News shortcuts: From the Courts | Top Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | Professional Updates | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Tenders »
  Ministry Of Rural Development, New Delhi
  Artificial Limbs Manufacturing Corporation of India, Naramau, Kanpur
 Orissa State Warehousing Corporation, Bhubaneswar, Orissa
 Small Industries Development Bank Of IndiaMumbai, Maharashtra
 Ministry Of Rural Development, New Delhi
 South Eastern Coalfields Limited, Bilaspur
 Tea Board, Kolkata, West Bengal
 Paradip Port Trust, Orissa
 Sarvepalli Radhakrishnan Lab School, Bhiwani, Haryana
 Andhra Pradesh State Skill Development Corporation, Vijayawada, Andhra Pradesh
 National Hydroelectric Power Corporation Limited, West Bengal
  Indian Institute Of Management, Bodh Gaya, Bihar
 Government of National Capital Territory of Delhi, New Delhi
 
 

National Hydroelectric Power Corporation Limited, West Bengal
November, 28th 2019
                                    NHPC LTD.
                            (A Govt. of India Enterprise)




                                         MODEL

                    SIMPLIFIED FORM OF TENDER DOCUMENT

                                           FOR

                                HIRING OF SERVICES


"Consultancy service for Up-Gradation of IMS documents of ISO 18001:2007 to
comply with latest standard ISO 45001:2018 and conducting internal auditors
training programme in accordance to the latest ISO standards on ISO 9001:2015,
ISO 14001:2015 and ISO 45001:2018 "


      Tender Specification No. NH/TLD-III PS/Cont./R-931/1434   Dt. 25.11. 2019




                                       Page 1 of 97
     SECTION ­ 0
NOTICE INVITING TENDER
         (NIT)




         Page 2 of 97
                                            
                                            NHPC LIMITED
                                    (A Govt. of India Enterprise)
                                           TLD-III PS. Rambi
                                     CIN: L40101HR1975GOI032564

                             SECTION-0: NOTICE INVITING E-TENDER (NIT)
                                (Domestic Open Competitive Bidding)

Online electronic bids (e-tenders) under two cover system are invited on behalf of NHPC Limited (A
Public Sector Enterprise of the Government of India) from domestic bidders registered in India.

Tender Specification No.: NH/TLD-III PS/Cont./R-931/1434 Dt. 25.11.2019

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 Up-Gradation of IMS documents of
                                           ISO 18001:2007 to comply with latest standard ISO
                                           45001:2018 and conducting internal auditors training
                                           programme in accordance to the latest ISO standards on
                                           ISO 9001:2015, ISO 14001:2015 and ISO 45001:2018
 (ii)    Tender Specification No.          NH/TLD-III PS/Cont./R-931/1434

 (iii)   Mode of tendering                 e-procurement system (Open Tender)

 (iv)    Tender ID                         2019_NHPC_ 521688_1

 (v)     Cost of Bidding Document          ` 560/- in the form of Crossed Demand Draft in favour of
                                           "NHPC Limited" payable at SBI, Siliguri.
 (vi)    Estimated cost                    ` 2,40,000/-
 (vii) EMD (Bid Security)
                                           ` 5,000/- in the form of Crossed Demand Draft in favour of
                                           "NHPC Limited" payable at SBI, Siliguri OR in the form of Bank
                                           Guarantee issued by an Indian Nationalized Bank or any
                                           Scheduled Bank in India for EMD excess of ` 50,000/-. Bank
                                                 Page 3 of 97
                                                    guarantee shall be valid up to three months beyond the Bid
                                                    validity period as per format appended as Annexure-I of ITB.

  (viii) Completion Period /                        04 (Four) Months.
              Schedule
  (ix)        Required validity of Bid              120 days from the last date of online submission of Bids.


  (x)         Independent                External   Shri. Sudhir Krishna, IAS (Retd.) and Shri. Rajen Nair, Ex-
              Monitor                               Chairman Brahmputra Board.

  (xi)        Name      of      Institution   for   Rambi Bazar, Darjeeling.
              Arbitration

  (xii) Tender Inviting Authority                   Sr. Manager (P&C), TLD-III PS, Rambi, P.O. Reang, Dist.
                                                    Darjeeling, WB-734008


1.2           Critical Dates of Tender:

 S. No.                                  Particulars                                    Date & Time
       (i)      Publish date and time                                       25/11/2019, 17:00 Hrs.

      (ii)      Sale / Document Download Start Date & Time                  25/11/2019, 17:00 Hrs.

      (iii)     Sale / Document Download End                                17/12/2019, 15:00 Hrs.
                Date & Time
      (iv)      Online Bid Submission Start Date & Time                     25/11/2019, 17:00 Hrs.

      (v)       Online Bid Submission End Date & Time                       17/12/2019, 15:00 Hrs.

      (vi) Last date of submission of Cost of Bidding document, 21/12/2019, 15:00 Hrs.
               EMD and other offline supporting documents at "Sh.
               Amit Kumar, Sr. Manager (P&C), TLD-III PS, Rambi,
               P.O. Reang, Dist. Darjeeling, WB-734008,
               email ID: tendertldpiii@gmail.com"
  (vii)         Bid Opening Date & Time
                i.   Technical bid along with offline documents            24/12/2019, 15:00 Hrs.

                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.




                                                           Page 4 of 97
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 fulfill the following minimum Qualifying Criteria:-

2.2.1 The bidders who wish to apply for tender for the subject package shall satisfactorily establish to meet the
         following :
      i) The bidder should have successfully executed in past, similar nature of works of requisite value specified
      hereunder during preceding 05 (five) years,* supported with award letters & successful completion
      certificate(s) issued by concerned deptt. Confirming to either of the following.

       (a) One (1) order, amounting to at least 80% of the estimated value, i.e. Rs.1.92 Lakh
                                                          OR
       (b) Two (2) orders, each amounting to at least 50% of estimated value i.e. Rs.1.20 Lakh
                                                          OR
       (c) Three (3) orders, each amounting to at least 40% of estimated value. i.e. Rs.0.96 Lakh

      Note: Similar works is defined as "Consultancy Services for upgradation & providing of internal
      auditors training programe on ISO latest standard."

       * The reference date for considering the period of preceding 5 years shall be the last day of the month
       previous to the one in which the tender is invited AND
       ii) The average annual financial turnover of the indending bidder during the last three years ending 31 st
       March previous financial year should be at least 30% of the estimated cost i.e. Rs. 0.72 Lakh (Balance
       Sheet & PL Account/26AS/Form 16A).
          iii) Bidder should have following documents and submit documents as proof in this regard:-
          (a)      A declaration that the information furnished with the bid documents is correct in all respects: and
          (b)      Such other certificate as defined in the ITB. Failure to produce the certificates shall make the bid
                   non-responsive.
          (c)      Labour License.
          (d)      Registration certificate/ Trade lincence certificate / Enlistment certificate / Incorporation certificate
                   in any Govt. deptt. / Statutory body / PSU shall be submitted
          (e)      The bidder shall not have been debarred from business by any PSU/ Govt. Deptt. during the last
                   3 years. Self-declaration in this regard to be provided as per enclosed performa.


      All necessary supporting documents shall be submitted with Technical Bid
      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
      equipment etc. Declaration in this regard is to be submitted by the Bidder as per Annexure-VIII.




                                                        Page 5 of 97
    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 [if applicable] as per Clause 9.0 of ITB.

     Pre-contract Integrity Pact [if applicable] 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, Shri Sudhir Krishna, IAS (Retd.) and Shri. Rajen Nair,
    Ex-Chairman Brahmputra Board has been appointed as an Independent External Monitor (IEM) by the
    owner. The Contact Address of IEM is as under:-

          [Shri Sudhir Krishna, IAS (Retd.) and Shri. Rajen Nair, Ex-Chairman Brahmputra Board.]


    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 notarized requisite supporting
    documents [mention the type of documents] {in case remoteness of the project duly attested
    documents may be asked in place of Notarized} 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.



                                                                            Sr. Manager (P&C)
                                                                            NHPC Ltd., TLD-III PS, Rambi
                                                                            Mob.No. 9800041895
                                                                            Email ID:tendertldpiii@gmail.com
                                                   Page 6 of 97
      SECTION­I
INSTRUCTIONS TO BIDDERS
        (ITB)




        Page 7 of 97
                          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 Up-Gradation of IMS documents of
ISO 18001:2007 to comply with latest standard ISO 45001:2018 and conducting internal auditors training
programme in accordance to the latest ISO standards on ISO 9001:2015, ISO 14001:2015 and ISO
45001:2018" 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.come-ProcurementGovt. 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.




                                                  Page 8 of 97
(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 there is any corrigendum issued to the tender document.
(iii)   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
                                                Page 9 of 97
         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,

                                                Page 10 of 97
         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.

(xiii)   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 GSTIN
         and shall quote his prices in accordance with GST provisions after considering the benefit of
         Input Tax Credit etc. Undertaking in the prescribed format for passing on benefit of Imput
         Tax Credit and compliance of Anti-profiteering clause under Section 171 of CGST Act/SGST
         Act shall be submitted along with bid.

(xiv)    EMD: Any liability of GST arising out of forfeiture of EMD shall be borne by the Contractor.

(xv)     LD: Any GST liability on account of Liquidated damages shall be borne by the Contractor.

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.

                                                Page 11 of 97
Toll Free Number 1800-3070-2232. Mobile No. +91-7878007972 and +91-7878007973.
 Eligibility Criteria for Bidders
2.0    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.
2.1    The bidders must fulfill the following minimum Qualifying Criteria :-
The bidders who wish to apply for tender for the subject package shall satisfactorily establish to
meet the following
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).
i) The bidder should have successfully executed in past, similar nature of works of requisite value
specified hereunder during preceding 05 (five) years,* supported with award letters & successful
completion certificate(s) issued by concerned deptt. Confirming to either of the following.

    (a) One (1) order, amounting to at least 80% of the estimated value, i.e. Rs. 1.92 Lakh.
                                                        OR
    (b) Two (2) orders, each amounting to at least 50% of estimated value, i.e. Rs. 1.20 Lakh.
                                                        OR
    (c) Three (3) orders, each amounting to at least 40% of estimated value, i.e. Rs. 0.96 Lakh.

   Note: Similar works is defined as "Consultancy Services for upgradation & providing of internal
                                       auditors training programe on ISO latest standard."

     * The reference date for considering the period of preceding 5 years shall be the last day of the month
       previous to the one in which the tender is invited AND
     ii) The average annual financial turnover (Balance Sheet & PL Account/26AS/Form 16A) of the indenting
        bidder during the last three years ending 31st March of previous financial year should be at least 30% of
        the estimated cost, i.e. Rs. 0.72 Lakh.
     iii) Bidder should have following documents and submit documents as proof in this regard:-
          (a)    The current income-tax challan/Return, GST registration no., PAN No. and EPF Registration
                 No.
          (b)    A declaration that the information furnished with the bid documents is correct in all respects
          (c)    Such other certificate as defined in the ITB. Failure to produce the certificates shall make the
                 bid non-responsive.
          (d)    Labour License.
          (e)    Registration certificate /Trade licence certificate/ Enlistment certificate / Incorporation
                 certificate in any Govt. deptt. / Statutory body / PSU shall be submitted
          (f)    The bidder shall not have been debarred from business by any PSU/ Govt. Deptt. during the
                 last 3 years. Self-declaration in this regards to be provided. as per enclosed Performa


     All necessary supporting documents shall be submitted with Technical Bid


                                                 Page 12 of 97
2.2.1 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 equipment etc. Declaration in this
      regard is to be submitted by the Bidder as per Annexure-VIII.

2.2.2 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.

2.2.3 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.

2.2.4 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 [if
       applicable] 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, Shri Sudhir Krishna and Shri Rajan
       Nair has been appointed as an Independent External Monitor (IEM) by the Owner. The
       Contact Address of IEM is as under:-

       [Shri Sudhir Krishna, IAS (Retd.) and Shri. Rajen Nair, Ex-Chairman Brahmputra Board.]

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 notarized
       requisite supporting documents [mention the type of documents] {in case remoteness of
       the project duly attested documents may be asked in place of Notarized} and

                                               Page 13 of 97
      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 nonrefundable
      fee of ` 560/- (Rupees Five Hundred and sixty Only) in the form of Crossed Demand Draft
      in favour of "NHPC Limited" payable at "SBI, Hill Cart Road, Siliguri" towards the cost of
      bidding document. The bidder shall fill the Cost of bidding document details online and submit
      DD to Tender Inviting Authority i.e. "Sr. Manager (P&C), NHPC Ltd., TLD-III, Rambi. P.O.-
      Reang, Distt-Darjeeling (W.B.), Pin-734008'' 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 favors, 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
      ` 5,000/- (Rupees Five Thousand Only) as given in NIT appended hereto. Bid security /
      EMD may be deposited either in the form of a Crossed Bank Draft in favour of NHPC Limited,
      payable at SBI, Hill Cart Road, Siliguri 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.
                                             Page 14 of 97
      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 favors, 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 to the issuing Bank for online
      confirmation of Bank Guarantee to be submitted in terms of this clause:


      Name of the beneficiary: ______________________
      Account No.: _______________________________
      IFSC Code: ________________________________
      Address of the Bank: ________________________

      (The blank space may be filled as per the Bank details for Corporate Office / Project / Power
      Station / Regional Office / Liaison Office as the case may be and confirmation of same may be
      done in line with the Circular No. Misc./271 dated 04.05.2016 of Finance division available on
      Finance Section of Intranet Corner).

 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.


                                              Page 15 of 97
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.


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
               towards Cost of bidding document.
      iii)     Demand Draft / Banker's Cheque / Bank Guarantee / Notarized copy of valid relevant
               MSEs Certificate towards Bid Security / EMD.
      iv)      Pre-Contract Integrity Pact [if applicable].
      v)       ECS Form.
      vi)      Copy of PAN.
      vii)     Details of Past Experience.
      viii)    Bid Proforma.
      ix)      Scanned copy of Power of Attorney alongwith 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 alongwith notarized copy of certificate.

                                                Page 16 of 97
      xii)   Declaration regarding applicability of Start-Ups under Start-Up India Initiative
             alongwith notarized copy of certificate.

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.

      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 "[''Name, Address & Contact details including email
      of the concerned officer'']" 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 alongwith 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 / EMD.
      iii)   Power of Attorney alongwith 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".



                                              Page 17 of 97
       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 upto 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 upto 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.


                                                Page 18 of 97
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.


                                              Page 19 of 97
      To oversee the compliance under the Integrity pact, Shri Sudhir Krishna and Shri Rajan
      Nair has been appointed as an Independent External Monitor (IEM) by the Owner. The
      Contact Address of IEM is as under:-

      [Shri Sudhir Krishna, IAS (Retd.) and Shri. Rajen Nair, Ex-Chairman Brahmputra Board.]

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 nonconformity.

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

                                               Page 20 of 97
         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 bids
         shall be done based on the item-wise price/ total prices [...Strick out whichever is not
         applicable] as per BOQ_XXXX: Schedule of Quantities & Prices.

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


                                                  Page 21 of 97
       integrity of India, the security, and 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. In 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



                                                  Page 22 of 97
      (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

                                             Page 23 of 97
               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 favors, 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 favors, 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.
                                           Page 24 of 97
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
     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, covered in this Tender document shall also be eligible for the Purchase Preference.


     In tender, participating Micro and Small Enterprises quoting price within price band of L1+15% shall also
     be allowed to supply 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 supply up to 25%
     of the total tendered value. In case more than one such MSEs, the supply will be shared proportionately
     (to tendered quality).
     In case of tender item is non-split able or non ­dividable, etc. MSE quoting price within price band L1+15%
     may be awarded for full/complete supply 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 L1 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 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.

    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.

 a) I/We also confirm that we are MSEs owned by SC/ST/Women Entrepreneurs (Strike out if not
    applicable)
 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)

                                               Page 25 of 97
 15.0 Check List (This Check List duly tick marked shall be submitted online)
                                 Document Required                                    Action required          Submitted
Sl.                                                                                                            Please tick
No.                                                                                                                ( )
1a) Notarized copies of Documentary evidences in support of the qualification To be uploaded online.
    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 / blacklisted / de-barred To be uploaded online.
      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 &                                      To be uploaded online.
   Stamped at each page. [if applicable]
2.                           Cost of Bidding Document                                To be submitted in hard
                                                                                       copy and uploaded
      (i) DD amounting to ` 560/-                                                                                  (i)
                                                                                             online.
                                           Or                                                                      Or
      (ii) Notarized copy of valid Certificate towards exemption of Cost of bid                                    (ii)
      document.
3.                                Bid Security / EMD                                 To be submitted in hard
                                                                                       copy and uploaded
      (i) DD Amounting to ` 5,000/-                                                                                (i)
                                                                                             online.
                                            or                                                                     Or
      (ii) In case of Bank Guarantee, strictly in the format of Annexure-I, Amount                                 (ii)
      ` 5,000/-, validity as per tender document.
                                          Or                                                                       Or

      (iii) Notarized copy of certificate towards exemption of Bid Security / EMD.                                (iii)

4. Power of Attorney along with authority of executants.                             To be submitted in hard
                                                                                       copy and uploaded
                                                                                             online.
5. ECS Form                                                                           To be uploaded online
                                                                                          duly filled in.
6. PAN - Copy of PAN card                                                             To be uploaded online
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. Schedule of Quantities & Prices i.e. Financial Bid (Price Bid)                   To be filled online



                                                        Page 26 of 97
                                   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----------------------------------------------------




                                                    Page 27 of 97
                                                                                               ANNEXURE-I

Bank Guarantee in Lieu of Bid Security / Earnest Money Deposit (EMD) Bank Guarantee


                                                                           Date: __________
[Name of Contract]

To:
NHPC Limited
NHPC Office Complex
Sector-33, Faridabad (Haryana) -121003 (India)

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
                                                Page 28 of 97
..........., 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




                                                                 Page 29 of 97
                                        (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 issue of Supply Order)


                              PRE - CONTRACT INTEGRITY 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 _____________________________________________ (Name of the work/ goods/
 services)     and    the   Bidder/Contractor is  willing  to   offer    against    NIT
 No.___________________________________________________.


  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

                                             Page 30 of 97
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 themselves to observe the following principles during
        participation in the tender process and during contract execution:-

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.



                                               Page 31 of 97
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, when presenting their bid, disclose any /all payments
       made, is commited to or intends to make to agents, brokers or any other intermediaries,
       in connection with this bid/award of the 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 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
                                               Page 32 of 97
       interest/ stake in the Bidder(s)/ Contractor(s) firm (excluding Public Limited 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.
3.14 The representative of the Bidder(s)/ Contractor(s) signing Integrity Pact shall not approach the
      Courts while representing the matters to IEMs and he/she will wait their decision in the matter.
3.15 In case of sub-contracting, the bidder shall take the responsibility of the adoption of IP by the
      sub-contractor.


4.0     PREVIOUS 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, before award or during execution by the Bidder/
        Contractor or any one employed by it or acting on its behalf such as to put their reliability or
        credibility in question 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:
        ·      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.
        ·      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.
        ·      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

                                               Page 33 of 97
                         Employer shall be entitled to deduct the amount so payable from the money(s) due to
                         the Bidder/ Contractor.
                  ·      Deleted.
                  ·      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.
                  ·      Deleted.
                  ·      To debar the Bidder/ Contractor from participating in future bidding processes of NHPC
                         Limited as per provisions of "Guidelines on Banning of Business Dealings" of
                         NHPC Limited (Annex-A), which may be further extended at the discretion of the
                         Employer.
                  ·      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.
                  ·      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.
                  ·      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.

·             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.

    ·         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.            INDEPENDENT EXTERNAL MONITOR(S):
        7.1     The Employer has appointed Independent External Monitors (hereinafter referred                 to
                 as Monitors) for this Pact after approval by 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. The monitors report to CMD, NHPC

        ·        Both the parties accept that the Monitors have the right to access all the contract documents
                 relating to the project/ procurement, including minutes of meetings, whenever required. The
                                                        Page 34 of 97
      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 / she
      will so inform CMD, NHPC and request NHPC Limited 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 / her request and
      demonstration of a valid interest, unrestricted and unconditional access to there 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. The Monitor has also signed declaration on `Non-
      Disclosure Agreement' and of `Absence of Conflict of interest'. In case of any conflict
      of interest arising at an later date, the IEM shall inform CMD, NHPC and rescues himself
      / herself from that case.

·     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.

      ·      The Monitor will submit a written report to the CMD, NHPC Limited 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.

            · 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.


                                             Page 35 of 97
       ·         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 expires for the
       Contractor 12 months after last payment under the contract, and for all other Bidders 6
       months after the contract has been awarded. Any violation of the same would entail
       disqualification of the bidders and exclusion from business dealings.
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.


11.3   Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.


11.4   In the event of any contradiction between Integrity Pact and its Annexure, the clause
       in Integrity Pact will prevail


 For & On behalf of the Employer.                    For & On behalf of the Bidder / Contractor


 (Office Seal)                                                   (Office Seal)

 Place__________                                                 Place_______

 Date___________:                                                Date________



 Witness1.___________                                            Witness1._________

 (Name and address)                                              (Name and address)



 2. _______________________                                      2. _______________________

   (Name & address)                                                  (Name & address)
                                               Page 36 of 97
                                                                  Annexure-A to Integrity Pact


                       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 or 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.

                                            Page 37 of 97
      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 GM and below)
                  Competent Authority: Head of the Unit not below the rank of Chief
                   Engineer/Chief
                  Appellate Authority: Next higher authority
      iv)    "Investigating Committee" shall mean a Committee appointed by Competent
             Authority to conduct investigation.
4.0    Initiation of Banning / Suspension
       Action for Suspension / Banning Business Dealings with any Agency shall be initiated
       by the department responsible for invitation of Bids/Engineer-incharge 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
      .


                                           Page 38 of 97
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 of suspension of business dealing is placed at Appendix­ I

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 fulfill 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
                                            Page 39 of 97
       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 Contract. The level of the committee members shall be GM and above for works
   falling in the competency of CMD/ Board of Directors, Chief Engineer/Chief and above for
   the works falling in the competency of Director/ Executive Director and SM/M with at least
   one member of the level of Chief Engineer/Chief for works falling in the competency of GM
   and below.
7.2   The order of Banning of Business Dealings 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 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.

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 15days of its issuance. Further, the
                                           Page 40 of 97
      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 within 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 thereto, shall be
      communicated to the Agency concerned along with a reasoned order. The fact that the
      representation 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
      intimation 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, the banning
      would be operative for a period of 3 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%.
                                           Page 41 of 97
      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 / EMD / 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
                                             Page 42 of 97
      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 of banning to IT&C Division of Corporate Office for displaying the
      same on the NHPC website.
8.0   Appeal 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 within
      30 (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.


                                        ******************




                                           Page 43 of 97
                                                                                          Appendix­I
                   (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:
                                               Page 44 of 97
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/Subcontractor 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.
         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.
c)       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


                                           Page 45 of 97
                                                                   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




                                                         Page 46 of 97
                                                                                    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 Banning of Business Dealings


Dear Sir,

Whereas the work of ''''. was awarded to your firm vide letter of award no 'dtd'.. amounting to `
''''. 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.
                                               Page 47 of 97
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/SubContractor 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.

                                      Page 48 of 97
 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


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




                                              Page 49 of 97
                                                                                     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
                                                 _________



                                                  Page 50 of 97
                                                                         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 (AnnexA) to Integrity Pact, ITB Clause
9.0 of Tender Document.


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.




                                            Page 51 of 97
                                                                              ANNEXURE-IV
                                                           (to be filled and uploaded online)



                                   PAST EXPERIENCE

Details of   No.     Value of   Contractual  Actual    If order is Reasons Name and
 similar     and     Contract     date of    date of       under     for      complete
 works     date of              completion completion execution,   delay, if address of
 carried    order                (Month &   (Month & percentage      any         the
   out                             Year)      Year)   of supplies             customer
                                                      completed
                                                      till date




 Station:
 Date:                                       For & on behalf of _
                                             Signature          :_
                                             Name               :     _____
                                             Designation        :_     _____                (of
                                          the authorized representative of the bidder)

                                             Official Seal of the Company:




                                          Page 52 of 97
                                                                                    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 covered 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        :


                                          Page 53 of 97
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:




                                       Page 54 of 97
                                                                                         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



                                                       Page 55 of 97
                                                                                      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 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)



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




                                                Page 56 of 97
                                                                                 Annexure-VIII
                                                             (to be filled and uploaded online)

DECLARATION REGARDING APPLICABILITY OF START-UPs UNDER STARTUP 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)




                                          Page 57 of 97
                                                                                     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 Declaration exactly in 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 We hereby declare that information bid furnished with Bid is correct
              in all respect.




                                                                        Signature & Seal of Bidder



                                               ************




                                              Page 58 of 97
       SECTION ­ II
CONDITIONS OF CONTRACT




          Page 59 of 97
                          SECTION ­ II: CONDITIONS OF CONTRACT


1.0    NAME OF WORK: "Consultancy service for Up-Gradation of IMS documents of ISO
      18001:2007 to comply with latest standard ISO 45001:2018 and conducting internal
      auditors training programme in accordance to the latest ISO standards on ISO
      9001:2015, ISO 14001:2015 and ISO 45001:2018"
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
      state/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.
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.

                                           Page 60 of 97
         The contract shall furnish a certificate along with interim Payment Certificate/ Final
         payment certificate the 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 04 (Four) Months 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 @ ` 1.5 times of minimum wages per day [
           indicate suitable rate ] and the same shall be recoverable from the bill.
      4.2 The Contractor shall provide the minimum staff 16 Nos. [04 Nos. Skilled, 04 Nos. Semi-Skilled,
         8 Nos. Un-Skilled] for the work for Monsoon period and 10 Nos. [02 Nos. Skilled, 04 Nos. Semi-
         Skilled, 4 Nos. Un-Skilled] for Non-Monsoon period otherwise recovery shall be made from
         the Monthly bills at the rate as follows:-


                i.   For Skilled     = ` 551.00 per day per head. ­ 4 Nos.

                ii. For Semi- Skilled = ` 457 .00 per day per head ­ 4 Nos.

             iii. For Un- skilled    = ` 390 .00 per day per head ­ 8 Nos.

                                                                Total= 16 nos
            [        Indicate appropriate category of labour & amount         ]

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

                                                Page 61 of 97
      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-incharge 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 to the issuing Bank for online
      confirmation of Bank Guarantee to be submitted in terms of this clause:
      Name of the beneficiary: NHPC Ltd
      Account No.: 11168586412
      IFSC Code: SBIN0000184
      Address of the Bank: Hill Cart Road, Siliguri
      (The blank space may be filled as per the Bank details for Corporate Office / Project
      / Power Station / Regional Office / Liaison Office as the case may be and
      confirmation of same may be done in line with the Circular No. Misc./271 dated
      04.05.2016 of Finance division available on Finance Section of Intranet Corner).

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 nonperformance 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.









                                        Page 62 of 97
      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:
      Head of Project TLD-III PS / Head of Division, NHPC LTD or his authorized
      representative 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.

      Sr. Manager (HR) ­ HR Division - TLD-IIIPS, NHPC LTD or his authorized shall be
       the Engineer-In-Charge of the aforesaid contract.
      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:

                                        Page 63 of 97
       Sr. Manager (Finance), NHPC LTD., TLD-IIIPS,

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.

                                        Page 64 of 97
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:

                                         Page 65 of 97
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.
                                          Page 66 of 97
      (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)
                                   Page 67 of 97
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
                                 Page 68 of 97
          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:
                                            Page 69 of 97
      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 Subcontractor
      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 Subcontractor
      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
                                       Page 70 of 97
     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:

                                      Page 71 of 97
       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

                                         Page 72 of 97
       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


                                          Page 73 of 97
       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.

                                        Page 74 of 97
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.
                                          Page 75 of 97
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 Engineer­
       in­charge 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
                                         Page 76 of 97
    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.
PAYMENT ON ACCOUNT:
25.0   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).
25.1   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.
25.2   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.
25.3   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.
25.4   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.
25.5   Statutory taxes like Income Tax, Work Contract Tax etc. as applicable in the State
       shall be deducted from payment.
25.6   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.


                                          Page 77 of 97
       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 F6A 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.

                                        Page 78 of 97
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
                                        Page 79 of 97
       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 ----------------- (Name of Arbitration
       Institution) in accordance with the rules of arbitration of the -------- (Name of
       Arbitration Institution). 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.




                                          Page 80 of 97
       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
Contractor 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

                                           Page 81 of 97
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.

                                          **************




                                         Page 82 of 97
Page 83 of 97
                                                                                         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:
NHPC Limited,
NHPC Office Complex, Sector-33,
Faridabad, Haryana-121003(India)

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.


                                               Page 84 of 97
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 declares that this Bank Guarantee is issued by the bank, utilizing the credit
limit of M/s................................(name of contractor) and 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)




                                                          Page 85 of 97
     ................................................            .................................................
                (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.

                                                        Page 86 of 97
                                                                            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,
       FARIDABAD121003, 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 form an integral
part of this contract as shall 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

                                            Page 87 of 97
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 the Employer) (For and on behalf of the Contractor)




In the presence of                                In the presence of

1.                                                1.




                                    ****************




                                        Page 88 of 97
           SECTION ­ III
SPECIAL CONDITIONS OF CONTRACT
               (SCC)




              Page 89 of 97
                                                                                                     Annexure-A


                    SCOPRE OF WORK /SPECIAL CONDITIONS OF CONTRACT


Name of Work: - "Consultancy service for Up-Gradation of IMS documents of ISO 18001:2007 to
comply with latest standard ISO 45001:2018 and conducting internal auditors training programme
in accordance to the latest ISO standards on ISO 9001:2015, ISO 14001:2015 and ISO 45001:2018".

1.0     SCOPE OF WORK
        (i)   Providing Consultancy Services for Up-gradation of IMS Documents of ISO 18001:2007 to comply
              with latest standard ISO 45001:2018 for TLD-IIIPS
        (ii)  Conducting of internal Auditors Training Programme in accordance to latest ISO standards i.e, ISO
              9001:2015, ISO 14001:2015 & ISO 45001:2018 and issue qualification certificates for 20 (Twenty)
              participants at TLD-III PS, Rambi (WB)
        (iii) Shadow audit for ISO 9001 : 2015, ISO 14001:2015 & ISO 45001:2018

2.0    QUALIFICATION CRITERIA:
       Firm should have minimum experience of at least 05 years in the similar nature of work. The firm should have
       executed the consultancy work at least at one location for providing Consultancy services in upgradation from
       ISO 18001:2007 to ISO 45001:2018 version.
       The firm should have certificate of incorporation under Companies Act for similar work
       Similar Work: Any consultancy work of up-gradation of ISO 18001:2007 to ISO 45001:2018 version and
       Training Programme accordance to latest ISO standards of ISO latest standards ISO 9001:2015, ISO
       14001:2015 & 45001:2018.
3.0    Travel cost of consultants (maximum 02 person) shall be reimbursed (by Air-Economy Class/ 2nd AC- by Rail)
       as per actual against documents proof from location of firm to this TLD-III PS through shortest route only.
       Lodging/ boarding shall be arranged by NHPC free of cost at TLD-IIIPS
4.0    Completion Period: All activities as per scope of work shall be completed within 04 months from the date of
       singing of agreement for this contract. The completion time will be essence of this contract.
5.0    Time Frame:
       Module-(i) 1.5 months from the date of signing of agreement
       Module-(ii) within 1.5 months after completion of module-1
       Module-(iii) within 1 month days after completion of module-2
6.0    PAYMENT TERMS: 100% payment shall be made on successful completion of all activities as per scope of
       work and against submission of PBG and bill.
7.0    Organization Overview: As per Annexure ­B
8.0    ENGINEER-IN-CHARGE: Sr. Manager (HR), TLD-IIIPS, NHPC Limited., Rambi shall be the Engineer in
       Charge on behalf of Corporation.
9.0    Warranty: Valid till 03(three) months beyond the contract period as mentioned in the work order.
10.0   Performance bank Guarantee: 10% of Contract Value valid till 03 months beyond the contract period

Rest all other terms & condition may be incorporated in NIT as per standard & prevailing norms of NHPC

                                                  Page 90 of 97
                                                                                                     ANNEXURE-B
  FUNCTIONS OF VARIOUS DIVISIONS IN TLD-III PS, RAMBI
            The brief description of each division, with its functional areas is given as under.
  Contracts & Procurement
   Procurement of all the items pertaining to Teesta Low Dam-III Power Station.
- Preparation of tender documents which includes, General & Special Conditions of Contract, Technical Specifications
  etc., Invitation of tender through e-tender mode for case more than Rs 10,00,000/- & above, their evaluation and award
  of various contracts.
- Procurement of electrical and mechanical plant, equipment and their spares and bulk requirements of cement, steel etc.,
  imports if any and award of electrical and mechanical works contracts etc.
   IT & Communication
  Providing total support to cater the information technology requirements of the organisation by way of development,
  implementation and maintenance of computerized systems in the functional areas such as E&M, Store, Mechanical,
  Facility Management Division, Civil works and RRT, Hydro mechanical, Finance & Human Resources of the power
  station.
  -         Maintenance of all computers and its accessories in the power station.
  -         Maintenance of all communication equipment in the power station.
  -         Operation & Maintenance of CCTV, SCADA system etc in the power station.
  -         Enterprise Resource Planning (ERP) in the power station.
  Electrical & Mechanical Division (Power House)
      Generation of Electricity.
  - Monitoring and providing technical assistance in operation and maintenance of power house of the power stations.
  - Planning & scheduling of preventive maintenance of Power Plants including life extension of generating equipment.
  - All other aspects regarding improvement of the performance of the power plant.
  Hydro-Mechanical Division.
  - Maintaining the desired reservoir level to facilitate commercial power generation.
  - Running and maintenance of various Hydro-mechanical components of the power station including Spillway radial
      gates and various other sliding gates & hoist along with associated gantry cranes.
  - Inventory management and procurement of spares to meet timely maintenance requirements.
  Facility Management Division (Civil)
  - Repair and maintenance of the residential colony, Guest House and field hostel of the power station.
  - Preparation of estimates for the various civil works and CSR activities carried out in the power station.
  - All Construction works.
  - Repair & maintenance jobs such as water supply, sanitation, civil work including housekeeping works & supply of
      toiletries.
  - Horticulture at Residential Colony & related Roads.
  - Sewerage system.
  Facility Management Division (Elect)
  - Maintenance and restoration of electricity in the residential colony, Guest House and field hostel of the power station
      and other related areas.
  - Erection and commissioning of 33 KV substation at power area.
  - Operation and maintenance of utilities i.e DG Set, Air conditioning System etc.
  - Supply and maintenance of Light system for Teesta Bazar and 29th Mile.



                                                      Page 91 of 97
Finance
  -Budget preparation, exercising budgetary control, financial management information system, compilation of
  financial accounts, internal audit and auditing statutory auditor, CAG audit and cost audit and also physical
  verification.
- Operation of financial contracts, concurrence/ vetting of financial proposals including compliance of all tax laws and
  further statutory compliance of all laws relating to financial accounts.
- Proper maintenance of financial records, passing of bills, authorizing payments, maintenance of cash and bank
  management, preparation of balance sheet and P&L a/c, MIS and other statutory records.
Human Resource
  Manpower planning and Development of Human Resources to maintain peaceful industrial relations, career growth,
  self-realization and job satisfaction of its employees so as to create a well-knit team of dedicated employees to meet
  the challenges of corporate objectives.
- HR Department has also been entrusted the work of Corporate Social Responsibility, Training & HRD, works
  pertaining to Hindi Section, Public Relation, in addition to that all HR functions i.e. Establishments, IR, Court Cases,
  T&HRD, CISF & Private Security matters, Kendriya Vidyalaya, etc.
- Godrej Partitioning works.
- Allotment Residential Colony & Guest Houses.
- Ensure the compliance of labour laws in the power station.

Training & Human Resources Development
 Organising management and skill up gradation training programme, refresher courses / workshops on hydropower
 development and specialized technological development training programme in various fields like Civil, Electrical
 and Mechanical and other programmes.
Vigilance Division
 Vigilance Division besides dealing with vigilance cases gives thrust to preventive vigilance measures/ anti-
 corruption works to maintain purity and efficiency in the organisation.
Law
Handling court cases of the TLD-III PS and assistance in arbitration cases, vetting of all legal documents including
 contract packages, extending advice, interest bearing advances and assistance in compliance of various laws
 except companies and Income Tax Act.
Barrage/Power House Civil
- All civil construction works of structures of Barrage and Power House, water conductor system and under-ground
  structures such as Tunnels, surge shaft, pressure shaft and Hydro mechanical structures such as gates, penstocks,
  steel liners etc.
- The detail design includes analysis of structures with static and dynamic loads, Steady and transient hydraulics,
  hydrology and sedimentation studies, power potential studies, reservoir operation etc.
- RRT works of TLD-III PS.
- Petrographic studies of rock, photogeological/remote sensing studies, Rock strength measurement etc.
- Arbitration cases.
- Preparation of Resettlement & Rehabilitation Master Plans, Compensatory and Forestation Plans.




                                                   Page 92 of 97
Technical Division
- Monitoring of various activities of the power station regard to Physical, financial & resources.
- Co-ordination among functional divisions of TLD-III PS for various works such as mobilization of resource,
  manpower, machines & materials etc.
- Vetting of estimates with regard to technical specifications.
- Compilation and submissions of various report and data to the concerned.
- To organize coordination meeting & other meetings to review the progress of work and to speed up the decisions &
  to resolve the pending issues related to the power station.
- Preparation of PSR.

Project Dispensary
- Medical treatment of all the employees of the power station and free check-up of patients in and around the
  project area.
- Associating in medical camps and CSR activities related to health.
- Referring/recommending of employees for Direct Payment Scheme related to health.
- Compulsory medical check-up of all the employees who have attained the age of 40 yrs.

Store Complex
- Storage of electrical and mechanical plant, equipments and their spares and bulk requirements of cement, steel
etc., imports if any etc.
- Issuing of Materials as and when required by the departments.
- Issuing of GR and MIN.
- Disposal of items under their control.
- Issuing of POL to departmental vehicles as well as to the vehicles engaged on contract basis.




                                                Page 93 of 97
                                                                                  Annexure-c
                             Technical Specifications

Name of Work: - "Consultancy service for Up-Gradation of IMS documents of ISO 18001:2007 to
comply with latest standard ISO 45001:2018 and conducting internal auditors training programme
in accordance to the latest ISO standards on ISO 9001:2015, ISO 14001:2015 and ISO 45001:2018".




                                          Page 94 of 97
           SECTION ­ IV
SCHEDULE OF QUANTITIES & PRICES




              Page 95 of 97
                                                              Section ­ IV: -Schedule of Quantities & Prices
Sub: - "Consultancy service for Up-Gradation of IMS documents of ISO 18001:2007 to comply with latest standard ISO 45001:2018 and conducting internal
auditors training programme in accordance to the latest ISO standards on ISO 9001:2015, ISO 14001:2015 and ISO 45001:2018"
                                                              NIT No.-NH/TLD-IIIPS/Cont./R-931/1434            Dated 25.11.2019
                                                          (Price Bid in this format is to be filled online in Excel format in Cover-II)


                                                                                                                                                                                 Total
                                                                                                                            Amount                   Unit Rate       Total
                                                                                              Unit Rate                                    Total                                 price
                                                                                                               Perce       of Taxes                  including      Amount
                                                                                              Excluding                                   Amount                              including
                                                                                                               ntage       & Duties                   taxes &       Excludi
                                                                                  Fixed        Taxes &                                       of                                taxes &
  Sl.                                                                                                          (%) of        of one                    duties          ng
                    Item Description                  Quantity       Units        Rate          Duties                                    Taxes &                               duties
  No.                                                                                                          applic      unit (INR)                  F.O.R.       Taxes &
                                                                                  (Rs.)         (INR)                                      Duties                               F.O.R.
                                                                                                                able         8=7x6                  destination      Duties
                                                                                                                                           (INR)                              destinatio
                                                                                                                GST                                    (INR)         (INR)
                                                                                                                                           9=8x3                                n (INR)
                                                                                                                                                      10=8+5        11=5x3
                                                                                                                                                                               12=3x10
  1                         2                            3             4            5              6             7             8            9           10            11          12
        Up-Gradation of IMS documents of
        ISO 18001:2007 to comply with
        latest standard ISO 45001:2018
        and conducting internal auditors
  1     training programme in accordance                 01           No.                                                          0.00      0.00            0.00      0.00        0.00
        to the latest ISO standards on ISO
        9001:2015, ISO 14001:2015 and
        ISO 45001:2018"


Note:
  I)    All applicable taxes & duties including GST, other levies and charges etc. on above item have been mentioned in this schedule. The reimbursement of total taxes & duties shall
  be restricted to the total amount in 9 of this schedule subject to Clause No.2.4 of Terms & Conditions of Contract (T&C).
  II)   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 supplies are complied. Further, it is confirmed that no other charges would be payable by NHPC, in connection
  with our execution of the resultant Purchase Order.
  III) The "Contract price" shall mean the total Price mentioned in Col.12.




                                                                                        Page 96 of 97
                                         SECTION - V

                                   SAFETY MANUAL

Safety manual of the corporation shall be integral part of this document. The safety manual can be seen
in the office of Engineer-in-Charge on any working Day. Upon request of the bidder, the same can be
forwarded through e-mail after receiving of photocopy /scanned copy of the payment receipt towards
cost of tender documents purchased/downloaded from the internet. The bidder should also forward the
details of e-mail, on which he demands the copy of safety manual.




                                                                                  Sr. Manager (P&C)




                                             Page 97 of 97

Home | About Us | Terms and Conditions | Contact Us
Copyright 2019 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting