NHPC LTD.
(A Govt. of India Enterprise)
TENDER
DOCUMENT
FOR
Name of Work: Consultancy service for updation of IMS Documents of ISO 18001:2007 and
internal auditors training Programe and IMS certification for Subansiri Lower HE Project.
Tender Specification No. NH/SLP/CONT/2019/C-68/NIT/651
NHPC Office Complex Sector - 33, Faridabad, (Haryana) 121003 (INDIA)
-1-
SECTION 0
NOTICE INVITING TENDER
(NIT)
2
NHPC LIMITED
(A Govt. of India Enterprise)
Subansiri Lower H E Project
Kolaptukar, Dollungmukh Circle
District :Lower Subansiri,
Arunachal Pradesh
Tel: 03752-269296
e-mail: nhpcslp_proc@rediffmail.com
:pnc_slp@nhpc.nic.in
CIN: L40101HR1975GOI032564
SECTION-0:
NOTICE INVITING E-TENDER (NIT)
(Domestic Open Tender basis Bidding)
Online electronic bid (e-tenders) under Two cover system are invited on behalf of NHPC Limited (A Public
sector Enterprise of the Government of India), Subansiri Lower H.E. Project from domestic bidders
registered in India.
Description of work:- "Consultancy service for updation of IMS Documents of ISO
18001:2007 and internal auditors training Programe and IMS certification for Subansiri
Lower HE Project."
Tender Specification No.: NH/SLP/CONT/2019/C-68/NIT/651 Date: 17.10.2019
Tender document can be viewed and downloaded from NHPC Limited website www.nhpcindia.com and
Central Public Procurement Portal (CPPP) at https://eprocure.gov.in/eprocure/app.
The bid is to be submitted online only on https://eprocure.gov.in/eprocure/app up to last date and time of
submission of bids. Sale of hard copy of tender document is not applicable.
1.0 Brief Details & Critical Dates of Tender:
1.1 Brief Details of Tender:
S. Item Description
No.
(i) Name of work Consultancy service for updation of IMS Documents of ISO
18001:2007 and internal auditors training Programe and IMS
certification for Subansiri Lower HE Project..
(ii) Tender Specification No. NH/SLP/CONT/2019/C-68/NIT/651 Dtd. 17.10.2019
(iii) Mode of tendering e-procurement system (Open Tender)
(iv) Tender ID 2019_NHPC_511682_1
(v) Cost of Bidding Document Rs.590/- in the form of Demand Draft/Banker's Cheque
drawn in favour of "NHPC Limited." Payable at SBI, NHPC
Project Gerukamukh (04318)
(vi) Estimated cost Rs.3,19,000/-(Including Cess & GST)
3
(vii) EMD (Bid Security) Rs.6,000/- in the form of Demand Draft/Banker's Cheque
drawn in favour of "NHPC Limited." Payable at SBI, NHPC
Project Gerukamukh (04318) OR in the form of Bank
Guarantee issued by an Indian Nationalised Bank or any
Scheduled Bank in India for EMD. Bank guarantee shall be
valid upto three months beyond the Bid validity period as per
format appended as Annexure-I of ITB.
(viii) Completion Period / Schedule 36 Months
(ix) Required validity of Bid 120 days from the last date of online submission of Bids.
(x) Independent External Monitor Sh. Rajan Nair, Ex- Chairman, Brahmaputra Board and
Sh. Sudhir Krishna, IAS (Retd.)
(xi) Name of Institution for Arbitration Indian Council of Arbitration (ICA), New Delhi.
(xii) Tender Inviting Authority DGM (P&C), P&C division, Subansiri Lower H.E. Project,
Gerukamukh, Distt. Dhemaji, Assam 787035.
E-mail Id: nhpcslp_proc@rediffmail.com
pnc_slp@nhpc.nic.in
Mob. No. +91 8811072004/9065527972
1.2 Critical Dates of Tender:
S. No. Particulars Date & Time
(i) Publish date and time 18/10/2019, 10:00 Hrs.
(ii) Sale / Document Download Start Date & 18/10/2019, 10:00 Hrs.
Time
(iii) Sale / Document Download End Date & 07/11/2019, 17:00 Hrs.
Time
(iv) Online Bid Submission Start Date & Time 18/10/2019, 10:00 Hrs.
(v) Online Bid Submission End Date & Time 07/11/2019, 17:00 Hrs.
(vi) Last date of submission of Cost of Bidding 11/11/2019, 15:00 Hrs.
document, EMD and other offline
supporting documents at
DGM (P&C), P&C division, Subansiri
Lower H.E. Project, Gerukamukh, Distt.
Dhemaji, Assam 787035.
E-mail Id: nhpcslp_proc@rediffmail.com
pnc_slp@nhpc.nic.in
Mob. No. +91 8811072004/9065527972
4
(vii) Bid Opening Date & Time
i. Technical bid along with offline 12/11/2019, 15:30 Hrs.
documents
ii. Price bid To be intimated separately.
2.0 Eligibility Criteria for Bidders:
2.1 Bids of those Bidders who have not submitted the requisite Cost of bidding document and EMD (as
per Instructions to Bidders (ITB) Clause 3.0 & 4.0) shall not be considered for evaluation, except in
case of exemption as per Clause No. 3.2 & Clause No. 4.1 of ITB.
Further, those Bidders who fail to declare Udyog Aadhaar Memorandum (UAM) number on Central
Public Procurement Portal (CPPP) shall not be able to avail the benefits available to MSEs as
contained in Public Procurement Policy for MSEs Order, 2012 issued by Ministry of Micro, Small &
Medium Enterprises, for tenders invited electronically through CPPP. Such bidders shall be treated
as non-MSE bidders and bids of such Bidders shall be considered only if it is accompanied by Cost
of bidding document/EMD (if applicable against tender)
2.2 The bidders must fulfil the minimum Qualifying Criteria:-
2.2.1 Experience of having successfully completed , as prime contractor , similar work during last 7
years ending last day of month previous to the one in which applications are invited should be
either of the following:
Three (3) similar completed works each costing not less than the amount equal to 40% of
the estimated cost.
OR
Two (2) similar completed works each costing not less than the amount equal to 50% of
the estimated cost.
OR
One (1) similar completed work costing not less than the amount equal to 80% of the
estimated cost.
(The definition of similar work means "Consultancy services and certification for IMS with
Govt. departments/ Semi Govt. department or PSU/ reputed companies/organizations".)
2.2.2 All Startups (whether MSEs or otherwise), falling within the definition as per Gazette notification-
G.S.R. 501(E) dt. 23.05.2017 are exempted from meeting the qualification criteria in respect of
Prior Experience-Prior Turnover subject to their meeting the quality and technical specification.
However, the Employer reserves the right to deny such exemptions to Startups (whether MSEs
or otherwise) in case of circumstances like procurement of items related to public safety, health,
critical security operations and equipments etc. Declaration in this regard is to be submitted by
the Bidder as per Annexure-VIII.
2.2.3 All Micro and Small Enterprises (MSEs) are exempted from meeting the qualification criteria in
respect of Prior Experience-Prior Turnover in public procurement subject to meeting of quality and
technical specifications for which necessary documents shall be submitted by such bidders.
2.2.4 The reference date for considering the period for eligibility / qualification requirements above shall
be the last day of the month previous to the one in which tenders are invited.
2.2.5 Bidder must also produce with their Bid PAN, Goods & Services Tax Identification No. (GSTIN).
EPF Registration No. and ESIC Registration No
5
2.3 The Bidder should not have been banned/ de-listed/ black listed/ debarred from business or
declared ineligible on the grounds mentioned in para 6 of Guidelines on Banning of Business
Dealings (Annexure-A) to Integrity Pact,(If applicable),ITB clause 9.0. Self-declaration in this
regard is to be submitted as per enclosed Annexure-III .
2.4 To improve transparency and fairness in tendering process and/or during execution of work
undertaken, the Employer is implementing Integrity Pact as per Clause No. 9.0 of the ITB. The
bidder must submit the Integrity Pact as per Proforma (Annexure-II) duly signed as per Clause 9.0
of ITB.
Pre-contract Integrity Pact is to be executed on plain paper with NHPC Ltd. at the time of
submission of Bids. The successful bidder (Contractor) shall submit duly executed Integrity Pact
on Non-Judicial Stamp Paper of appropriate value prior to signing of Contract Agreement.
To oversee the compliance under the Integrity Pact, Sh. Rajan Nair, Ex- Chairman,
Brahmaputra Board and Sh. Sudhir Krishna, IAS (Retd.) has been appointed as an
Independent External Monitor (IEM) by the owner. The Contact Address of IEM is as under:-
Independent External Monitor for NHPC,
Room No --- , NHPC Ltd.
NHPC Office Complex,
Sector 33 Faridabad 121003
2.5 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be
considered for evaluation and award of the Contract. Bidders will submit duly attested
requisite supporting documents and testimonials with their Bids to prove their credentials
and claim of meeting the Eligibility Criteria.
3.0 The details/ information regarding online tendering i.e. Registration on CPP portal, Preparation of
Bid and Submission of bid are available in the tender document and as well as on CPP Portal
under "Bidders Manual Kit".
4.0 NHPC reserves the right to reject any or all tenders and shall not be bound to assign any reason
for such rejection.
For & on behalf of NHPC Ltd.
SM (P&C),
P&C division, Subansiri Lower H.E. Project,
Gerukamukh, Distt. Dhemaji, Assam
787035.
E-mail Id: nhpcslp_proc@rediffmail.com
:pnc_slp@nhpc.nic.in
6
SECTION I
INSTRUCTIONS TO BIDDERS
(ITB)
SECTION-I: INST RUCTIONS TO BIDDERS (ITB)
1.0 INTRODUCTION
1.1 NHPC Limited, a leading Public Sector Enterprise of the Government of India, hereinafter referred
to as the "Employer" will receive bid for "Consultancy service for updation of IMS Documents
of ISO 18001:2007 and internal auditors training Programe and IMS certification for
Subansiri Lower HE Project." as set-forth in the specifications. The bid will be received, opened
and evaluated online in electronic form through NHPC's E-tendering portal i.e.
https://eprocure.gov.in/eprocure/app [Link to reach at site is also available at NHPC website i.e.,
www.nhpcindia.com e- Procurement Govt. e-Procurement System of NIC (GePNIC) under
Central Public Procurement Portal (CPPP)]. Bid shall be prepared and submitted in accordance
with instructions contained in this Section.
1.2 This section of the bidding document provides the information necessary for Bidders to prepare
online responsive bids, in accordance with the requirements of the Employer. It also provides
information on online bid submission, opening, evaluation and contract award.
1.3 INSTRUCTION FOR ONLINE BID SUBMISSION:
The Bidders are required to submit soft copies of their bids electronically on the Central Public
Procurement (CPP) Portal, using valid Digital Signature Certificates. The instructions given below
are meant to assist the Bidders in registering on the CPP Portal, prepare their bids in accordance
with the requirements / instructions and submitting their bids online on the CPP Portal.
1.3.1 REGISTRATION:
(i) The Bidder is requested to visit the link `Bidders Manual Kit' at Central Public Procurement (CPP)
Portal (URL: https://eprocure.gov.in/eprocure/app). Bidders are required to enrol on the e-
Procurement module of the CPP Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on
the link "Online Bidder Enrolment", which is free of charge.
(ii) As part of the enrolment process, the Bidder will be required to choose a unique username and
assign a password for their accounts.
(iii) During enrolment/ registration, the Bidder should provide the correct / true information including
valid email-id & mobile no. All the correspondence shall be made directly with the Contractors/
Bidders through email-id provided.
(iv) For e-tendering, possession of valid Digital Signature Certificate (Class II or Class III Certificates
with signing key usage) is mandatory which can be obtained from SIFY/TCS/nCode/eMudra or any
Certifying Authority recognized by CCA India on eToken/ Smartcard.
(v) Upon enrolment on CPP Portal for e-tendering, the Bidder has to register their valid Digital
Signature Certificate with their profile.
(vi) Only one valid DSC should be registered by a Bidder. Bidders are responsible to ensure that they
do not lend their DSCs to others which may lead to misuse and should ensure safety of the same.
(vii) Bidder can then log into the site through the secured login by entering their user ID/ password and
the password of the DSC/ eToken.
1.3.2 SEARCHING FOR TENDER DOCUMENTS
(i) There are various search options built in the CPP Portal, to facilitate Bidders to search active
tenders by several parameters. These parameters could include Tender ID, Organization Name,
Location, Date, Value, etc. There is also an option of advanced search for tenders, wherein the
Bidders may combine a number of search parameters such as Organization Name, Form of
Contract, Location, Date, Other keywords etc. to search for a tender published on the CPP Portal.
(ii) Once the Bidders have selected the tenders they are interested in, they may download the required
documents/ tender schedules. These tenders can be moved/ saved to the respective `My Tenders'
folder. This would enable the CPP Portal to intimate the Bidders through SMS / e-mail in case
(iii) there is any corrigendum issued to the tender document.
(iv) The Bidder should make a note of the unique Tender ID assigned to each tender, in case they
want to obtain any clarification/ help from the Helpdesk.
1.3.3 PREPARATION OF BIDS:
(i) Bidder shall go through the tender document carefully to understand the documents required to be
submitted as part of the bid. Bidders shall note the number of covers in which the bid documents
have to be submitted, the number of documents including the names and content of each of the
document that need to be submitted. Any deviations from these may lead to rejection of the bid.
(ii) Any pre-bid clarifications if required, then same may be obtained online through the tender site, or
through the contact details given in the tender document.
(iii) Bidders should get ready in advance the bid documents to be submitted as indicated in the tender
document/schedule in pdf/xls/rar/zip/ jpg/ dwf formats. If there is more than one document, they
can be clubbed together using zip format. Bid documents may be scanned with 100 dpi with black
and white option which helps in reducing size of the scanned document.
(iv) To avoid the time and effort required in uploading the same set of standard documents which are
required to be submitted as a part of every bid, a provision of uploading such standard documents
(e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the Bidders.
Bidders can use "My Space" or `'Other Important Documents'' area available to them to upload
such documents. These documents may be directly submitted from the "My Space" area as per
tender requirements while submitting a bid, and need not be uploaded again and again. This will
lead to a reduction in the time required for bid submission process.
1.3.4 SUBMISSION OF BIDS:
(i) Bidder should log into the site well in advance for bid submission so that he/she upload the bid in
time i.e. on or before the bid submission time.
(ii) Bidder should prepare the Cost of bidding document/ EMD as per the instructions specified in the
tender document. The original Cost of bidding document / EMD should be posted / couriered /
given in person to the concerned official, latest by the last date of bid submission or as specified in
the NIT / tender documents. The details of the DD / any other accepted instrument, physically sent,
should tally with the details available in the scanned copy and the data entered during bid
submission time. Otherwise the uploaded bid shall be liable for rejection.
(iii) While submitting the bids online through already downloaded / saved tender in `My Tenders' folder,
the Bidder should read the terms & conditions (of CPP portal) and accepts the same in order to
proceed further to submit their bid.
(iv) Bidders should select the payment option as `offline' to pay the Cost of bidding document / EMD
and enter details of the DD/BC/BG.
(v) Bidder should digitally sign and upload the required bid documents one by one in respective
`Tender Cover' as indicated in the tender document.
(vi) Bidders should note that, the very act of using DSC for downloading the tender document and
uploading their offers is deemed to be a confirmation that they have read all sections and pages of
the tender document without any exception and have understood the complete tender document
and are clear about the requirements of the tender document.
(vii) Bidders are requested to note that each document to be uploaded for the tender should be less
than 2 MB. If any document is more than 2 MB, it can be reduced through zip/rar and the same can
be uploaded. For the file size of less than 1 MB, the transaction uploading time will be very fast.
(viii) Utmost care shall be taken for uploading "Schedule of Quantities & Prices" and any change/
modification of the price schedule shall render it unfit for bidding.
Bidder shall download the Schedule of Quantities & Prices i.e. BOQ_XXXX.xls, in XLS format and
save it without changing the name of the file. Bidder shall fill their respective rates in figures
(financial quotes) and other details (such as name of Bidder) in light blue background cells,
thereafter save and upload the file online in financial/price bid (Finance) cover without changing the
filename. No other cell should be changed.
Bidders are requested to note that they should necessarily submit their financial bids in the
`Finance' cover in the format provided and no other format is acceptable. If the template of
"Schedule of Quantities & Prices" file is found to be modified/ tampered by the Bidder, the
bid shall be rejected and further dealt as per provision of clause no. 9.0 of ITB including
forfeiture of EMD.
The Bidders are cautioned that uploading of financial bid elsewhere i.e. other than in
financial cover shall result in rejection of the tender.
(ix) Bidder should submit their bids through online e-tendering system to the Tender Inviting Authority
(TIA) well before the bid submission end date & time (as per Server System Clock). The TIA will
not be held responsible for any sort of delay or the difficulties faced during the submission of bids
online by the Bidder at the eleventh hour.
(x) After the bid submission (i.e. after clicking "Freeze Bid Submission" in the portal), the Bidder should
take print out of system generated acknowledgement number, and keep it as a record of evidence
for online submission of bid, which will also act as an entry pass to participate in the bid opening.
(xi) Bidder should follow the server time being displayed on Bidder's dashboard at the top of the tender
site, which shall be considered valid for all actions of requesting, bid submission, bid opening etc.,
in the e-tender system.
(xii) All the documents being submitted by the Bidder would be encrypted using PKI (Public Key
Infrastructure) encryption techniques to ensure the secrecy of the data. The data entered cannot
be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption
of sensitive fields is done. Any bid document that is uploaded to the server is subjected to
symmetric encryption using a system generated symmetric key. Further this key is subjected to
asymmetric encryption using buyers/bid openers public keys. Overall, the uploaded tender
documents become readable only after the tender opening by the authorized bid openers.
1.3.5 ASSISTANCE TO BIDDERS:
(i) Any queries relating to the tender document and the terms and conditions contained therein should
be addressed to the Tender Inviting Authority or the relevant contact person indicated in the tender.
(ii) Any queries relating to the process of online bid submission or queries relating to CPP Portal in
general may be directed to the 24 X 7 CPP Portal Helpdesk.
Toll Free Number 1800-3070-2232. Mobile No.+91-7878007972 and +91-7878007973.
2.0 Eligibility Criteria for Bidders
2.1 Bids of those Bidders who have not submitted the requisite Cost of bidding document and EMD (as
per ITB Clause 3.0 & 4.0) shall not be considered for evaluation, except in case of exemption as
per Clause No. 3.2 & Clause No. 4.1 of ITB.
Further, those Bidders who fail to declare Udyog Aadhaar Memorandum (UAM) number on Central
Public Procurement Portal (CPPP) shall not be able to avail the benefits available to MSEs as
contained in Public Procurement Policy for MSEs Order, 2012 issued by Ministry of Micro, Small &
Medium Enterprises, for tenders invited electronically through CPPP. Such bidders shall be treated
as non-MSE bidders and bids of such Bidders shall be considered only if it is accompanied by Cost of
bidding document/EMD (if applicable against tender)
2.2 The bidders must fulfil the following minimum Qualifying Criteria :-
2.2.1 Experience of having successfully completed , as prime contractor , similar work during last 7
years ending last day of month previous to the one in which applications are invited should be
either of the following:
Three (3) similar completed works each costing not less than the amount equal to 40% of
the estimated cost.
OR
Two (2) similar completed works each costing not less than the amount equal to 50% of the
estimated cost.
OR
One (1) similar completed work costing not less than the amount equal to 80% of the
estimated cost.
(The definition of similar work means "Consultancy services and certification for IMS with
Govt. departments/ Semi Govt. department or PSU/ reputed companies/organizations".)
2.2.2 All Start-Ups (whether MSEs or otherwise), falling within the definition as per Gazette notification-
G.S.R. 501(E) dt. 23.05.2017 are exempted from meeting the qualification criteria in respect of
Prior Experience-Prior Turnover subject to their meeting the quality and technical specification.
However, the Employer reserves the right to deny such exemptions to Start-Ups (whether MSEs or
otherwise) in case of circumstances like procurement of items related to public safety, health,
critical security operations and equipments etc. Declaration in this regard is to be submitted by the
Bidder as per Annexure-VIII.
2.2.3 All Micro and Small Enterprises (MSEs) are exempted from meeting the qualification criteria in
respect of Prior Experience-Prior Turnover in public procurement subject to meeting of quality and
technical specifications for which necessary documents shall be submitted by such bidders.
2.2.4 The reference date for considering the period for eligibility/ qualification requirements above shall
be the last day of the month previous to the one in which tenders are invited.
2.2.5 Each bidder must also produce with their Bid- PAN, Goods & Services Tax Identification No.
(GSTIN). EPF Registration No. and ESIC Registration No.
2.3 The Bidder should not have been banned/ de-listed/ black listed/ debarred from business or
declared ineligible on the grounds mentioned in para 6 of Guidelines on Banning of Business
Dealings (Annexure-A)to Integrity Pact,(If applicable),ITB clause 9.0. Self-declaration in this regard
is to be submitted as per enclosed Annexure-III.
2.4 To improve transparency and fairness in tendering process and/or during execution of work
undertaken, the Employer is implementing Integrity Pact as per Clause No. 9.0 of the ITB. The
bidder must submit the Integrity Pact as per Proforma (Annexure-II) duly signed as per Clause 9.0
of ITB. The bidder must submit the Integrity Pact as per Proforma (Annexure-II) duly signed as per
Clause 9.0 of ITB.
Pre-contract Integrity pact is to be executed on plain paper with NHPC Ltd. at the time of
submission of Bids. The successful bidder (Contractor) shall submit duly executed Integrity Pact on
Non-Judicial Stamp Paper of appropriate value prior to signing of Contract Agreement.
To oversee the compliance under the Integrity Pact, Sh. Rajan Nair, Ex- Chairman, Brahmaputra
Board and Sh. Sudhir Krishna, IAS (Retd.) has been appointed as an Independent External
Monitor (IEM) by the owner. The Contact Address of IEM is as under:-
Independent External Monitor for NHPC,
Room No --- , NHPC Ltd.
NHPC Office Complex,
Sector 33 Faridabad 121003
2.5 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be
considered for evaluation and award of the Contract. Bidders will submit duly attested requisite
supporting documents and testimonials with their Bids to prove their credentials and claim of
meeting the Eligibility Criteria.
3.0 Cost of bidding document:
3.1 Complete bid document can be viewed and downloaded from NHPC Limited website
www.nhpcindia.com and Central Public Procurement (CPP) Portal
http://eprocure.gov.in/eprocure/app. The bidder will be required to submit a non-refundable fee of
Rs. 590/- (Rupees Five hundred ninety only) in the form of Crossed Demand Draft in favour of
"NHPC Limited" payable at "S.B.I, NHPC Project, Gerukamukh (Branch Code No.- 4318)"
towards the cost of bidding document. The bidder shall fill the Cost of bidding document details
online and submit DD to "DGM (P & C), P&C division, Subansiri Lower H.E. Project, Gerukamukh,
Distt. Dhemaji, Assam 787035. Ph: 03752-269296/. +918811072004 E-mail ID:
nhpcslp_proc@rediffmail.com / pnc_slp@nhpc.nic.in" on or before the date as specified in NIT.
3.2 Micro and Small enterprises (MSEs) registered with NSIC under their Single Point Registration
Scheme or District Industries Centre (DIC) or Khadi and Village Industries Commission (KVIC) or
Khadi and Village Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and
Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar
Memorandum for the goods/ services are exempted from furnishing the cost of bidding document.
They should furnish a Notarized copy of the valid registration certificate/ Entrepreneurs
memorandum (EM-II) details/ other relevant documents issued by above board/ body in their
favours, for the goods/ services covered under this tender document. No other bidders are
exempted from furnishing Cost of bidding document as mentioned above.
3.3 The Bidder shall bear all costs associated with the preparation and submission of his 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.
4.0 Bid Security / Earnest Money Deposit (EMD)
4.1 Bidder shall submit along with the bids, the requisite Bid Security / EMD for an amount of
Rs.6,000/- (Rupees Six Thousand only) as given in NIT appended hereto. Bid security / EMD
may be deposited either in the form of a Crossed Demand Draft/Banker's Cheque in favour of
NHPC Limited, payable at S.B.I, NHPC Project, Gerukamukh (Branch Code No.-4318) or in the
form of a Bank Guarantee issued by an Indian Nationalized Bank or any Scheduled Bank in India
in the prescribed proforma, annexed as "Annexure-I" hereto, valid for a period not less than 90
days beyond the validity period of the tender. Failure to do so may prevent a tender from being
considered.
Micro and Small enterprises (MSEs) Units registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and village Industries Commission
(KVIC) or Khadi and Village Industries Board (KVIB) or Coir Board or Directorate of Handicrafts
and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar
Memorandum for the goods/ services are exempted from furnishing the Bid Security / EMD.
Startups as recognized by Department of Industrial policy & promotion (DIPP) are exempted from
furnishing the Bid Security/EMD. They should furnish with the bid a notarized copy of the valid
certificate of recognition issued by DIPP. No other bidders are exempted from furnishing Bid
Security/EMD except as mentioned elsewhere in the document.
They should furnish with the Bid a Notarized copy of the valid registration certificate/ Entrepreneurs
memorandum (EM-II) details/ other relevant documents issued by above board/body in their
favours, for the goods/ services covered under this Tender document. No other bidders are
exempted from furnishing Bid Security/ EMD as mentioned above.
Bidders shall communicate the following bank details of NHPC Ltd. to the issuing Bank for
online confirmation of Bank Guarantee to be submitted in terms of this Clause:
a) Name of the beneficiary: NHPC Ltd.
b) Account No:30408837726
c) IFSC Code:SBIN0004318
d) Address of the Bank: State Bank Of India, NHPC Gerukamukh
4.2 The bidders shall not be entitled, during the period of validity of their offers without the consent in
writing of the Employer, to revoke or withdraw their bids or vary in any respect their offer or any terms
and conditions thereof. In case of a bidder revoking or withdrawing his Bid or varying any terms and
conditions in regard thereto without the consent of the Employer in writing during the period of validity
of his offer, the Employer shall forfeit the Bid Security / EMD furnished by the bidder along with his
offer.
In addition to this the bidder may at the discretion of the Employer, be debarred from bidding for a
period as may be considered fit by the Employer, against any Bid that might be invited by the Employer
in future. The Employer will also be within its rights to circulate the information, at its discretion to other
prospective Employers about the bidder having withdrawn his offer within the validity period.
4.3 Bids received unaccompanied by either an acceptable Bid Security / EMD or a notarized
photocopy of valid certificate of registration stated as above shall be rejected as being non-
responsive.
4.4 Bid Security / EMD of the successful bidder will be returned when the bidder has furnished requisite
Performance Guarantee as stipulated in Conditions of Contract. Bid Security / EMD of bidders who are
not qualified for opening of price bid shall be returned within 15 days after such notification. The Bid
security / EMD of all the unsuccessful bidders whose price bid has been opened will be returned within
15 days of notification of the award of Contract to the successful bidder. The Earnest Money of
unsuccessful bidders shall be remitted by the Employer in the account mentioned in ECS Form
(Annexure-VI) through ECS mode.
4.5 The Bid Security / EMD shall be forfeited:
a) If the Bidder withdraws its bid or varies any terms & conditions, without the consent of the
Employer, in regard thereto during the period of Bid validity specified by the bidder; or
b) If the bidder indulges in Corrupt, Fraudulent, Collusive or Coercive practice(s) as mentioned in
the clause 13.0 of ITB or defaults commitments under Integrity Pact (ITB clause no. 9.0); or
c) If the bidder does not accept the correction of its Bid Price pursuant to ITB Sub-Clause 11.7;
or
d) If the successful bidder having been notified of the acceptance of its Bid by the Employer
during the period of Bid validity refuses to accept / execute the Order or fails to enter into
Contract Agreement when required; or
e) In the case of a successful Bidder, if the Bidder fails within the specified time limit to furnish
the required Performance Security in accordance with Conditions of Contract.
Note: - Any liability of GST arising out of forfeiture of EMD shall be borne by the contractor.
5.0 The bidder shall prepare the bid and submit the bid online on "Electronic Tendering
System" in following manner:
5.1 ONLINE SUBMISSION:
5.1.1 Cover-1:Techno-commercial bid:
Online bids should be submitted containing scanned copy of following document in Cover-1 :
i) All Documents establishing conformity to the Eligibility Criteria as mentioned at Clause 2.0
of ITB.
ii) Demand Draft / Banker's Cheque / Notarized copy of valid relevant MSEs Certificate or
notarized copy of the valid certificate of recognition issued by DIPP towards Cost of bidding
document.
iii) Demand Draft / Banker's Cheque / Bank Guarantee / Notarized copy of valid relevant
MSEs Certificate or notarized copy of the valid Startups certificate of recognition issued by
DIPP towards Bid Security / EMD.
iv) Pre-Contract Integrity Pact .
v) ECS Form.
vi) Copy of PAN, GST Reg.No.
vii) Details of Past Experience.
viii) Bid Proforma.
ix) Scanned copy of Power of Attorney along with authority of executants.
x) Scanned copy of EPF Registration No. & ESIC Registration No.
xi) Declaration regarding applicability of Micro, Small & Medium Enterprise under MSMED
Act, 2006 along with notarized copy of certificate.
xii) Declaration regarding applicability of Start-Ups under Start-Up India Initiative along with
notarized copy of certificate.
xiii) Undertaking by Bidder towards Anti-profiteering Clause of GST Act/Rules.
5.1.2 Cover-2: FINANCIAL BID (PRICE-BID)
The Financial Bid (Price Bid) shall be submitted in electronic form in conformity with the tender
specifications on the portal only by the time & date as specified in NIT. The financial cover shall
contain price bid in the enclosed "Schedule of Quantities & Prices" i.e. BOQ_XXXX.xls. The
quoted rates should be in Indian Rupee and shall be written in figures in BOQ_XXXX.xls.
GST has been implemented by the Government w.e.f. 01.07.2017. The Contractor, except for
the supplies for the categories mentioned at Section 9(3) of GST Act, shall submit GSSTIN
and shall quote his prices in accordance with GST provisions after considering the benefit
of Input Tax Credit etc. Undertaking in the prescribed format (Annexure-X) for passing on
benefit of Input Tax Credit and compliance of Anti-profiteering clause under Section 171 of
CGST Act/SGST Act Shall be submitted along with bid.
Submission of the Financial Bid (Price Bid) by any other means shall not be accepted by the
Employer in any circumstances. In case, if any cell is left blank and no rate is quoted against any of
the item(s) by the Bidder, rate of such item(s) shall be treated as "0" (Zero) and considered
included in the cost of the bid and no separate claim whatsoever will be entertained on this
account.
Online submission of the bid will not be permitted on the portal after expiry of submission time and
the Bidder shall not be permitted to submit the same by any other mode.
5.2 OFFLINE SUBMISSIONS:
Hard copy / Supporting documents
Hard copy of following supporting documents forming part of Techno-Commercial bids shall be
submitted offline (i.e. physically) in separate sealed envelope bearing on the top the reference of
the Tender specification to -
DGM (P&C),P&C division,
Subansiri Lower H.E. Project,
Gerukamukh, Distt. Dhemaji,
Assam 787035.
E-mail Id: nhpcslp_proc@rediffmail.com
,pnc_slp@nhpc.nic.in
Mob.No.+918811072004/9065527972
on or before the due date & time of submission as per NIT.
The scanned copy(ies) of all the offline documents (hard copies) are to be uploaded online on the
portal along with the Bid as provided in ITB clause 5.1.
i) DD/ Banker's Cheque/ Notarized copy of valid relevant MSEs Certificate towards Cost of
bidding document.
ii) DD/ Banker's Cheque/ Bank Guarantee/ Notarized copy of valid relevant MSEs Certificate
towards Bid Security / notarized copy of the valid Startups certificate of recognition issued
by DIPP towards Bid Security/ EMD.
iii) Power of Attorney along with authority of executants.
Hard copy of online documents, if desired by the Employer, shall be submitted by the bidder in due
course of time.
These envelope(s) shall not contain anything else. This part of bid should not contain any "Price
information".
If any discrepancy is found between the Hard Copies of the offline documents viz. DD
towards Cost of bid document & DD / BG towards Bid Security, Power of Attorney and
scanned copy of same uploaded online then the online bid shall be liable for rejection.
5.3 The online bid (Techno-commercial Bid and Price Bid) shall be submitted up to the due date &
time indicated in the NIT or any extension thereof. Offline documents (as specified at Clause No.
5.2 above) in Physical Form shall be received by the Employer at the address specified in
Invitation for Bids (Notice Inviting e-Tender) not later than the time and date stated in the
Invitation for Bids or any extension thereof. In the event of the specified date for submission of
Offline documents being declared a holiday for the Employer, the same will be received up to the
appointed time on next working day. However, the date and time for online submission of the Bids
shall continue to be the date and time specified or amended, if any.
5.4 The Employer reserves the right to itself to postpone and/or extend the date of receipt or to
withdraw the Bid notice, without assigning any reason thereof, entirely at its discretion. In
such an event, bidders shall not be entitled to any compensation, in any form whatsoever.
5.5 The work covered by this Bid specification shall be executed strictly in accordance with
the conditions specified in the "Conditions of Contract" and other conditions specified in
various sections of this Bid document. Bidders are requested to submit their offer strictly in
line with terms and conditions of tender specification, otherwise bid may be rejected. Bids
silent regarding any of the terms or specifications shall be presumed to be confirming to
the specifications and terms & conditions as stipulated in this Bid document.
5.6 Bidders shall give a breakdown of the prices in the manner and detail called for in the
Schedule of Quantities & Prices. The bidder shall quote their prices on "Firm" basis in all
respects. The bidder shall ascertain the rate of all applicable taxes & duties and shall fill up
price bid accordingly.
5.7 It is imperative for each bidder to satisfy himself completely of all local conditions, and the
nature of the site. A Bidder shall be deemed to have full knowledge of the site [whether he
inspects or not].
5.8 The Bidder should possess a valid PF or appropriate mediclaim policy / ESIC registration
number and Goods & Services Tax Identification Number (GSTIN) duly allotted by the
concerned Authorities and shall furnish proof towards the same along with the bid.
5.9 The bidder should provide the PAN and a copy of PAN card issued by the Income tax
department, contact / mobile & landline telephone numbers along with bids.
5.10 Price bid of bidders, whose techno-commercial bids are not considered acceptable to the
Employer, will be archived unopened. The decision of the Employer is final and binding in this
regard.
5.11 The rates and prices quoted by the bidder shall be exclusive of EPF and ESI contribution in respect
of this contract. The EPF and ESI Contribution on the part of Employer in respect of this contract
shall be paid by the Contractor. These contributions on the part of Employer paid by the Contractor
shall be reimbursed by the Engineer-in-Charge to the Contractor on actual basis on production of
documentary evidence.
Further, the reimbursements are subject to Production of Contract Wise copy of separate Challan
Cum Return (ECR) for monthly payment of EPF by the Contractor. However, during currency of the
Contract the Contractor shall also comply and furnish the document in respect of statutory returns
of EPF like F-6A and F-3A in respect of Contractor's Employees engaged in the Contract.
6.0 Past Experience
The Bidder should fill the details of his past experience in the works covered under these
specifications in the following Proforma and submit the same online as per Annexure-IV
appended herewith.
7.0 Bid Proforma
The bidder should fill in the Bid Proforma appended as Annexure-V herewith and submit the
same online.
8.0 ECS Form
Bidders are required to submit duly filled in ECS Form appended as Annexure-VI
herewith and submit the same online.
9.0 INTEGRITY PACT
To improve transparency and fairness in tendering process and/or during execution of work
undertaken, the Employer is to implement a transparency pact.
The Pre-contract integrity pact, signed by all the prospective Bidders and the Employer shall
commit the persons/ officials of both the parties, not to exercise any corrupt/ fraudulent/ collusive/
coercive practices in the tendering process and also during implementation of the contract. Only
those Bidders who have entered into Integrity Pact with the Employer shall be eligible to participate
in the bidding process. Entering into Integrity Pact as per Performa (Annexure-II) provided in the
tender is a basic qualifying requirement.
Pre-contract Integrity pact is to be executed on plain paper with NHPC Ltd. at the time of
submission of Bids. The successful bidder (Contractor) shall submit duly executed Integrity Pact on
Non-Judicial Stamp Paper of appropriate value prior to signing of Contract Agreement.
To oversee the compliance under the Integrity Pact, Sh. Rajan Nair, Ex- Chairman, Brahmaputra
Board and Sh. Sudhir Krishna, IAS (Retd.) has been appointed as an Independent External
Monitor (IEM) by the owner. The Contact Address of IEM is as under:-
Independent External Monitor for NHPC,
Room No --- , NHPC Ltd.
NHPC Office Complex,
Sector 33 Faridabad 121003
10.0 Online opening of Bids by Employer:
10.1 The Employer will open the Bids online on the date as specified in NIT or any extension thereof. In
the event of the specified date or amendment if any for the opening of bids/offline documents being
declared a holiday for the Employer, the opening shall be carried out at the specified time on the
next working day.
10.2 Initially, the `Techno-Commercial Bid' shall be opened and the `Price Bid' of only those bidders
whose Techno-Commercial bid is acceptable to the Employer shall be opened online subsequently.
11.0 Evaluation of Bids
11.1 The Employer will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether the documents have been properly signed and
whether the bids are generally in order and conforms to all the terms, conditions and specifications
of the bid documents without any deviations.
The Employer will, thereafter check and ascertain whether the bidder fulfils the Eligibility criteria
and other requirements specified under ITB Clause 2.0. The Bids submitted by the Bidders who
meet the Eligibility Criteria set under ITB Clause 2.0 shall only qualify for consideration and further
technical evaluation by the Employer.
The 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 the Employer and may not subsequently be made responsive by the Bidder by
correction of the non-conformity.
11.2 Prior to the detailed evaluation, the Employer will determine whether each 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.
The Employer may waive any minor informality, non-conformity or irregularity in a Bid that does not
constitute a material deviation, and that does not prejudice or affect the relative ranking of any
Bidder as a result of the technical and commercial evaluation, as per clause 11.1 of ITB.
Also, if any discrepancy is found between the Hard Copies of the offline documents viz. DD
towards Cost of bid document & DD / BG towards Bid Security / EMD, Power of Attorney, and
scanned copy of same uploaded online, then the online bid may be liable for rejection.
11.3 During bid evaluation, the Employer may ask the bidder for clarification of its bid. The request for
clarification and the response shall be in writing, and no change in the price or substance of the bid
shall be sought, offered or permitted.
11.4 The bidder shall quote for all the items mentioned in the Price Bid the evaluation of the bid shall
be done based on the item-wise Price/ Total Price as per BOQ_XXX: Schedule of Quantities
& Price.
11.5 All applicable taxes, duties and levies as mentioned in BOQ_XXXX i.e. Schedule of Quantities &
Prices shall be considered for the purpose of evaluation of bids.
11.6 Any adjustments in price that result from the above procedures shall be added, for purposes of
comparative evaluation only, to arrive at an `Evaluated Bid Price'. Bid prices quoted by Bidder shall
remain unaltered.
11.7 Arithmetical errors will be rectified on the following basis:
If there is a discrepancy between the unit price and the total price which is obtained by
multiplying unit price and quantity, or between subtotal and the total price, the unit or subtotal
price as the case may be shall prevail, and the total price shall be corrected. If there is a
discrepancy between words and figure of the unit rates, the unit rates in words will
prevail. If bidder does not accept the correction of errors, its bid will be rejected and the Bid
Security / EMD will be forfeited in accordance with ITB sub-clause 4.5.
12.0 Award Criteria & Employer's Right to accept any bid and to reject any or all Bids
12.1 The Employer reserves the right to accept or reject any bid, or cancel/ withdraw invitation to Bid for
any reason including National Defence and security conditions, and annul the Bidding process and
reject all bids at any time prior to the award of Contract, without thereby incurring any liability to the
affected Bidder or Bidders. However, the Bidder(s), who wish to seek reasons for such decision of
cancellation/ rejection, shall be informed of the same by Employer unless its disclosure reasonably
could be expected to affect the sovereignty and integrity of India, the security, strategic, scientific or
economic interest of the State, relation with foreign state or lead to incitement of an offence.
12.2 The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of
accepting whole or a portion of any of the bid as it may deem fit, without assigning any reason
thereof.
12.3 Canvassing in any form or any approach, official or otherwise, by the Bidder to influence the
consideration of his bid shall render the bid liable to summarily rejection.
12.4 Subject to ITB Clause 12.1 and 12.2, the Employer shall award the contract to the successful
Bidder whose bid has been determined to be substantially responsive and to be the lowest
evaluated bid, further provided that the Bidder is determined to be qualified to perform the contract.
12.5 The Evaluated price arrived at in terms of clause 11.0 shall be considered for the comparison and
evaluation of the bids. However, for the purpose of award of work the lesser of the total price
quoted by the Bidder as per `price bid' or the evaluated price as per clause 11.0 of ITB shall be
considered.
12.6 The parties shall sign the Contract Agreement (three sets in Original) within 28 days from the date
of issue of Letter of Award. The Contractor shall be provided with one signed original Contract
Agreement. The expenses of completing and stamping the agreement shall be borne by the
Contractor. Subsequent to signing of the Contract, the Contractor at his own cost shall provide the
Employer with four (4) true copies of Contract agreement within fifteen (15) days after signing of
Contract.
13.0 Corrupt, Fraudulent, Collusive or Coercive Practices
It is expected from the Bidders/ Suppliers/ Contractors that they will observe the highest
standard of ethics during the procurement and execution of such contracts. I n pursuance of this
policy:
(a) for the purpose of this provision, the terms set forth below shall mean as under:
(i) "corrupt practice" means the offering, giving, receiving or soliciting, directly or indirectly, 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/ omission of facts in order to influence a
procurement process or the execution of a contract.
(iii) "Collusive practice" means a scheme or arrangement between two or more
Bidders, with or without the knowledge of the Employer, designed to establish bid
prices at artificial, non-competitive levels; and
(iv) "coercive practice" means harming or threatening to harm, directly or indirectly,
person or their property to influence their participation in a procurement process or
affect the execution of a contract;
(v) An agreement called "Integrity Pact" between the prospective Bidders and the
Employer shall be signed committing the person/ officials of both the parties, not to
exercise any corrupt influence on any aspect of the Tender/ Contract.
(b) A Bid may be rejected by the Employer if it is determined at any stage that the respective
Bidder has engaged in corrupt, fraudulent, collusive and coercive practices or default
commitment under Integrity Pact as mentioned above in competing for the contract in
question.
(c) The Employer may declare a bidder ineligible, either indefinitely or for a stated period of time,
if it at any time determines that the firm has engaged in corrupt or fraudulent practices,
Collusive and Coercive practices or default commitment under Integrity Pact in competing for,
or in executing, a contract.
(d) Banning of Business Dealings: It is not in the interest of NHPC to deal with Agencies who
commit deception, fraud or other misconduct in the tendering process and/or during
execution of work undertaken. The grounds on which Banning of Business Dealings can be
initiated are as follows:
i) If the security consideration, including questions of loyalty of the Agency to NHPC so
warrants;
ii) If the director/owner of the Agency, proprietor or partner of the firm, is convicted by a
court of law for offences involving moral turpitude in relation to its business dealings with
the Government or any other public sector enterprises, during last five years;
iii) If the Agency has resorted to Corrupt, Fraudulent, Collusive, Coercive practices including
misrepresentation of facts and violation of the any provisions of the Integrity Pact provided
in the Contract;
iv) If the Agency uses intimidation / threatening or brings undue outside pressure on NHPC or
its official for acceptance / performances of the job under the contract;
v) If the Agency misuses the premises or facilities of the NHPC, forcefully occupies or
damages the NHPC's properties including land, water resources, forests / trees or tampers
with documents/records etc.;
vi) If the Agency does not fulfill the obligations as required under the Contract and Violates
terms & conditions of the contract which has serious affect for continuation of the Contract.
vii) If the work awarded to the agency has been terminated by NHPC due to poor performance
of the contract in the preceding 5 years.
viii) If the Central Vigilance Commission, Central Bureau of Investigation or any other Central
Government investigation Agency recommends such a course in respect of a case under
investigation or improper conduct on agency's part in matters relating to the Company
(NHPC) or even otherwise;
ix) On any other ground upon which business dealings with the Agency is not in the public
interest.
x) If business dealings with the Agency have been banned by the Ministry of Power,
Government of India OR any PSU/ any other authority under the MOP if intimated to NHPC
or available on MOP Website, the business dealing with such agencies shall be banned
with immediate effect for future business dealing except banning under Integrity Pact
without any further investigation.
(Note: The examples given above are only illustrative and not exhaustive. The
Competent Authority may decide to ban business dealing for any good and
sufficient reason).
14.0 Information w.r.t. MSME Development Act `2006
MSME Development Act `2006 is applicable to all Contractors/suppliers/service providers.
Therefore information as per "Annexure-VII" appended hereto is required to be submitted/enclosed
by the bidder along with bid.
a. Cost of bidding document:
Micro and Small enterprises (MSEs) registered with NSIC under their Single Point Registration
Scheme or District Industries Centre (DIC) or Khadi and village Industries Commission (KVIC) or
Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and
Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar
Memorandum for the goods/ services are exempted from furnishing the Cost of bidding document.
They should furnish a Notarized copy of the valid registration certificate/ Entrepreneurs
memorandum (EM-II) details/ other relevant documents issued by above board/body in their
favours, for the tendered goods/ services covered under this tender document. No other bidders
are exempted from furnishing Cost of bidding document as mentioned above.
b. Bid security / EMD:
Micro and Small enterprises (MSEs) Units registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and Village Industries
Commission (KVIC) or Khadi and Village Industries Board (KVIB) or Coir Board or Directorate of
Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having
Udyog Aadhar Memorandum for the goods/ services are exempted from furnishing the Bid Security
deposit/ EMD.
They should furnish with the Bid a Notarized copy of the valid registration certificate/ Entrepreneurs
memorandum (EM-II) details/ other relevant documents issued by above board/ body in their
favours, for the goods/ services covered under this Tender document. No other bidders are
exempted from furnishing Bid Security/ EMD as mentioned above.
Bids received unaccompanied by either an acceptable Bid Security / EMD or a Notarized copy of
valid certificate of registration stated as above shall be rejected as being non-responsive.
c. Purchase Preference in favour of MSEs:
Micro and Small enterprises (MSEs) Units registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and Village Industries Commission
(KVIC) or Khadi and Village Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and
Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar
Memorandum for the goods/ services, covered in this Tender document shall also be eligible for the
Purchase Preference.
All Micro and Small Enterprises (MSEs) are exempted from meeting the qualification criteria in
respect of Prior Experience-Prior Turnover in public procurement subject to meeting of quality and
technical specifications for which necessary documents shall be submitted by such bidders.
In tender, participating Micro and Small Enterprises (MSEs) quoting price within price band of
L1+15% shall also be allowed to execute a portion of the requirement by bringing down their price to
L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be
Allowed to execute at least 25% of total tendered value. In case more than one such MSEs, the
work will be shared proportionately (to tendered quantity).
In case of tender item is non-splitable or non-divisible, etc. MSE quoting price within price band
L1+15% may be awarded for full/complete execution of total tendered value to MSE, considering
spirit of Public Procurement Policy, 2012 for enhancing the Govt. Procurement from MSE.
Out of 25% target of annual procurement from MSEs, a sub target of 4% will be earmarked for
procurement from MSEs owned by SC/ST entrepreneurs. However, in the event of failure of such
MSEs to participate in the Tender Process or meet the tender requirements and the L-1 price, the
4% sub-target for procurement earmarked for MSEs owned by SC/ST entrepreneurs will be met
from other MSEs.
Out of the total annual procurement from MSEs, 3% from within the 25% target shall be earmarked
for procurement from MSEs owned by women.
Definition of MSEs owned by SC/ST is as given under:
(a) In case of proprietary MSE, proprietor(s) shall be SC/ST.
(b) In case of partnership MSE, the SC/ST partners shall be holding at least 51% shares
in the unit.
(c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST
promoters.
15.0 Check List (This Check List duly tick marked shall be submitted online)
Sl. Document Required Action required Submitted
No. Please tick (
)
1a) Attested copies of Documentary evidences in support of the To be uploaded online.
qualification criteria as per ITB Clause No. 2.0.
b) Self declaration in original on Company's Letterhead:
The bidder should not have been banned / de-listed / To be uploaded online.
blacklisted / de-barred from business or declared ineligible on
the grounds mentioned in Para 6 of Guidelines on Banning of
Business dealings (Annex-A) to Integrity Pact [if applicable],
ITB Clause no. 9.0 of tender document on Company's
Letterhead as per format.
c) Integrity Pact as per Performa duly signed & Stamped at To be uploaded online.
each page.
2. Cost of Bidding Document To be submitted in
hard copy and
(i) DD amounting to Rs.590/- uploaded online. (i)
Or Or
(ii) Notarized copy of valid Certificate towards exemption of (ii)
Cost of bid document.
3. Bid Security / EMD To be submitted in
hard copy and
(i) DD Amounting to Rs.6,000/- uploaded online. (i)
or Or
(ii) In case of Bank Guarantee, strictly in the format of (ii)
Annexure-I, Amount Rs.6,000/-, validity as per tender
document.
Or Or
(iii) Notarized copy of certificate towards exemption of Bid (iii)
Security / EMD.
4. Power of Attorney along with authority of executants (if To be submitted in hard
required). copy and uploaded
online.
5. ECS Form To be uploaded online
duly filled in.
6. Copy of PAN card, GST Registration, EFP registration & ESIC To be uploaded online
registration
7. Details of Past Experience To be uploaded online
duly filled in.
8. MSMED declaration as per Performa. To be uploaded online
duly filled in
9. Bid Proforma To be uploaded online
duly filled in
10. Declaration as per Annexure-IX of ITB To be uploaded online
11 Annexure-X To be uploaded online
12. Schedule of Quantities & Prices i.e. Financial Bid (Price To be filled online
Bid)
FOUR KEY INSTRUCTIONS for BIDDERS
Note: The following `FOUR KEY INSTRUCTIONS for BIDDERS' must be assiduously adhered to:-
i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission
deadline.
ii) Register your Organization on CPPP well in advance of tender submission deadline.
iii) Get your Organization's concerned executives trained on CPPP well in advance of tender
submission deadline.
iv) Submit your bids well in advance of tender submission deadline on portal (There could be last
minute problems due to internet timeout, breakdown, etc.) While the first three instructions
mentioned above are especially relevant to first-time users of portal, the fourth instruction is
relevant at all times.
Note: Electronic procurement system will not allow any Bidder to place their bids after the expiry of
scheduled date & time. NHPC/ NIC-CPPP shall not be responsible for any delays/ problems
related to bandwidth, connectivity etc., which are beyond the control of the NHPC/ NIC-
CPPP."
-----------------------------------------------------X----------------------------------------------------
ANNEXURE-I
Bank Guarantee in Lieu of Bid Security / Earnest Money Deposit (EMD)
Bank Guarantee
Date: __________
To:
DGM (P&C)
Subansiri Lower HEP,
NHPC Limited
WHEREAS [name of Bidder] (hereinafter called "the Bidder") has submitted its Bid dated [date of bid] for
the performance of the above-named Contract (hereinafter called "the Bid")
KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called
"the Bank"), are bound unto [name of Employer] (hereinafter called "the Employer") in the sum of:
[amount], for which payment well and truly to be made to the said Employer, the Bank binds itself, its
successors and assigns by these presents.
Sealed with the Common Seal of the said Bank this____day of_________20________
THE CONDITIONS of this obligation are the following:
(a) If the Bidder withdraws its bid or varies any terms & conditions, without the consent of the
Employer, in regard thereto during the period of bid validity specified by the Bidder. Or
(b) If the bidder indulges in Corrupt, Fraudulent, Collusive or Coercive practice(s) as mentioned in
the clause 13.0 of ITB or defaults commitments under Integrity Pact (ITB clause no. 9.0). Or
(c) If the successful bidder fails to enter into Contract Agreement when required. Or
(d) In the case of a successful Bidder, if the Bidder fails within the specified time limit to furnish
the required Performance Security, in accordance with Conditions of Contract.
WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand,
without the Employer having to substantiate its demand, provided that in its demand the Employer will note
that the amount claimed by it is due to it, owing to the occurrence of any of above-named
Condition/Conditions, and specifying the occurred condition or conditions.
Notwithstanding anything contained herein above our liability under this Guarantee is limited to.................
(Rupees ............. only) and our Guarantee shall remain in force until........... day of ..........., 20 ............. *@
unless a claim or demand under this Guarantee is made on us in writing, on or before ...................., we
shall be discharged of all liabilities under this Guarantee thereafter.
WITNESS Signed for and on behalf of the Bank
1. ................................................ ...............................
(Signature) (Signature)
................................................ .....................................
(Name) (Name)
................................................ .................................................
(Official Address) (Designation with Bank Stamp)
2. ................................................
(Signature)
Including staff Authority No. with complete
Bank Address with Tel. Fax Nos.
...........................................
...............................................
(Name)
................................................
(Official Address)
Communication address of the Bank
Name of the contact person
Tel. No.
Fax No.
Email:
1.0 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid.
However, the issuing bank shall submit an unstamped duplicate copy of bank guarantees
directly by registered post (AD) to Employer (authority inviting tenders) along with a
forwarding letter.
2.0 The following information should be invariable mentioned on the back side of the bank
Guarantee:
* Vendor's stamp with full details i.e. name of the Employer in whose favour this stamp
paper has been purchased.
*@ The date will be Ninety (90) days beyond the Bid validity period.
Note:- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee
ANNEXURE-II
(To be filled and uploaded online)
(Format of Integrity Pact)
(To be executed on plain paper at the time of submission of bid and on Non-Judicial Stamp Paper of appropriate
value by successful Bidder (Contractor) prior to signing of Contract Agreement)
PRE CONTRACTINTEGRITY PACT
Between
NHPC Limited, a company incorporated under the Companies Act 1956 and having its registered office at NHPC
Office Complex, Sector-33, Faridabad-121003 (Haryana), hereinafter referred to as " The Employer" which
expression shall mean and include, unless the context otherwise requires, his successors in office and assigns
of the First Part.
And
M/s ________ , a company/ firm/ individual (status of the company) and having its registered office at
represented by Shri ________ , hereinafter referred to as "The Bidder/Contractor" which expression shall
mean and include, unless the context otherwise requires, his successors and permitted assigns of the Second
Part.
WHEREAS the Employer proposes to procure under laid down organizational procedures, contract/s for
"Consultancy service for updation of IMS Documents of ISO 18001:2007 and internal auditors training
Programe and IMS certification for Subansiri Lower HE Project ." (Name of the work/ goods/ services)
and the Bidder/Contractor is willing to offer against NIT No. NIT No. NH/SLP/CONT/2019/C-68/NIT/651 Dtd.
17.10.2019.
WHEREAS the Bidder/Contractor is a private company / public company/Government
undertaking/partnership/consortium/joint venture constituted in accordance with the relevant law in the
matter and the Employer is a Public Sector Enterprise.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered
into with a view to:-
Enabling the Employer to obtain the desired said (work/ goods/ services) at a competitive price in conformity
with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public
procurement, and
Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to
secure the contract by providing assurance to them that their competitors will also abstain from bribing and
other corrupt practices and the Employer will commit to prevent corruption, in any form, by its officials by
following transparent procedures.
1.0 Commitments of the Employer
1.1 The Employer undertakes that no official of the Employer, connected directly or indirectly with the
contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe,
consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the
Bidder/Contractor, either for themselves or for any person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contact.
1.2. The Employer will, during the pre-contract stage, treat all the Bidders/Contractors alike,
and will provide to all the Bidders/Contractors the same information and will not provide any such
information to any particular Bidder/Contractor which could afford an advantage to that particular
Bidder/Contractor in comparison to other Bidders/Contractors.
1.3. All the officials of the Employer will report to the appropriate Authority any attempted or completed
breaches of the above commitments as well as any substantial suspicion of such a breach.
2.0 In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the
Employer with full and verifiable facts and the same is prima facie found to be correct by the Employer,
necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may
be initiated by the Employer or Independent External Monitor and such a person shall be debarred from
further dealings related to the contract process. In such a case while an enquiry is being conducted by
the Employer the proceedings under the contract would not be stalled.
3.0 Commitments of the Bidder(s)/Contractor(s)
The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent corrupt practices,
unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract
stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the
following :-
3.1. The Bidder(s)/Contractor(s) will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the Employer, connected directly or indirectly with the bidding process, or
to any person, organization or third party related to the contract in exchange for any advantage in the
bidding, evaluation, contracting and implementation of the contract.
3.2 The Bidder/Contractor further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift consideration, reward, favour, any material or immaterial benefit or
other advantage, commission, fees, brokerage or inducement to any official of the Employer or
otherwise in procuring the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with Employer for showing or forbearing to
show favour or disfavour to any person in relation to the contract or any other contract with Employer.
3.3 The Bidder(s)/Contractor(s) shall disclose the name and address of agents and representatives and Indian
Bidder(s)/Contractor(s) shall disclose their foreign principals or associates.
3.4 The Bidder(s)/Contractor(s)shall disclose the payments to be made by them to agents/brokers or any
other intermediary, in connection with this bid/contract
3.5 Deleted.
3.6 The Bidder, either while presenting the bid or during pre-contract negotiations or before signing the
contract, shall disclose any payments he has made, is committed to or intends to make to officials of the
Employer or their family members, agents, brokers or any other intermediaries in connection with the
contract and the details of services agreed upon for such payments.
3.7 The Bidder/Contractor will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.
3.8 The Bidder/Contractor will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
3.9 The Bidder/Contractor shall not use improperly, for purposes of competition or personal gain, or pass on
to others, any information provided by the Employer as part of the business relationship, regarding
plans, technical proposals and business details, including information contained in electronic data carrier.
The Bidder/Contractor also undertakes to exercise due and adequate care lest any such information is
divulged.
3.10 The Bidder(s)/Contractor(s) commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
3.11 The Bidder(s)/Contractor(s) shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.
3.12 If the Bidder/Contractor or any employee of the Bidder/Contractor or any person acting on behalf of
the Bidder/Contractor, either directly or indirectly, is a relative of any of the officers of the Employer, or
alternatively, if any relative of an officer of the Employer has financial interest/stake in the
Bidder(s)/Contractor(s) firm(excluding Public Ltd. Company listed on Stock Exchange), the same shall be
disclosed by the Bidder/Contractor at the time of filling of tender.
The term `relative' for this purpose would be as defined in Section 2(77) of the Companies Act 2013.
3.13 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the Employer.
4.0Previous Transgression
4.1 The Bidder(s)/Contractor(s) declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country in respect on
any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any
Government Department in India.
5.0 Earnest Money (Security Deposit)
The provision regarding Earnest Money/Security Deposit as detailed in the Notice Inviting Tender (NIT)
and Instruction to Bidders (ITB) section of the Bid Document is to be referred.
6.0 Sanctions for Violations
6.1 Any breach of the aforesaid provisions by the Bidder/Contractor or any one employed by it or acting on
its behalf shall entitle the Employer to take action as per the procedure mentioned in the " Guidelines on
Banning of Business Dealings" attached as Annex-A and initiate all or any one of the following actions,
wherever required:-
(i) To immediately call off the pre contract negotiations without assigning any reason
or giving any compensation to the Bidder/Contractor. However, the proceedings with the other
Bidder(s)/Contractor(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially,
as decided by the Employer and the Employer shall not be required to assign any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to the
Contractor. The Bidder/Contractor shall be liable to pay compensation for any loss or damage to the
Employer resulting from such cancellation/rescission and the Employer shall be entitled to deduct
the amount so payable from the money(s) due to the Bidder/Contractor.
(iv) Deleted.
(v) To encash the Bank guarantee, in order to recover the dues if any by the Employer, along with
interest as per the provision of contract.
(vi) Deleted .
(vii) To debar the Bidder/Contractor from participating in future bidding processes of
NHPC Ltd., as per provisions of "Guidelines on Banning of Business Dealings" of NHPC Ltd. ( Annex-
A), which may be further extended at the discretion of the Employer.
(viii) To recover all sums paid in violation of this Pact by Bidder(s)/Contractor(s) to any
middleman or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of any
contract signed by the Employer with the Bidder/ Contractor, the same shall not be
opened/operated.
(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit
the same without assigning any reason for imposing sanction for violation of this Pact.
6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this Pact
also on the Commission by the Bidder/Contractor or any one employed by it or acting on its behalf
(whether with or without the knowledge of the Bidder/Contractor), of an offence as defined in Chapter
IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption.
6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been
committed by the Bidder/Contractor shall be final and conclusive on the Bidder/Contractor. However,
the Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of
this Pact.
7.0 Independent External Monitor(s)
7.1The Employer has appointed Independent External Monitors (hereinafter referred to as monitors) for this
Pact in consultation with the Central Vigilance Commission.
7.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent
the parties comply with the obligations under this Pact.
7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their
functions neutrally and independently.
7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the
project/procurement, including minutes of meetings. The right to access records should only be limited
to the extent absolutely necessary to investigate the issue related to the subject tender/contract.
7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD,
NHPC and request NHPC Ltd. to discontinue or take corrective action, or to take other relevant action.
The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no
right to demand from the parties that they act in a specific manner, refrain from action or tolerate
action.
7.6 The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all
Project documentation of the Employer including that provided by the Bidder/Contractor. The
Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is applicable to
Subcontractor(s). The Monitor shall be under contractual obligation to treat the information and
documents of the Bidder/Contractor/Subcontractor(s) with confidentiality.
7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties
related to the project provided such meetings could have an impact on the contractual relations
between the parties. The parties will offer to the Monitor the option to participate in such meetings as
and when required.
7.8 The Monitor will submit a written report to the CMD, NHPC Ltd., within 8 to 10 weeks from the date of
reference or intimation to him by the Employer/Bidder and should the occasion arise, submit proposals
for correcting problematic situations.
7.9 The word `Monitor' would include both singular and plural.
8.0 Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission, the Employer
or its agencies shall be entitled to examine all the documents including the Books of Accounts of the
Bidder/Contractor and the Bidder/Contractor shall provide necessary information and documents in English
and shall extend all possible help for the purpose of such examination.
9.0 Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the Registered Office of the
Employer, i.e. Faridabad (Haryana). The arbitration clause provided in the tender document/contract shall
not be applicable for any issue/dispute arising under Integrity Pact.
10.0 Other Legal Actions
10.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow
in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
10.2 Changes and supplements as well as termination notice need to be made in writing.
10.3 If the Contractor is a partnership or a consortium or a joint venture, this pact must be signed by all partners
of the consortium/joint venture.
11.0 Validity
11.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the complete
execution of the contract to the satisfaction of both the Employer and the Bidder/Contractor/Seller,
including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall
expire after six months from the date of the signing of the contract.
11.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall
remain valid. In this case, the parties will strive to come to an agreement to their original intention.
12.0 The Parties hereby sign this Integrity Pact at ____________ on ______________.
Employer Bidder
Name of the Officer (Authorised Person)
Designation (Name of the Person)
Designation
Place---------------- Place--------------
Date--------------- Date--------------
Witness1.__________________________ Witness1.__________________________
(Name and address) (Name and address)
2.__________________________ 2.__________________________
(Name and address) (Name and address)
Annex- A
Guidelines on Banning of Business Dealings
1.0 Introduction
1.1 NHPC Limited (NHPC) deals with Agencies viz. parties/ contractors/ suppliers/ bidders, who are expected
to adopt ethics of highest standards and a very high degree of integrity, commitments and sincerity
towards the work undertaken. It is not in the interest of NHPC to deal with Agencies who commit
deception, fraud or other misconduct in the tendering process and/or during execution of work
undertaken. NHPC is committed for timely completion of the Projects within the awarded value without
compromising on quality.
1.2 Since suspension/ banning of business dealings involves civil consequences for an Agency concerned, it is
incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is
considered before passing any order in this regard keeping in view the facts and circumstances of the
case.
2.0 Scope
2. 1 NHPC reserves its rights to remove from list of approved suppliers / contractors (if such list exists) or to
Suspend/Ban Business Dealings if any Agency has been found to be non/poor performing or have
committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such
grounds as laid down in this policy.
2.2 The procedure of (i) Removal of Agency from the List of approved suppliers / contractors; (ii) Suspension
and (iii) Banning of Business Dealing with Agencies, has been laid down in these guidelines.
2.3 These guidelines shall apply to all the units of NHPC.
2.4 These guidelines shall not be applicable in Joint Venture, Subsidiary Companies of NHPC unless they are
assignees, successors, successors of executor.
2.5 The suspension/banning except suspension/banning under Integrity Pact shall be with prospective
effect, i.e. future business dealings.
3.0 Definitions
In these Guidelines, unless the context otherwise requires:
i) "Agency /Party / Contractor / Supplier / Bidders/Vendors" shall mean and include a public limited
company or a private limited company, a joint Venture, Consortium, HUF, a firm whether registered
or not, an individual, cooperative society or an association or a group of persons engaged in any
commerce, trade, industry, etc. "Party / Contractor/ Supplier / Bidder/Vendor" in the context of
these guidelines is indicated as `Agency'.
ii) "Unit" shall mean the Corporate Office, Project/ Power Station/ Regional Office/ Liaison Office or
any other office of NHPC.
iii) "Competent Authority" and `Appellate Authority' shall mean the following:
a. For works awarded/under Tendering from corporate office (falling in the competency of CMD
/Board of Directors)
Competent Authority: CMD
Appellate Authority : Board of Directors
b. For works awarded/under Tendering from Corporate Office/Projects/ Power Stations/
Regional Offices/Liaison Offices (falling in the competency of Director /Executive Director )
Competent Authority: Concerned Director/Executive Director as the case may be
Appellate Authority: CMD /Concerned Director as the case may be
c. For works awarded/under Tendering from Regional Offices / Projects/ Power Stations/ Liaison
Offices ( falling in the competency of CGM and below)
Competent Authority: Head of the Unit not below the rank of General Manager
Appellate Authority: Next higher authority
iv) "Investigating Committee" shall mean a Committee appointed by Competent Authority to conduct
investigation.
4.0 Initiation of Suspension /Banning
Action for Suspension / Banning Business Dealings with any Agency shall be initiated by the department
responsible for invitation of Bids/Engineer-in-charge after noticing the irregularities or misconduct on
the part of Agency concerned. Besides the concerned department, Vigilance Department of each Unit/
Corporate Vigilance may also be competent to initiate such action.
5.0 Suspension of Business Dealings.
5.1 If the conduct of any Agency dealing with NHPC is under investigation, the Competent Authority may
consider whether the allegations (under investigation) are of a serious nature and whether pending
investigation, it would be advisable to continue business dealing with the Agency. If the Competent
Authority decides that it would not be in the interest to continue business dealings pending
investigation, it may suspend business dealings with the Agency. The order of suspension would operate
for a period not more than six months and may be communicated to the Agency as also to the
Investigating Committee. The Investigating Committee may ensure that their investigation is completed
and whole process of final order is over within such period. However if the investigations are not
completed within six months ,the investigation committee shall put up the proposal to the competent
authority for approval of extension of time maximum up to further three months with in which the
committee shall conclude the proceedings .
5.2 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of
CMD/ Board of Directors/Directors, in case of falling in the competency of Executive Director throughout
Region and in case of falling in the competency of HOP and below throughout the Project/Power Station
and attached liaison offices/units. During the period of suspension, no business dealing shall be held with
the Agency.
5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its
conduct is under investigation. It is not necessary to enter into correspondence or argument with the
Agency at this stage.
5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the
order of suspension.
5.5 The format for intimation for suspension of business dealing is placed at Appendix-1.
6.0 Ground on which Banning of Business Dealings can be initiated
6.1 If the security consideration, including questions of loyalty of the Agency to NHPC so warrants;
6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law for
offences involving moral turpitude in relation to its business dealings with the Government or any other
public sector enterprises, during the last five years;
6.3 If the Agency has resorted to Corrupt, Fraudulent, Collusive, Coercive practices including
misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the
Contract.
6.4 If the Agency uses intimidation / threatening or brings undue outside pressure on NHPC or its official for
acceptance/performances of the job under the contract;
6.5 If the Agency misuses the premises or facilities of NHPC, forcefully occupies or damages the NHPC's
properties including land, water resources, forests / trees or tampers with documents/records etc.
6.6 If the Agency does not fulfil the obligations as required under the Contract and Violates terms &
conditions of the contract which has serious affect for continuation of the Contract.
6.7 If the work awarded to the agency has been terminated by NHPC due to poor performance of the
contract in the preceding 5 years.
6.8 If the Central Vigilance Commission, Central Bureau of Investigation or any other Central Government
investigation Agency recommends such a course in respect of a case under investigation or improper
conduct on agency's part in matters relating to the Company (NHPC) or even otherwise;
6.9 On any other ground upon which business dealings with the Agency is not in the public interest.
6.10 If business dealings with the Agency have been banned by the Ministry of Power, Government of India
OR any PSU/ any other authority under the MOP if intimated to NHPC or available on MOP Website, the
business dealing with such agencies shall be banned with immediate effect for future business dealing
except banning under Integrity Pact without any further investigation.
(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may
decide to ban business dealing for any good and sufficient reason).
7.0 Procedure for Banning of Business Dealings
7. 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing
comprising members from Engineering/Indenting department (convener), Finance, Law and Co n t r a ct .
The level of the committee members shall be CGM and above for works falling in the competency of
CMD/Board of Directors, General Manager and above for the works falling in the competency of
Director/ Executive Director and DGM/SM with at least one member of the level of General Manager for
works falling in the competency of CGM and below.
7.2 The order of Banning of Business Dealings shall be effective throughout the NHPC in case of work falling
in the Competency of CMD/Board of Directors/Directors, in case of falling in the competency of
Executive Director throughout Region and in case of falling in the competency of HOP and below
throughout the Project/Power Station and attached liaison office/units. During the period of Banning of
Business Dealings, no Business Dealing shall be held with the Agency. In situation where based upon the
gravity of the default, it is decided by the competent authority and the Project/Region to extend the
banning to Region/wide NHPC approval of regional ED/Concerned Director as the case may be, shall be
obtained.
7.3 The functions of Investigating Committee in each Unit to be appointed by the competent authority in
line with para 3 (iii) shall, inter-alia include:
a) To study the report of the department responsible for invitation of bids and decide if a prima-
facie case for banning exists, if not, send back the case to the Competent Authority.
b) To recommend for issue of show-cause notice (after vetting by legal deptt.) to the Agency by the
concerned department as per clause 7.4 "Show Cause Notice".
c) To examine the reply to show-cause notice and call the Agency for personal hearing, if required.
d) To submit final recommendations to the Competent Authority for banning or otherwise including
the period for which the ban would be operative considering the implications for NHPC on
account of the act/omission on the part of the agency, intention of the agency as established
from the circumstances of the case etc.
7.4 Show Cause Notice
Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority , a `Show
Cause Notice' (as per format at Appendix-II of these guidelines) shall be issued to the delinquent Agency
by the Competent Authority or by a person authorized by the Competent Authority for the said purpose.
The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance.
Further, the Agency shall be given an opportunity for Oral hearing to present its case in person, if it so
desires, and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice.
The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be given an
opportunity to explain their stand before any action is taken. The grounds on which action is proposed to
be taken shall be disclosed to the Agency inviting representation and after considering that
representation, orders may be passed. Such orders require only the satisfaction of the authority that
passed the final orders.
If the Agency requests for inspection of any relevant document in possession of NHPC, necessary facility
for inspection of documents may be provided.
During the conductance of oral hearing, only the regular duly authorized employees of Agency will be
permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf.
Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing, if any, will be
processed by the Committee for obtaining final decision of the Competent Authority in the matter.
In case, no reply to Show Cause Notice is received from the Agency with in stipulated time, further
reminder shall be given with further period of 10 days thereafter if no reply is received action for
processing ex-parte against the concerned Agency shall be initiated.
7.5 Speaking Order
The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by
the Competent Authority or by a person authorized for the said purpose.
The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and
consideration of representation, if any, in reply there to, shall be communicated to the Agency concerned
along with a reasoned order. The fact that there presentation has been considered shall invariably be
mentioned in the communication. Also the fact that if no reply was received to the Show Cause Notice
shall invariably be indicated in the final communication to the Agency. The format for initiation of banning
of business dealing is placed at Appendix-III
7.6 Period of banning
In case banning is processed for violation of provisions of Integrity pact or due to corrupt or fraudulent
practices, the Competent Authority shall decide on the period of banning on case to case basis depending
on the gravity of the case and considering the implications for NHPC on account of the act/omission on
the part of the agency, intention of the Agency as established from the circumstances of the case etc. The
period of banning shall not be less than 6 months and shall not exceed 2 years and in case termination of
contract due to poor performance the period of banning shall be for 5 years. For contracts awarded to
JV/Consortium, a constituent of the JV shall be permitted to participate in the bidding process if it has not
been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture
has been banned in Past. In case if the Joint Venture which has been banned does not indicate the roles
and responsibility of individual Partner(s) then, the partner of the banned Joint Venture shall only be
allowed to participate in the bidding process if its participation share is less than 35%.
In case the information/documents submitted by Agency in competing for the tender found to be
false/forged then NHPC, without prejudice to any other rights or remedies it may possess, shall recover
from Agency the cost incurred in carrying out physical assessment for establishing veracity of such
information/documents. In case Agency refuses to reimburse such cost to NHPC then banning period of
Agency shall be extended by another one year.
7.7 Effect of Banning
As far as possible, the existing ongoing contract(s) with the Agency may continue unless the Competent
Authority, having regard to the circumstances of the case, decides otherwise, keeping in view contractual
and legal issues which may arise thereof. In case the existing Contracts are allowed to continue, the
suspension/Banning of Business Dealing along with default of the Contractor shall be recorded in the
experience certificate issued for the work.
The Agency, ( after issue of the order of banning of business dealings)would not be allowed to participate
in any future tender enquiry and if the Agency has already participated in tender process as stand-alone
OR constituent of joint venture and the price bids are not opened, his techno-commercial bid will be
rejected and price bid will be returned unopened. However, where the price bids of Agency have been
opened prior to order of banning, bids of Agency shall not be rejected and tendering process shall be
continued unless Competent Authority having regard to the circumstances of the case decides otherwise
keeping in view the Contractual, Legal issues which may arise thereafter. However, in case the
suspension /Banning is due to default of an Agency for the provisions under Integrity Pact and the
Agency happens to be Lowest Bidder (L1), the tendering process shall be annulled and fresh tenders shall
be invited.
During the Suspension/ Banning period, if it is found at any stage that Agency has participated in tender
enquiry under a different name then such Agency would immediately be debarred from the
tender/contract and its Bid Security/Performance Security would be forfeited. Payment, if any, made shall
also be recovered.
After Suspension/ Banning order, the Suspended/ Banned Agency shall not be allowed to participate as
Sub-Vendor/Sub-Contractor in the tenders.
Further, if the Suspended/ Banned agency is an approved Sub-Vendor under any Contract for such
equipment/component/service, the Main Contractor shall not be permitted to place work order/Purchase
order/Contract on the Suspended/ Banned agency as a Sub-Vendor /Sub-Contractor after the date of
Suspension/ Banning even though the name of the party has been approved as a Sub-Vendor /Sub-
Contractor earlier.
There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance
(AMC)/O&M/Repair works on Agencies pertaining to the packages for which they have been banned
provided the Equipment has been supplied by such Agency.
Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency
provided subsidiary company has not participated on the strength of the Banned agency. However, in
case of a default by a Sub-Contractor, the banning shall be applicable to the Sub-Contractor as well as the
Lead Partner of the concerned JV or the Sole bidder as the case may be.
7.8 Hosting at NHPC website
The concerned unit shall forward the name and details of the Agency (ies) banned along with period and
area reasons of banning to IT&C Division of Corporate Office for displaying the same on the NHPC website.
8.0 Appeals against the Decision of the Competent Authority.
The Agency may file an appeal against the order of the Competent Authority banning of business dealing
before Appellate Authority. Such an appeal shall be preferred within30 (Thirty) Days from the date of receipt
of the order of banning of business dealing .Appellate Authority would consider the appeal if convinced may
constitute another committee for further investigation. Based on the recommendation of the committee
Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the
Competent Authority (as per format enclosed as Appendix-IV with these guidelines).
9.0 Circulation of the names of Agencies with whom Business Dealings have been banned
The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and
all the units of NHPC.
The provisions of this policy supersede and will have overriding effect on all earlier guidelines, procedures &
system issued for the similar purpose.
Appendix I
(Format for Intimation of Suspension of business dealing)
BY REGD. POST/SPEED POST/COURIER
No.......... Date.........
To
M/s ...........................
Attn.: Shri ....................
Sub: Intimation of Suspension of Business Dealings
Dear Sir,
Whereas the work of ............. was awarded to your firm vide letter of award no ...dt.....
amounting to Rs. ............. OR In response to NHPC NIT (e-tender / physical tender) no
.........dt. You have submitted your bid. (Strike out whichever is not applicable)
Whereas the conduct of your firm in respect of the following is under investigation:
Brief of the default
"Whereas the Competent Authority prima facie considered the allegations (under investigation) are
of a serious nature and decided pending investigation, it is not in the interest of the corporation to
continue business dealing with your firm
This order shall have the following effects:
i) Further business dealings with your firm is Suspended within Region/ Project/
Unit/wide NHPC. The order of Suspension is effective with immediate effect and
would operate for a period of six months or till the investigation is completed and
whole process of final order is over within such period. However, if investigations are
not completed in six months' time, the Competent Authority may extend the period of
Suspension
ii) During the period of Suspension, no business dealing shall be held with your firm. No
enquiry / bid / tender shall be issued to your firm nor will the bids submitted by your
firm be entertained.
iii) In cases where tenders have already been issued to you and price bids are yet to be
opened, the Price Bid submitted by you shall not be opened and BG/EMD, if any,
submitted by you shall be returned.
iv) In cases where tenders have already been issued to you and Price Bids have already
been opened , the tendering process shall be continued
v) In case of ongoing contracts between you & NHPC, (including cases were contract has
already been awarded before the issue of Suspension order) you will be required to
continue with the execution and perform as per terms of the contract.
a) In case the Firm is in Joint Venture the following would also be applicable:
i) Participation of Agency in Joint Venture
Tenders in which your firm has been proposed as Joint Venture Partner by any of
the bidders and price bids have been opened prior to Suspension of your firm in
such cases the tendering process shall not be annulled on this ground and the
Agency shall be permitted to continue as Partner in the Joint Venture for such
bidding. However where event of Price Bid opening has not taken place prior to
Suspension/Banning of Agency then in such case Agency shall not be permitted to
participate as Partner in the Joint Venture.
ii) Banning of joint Venture:
As the Joint Venture is Banned, your firm intends to bid as Partner(s) of Joint
Venture in bidding process then it shall be permitted to participate in the bidding
process if it has not been Banned on grounds of its role and responsibility in the
tendering process for which the Joint Venture has been Banned in Past. In case if
the Joint Venture which has been Banned does not indicate the roles and
responsibility of individual Partner(s) then, the partner of the Banned Joint Venture
shall only be allowed to participate in the bidding process if its participation share
is less than 35%.
b) Your firm shall not be allowed to participate as Sub-Vendor/Sub-Contractor in the
tenders.
Further if your firm is an approved Sub-vendor under any Contract for such
equipment/component/service, the Main Contractor shall not be permitted to place work
order/Purchase order/Contract on your agency as a Sub-Vendor/Sub-Contractor after the
date of Suspension/ Banning even though the name of the party has been approved as a
Sub-Vendor/Sub-Contractor earlier.
c) There would be no bar on procuring the spares and awarding Contracts towards Annual
Maintenance (AMC)/ O&M/ Repair works on Agencies pertaining to the packages for
which they have been Banned provided the Equipment has been supplied by such
Agency.
d) Banning of business dealing shall not be applicable to the Subsidiary company of the
Banned agency provided subsidiary company has not participated on the strength of the
Banned agency.
On expiry of the above period of Suspension/Banning, you may approach...... (Indicate the
concerned procurement department), with request for revocation of the order mentioning
inter-alia the steps taken by you to avoid recurrence of misconduct which has led to
Suspension.
Yours faithfully,
For & On behalf of NHPC.
Note: Strike out whichever is not applicable
Appendix II
(Format of Show Cause Notice)
BY REGD. POST/SPEED POST/COURIER
No............. Date.............
To
M/s .................................
............................................
Attn.: Shri ....................
Sub: Show Cause Notice
Ref :
Dear Sir,
You are hereby required to Show Cause in writing within 15 days from the date hereof why
Business Dealing with your firm should not be banned / your firm is placed in the Banning
List (as the case may be) and be debarred from entering into any contracts with NHPC for
the following reasons:
(Give Reasons)
Your reply (if any) should be supported by documents and documentary evidence which
you wish to rely in support of your reply. Should you fail to reply to this Show Cause Notice
within the time and manner aforesaid, it will be presumed that you have nothing to say and
we shall proceed accordingly.
Your reply, if any, and the documents / documentary evidence given in support shall be
taken into consideration prior to arriving at a decision.
Yours faithfully,
For & On behalf of NHPC.
Appendix III
(Format for Intimation of Banning of Business Dealing)
BY REGD. POST/SPEED POST/COURIER
No.......... Date.........
To
M/s ...........................
Attn.: Shri ....................
Sub: Intimation of Suspension of Business Dealings
Dear Sir,
Whereas the work of ............. was awarded to your firm vide letter of award no ...dtd.....
amounting to Rs. ............. OR In response to NHPC NIT (e-tender / physical tender) no
.........dt.........You have submitted your bid. (strike whichever is not applicable)
Whereas the Competent Authority had prima facie considered the allegations as detailed
below are of a serious nature and decided to conduct investigation.
Whereas show cause notice vide no ... dtd.....was served upon you. (whereas in spite of the
opportunity given to you, you failed to submit the reply to the show cause notice within the
time period mentioned there upon or further extended period, if any). Whereas you submitted
the reply along with documents vide your letter no. ______dt. __________. After
considering the allegations made in the show cause notice, your reply to the show cause
notice documents/documentary evidence in support thereof, it has been decided to Ban the
Business Dealing with you and you are hereby debarred from entering into contracts with
NHPC within jurisdiction of Region/Project/Unit.
This order shall have the following effects:
i) Further business dealings with your firm is banned with immediate effect. The order of
Banning would operate for a period of .......years/month Competent Authority may
extend the period of Banning.
ii) During the period of Banning, no Business Dealing shall be held with your firm. No
Enquiry / Bid / Tender shall be issued to your firm nor will the bids submitted by your
firm be entertained.
iii) In cases where tenders have already been issued to you and Price Bids are yet to be
opened, the Price Bid submitted by you shall not be opened and BG/EMD, if any,
submitted by you shall be returned.
iv) In cases where tenders have already been issued to you and price bids have already been
opened, the Tendering Process shall be continued.
a) In case of ongoing contracts between you & NHPC, (including cases where contract
has already been awarded before the issue of Banning order) you will be required to
continue with the execution and perform as per terms of the contract.
b) In case the Firm is in Joint Venture the following would also be applicable:
i) Participation of Agency in Joint Venture
Tenders in which your firm has been proposed as Joint Venture Partner by any of the
bidders and price bids have been opened prior to Banning of your firm in such cases the
tendering process shall not be annulled on this ground and the Agency shall be permitted
to continue as Partner in the Joint Venture for such bidding. However where event of
price bid opening has not taken place prior to Banning of Agency then in such case
Agency shall not be permitted to participate as Partner in the Joint Venture.
ii) Banning of joint Venture:
As the Joint Venture is banned, your firm intends to bid as Partner(s) of Joint
Venture in bidding process then it shall be permitted to participate in the bidding
process if it has not been banned on grounds of its role and responsibility in the
tendering process for which the Joint Venture has been banned in Past. In case if
the Joint Venture which has been banned does not indicate the roles and
responsibility of individual Partner(s) then, the partner of the banned Joint Venture
shall only be allowed to participate in the bidding process if its participation share
is less than 35%.
c) Your firm shall not be allowed to participate as Sub-Vendor/Sub-Contractor in the
tenders.
Further if your firm is an approved Sub-vendor under any Contract for such
equipment/component/service, the Main Contractor shall not be permitted to place
work Order/Purchase Order/Contract on your agency as a Sub-Vendor/Sub-
Contractor after the date of Banning even though the name of the party has been
approved as a Sub-Vendor/Sub-Contractor earlier.
d) There would be no bar on procuring the spares and awarding Contracts towards
Annual Maintenance (AMC)/O&M/Repair works on Agencies pertaining to the
packages for which they have been banned provided the Equipment has been
supplied by such Agency.
e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the
Banned Agency provided subsidiary company has not participated on the strength of
the Banned Agency. However, in case of a default by a Sub-Contractor, the banning
shall be applicable to the Sub-Contractor as well as the Lead Partner of the
concerned JV or the Sole bidder as the case may be.
On expiry of the above period of Banning, you may approach......(Indicate the
concerned procurement department), with request for revocation of the order mentioning
inter-alia the steps taken by you to avoid recurrence of misconduct which has led to
Banning.
Further if you desire to appeal against this order you may do so within 30 days from the
date of issue of this order to the appellate authority as here under:
Appellate Authority : ......
Designation:
Address:.....
Ph .no.
e-mail :
Yours faithfully,
For & On behalf of NHPC.
Note: Strikeout whichever is not applicable
Appendix IV
(Format for communication of Appellate Decision on Suspension/Banning
Order)
BY REGD. POST/SPEED POST/COURIER
No..........
Date.........
To
M/s ...........................
Attn.: Shri ....................
Sub: Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority
Ref: 1. Order dated .............. Placing M/s ......... on Suspension/Banning List by NHPC;
2. Your Appeal reference .......... Dt.......
Dear Sir,
This has reference to the order dt......... placing you on Suspension/Banning List and your
appeal petition reference ..... dt.... on the same.
After considering the findings of the Original Authority in order and submissions made by you
in your appeal , and the documents/documentary evidences available on record, it has been
decided finally that :
There is no infirmity in the order of the Original Authority, and the allegations stand
substantiated and the Suspension/Banning for the period of ...... years/month from the
date of order, as ordered by the original Authority is upheld,
Considering your submissions, the order of Suspension/Banning passed by the original
authority is upheld , but with a reduction in period of Suspension/Banning for .........
years/months from the date of order of original authority;
Considering your submissions and the evidence available on record, there is enough
justification to annul the order of the original authority.
(*** Incorporate any one of the above as applicable)
Yours faithfully,
For & On behalf of NHPC.
ANNEXURE-III
(To be filled and uploaded online)
(Format for declaration by the Bidder)
Self-Declaration by the Bidder
I/We, M/s _____________________________ (Name of Bidder) hereby certify that I/We have not
been banned / de-listed / black listed / debarred from business on the grounds mentioned in para 6 of
Guidelines on Banning of Business dealings (Annex-A).
I/We, M/s _____________________________ (Name of Bidder) hereby further certify that I/We have
not been declared ineligible under para 6 of Guidelines on Banning of Business Dealings.
(Seal & Signature of Bidder)
Note: This `Declaration' should be on the letter head of Bidder.
ANNEXURE-IV
(to be filled and uploaded online)
PAST EXPERIENCE
Details of No. and Value of Contractual Actual date If order is Reasons Name and
similar date of Contract date of of completion under for delay, complete
works order completion (Month & execution, if any address of
carried out (Month & Year) percentage the
Year) of supplies customer
completed
till date
Station :
Date: For & on behalf of
Signature
N ame
Designation
(of the authorized representative of the
bidder)
Official Seal of the Company:
ANNEXURE-V
(to be filled and uploaded online)
BID PROFORMA
Sl. No. Description of information Replies by the bidder
1. Name of the Firm/Company :
2. Complete address of Regd./Head Office
i) Postal :
ii)Telephone/Fax :
iii)E-mail :
3. Former name of the Firm/Company(if any) :
4. Type of the Firm/Company
(Proprietary/ Partnership/ :
Private Ltd. Co./ Public Ltd. Co.)
5. Whether MSE or Start-up MSE Start-Up
(tick in the appropriate box) :
6. Year and place established :
7. Are you registered with any :
Government/ Public Sector
Undertaking (if yes, give
Details) for work of similar nature c overed
under the specifications
8. Have your Company ever been declared:
Bankrupt
(if yes, give details)?
9. Validity period of tender, reckoned : 120 days
from the last date of online bid submission
10. Whether furnished & filled all :
Schedules / Annexure appended
to the tender documents.
11. Goods & Services Tax Identification No. (GSTIN)
:
12. EPF No. :
13. PAN :
14. Rate of Taxes & Duties : (Mention here only % rates as
applicable)
1. GST : ........%
2. Any other taxes & duties etc. : ........%
Station :
Date: For & on behalf of _
Signature : _
Name : _
Designation: _
(of the authorized representative of the
bidder)
Official Seal of the Company:
ANNEXURE-VI
(to be filled and uploaded online)
ECS - Form
NHPC Limited
ELECTRONIC CLEARING SERVICE (CREDIT CLEARING)
(PAYMENT TO PARTIES THROUGH CREDIT CLEARING MECHANISM)
1. BIDDER'S NAME : _
a) ADDRESS : _
_
_
b) Phone/ Mobile No.
: __________________
2. PARTICULARS OF BANK ACCOUNT: :
a) BANK NAME :
b) BRANCH NAME : _
c) ADDRESS :
Telephone No. : _________
d) IFSC CODE OF THE BANK :
(For payment through RTGS)
e) ACCOUNT TYPE :
(S.B. Account/ Current Account or/
Cash Credit with code 10/11/13)
f) ACCOUNT NUMBER :
(As appearing on the Cheque Book)
I hereby declare that the particulars given above are correct and complete. If the
transaction is delayed or not effected at all for reasons of incomplete or incorrect Information, I
would not hold the user Company responsible.
(------------------------------)
Date : Signature of the Bidder
Certified that the particulars furnished above are correct as per our records.
(Bank's Stamp)
(------------------------------)
Date: Signature of the Authorized
Official from the Bank
ANNEXURE-VII
(to be filled and uploaded online)
Format for obtaining declaration regarding applicability of Micro, Small & Medium Enterprise
under MSMED Act, 2006
DECLARATION / UNDERTAKING
A) I/We confirm that the provisions of Micro, Small & Medium Enterprise are applicable/not
applicable to us and our organization falls under the definition of:
(i) [ ]- Micro Enterprise
(ii) [ ]- Small Enterprise
(iii) [ ]- Medium Enterprise
Please tick in the appropriate option box [ ] and attach documents/certificate, if any.
B) I/We also confirm that We are MSEs owned by SC/ST/Women Entrepreneurs (Strike out if
not applicable)
C) I/We also undertake to inform the change in this status as aforesaid during the currency of the
contract, if any.
(Authorized Representative of Firm)
----------------------------
Annexure-VIII
(to be filled and uploaded online)
DECLARATION REGARDING APPLICABILITY OF START-UPs UNDER START-UP INDIA
INTIATIVE
DECLARATION / UNDERTAKING
A) I/We confirm that the provisions of Startup India Initiatives are:
[ ] Applicable to us and our organization falls under the definition of Startups.
[ ] Not applicable to us and our organization does not fall under the definition of
Startups.
Please (tick) the appropriate box [ ] and attach documents / certificates, if any.
B) I/We also undertake to inform the change in this status as aforesaid during the currency of the
contract, if any.
(Authorized Representative
of Firm)
ANNEXURE-IX
(to be filled and uploaded online)
DECLARATIONS
(to be submitted by bidder)
S. No. Declaration Type Declaration Acceptance/
Rejection
1. No Deviation This is to certify that our offer is exactly in
Declaration line with your tender enquiry. This is to
expressly certify that our offer contains no
deviation either Technical or Commercial in
either direct or indirect form.
2. Undertaking We hereby undertake that we have studied
and understood all the terms and conditions
as mentioned in tender document (including
ITB, Conditions of Contract, Scope of work
and Technical Specifications of work) and
we agree to abide by the same
unconditionally.
3. Correctness of bid We hereby declare that information furnished
with Bid is correct in all respect.
Signature & Seal of Bidder
************
ANNEXURE-X
Undertaking by Bidder towards Anti-profiteering Clause of GST Act/Rules
(To be submitted on letter head)
To,
DGM (P&C)
NHPC Limited
Subansiri Lower HE Project
Subject: Tender No. NH/SLP/CONT/2019/C-68/NIT/651
Dear Sir,
We, M/s .............(Name of Bidder) have submitted bid dt.............. for the aforesaid tender.
Section 171 of CGST Act./SGST Act. Stipulates that it is mandatory to pass on the benefit of
reduction in rate of tax on supply of Goods or Services or availability of Input Tax Credit, by
way of commensurate reduction in prices.
Accordingly, it is certified that we have duly considered the impact of Input Tax Credit
available on supplies in the GST regime, in our quoted prices. Further, any additional benefit of
ITC if available to bidder shall be passed on to the Employer.
Further, we hereby confirm that our quoted prices are duly considering maximum possible
benefit available and are in compliance with the aforesaid Section 171 of CGST Act/IGST Act.
Further, if any refund on account of GST is received from the Government in future by the
Contractor/Supplier under any GST Refund/Exemption or Subsidy Scheme, the same shall also
be passed on to the Employer.
In case this declaration is found faulty in any manner, we shall be fully responsible for the
consequential effect including making good of any losses of interest etc. to NHPC Ltd.
Place: (Signature of Authorised Signatory of
Bidder)
Date: Name :
Designation:
Seal:
SECTION II
CONDITIONS OF CONTRACT
SECTION II: - CONDITIONS OF CONTRACT
1.0 NAME OF WORK: Consultancy service for updation of IMS Documents of ISO 18001:2007 and
internal auditors training Programe and IMS certification for Subansiri Lower HE Project.
2.0 PRICES AND TAXES & DUTIES:
2.1 Prices shall be Firm and inclusive of all cost of labour, insurance, EPF charges, spares and T&P
emergency stock, all Consumables & materials and all applicable taxes & duties including those assessed on the
Employer. The Contract unit rates shall also be after taking into account the Input Tax Credit (ITC) and other benefits.
2.2 Taxes, duties and levies, as applicable twenty eight (28) days prior to deadline for submission of bids,
shall be mentioned in Price Bid i.e. Schedule of Quantities & Prices (Section-IV).
2.3 All taxes & duties mentioned in the Price Bid as per clause 2.2 above shall be paid / reimbursed against
proper invoice as per rules and other relevant documents, if any and restricted to the total amount of Taxes
& Duties mentioned in Price Bid subject to clause 2.4 below. No other taxes and duties shall be payable
/ reimbursable by NHPC.TDS wherever statutorily required under any Tax Act/ Rule shall be deducted and
deposited and necessary certificate will be provided by the Employer.
2.4 Statutory variation, in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline
for submission of bid will be adjusted/reimbursed against production of documentary evidence.
2.5 The rates of minimum wages for different categories of workers shall be as notified by the Central
Government as applicable twenty eight (28) days prior to deadline for submission of bids. If there is any
revision of minimum wages by the Government during the currency of the Contract, the Contractor is
entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the
manpower deployment from the effective date of revision against specific request from the Contractor with
documentary evidence. [....delete the clause if not applicable...]
2.6 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act,
Payment of Wages Act, Payment of Bonus Act, Payment of Gratuity Act, Employee's Compensation Act,
Contract Labour (R&A) Act, Minimum wages Act, and any other relevant Acts applicable to the
establishment. The rates mentioned in Schedule of Quantity & Prices shall be inclusive of all such
statutory obligations as applicable.
2.7 Save and except as expressly provided elsewhere in this Contract all costs, expenses, charges and
liabilities for the completion of the Services in accordance with the Contract and/or for the due and
faithful performance and/or the fulfillment of all of the Contractor's obligations under the Contract including
furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be
borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of
Quantities & Prices and the Employer shall not be liable in any manner whatsoever therefore.
2.8 Invoices and other documents submitted by contractor for payment under Interim Payment Certificate/Final
Payment certificate, or any other payment under the contract shall be in accordance with the GST Law.
The Contractor shall furnish a certificate along with Interim Payment Certificate/ Final payment certificate that
GST payable by him has been deposited/ will be deposited to the Govt. Treasury.
3.0 CONTRACT PERIOD:
The Contract shall be valid for a period of Three (03) year from the date of commencement of the work. The
Contractor shall take over and commence the work within 10 days from the date of issue of Letter of Award
and signing of Contract Agreement. If the Contractor commits default in the commencement of work within
10 days of issue of LOA, the Engineer-in-Charge shall without prejudice to any other right or remedy be at
liberty to cancel the Contract and forfeit the Earnest Money / Performance Security.
4.0 COMPENSATION:
4.1 The Contractor shall ensure timely attending of complaints, rectification of faults within reasonable time
period or the period specified by the Engineer-in-charge, in case of emergency. Any delay on account of
Contractor/ service personnel, negligence will result as imposing of compensation @ .../- per day [...
indicate suitable rate...] and the same shall be recoverable from the bill.
4.2 The Contractor shall provide the minimum staff for the work otherwise recovery shall be made from the
Monthly bills at the rate as follows:- (For Security personal, without arms Rs. 00. 00 per day per head or as
revised or Security personal , with arms Rs. 00.00 per day per head or as revised)
i. For Unskilled = Rs. 00.p er day per head or as revised.
ii. For Semi Skilled = Rs. 00. 00 per day per head or as revised.
iii. For Skilled = Rs.00.00 per day per head or as revised.
iv. For Highly skilled = Rs. .00 per day per head or as revised.
5.0 PERFORMANCE SECURITY / SECURITY DEPOSIT:
Within 28 days of receipt of Order, the Contractor shall furnish to the Engineer-in-Charge a performance
security in the form of Demand Draft/ Bank Guarantee from an Indian Nationalized Bank or any
Scheduled Bank in India as per the format appended as Annexure-A herewith for an amount equal to (10)
ten percent of the originally awarded contract price by way of guarantee valid till one month beyond the
Contract period as mentioned in the Order for the due and faithful performance of the contract along with
the other terms and conditions agreed to. The Contractor shall, at his own cost get the validity period of
bank guarantee furnished by him extended from time to time till one month beyond the completion of work
as per the provisions of the contract. He shall furnish the extended/revised Bank Guarantee to the
Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension
thereof. In case the extended/revised Bank Guarantee is not received by the Engineer-in-charge within
the specified period of one month, the Employer entirely at his discretion shall be at liberty to encash the
aforesaid bank guarantee.
Alternatively, in case of non submission of BG towards Performance Security, Security Deposit shall be
deducted from initial payments due to the Contractor till total amount of security deposit becomes 10% of the
Contract Value.
The Performance Security / Security deposit shall be released after successful completion of the entire
Contract Period, including extension, if any. The Performance Security / Security deposit amount will
not earn any interest for the whatsoever period detained by NHPC.
Bidders shall communicate the following bank details of NHPC Ltd. to the issuing Bank for online confirmation
of Bank Guarantee to be submitted in terms of this Clause:
a) Name of the beneficiary: NHPC Ltd.
b) Account No:30408837726
c) IFSC Code:SBIN0004318
d) Address of the Bank: State Bank Of India, NHPC
6.0 WARRANTEE:
During the period of the contract, if the Contractor fails to rectify any defect pointed out to him the same
shall be got done by NHPC at the risk and cost of Contractor and recovered from the Security Deposit or
any other amount payable to the Contractor. For non-performance of certain items or unsatisfactory
performance, penalty shall be levied on pro-rata basis as decided by Engineer In- charge. The penalty
leviable from the Contractor for such non performance shall not be higher than the amount equivalent to
which would have become payable to the Contractor by NHPC had the work been executed by the
Contractor as per schedule.
In case of any damage or loss on account of acts of commission or omissions of the Contractor, the same
shall be compensated by the Contractor or else shall be recovered from available payment or any monies
payable to the Contractor.
7.0 TERMINATION:
If the work is found to be unsatisfactory during the execution of the contract or the Contractor
commits default in any of the terms and conditions of the contract, NHPC reserves the rights to
terminate the contract and can get the work done by another agency at the risk and cost of the
Contractor.
8.0 INSPECTION:
All works under or in course of execution or executed in pursuance of the Contractor shall at all times be
open to the inspection and supervision of the Engineer in Charge or his authorized representatives.
9.0 ENGINEER-IN-CHARGE AND HIS DECISION:
Management appointee (MA) of IMS or authorized representative of Subansiri Lower HE Project
(2000MW) shall be the Engineer-In-Charge of the aforesaid contract. All notices, instructions, orders,
certificates, approvals and all other communications under the Contract shall be given by the Engineer-in-
Charge, except as herein otherwise provided. All notices, instructions, information and other
communications given by the Contractor to the Employer under the Contract shall be given to the Engineer-
in-Charge, except as herein otherwise provided.
In respect of all matters, which are left to the decision of Engineer-In-Charge including granting or
withholding of certificates, the Engineer-In-Charge shall, if required, give in writing a decision thereon and
his reasons for such decision. Such decision shall be final and binding on the Contractor.
10.0 QUANTITY VARIATION:
During the execution of the contract, the Employer reserves the right to increase or decrease the original
quantities of item without any change in unit price or other terms & conditions. In case items for which rates
are not available in the Schedule of Quantities & Prices, the rates of such items shall be paid at the
analyzed rate based on actual input to be provided by the Contractor.
11.0 PAYING AUTHORITY:
General Manager (Finance), Subansiri Lower H.E. Project, Gerukamukh, Distt. Dhemaji, (Assam).
12.0 CONTRACTOR'S RESPONSIBILITY:
12.1 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed by the
Centre Government in terms of Minimum wages act and other statutory requirements. The Contractor
including its Sub-contractor shall ensure that the payment is being made to contract workers through bank. The
Contractor including its Sub-contractor should produce the documentary proof of depositing the ESI & EPF to the
concerned departments along with monthly bills.
12.2 The Contractor shall be liable to make payment to all his employees and shall comply with labour laws. If
NHPC were held liable as Principal Employer to pay contribution, in respect of the employees of the
Contractor, then the latter would compensate NHPC with amounts of such contributions so paid by the
NHPC. Further, if the payment to their workers is not made by the Contractor, the same shall be paid by
NHPC by deducting the amount from the running bills/ any monies payable to the Contractor with overhead
charges of 15%.
12.3 The Contractor shall maintain all the documents necessary such as Age, Sex, Educational qualifications,
Addresses of the Labourers, payment vouchers, Attendance Register, Leave, and Weekly off particulars etc.
to satisfy the provisions of the Labour Act. Further, the Contractor shall maintain all relevant registers and
records as per Contract Labour (R&A) Act, 1970 with up to date amendments.
12.4 The Contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job
in NHPC in future.
12.5 The Contractor shall submit and maintain proof for remittance of PF account & other statutory payments
made towards the labours engaged for the work.
12.6 All the workers engaged by the Contractor are subjected to Security check while entering and leaving the
premises.
12.7 The Contractor will be responsible for the good conduct of his employees. In case of any misconduct or
misbehavior of his employees' suitable action shall be taken as per the directions of Engineer In-charge.
12.8 The Contractor or his authorized supervisor/ engineer will come regularly to site to ensure that the work is
being performed following all Rules, Regulations and Acts as specified in clause 3.0 above. Besides above,
necessary coordination, taking instruction from Dept. and supervision of the work shall also be the
responsibility of the Contractor.
12.9 The Contractor shall maintain spares and T&P emergency stock in NHPC premises for which space on
demand may be provided.
12.10 The Contractor should ensure that labour should wear uniforms, badges, shoes and safety and security
items during their duty hours. Also the Contractor service personnel must have valid company identity cards
for identification purpose.
12.11 The Contractor shall also provide the mobile no. / telephone no. to contact the service personnel.
12.12 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in
Charge.
12.13 The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour with
appropriate qualifications and experience from the region of the project. Unskilled labour shall be recruited
from local region only.
12.14 The Contractor shall at his own expense comply with or cause to be complied with the Provisions/Rules
provided for welfare and health of Contract Labour in the Contract Labour (Regulation & Abolition) Act and
other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this
regard for the protection of health and for making sanitary arrangements for workers employed directly or
indirectly on the works. In case, the Contractor fails to make arrangements as aforesaid, the Engineer-in-
Charge shall be entitled to do so and recover the cost thereof from the Contractor.
12.15 In the event of any injury, disability or death of any employees in or about the work employed by the
Contractor, the Contractor shall at all times indemnify and save harmless the Employer against all claims,
damages and compensation under the Employee's Compensation Act, 1923 as amended from time to time
or in other law for the time being in force and rules there under from time to time and also against all costs,
charges and expenses of any smooth action by proceedings arising out of such accidents or injury, disability
or death of a employee and against all sum or sums which may with the consent of the Contractor be paid to
compromise or compound any claim in this regard. If any award, decree or order is passed against the
Contractor for recovery of any compensation under the Employee's Compensation Act, 1923, for any injury,
disability or death of a employee by any competent court, the said sum or sums shall be deducted by the
Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security
Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards
fulfillment of the said decree, award or orders.
12.16 The Contractor shall furnish to the Engineer-In-charge, a copy of the License obtained under Contract
Labour (Regulation & Abolition) Act, 1970 for employing contract labour in NHPC. To obtain License, NHPC
shall issue a certificate in Form V.
12.17 COMPLIANCE WITH REGULATIONS/ OBSERVANCE OF LABOUR LAWS AND CONTRACTOR'S
LIABILITIES:
12.17.1 During continuance of the Contract, the Contractor and his Sub-contractor(s) shall abide at all times by all existing
labour enactments and rules made thereunder, regulations, notifications and bye laws of State or Central
Government or local authority and any other labour law (including rules), regulations, bye laws that may be
passed or notification that may be issued under any labour law in future either by the State or the Central
Government or the local authority. The Contractor shall also comply with the laws relating to their employment,
health, safety, welfare, immigration, and shall allow them all their legal rights. The Contractor shall keep the
Principal Employer indemnified in case any action is taken against the Principal Employer by the competent
authority on account of contravention by the Contractor of any of the provisions of any Act or rules made
thereunder, regulations or notifications including amendments. If the Principal Employer is caused to pay or
reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications / bye laws / acts / rules / regulations including amendments, if any, on the part of the
Contractor, the Principal Employer shall also have right to recover from the Contractor any sum required or
estimated to be required for making good the loss or damage suffered by the Principal Employer.
The employees of the Contractor and his sub-Contractor in no case shall be treated as the employees of the
Principal Employer at any point of time.
Salient features of some of the major labour laws that are applicable to construction industry including
amendments (if any) are given below.
(i) Employee Compensation Act 1923 as amended
The Act provides for compensation in case of injury or death by accident arising out of and during the course of
employment.
(ii) Payment of Gratuity Act 1972
Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an
employee has completed 5 years service or more or on death or on retirement or superannuation at the rate of 15
days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more
employees.
(iii) Employees PF and Miscellaneous Provision Act 1952 including FPS-71/EPS-95.
The Contractor is required to possess PF Code from the concerned Regional Provident Fund Commission. The
benefits payable under the Act are:
(a) Pension or family pension on retirement or death as the case may be.
(b) Deposit linked insurance on the death in harness of the worker.
(c) Payment of PF accumulation on retirement/death etc.
(iv) Maternity Benefit Act 1961 (Amended)
The Act provides for leave and some other benefits to women employees.
(v) Contract Labour (Regulation and Abolition) Act 1970 with Rules framed there under as amended.
The Act provides for certain welfare measures and wages to be provided by the Contractor to contract labour and
in case the Contractor fails to provide, the same are required to be provided by the Principal Employer (the
Employer) and recover the same from the Contractor from any amount/monies due to him. The principal Employer
(the Employer) is required to take Certificate of Registration and the Contractor is required to take a License from
the designated Officer. The Act is applicable to the establishments of Contractor or Principal Employer (the
Employer) if they employ 20 or more contract labour.
(vi) Minimum Wages Act 1948 (Amended)
The Contractor is to pay not less than the Rate of Minimum Wages notified by the appropriate Government as per
provisions of the Act.
(vii) Payment of Wages Act 1936 (Amended)
It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be made
from the wages of the workers.
(viii) Equal Remuneration Act 1979
The Act provides for payment of equal wages for work of equal nature to Male and Female workers and not
making discrimination against Female employees in the matters of transfers, training and promotions etc.
(ix) Payment of Bonus Act 1965 and any further amendments thereof.
The Act is applicable to all establishments employing 20 or more workmen. The Act provides for payments of
annual bonus subject to a minimum of 8.33 % of wages and maximum of 20 % of wages to employees drawing `
21,000/- P.M. or less. The bonus to be paid to employees getting ` 7,000/- P.M. or the minimum wages for the
scheduled employments as fixed by the appropriate Govt. whichever is higher. All amounts of Bonus are required
to be paid within eight months of closing of financial year. The Act does not apply to certain establishments,
classes of employees. The newly set up establishments are exempted for five years in certain circumstances.
(x) Industrial Disputes Act 1947(Amended)
The Act lays down the machinery and procedure for resolution of industrial disputes, in what situations a strike or
lock-out becomes illegal and what are the requirements for laying off or retrenching the employees or closing
down the establishment.
(xi) Industrial Employment (Standing Orders) Act 1946 (Amended)
It is applicable to all establishments employing 100 or more workmen (employment size reduced by some of the
States and Central Government to 50). The Act provides for laying down rules governing the conditions of
employment by the Employer on matters provided in the Act and get the same certified by the designated
Authority.
(xii) Trade Unions Act 1926
The Act lays down the procedure for registration of trade unions of workmen and Employers. The trade unions
registered under the Act have been given certain immunities from civil and criminal liabilities.
(xiii) Child Labour (Prohibition and Regulation) Act 1986
The Act prohibits employment of children below 14 years of age in certain occupations and processes and
provides for regulation of employment of children in all other occupations and processes. Employment of child
labour is prohibited in Building and Construction Industry.
(xiv) Inter-State Migrant Workmen's (Regulation of Employment and Conditions of Service) Act 1979
The Act is applicable to an establishment which employs 5 or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in the establishment situated in another
state). The interstate migrant workmen, in an establishment to which this Act becomes applicable, are required to
be provided certain facilities such as housing, medical aid, traveling expenses from home upto the establishment
and back, etc.
(xv) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act
1996 and the Cess Act of 1996
All the establishments who carry on any building or other construction work and employ 10 or more workers are
covered under this Act. All such establishments are required to pay cess @ 1% of the cost of construction as may
be notified by the Government. The Employer (the Contractor) to whom the Act applies has to obtain a registration
certificate from the Registering Officer appointed by the Government.
(xvi) The Factories Act 1948
The Act lays down the procedure for approval of plans before setting up a factory, health and safety provisions,
welfare provisions, working hours, annual earned leave and rendering information regarding accidents or
dangerous occurrences to designated authorities. It is applicable to premises employing 10 persons or more with
aid of power or 20 or more persons without the aid of power engaged in manufacturing process.
(xvii) The Personal Injuries (Compensation Insurance) Act, 1963 and any modifications thereof and rules made
there under from time to time.
(xviii) Employees' State Insurance Act, 1948:
The Act provides for certain benefits to employees in case of sickness, Maternity and Employment injury and for
certain other matter in relation thereto.
The compliance of the labour laws / acts shall be along with amendments (if any) of the respective acts.
The Contractor shall require his employees to obey all applicable Laws, including those concerning safety at work.
The definition of "Principal Employer" for this clause shall be as per Contract Labour (Regulation and Abolition)
Act 1970.
12.17.2 The Contractor shall be responsible to secure compliance with all central & state Government laws as well
as rules, regulations, bye laws and others of the local authorities and statutory bodies as may be in force
from time to time as applicable. The Contractor shall also be responsible for giving the required notice to
any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him
under the contract. The Contractor at all times shall indemnify the Employer against all claims, damages
or compensation, any action is taken against the Employer by the competent authority on account of
contravention by the Contractor of any of the provisions of any Act or rules made thereunder, regulations
or notifications including amendments. If the Employer is caused to pay or reimburse, such amounts as
may be necessary to cause or observe, or for non-observance of the provisions stipulated in the
notifications/bye laws/acts/rules/regulations including amendments, if any, on the part of the Contractor,
the Engineer/Employer shall also have right to recover from the Contractor any sum required or estimated
to be required for making good the loss or damage suffered by the Employer.
12.18 The Contractor shall provide and maintain upon the works sufficient, proper and efficient life-saving
appliances and first-aid equipment in accordance with the requirement of ILO Convention No. 62. The
appliances and equipment shall be available for use at all time.
12.19 Social Accountability 8000 Compliance:
The Contractor shall comply with all the requirements of SA 8000:2001 and maintain appropriate records in
support thereof, and produce for inspection by NHPC representatives as and when called for.
12.20 The Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and quality to
ensure workmanship of the degree specified in the Contract. The Contractor shall not employ in connection with
the works any person who has not completed fourteen years of age in terms of Child Labour (Prohibition and
Regulation) Act 1986. The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and
labour with appropriate qualifications and experience from the region of the project. Unskilled labour shall be
recruited from local region only.
12.21 The Contractor including its Sub-contractor shall have the registration with EPFO and ESIC. Further all the
workers deployed by Contractors or Sub-contractors shall be members of Provident Fund and should be given the
Universal Account Number (UAN). The EPF and ESI Contribution on the part of Employer in respect of this
contract shall be paid by the Contractor. These contributions on the part of Employer paid by the Contractor shall
be reimbursed by the Engineer-in-Charge to the Contractor on actual basis on production of documentary
evidence.
The reimbursements are subject to Production of Contract Wise copy of separate Challan Cum Return (ECR) for
monthly payment of EPF by the Contractor. However, during currency of the Contract the Contractor shall also
comply and furnish the document in respect of statutory returns of EPF like F-6A and F-3A in respect of
Contractor's Employees engaged in the Contract.
The Contractor including its Sub-contractor shall ensure that the payment is being made to contract workers
through bank. The Contractor including its Sub-contractor should produce the documentary proof of depositing the
ESI & EPF to the concerned departments along with monthly bills.
In addition to above, the Contractor including its Sub-contractor shall also submit the Bank account nos. of the
contract workers in which the salary is deposited by the Contractor including its Sub-contractor. The Contractor
including its Sub-contractor as proof shall submit along with other documents pursuant to Clause 25, the account
statement in respect of salary paid to the contract workers for the month prior to the month in which the Contractor
submits Running account bill.
The Engineer-in-Charge or his authorized representative shall have right to withhold the payment of monthly bill in
case the Contractor fails to produce the proof of payment made by him or his Sub-contractor to the contract
workers deployed by him or his Sub-contractor and the statutory compliance. The Contractor shall in no case
withhold the payments due to their employees for any reasons whatsoever including that on account of non-
clearance of its bill by the Engineer-in-Charge or his authorized representative.
13.0 SAFETY:
The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and
therefore Contractor shall have to ensure safety of all the labourers engaged by them while working.
The Contractor shall provide & make all necessary gadgets/arrangements for safety of his employees. The
Corporation shall not, in any way be responsible for accident minor, major or fatal to any of his employees
or for any damage arising there from during the pendency of the contract, which shall be the sole
responsibility of the Contractor. The insurance charges of the employees shall be borne by the Contractor.
Protective equipment like safety shoes, safety helmets, gloves etc. shall be supplied by the Contractor to
the labour and shall be used particularly when working in electrically charged areas. Special precaution
should be taken and/or Engineer in Charge should be contacted before entering the electrically charged
areas.
The Contractor shall be responsible for safety of all employees employed by him from time to time and shall
be responsible for payment of compensation that may arise from time to time as a legal obligation or
otherwise whatsoever it may be.
14.0 INSURANCE
The Contractor shall take the ESIC. In case ESIC is not available, then Mediclaim insurance policy or any
other policy as applicable for his workers engaged for the works and shall submit the proof of the policy
to the Engineer-in-charge before commencing the work.
All costs on account of insurance liabilities covered under the Contract will be on Contractor's account and
will be included in Contract Price.
15.0 SUBLETTING OF CONTRACT
The Contractor shall execute the work himself and no part of the contract shall be, without the prior consent
in writing of the Engineer-in-Charge or Employer, sublet or transfer other than for minor details, provided
that any such consent shall not relieve the Contractor from any obligation, duty or responsibility under the
Contract.
16.0 CONTRACTOR'S SUPERVISION:
The Contractor shall appoint at his own expense adequate number of supervisors/ engineers with sufficient
experience to supervise the Works.
The Contractor or his authorized representatives present at the site(s) shall superintend the execution of the
works with such additional assistance in each trade, as the work involved shall require and considered
reasonable by the Engineer-in-Charge. Directions/instructions given by the Engineer-in- Charge to the
Contractor's authorized representatives shall be considered to have the same force as if these had been
given to the Contractor himself.
17.0 REMOVAL OF CONTRACTOR'S MEN:
The Contractor shall employ on the execution of the Works only such persons as are skilled and
experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require
the Contractor to remove from the works any persons employed by the Contractor on the execution of the
works who, in the opinion of the Engineer-in-Charge, misconducts himself or is incompetent or negligent in
the proper performance of his duties. The Contractor shall forth-with comply with such requisition and such
person shall not be again employed upon the works without permission of the Engineer in charge. Any
person so removed shall be replaced immediately.
18.0 ECOLOGICAL BALANCE:
During the course of work the Contractor shall ensure compliance to Ecological balance under various
regulations and acts in vogue including following:-
1. Environment Protection Act 1986
2. The Water (Prevention and control of Pollution) Act,1974
3. Air (Prevention and control of Pollution) Act 1981
19.0 FORCE MAJEURE:
19.1 The term "Force Majeure" shall herein mean riots (other than among the Contractor's employees), Civil
Commotion (to the extent not insurable), war (whether declared or not), invasion, act of foreign enemies,
hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, damage from aircraft, nuclear
fission, acts of God, such as earthquake (above 7 magnitude on Richter Scale), lightning, unprecedented
floods, fires not caused by Contractor's negligence and other such causes over which the Contractor has no
control and are accepted as such by the Engineer-in-Charge, whose decision shall be final and binding. In
the event of either party being rendered unable by force Majeure to perform any obligation required to be
performed by them under this contract, the relative obligation of the party affected by such Force Majeure shall
be treated as suspended for the period during which such Force Majeure cause lasts, provided the party
alleging that it has been rendered unable as aforesaid, thereby shall notify within 10 days of the alleged
beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause.
19.2 On occurrence of Force Majeure, the liability of either party shall be dealt with, in accordance with the provisions
as under:
i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or
arise out of "Force Majeure" to the Works or any part thereof or to any material or article at site but not
incorporated in the Works or to any person or anything or material whatsoever of either party provided such
a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall
bear losses and damages in respect of their respective men and materials. As such liability of either parties
shall include claims/compensation of the third party also.
ii) Provided, however, in an eventuality as mentioned in sub-clause 19.2 (i) above, the following
provisions shall also have effect:
(a) The Contractor shall, as may be directed in writing by the Engineer-in-Charge proceed with the
completion of the works under and in accordance with the Contract; and
(b) The Contractor shall, as may be directed in writing by the Engineer-in-Charge, re-execute the works
lost or damaged, remove from the site any debris and so much of the works as shall have been
damaged and carry the Employer's T&P, Equipment, Material etc, to the Employer's stores. The cost
of such re- execution of the works, removal of damaged works and carrying of Employer's store shall
be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor.
Provided always that the Contractor shall, at his own cost, repair and make good so much of the loss or
damage as has been by any failure on his part to perform his obligations under the Contract or not taking
precautions to prevent loss or damage or minimize the amount of such loss or damage.
19.3 Should there be a request for extension of time arising out of "Force Majeure" the same shall be
considered in accordance with clause 23.
20.0 SUSPENSION OF WORKS:
20.1 The Contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part
thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary
and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of
the Engineer-in-charge. If such suspension is:
(a) Provided for in the Contract, or
(b) necessary for the proper execution of the Works or by reason of weather conditions or by some
default on the part of the Contractor, or
(c) necessary for the safety of the Works or any part thereof.
The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of
suspension of the works; but in the event of any suspension ordered by the Engineer-in-Charge for reasons
other than aforementioned and when each such period of suspension exceeds 14 days, the Contractor shall
be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider
proper having regard to the period or periods of such suspensions and to such compensation as the
Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his
employees during the periods of such suspension.
20.2 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more
than three months at a time the Contractor may serve a written notice on the Engineer-in-Charge requiring
permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to
which progress is suspended and if such permission is not granted within that time the Contractor by a further
written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of
the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the
Contract by the Employer.
21.0 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN
SCOPE OF WORK:
21.1 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works
for reason whatsoever and hence does not require the whole or any part of the Works to be carried out, the
Engineer-in-Charge shall give notice in writing to that effect to the Contractor, and the Contractor shall have no
claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which
he might have derived from the execution of the works in full but which he could not derive in consequence of
the fore-closure of the whole or part of the Works.
21.2 The Contractor shall, if required by the Engineer-in-charge, furnish to him books of account, wage books,
time sheets and other relevant documents as may be necessary to enable him to certify the reasonable
amount payable under this condition.
22.0 TERMINATION OF CONTRACT ON DEATH:
If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies, or if the
Contractor is a partnership concern and one of the partners dies, then, unless the Engineer-in- Charge is
satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern
and in the case of partnership, the surviving partners are capable of carrying out and completing the contract,
the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the
Employer being in any way liable to payment of any compensation whatsoever on any account to the estate
of the deceased Contractor and/or to the surviving partners of the Contractor's firm on account of termination
of the Contract. The decision of the Engineer-in- Charge that the legal representatives of the deceased
Contractor or the surviving partners of the Contractor's firm cannot carry out and complete the Works
under the Contract shall be final and binding on the parties. In the event of such termination, the Corporation
shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractors firm liable
for damages for not completing the Contract. Provided that the power of the Engineer-in-charge of such
termination of contract shall be without prejudice to any other right or remedy, which shall have accrued or
shall accrue to him under the Contract.
23.0 TIME FOR COMPLETION AND EXTENSIONS:
23.1 Time for Completion allowed for execution of the Works is as specified in clause 3.0 of these conditions.
23.2 However, if the work is delayed on account of:
i) Delay in handing over of site to the Contractor; or
ii) Increase in the quantity of work to be done under the contract; or
iii) Suspension of work; or
iv) "Force Majeure" or
v) Any other cause which, in the opinion of the Engineer-in-Charge is beyond the Contractor's control;
then, immediately upon the happening of any such event as aforesaid, the Contractor shall inform the
Engineer-in-charge accordingly, but the Contractor shall nevertheless use constantly his best endeavors to
prevent and/or make good the delay and shall do all that may be required in this regard. No extension in
time on account of rains shall be admissible. The Contractor shall request, in writing, for extension of time, to
which he may consider himself eligible under the Contract, within fourteen days of the date of happening of any
such events as indicated above.
Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for
Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and
Insurance Policy(ies). Provided further that such extension is not caused by increase in Contract Price of
Works.
23.3 In any such case as may have arisen due to any of the events, as aforesaid, and which shall be brought out by
the Contractor in writing, the Engineer-in-Charge may give a fair and reasonable extension of Time for
Completion, after taking into consideration the nature of the work delayed and practicability of its execution
during the period of extension. Provided in the event of non-receipt of a request for such extensions from the
Contractor for reasons whatsoever, the Engineer-in-Charge may, at his sole discretion and with due regard to
the event, grant fair and reasonable extension of time suo motto.
Such extensions, if admissible, shall be communicated to the Contractor by the Engineer-in-Charge in writing.
Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has;
a) within 14 days after such event has first arisen notified the Engineer and
b) within 28 days or such other reasonable time as may be agreed by the Engineerincharge detailed
particulars of any extension of Time for Completion to which the Contractor may consider himself
entitled.
24.0 COMPLETION CERTIFICATE:
24.1 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the
time mentioned in clause 3.0 and terms and conditions mentioned in clause-23. As soon as the Works under the
Contract is completed as a whole, the Contractor shall give notice of such completion to the Engineer-in-
Charge. The Engineer-in-Charge, within two week of receipt of such notice, shall inspect the work and shall
satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then
issue to the Contractor a certificate of completion indicating the date of completion. Should the Engineer-in-
Charge notice that there are defects in the Works or the Works are not considered to be complete, he shall
issue a notice in writing to the Contractor to rectify/replace the defective work or any part thereof or complete
the work, as the case may be, within such time as may be notified and after the Contractor has complied with
as aforesaid and gives notice of completion, the Engineer-in-Charge shall inspect the work and issue the
completion certificate in the same manner as aforesaid.
24.2 No certificate of completion shall be issued as stipulated under 24.1 above nor Work be considered to be
completed unless the Contractor shall have removed from the work site and/or premises all his
belongings/temporary arrangements brought/made by him for the purpose of execution of the work and clean
the site and/or premises in all respects and made the whole of the site and or premises fit for immediate
occupation/use to the satisfaction of the Engineer-in-Charge. If the Contractor fails to comply with the above
mentioned requirements on or before the date of completion of the Work, the Engineer-in-Charge, may, as he
thinks fit and at the risk and cost of the Contractor, fulfill such requirements and remove/dispose off the
Contractor's belongings/temporary arrangements, as aforesaid, and the Contractor shall have no claim in this
respect except for any sum realized by the sale of Contractor's belongings/temporary arrangements less the
cost of fulfilling the said requirements and any other amount that may be due from the Contractor. Should
the expenditure on the aforesaid account exceed the amount realised by sale of such Contractor's
belongings/temporary arrangements than the Contractor shall on demand, pay the amount of such excess
expenditure.
25.0 PAYMENT ON ACCOUNT:
25.1 Running Account / Interim bills shall be submitted by the Contractor monthly on or before the date fixed by
the Engineer-in-Charge for the work executed. The Engineer-in-Charge shall then verify the bills with reference
to the measurements recorded in the measurement book(s).
25.2 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which
the Contractor is considered entitled by way of interim payment for the work executed, after deducting therefrom
the amounts already paid, the security deposit and such other amounts as may be withheld/deductable or
recoverable in terms of the Contract.
25.3 Payment of the Contractor's bills shall be made by the Employer within 30 days from the date of submission of the
bill subject to the acceptance of the Engineer-in- charge.
25.4 Any interim bills given relating to work done or materials delivered, may be modified or corrected by any
subsequent interim bills or by the final bill. No certificate(s) of the Engineer-in-Charge supporting an interim
payment shall itself be conclusive evidence that any work or materials to which it relates is/are in accordance with
the Contract.
25.5 In case of disputed items for which payment has been withheld, the Engineer-in-charge will intimate to the
Contractor in writing the details of such disputed items. The Contractor shall submit in writing the clarifications /
modifications in regard to these disputed items to the Engineer-in-charge. After receipt of such clarifications /
modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall
be released within 30 days thereafter.
25.6 Statutory taxes like Income Tax, Work Contract Tax etc. as applicable in the State shall be deducted from
payment.
25.7 Subject to Sub clause 12.21 of Conditions of Contract, the EPF and ESI Contribution on the part of Employer in
respect of this contract shall be paid by the Contractor. These contributions on the part of Employer paid by the
Contractor shall be reimbursed by the Engineer-in-Charge to the Contractor on actual basis.
Further, the reimbursements are subject to Production of Contract Wise copy of separate Challan Cum Return
(ECR) for monthly payment of EPF by the Contractor. However, during currency of the Contract the Contractor
shall also comply and furnish the document in respect of statutory returns of EPF like F-6A and F-3A in respect of
Contractor's Employees engaged in the Contract.
26.0 PAYMENT OF FINAL BILL:
The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work
or of the date the Certificate of Completion furnished by the Engineer-in-Charge. No further claim in this regard
unless as specified herein under shall be entertained. Payment shall be made within 3 months, of the
submission of Final bill. If there shall be any dispute about any item or items of the work then the undisputed
item or items only shall be paid within the said period of three months. The Contractor shall submit a list of the
disputed items within thirty days from the disallowance thereof and if he fails to do so, his claim shall be
deemed to have been fully waived and absolutely extinguished. Provided further the Employer shall not be
liable to the Contractor for any matter or thing arising out of or in connection with the Contract or
execution of the Works, unless the Contractor shall have included a claim in respect thereof in his Final
Bill.
27.0 OVER PAYMENT AND UNDER PAYMENT:
27.1 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under
this Contract against the Contractor, the same may be deducted by the Employer from any sum then due or
which at any time thereafter may become due to the Contractor under this Contract and failing that under any
other contract with the Employer or from any other sum whatsoever due to the Contractor from the Employer or
from his security deposit, or he shall pay the claim on demand.
27.2 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill
including all supporting vouchers, abstracts, etc. The Employer further reserves the right to enforce recovery of
any overpayment when detected, notwithstanding the fact that the amount of the final bill may be included by one
of the parties as an item of dispute before an arbitrator appointed under clause 28.0 of this Contract and
notwithstanding the fact that the amount of the final bill figures in the arbitration award.
27.3 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done
by the Contractor or alleged to have been done by him under the Contract, it shall be recovered by the Employer
from the Contractor by any or all of the methods prescribed above, and if any under-payment is discovered, the
amount shall be duly paid to the Contractor by the Employer.
27.4 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor
under any other contract with the Employer shall not extend beyond the period of two years from the date of
payment of the final bill or in case the final bill is a MINUS bill, from the date the amount payable by the Contractor
under the MINUS final bill is communicated to the Contractor.
27.5 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the
Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of
the Employer or such other person or persons in respect of payment of a sum of money arising out of or under
any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or
persons.
The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept
withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same
Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof, or
by the competent court.
28.0 SETTLEMENT OF DISPUTES
28.1 Amicable Settlement
28.1.1 If any dispute arises between the Employer and the Contractor arising out of the Contract, whether during the
execution of the Works or after their completion and whether before or after the repudiation or after termination of
Contract, including any disagreement by either Party with any action, inaction, opinion, instruction, determination,
certificate or valuation of the Employer, an attempt shall be made to resolve the matter in dispute amicably.
Any dispute, in respect of which the Employer and the Contractor have failed to reach at an amicable settlement
pursuant to GCC Clause 28.1.1, shall be finally settled by reference to arbitration as per Clause 28.2.
28.2 Arbitration
28.2.1 Except as otherwise provided in clause-28.1 above, hereinbefore, all questions, dispute or difference in respect of
which the decision has not been final and conclusive arising between the Contractor and the Employer, in relation
to or in connection with the Contract shall be referred for arbitration in the manner provided as under:
28.2.2 Any dispute or difference what so ever arise between the Parties and of or relating to the construction,
interpretation, application, meaning, scope, operation /or effect of this Contract or validity of the breach thereof,
shall after written notice by either Party to the other be referred for arbitration to the Indian Council of Arbitration
(ICA), New Delhi in accordance with the rules of arbitration of the Indian Council of Arbitration (ICA), New
Delhi. Such dispute or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996.
28.2.3 It is a term of the Contract that the Party invoking arbitration shall specify all disputes to be referred to arbitration at
the time of invocation of arbitration and not thereafter.
28.2.4 Notwithstanding any reference to the Arbitration herein,
(a) the Parties shall continue to perform their respective obligations under the Contract unless they otherwise
agree
(b) the Employer shall pay to the Contractor any moneys due to the Contractor.
In case of contract with another Public Sector Enterprises and Central Govt. Department (s), the above
said clauses 28.2.1 to 28.2.4 shall stand deleted and the following Arbitration clause shall be applicable:-
i All questions, disputes or differences whatsoever arising between the parties and of or relating to the
construction, interpretation, application, meaning, scope, operation or effect of this contract or the validity or
the breach thereof, shall be referred to arbitration in the manner provided as under:
In the event of any dispute or difference relating to the interpretation and application of the provisions of the
contracts, such dispute or difference shall be referred by either party for Arbitration to the Sole Arbitrator in
the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-
charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 and The
Arbitration and Conciliation Act, 2015 shall not be applicable to arbitration under this clause. The award of
the Arbitrator shall be binding upon the parties to the dispute provided, however, any party aggrieved by
such award may make a further reference for setting aside or revision of the award to the Law-Secretary,
Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the
dispute shall be decided by the Law-Secretary, whose decision shall bind the Parties finally and
conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the
Arbitrator.
ii) Both the Employer and Contractor (CPSE / Government Department) shall refer the existing dispute(s) to
the Arbitrator at the earliest and not later than two months of arising of dispute.
iii) After entering upon the reference, the Arbitrator will call for the papers, comments / statements from the
parties and will hear the parties in person as and when he deems necessary. The arbitrator shall ordinarily
fix the meeting in Delhi unless, for reasons to be recorded in writing, he decides otherwise. No outside
lawyers shall be allowed to appear on behalf of the parties to argue their cases before the Arbitrator but the
parties can take the help of their own full time Law officers. (Subject to aforesaid, the Arbitrator, and the
Law-Secretary will determine the procedure as the case may be).
iii) The arbitrator shall make a speaking award.
iv) The work under this Contract shall continue during Arbitration proceedings and no payments due from or
payment by the Corporation shall be withheld on account of such proceedings except to the extent which
may be in dispute.
Note: This provision is applicable to disputes with Central PSUs / Departments only and in case SLPE
(State Level Public Enterprises) agrees for arbitration by PMA (Permanent Machinery of Arbitrators) for
settling their disputes, this provision can be applied.
28.3 However, any issue or matter relating to tendering stage including negotiations (if any) at that stage which has
been mutually agreed and incorporated in the Contract shall not be subject to amicable settlement or arbitration.
28.4 No interest shall be payable by the Employer on the disputed/ claimed amount for the period up to determination
and notification of the award by Arbitration Institution.
29.0 General:
The Employer reserves to itself the right to take over the part or full contract from the Co ntractor after
the award of the Contract or during the execution of Contract without assigning any reason.
30.0 Training Of Apprentices
The Contractor shall, during the currency of the Contract, engage and also ensure engagement by his Sub-
contractor and other employed by the Contractor in connection with the Works, such number of apprentices
and in such categories for such periods as may be required under the Apprenticeship Act 1961 as amended
in 2014 and he shall be responsible for all obligations of the Employer under the aforesaid Act, including the
liability to make payment to Apprentices as required under the Act.
31.0 Employment of Skilled / Semi-skilled workers
The Contractor shall, at all stages of work, deploy skilled / semi-skilled tradesmen who are qualified and
possess certificate in particular trade from CPWD Training Institute / Industrial Training Institute / National
Institute of Construction Management and Research (NICMAR) / National Academy of Construction, CIDC
or any similar reputed and recognized Institute managed / certified by State / Central Government. The
number of such qualified tradesmen shall not be less than 20% of total skilled / semi-skilled workers
required in each trade at any stage of work.
The Contractor shall submit number of man days required in respect of each trade, it's scheduling and the list of
qualified tradesmen along with requisite certificate from recognized Institute to Engineer-in-Charge for approval.
Notwithstanding such approval, if the tradesmen are found to have inadequate skill to execute the work of
respective trade, the Contractor shall substitute such tradesmen within two days of written notice from Engineer-
in-Charge. Failure on the part of Contractor to obtain approval of Engineer-in-Charge or failure to deploy qualified
tradesmen will attract a compensation to be paid by Contractor at the rate of ` 100 per such tradesmen per day.
Decision of Engineer-in-Charge as to whether particular tradesmen possesses requisite skill and amount of
compensation in case of default shall be final and binding.
Provided always, that the provisions of this clause, shall not be applicable for works with estimated cost put to
tender less than ` 5 crores.
**************
Annexure-A of GCC
PERFORMANCE GUARANTEE FORM
Bank Guarantee
(To be stamped in accordance with Stamp Act
if any, of the Country of the issuing Bank)
Bank Guarantee No. ..............
Date ......................................
To,
[Employer'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 Letter of Acceptance No. ................ dated
.................. and the same having been acknowledged by the Contractor, for ............... [Contract sum in figures and
words] for .......... [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for
the faithful performance of the entire Contract equivalent to ......(*)........... of the said value of the aforesaid work under
the Contract to the 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 of meaning thereof, include its successors, administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, on demand any and all monies payable
by the Contractor to the extent of .............. (*) ............... as aforesaid at any time upto ................ (@) ...........
[days/month/year] without any demur, reservation, contest, recourse or protest and/or without any reference to the
Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any
difference between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the
Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer
discharges this guarantee or till ...............[days/month/year] whichever is earlier.
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 the Employer may have in relation to the Contractor's liabilities.
i) Our liability under this Bank Guarantee shall not exceed .......................
ii) This Bank Guarantee shall be valid up to ...........................
iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if
Employer serve upon Bank a written claim or demand on or before .................@..............
Dated this ....................day of ..................... 20............ at .................................
WITNESS Signed for and on behalf of the Bank
1. ................................................ ...............................
(Signature) (Signature)
................................................ .....................................
(Name) (Name)
................................................ .................................................
(Official Address) (Designation with Bank Stamp) Staff No.
Full Address of Bank with Tel., Fax. No.
2. ................................................
(Signature)
................................................
(Name)
................................................
(Official Address)
Communication address of the Bank
Name of the contact person
Tel. No.
Fax No.
Email:
Notes: 1. (*) This sum shall be ten percent (10%) of the Contract Price denominated in the types and proportions of
currencies.
(@) This date will be thirty (30) days beyond the Contract period as specified in the Contract. The Bank
Guarantee shall be released after completion of job and upon certification by Engineer/ Officer -in-charge.
2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank.
3. Vendor's stamp with full details i.e. name of the Employer in whose favour for which this stamp paper has
been purchased, should be invariable mentioned on the back side of the stamp paper.
4. Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the
Contractor) under the registered post (A.D.). The Contractor can submit an advance copy of Bank Guarantee
to the Employer. However, in case of exceptional circumstances where efficient postal services are not in
force, the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank
shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (A.D.) to the
Employer, with a forwarding letter.
Annexure-B of GCC
AGREEMENT
(To be executed on non-judicial stamp paper of appropriate value)
This AGREEMENT is made on the ...... day of .............. BETWEEN .................
(1) NHPC Ltd., a corporation incorporated under the laws of INDIA and having its Registered Office at NHPC
OFFICE COMPLEX, SECTOR-33, FARIDABAD-121003, HARYANA (hereinafter called "the Employer"), and
which expression shall include its permitted successors and assigns.
and
(2) M/s .......................... and having registered office at ............ ........................... (herein after referred to as
"The Contractor") which expression shall include the permitted successors and assigns.
"WHEREAS the Employer is desirous of ............................. and have invited enquiry vide ................
............................ for the purpose of the said work.
AND WHEREAS the Contractor has submitted its tender AND WHEREAS the Employer has accepted the tender of the
Contractor for execution of the said work upon the terms and subject to the conditions herein after mentioned below in the
agreement.
This Contract comprises of the following component / parts, all of which shall form an integral part of this contract as if
herein set out verbatim or if not attached as if here to attached.
i) Section-I : Letter of Award
ii) Section-II : Special Conditions of Contract
iii) Section-III : General Conditions of Contract
iv) Section - IV : Any other documents forming part of the Contract
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 above.
AND WHEREAS the Employer has accepted the tender of the Contractor and the execution of the said work for the sums
as per Schedule of Quantities & Prices contained in the Section-I upon the terms and subject to the conditions hereinafter
mentioned and more particularly described in Section I to IV respectively which shall form integral part of this Contract
(hereinafter to be collectively referred to as `Contract Documents').
NOW THESE PRESENT WITNESS AND the parties hereto hereby agree and declare as follows:
That is to say, in consideration of the payments to be made to the Contractor by the Employer as hereinafter mentioned,
the Contractor shall duly provide the plant for the said works and shall do and perform all other works and things in the
contract mentioned or described which are implied there from or herein respectively or may be reasonably necessary for
the completion of the said work within and at the times and in the manner and subject to the terms & conditions and
stipulations mentioned in the said contract document.
AND in consideration of the due provision and satisfactory supply, Installation, Commissioning and completion of the said
supply thereof as aforesaid, the Employer will pay to the Contractor the sums as per the Schedule of Prices contained in
Section-I or such other as may become payable to the Contractor under the provisions of this Contract, such payment to
be made in time and in such manner as is provided by the Contract.
IN WITNESS WHEREOF The Parties hereto have signed this deed hereunder on the date respectively mentioned against
the signature of each.
(For and on behalf of (For and on behalf of
the Contractor) the Employer)
In the presence of In the presence of
1. 1.
****************
SECTION III
SPECIAL CONDITIONS OF CONTRACT (SCC)
Special Conditions of Contract
Name of Work: Consultancy service for updation of IMS Documents of ISO 18001:2007 and internal auditors training
Programe and IMS certification for Subansiri Lower HE Project.
INTRODUCTION
The following special conditions of contract shall be read in conjunction with the corresponding relevant provisions
made in the Conditions of Contract (Section- II) and in case of any discrepancy or variation or contradiction between
them, the provision made under these Special Conditions, shall prevail.
1.1 General:
Certification Body will offer services to NHPC, Subansiri Lower HE Project (2000MW), covering audit and
certification against an appropriate recognized specification or part thereof. To achieve and preserve
certification, Subansiri Lower HE Project shall develop and maintain its management system in accordance with
said specification, allowing unconditional access to Certification Body to audit or otherwise verify these
management systems against said specifications.
The certification awarded by the certifying agency shall cover, as the case may be, those services or product
manufactured and /or supplied under the scope of the NHPC, Subansiri Lower HE Project (200MW) management
system.
1.2 The Scope of Work:
Providing Consultancy service for upgradation of IMS Documents of ISO 18001:2007 to latest standard ISO
45001:2018 will include Manual, Procedures, SOP/OCP, Hazard Identification, Form/Formats, Policy Objective,
Management Programme, Process Flow, Preparation of Internal Audit Plan, Internal Audit schedule, NCR & Audit
summary formats etc.
The firm will conduct internal auditors training programme accordance to latest ISO standards on ISO
9001:2015, ISO14001:2015 and OHSAS 45001:2018 standard and issue qualification certificate for 20
participants.
The firm will provide Certification for next three years as per IMS system for ISO 9001:2015, ISO14001:2015 and
OHSAS 45001:2018 standard.
1.3 Request for certification:
NHPC, Subansiri Lower HE Project (2000MW) will supply information about the size and scope of their
operations subject to certification body services as required by the certifying agency which shall be used for
completion of audit and issuance of certification of IMS.
Certification Body shall perform the services with the reasonable skill, care and diligence to be expected of a
reputable agency experienced in providing the class of services specified in the agreement.
1.4 The certification process:
The details of the services to be provided will be agreed between the NHPC, Subansiri Lower HE Project (2000
MW) and the certification body. To provide a general guide, outlined below shall be the key stages of the
certification process.
1.4.1 Document Review:
Certification Body will undertake a document review, which is designed to ensure its clients documented
management system have addressed the key areas of the specifications which they seek certification. This
ensures that the certification audit will be of maximum value.
1.4.2 Certification audit:
Certification Body will provide an audit programme prior to commencement of the audit. The Certification Body
audit team will meet with the NHPC, Subansiri Lower HE Project (2000 MW) management to discuss the details
of the audit process and consider possible issues relating to the performance of the audit. The Certification Body
audit team will discuss any Non- Conformities, observations of opportunities for improvement if and when they
identify during the audit.
The certification Body Audit team will prepare and present to the client's management a report of the audit,
which will include: the audit findings, strength, weakness, opportunities and threat (SWOT) analysis of the
organization, audit conclusions and seek agreement where necessary, on the nature of any corrective action to
be taken.
1.4.3 Non conformity:
Certification Body auditors will only identify nonconformities that will held NHPC, Subansiri
Lower HE Project (2000 MW) to improve operational standards, and their management system.
1.4.4 Issuance of Certification:
Certificate Body will be issue the certificate (s) immediately when all corrective action is agreed
between NHPC, Subansiri Lower HE Project (2000MW) and the audit have been completed. The
certificate will detail the specification (s) to which the NHPC, Subansiri Lower HE Project (2000MW) has complied
the observation at the time of audit and the scope of the management system.
1.4.4 Certification Maintenance:
Certification Body shall operate a surveillance audit programme to record whether the NHPC, Subansiri Lower
HE Project (2000MW) certification is found to be maintained. The Programme is ongoing and is agreed with the
NHPC, Subansiri Lower HE Project (2000MW) in the contract. Every three years Certification Body will
automatically review the client's certification and subject to the satisfactory results of the surveillance audits
and/or the recertification audit, the certification will be reconfirmed.
NHPC, Subansiri Lower HE Project (2000MW) shall inform properly Certification Body of any significant changes
to its product (s) or services that impact the certified management system (s) or any other circumstances, which
may affect the validity of is certification. For example, change of site, additional site, change of process, change
of ownership, change of scope of etc. Certification Body will then take appropriate action, conducting a special
visit and/or changing the certification.
1.4.5 Accreditation Body access:
NHPC, Subansiri Lower HE Project (2000MW) shall allow the firm's accreditation body or their
representative, access to any part of the audit or surveillance process for the purpose of witnessing the
Certification Body Audit Team performing the audit. The client will not have the right within this contract to
refuse such a request either by the accreditation body, its representative or Certification Body.
1.4.6 Suspension, Withdrawal or Cancellation of the Certificate:
Certification Body cannot suspend, withdraw, reduce, extend or cancel the certificate unless 3
Months written notice is given to NHPC, Subansiri Lower HE Project (2000MW). If such actions are deemed
necessary the client will be fully briefed, and will be given every possible opportunity to take corrective action
before a final decision is taken on what action Certification Body should take.
1.4.7 Appeals, Disputes and Complaints:
In case of dispute, NHPC Subansiri lower HE Project (2000 MW) shall lodge a complaint raised about certification
body. This will be, in the first instance, to be made to the local certification body office. If NHPC, Subansiri lower
HE project (2000MW) does not wish to complaint directly to the local certification body office, the complaint
shall be sent in writing to the certification body.
2.0 Certification terms & condition:
2.1 Certification body:
"Certification body shall mean particular certification body group company in any jurisdiction whatsoever,
referring in its offer or other certification body issued document to these terms and conditions. The certification
body shall have valid accreditation from National /International Accreditation body , the proof of which shall be
submitted along with the bid documents.
2.2 Terms & Conditions:
These terms & condition constitute the sole obligation undertaking by the certification body and the sole right
and remedies of the client, to the exclusion of all other representations, statements, terms, condition whether
expressed or implied. The parties agree, in the circumstances known to them at the date of entering into this
agreement, that these terms & condition are reasonable. In the event that a court shall determine that one or
more provision in unenforceable for the any reason, such provision shall deemed to be severed from these
terms and conditions such that the remaining terms and conditions shall continue to be enforceable between
the parties thereto.
2.3 Fundamental Terms:
The NHPC, Subansiri Lower HE Project (2000MW) hereby warrants and covenants with certification body that it
will at times during the subsistence of the agreement comply with all reasonable requirement necessary for the
issuance of the certificate of Approval including ( but without prejudices to the generality thereof) all statutes,
rules, regulations issued by any statutory or other competent authority, all recommendation , codes and similar
matters issued by any authority pursuant to which, in compliance of which or for the purpose of which the
Certificate of Approval is issued or such other reasonable requirements of Certification Body as are necessary to
enable to the Certificate of Approval to be issued and maintained in force in conformity with standards of quality
of certification.
The client hereby warrants the completeness and accuracy of all documents and accuracy of all information
supplied to Certification Body for the purpose of the agreement.
3.0 Terms of payment:
3.1 Payment:
Payment will be made within 30 days after completion of activities shown in the annexure (Bill of quantity) on
submission of invoices by the firm.
3.2 Security Deposit:
Security Deposit shall be deducted @10% from your running bills. Security deposit will be release after
completion of contract at the certification of Engineer-in-charge.
3.4 Compensation:
A compensation of 0.50% per week maximum upto 10% of awarded amount shall be imposed in case if the
agency fails to execute the work as per scope of work.
3.6 TDS:
Income tax will be deducted as per rules. TDS certificate will be issued by NHPC Subansiri Lower HE Project (2000
MW).
4.0 Termination of the contract:
Either party may terminate this agreement by giving three month written notice.
5.0 Confidentiality:
Except as may be required by law, Certification Body and the Client will treat as strictly confidential all
information and will not disclose to any third party without prior written consent of the other, any information
which comes into their possession, the possession of their employees, agents or others by virtue of this
agreement.
6.0 Engineer-in-charge:
Management appointee (MA) of IMS or authorized representative of Subansiri Lower HE Project (2000MW).
7.0 Contract Period:
Contact period will be as follows-
From: Date of commencement
To: 03 years from the date of certification audit of IMS
7.1 Consultancy service for upgradation of IMS Documents of ISO 18001:2007 to latest standard ISO 45001:2018
integrating with ISO ISO 9001:2015, ISO14001:2015 and Internal auditors training programme & issue of qualification
certificates within 01 month from the date of issue of LOA or the as per the date intimated by the Management
Appointee(MA).
7.2 Certification audit should be completed latest by 30th Jan 2020.
7.3 Two surveillance audit will be conducted at interval not exceeding 12 & 24 months from the date of last day of
Certification audit.
8.0 The boarding, lodging & fooding of certification body shall be provided by NHPC at free of cost during their stay
for said work at NHPC Subansiri Lower HE Project (2000 MW) project area.
DGM (P&C)
P&C Department,
Subansiri Lower H.E. Project
SECTION IV
SCHEDULE OF QUANTITIES & PRICES
SECTION IV
Schedule of Quantities & Prices
Name of Work : Consultancy service for updation of IMS Documents of ISO 18001:2007 and internal auditors training
Programe and IMS certification for Subansiri Lower HE Project.
Tender Specification No.: NH/SLP/CONT/2019/C-68/NIT/651 Dtd.17.10.2019
SOQ (Schedule-A) Through E bidding only in CPPP portal
(www. eprocure.gov.in/eprocure/app)
Note:
1. All applicable taxes & duties on above item have been mentioned in this Schedule. The
reimbursement of total taxes & duties shall be restricted to the total amount mentioned in column 8
of this Schedule subject to Clause No. 2.4 of Conditions of Contract.
2. The rates & prices quoted by the bidder shall be exclusive of EPF & ESI contribution in respect
of this contract. Bidders are requested to go through ITB cl. no. 5.11 before quoting the rates.
3. It is hereby confirmed that, except as otherwise stipulated in the Tender Specification and the
statutory variations permitted as per the Contract, the above unit rates and other charges as
mentioned in this Schedule, will remain firm till the subject work is completed. Further, it is
confirmed that no other charges would be payable by NHPC, in connection with our execution
of the Contract.
4. Contract Price shall mean total price mentioned in Col. No. 8
(Signature & Stamp of the Bidder)
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