed Name ...............................................

(Designation) ................................................

(Common Seal) ............................................

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________
 FORM 24

TO WHOMSOEVER IT MAY CONCERN

This is to certify that we have issued/ extended/ amended Bank Guarantee (BG)
Number………………………….. amounting to …………………………….. (in number and words in Contract
Currency) in favour of NVVN Limited on behalf of M/S …………………… ……….. (Contractor name) vide
their request reference………….. dated……………….. (DD/MM/YYYY) for the period (from)...............
(to).............

We confirm that the bank commission (excluding Stamp paper, Out of Pocket Expenses (OPE) and GST on
OPE) amounting to ……………………… (amount and currency) for issuance/ extension/ amendment of the
aforesaid BG have been recovered from M/s ……………………….. (Contractor name).

We further confirm that the commission charged on issuance/ extension/ amendment of the aforesaid BG is
as per the prescribed rates of the Bank. Further the commission charged by the Bank as per card rates /
sanctioned rates is customer/ borrower specific and is uniform for all BGs issued at the request of said
customer/ borrower irrespective of beneficiary.

Chief Manager/Branch Manager

SS No: -
ABC Bank Ltd
New Delhi.
(With Seal of Bank Official)

Bidding Document No NVVN/ C&M /RE___ /2024-25 DEVELOPMENT OF ___ KW GRID CONNECTED
_________ SOLAR POWER PROJECT AT _________