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
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SECTION 0
NOTICE INVITING TENDER
(NIT)
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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
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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.
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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.
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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
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SECTIONI
INSTRUCTIONS TO BIDDERS
(ITB)
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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.
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(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
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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,
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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)
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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
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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----------------------------------------------------
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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
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..........., 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
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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.
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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
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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
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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
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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.
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· 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)
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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.
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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
.
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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
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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
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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
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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.
******************
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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.
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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.
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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)
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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.
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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
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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.
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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:
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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.
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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:
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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.
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(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)
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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
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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:
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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
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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:
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
**************
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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.
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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)
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................................................ .................................................
(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.
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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
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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.
****************
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SECTION III
SPECIAL CONDITIONS OF CONTRACT
(SCC)
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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
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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.
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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.
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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.
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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".
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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.
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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)
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