Specification. No.: NCN0069 This document consists of following:

के ं द्रीकृ त प्रापण कक्ष /Centralized Procurement Cell (CPC)

“पावरग्रिड के पग्रिमी क्षेत्र-I में 24 महीन ों के ग्रिए चार सबस्टेशन ों की गग्रिग्रवग्रिय ों के सोंचािन और रखरखाव की आउटस ग्रसिंग”/

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID”

Sl. No.	List of documents	Remarks/ Formats as
1.	Buyer Added Additional Terms and Conditions (ATC)	Sl. No. 1 to 25
2.	Format for Information regarding Ex-Employees of POWERGRID in bidder’s organization	Form No. 1
3.	Format for Self-Certification regarding Minimum Local Content in line with PPP-MII Order (To be submitted on Letter-head of Bidder).	Form No. 2
4.	Certificate from statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of Local Content, in line with PPP-MII order and MoP order, if applicable [to be submitted on the letter head of the issuer.]	Form No. 2A
5.	Format for Certification by the Bidder per order no. F.No.6/18/2019-PPD dated 23/07/2020 issued by Public Procurement Division, Department of Expenditure, Ministry of Finance, Government of India (DoE Order)	Form No. 3
6.	Format for Declaration by the bidder regarding events encountered pursuant to “Buyer added ATC clause 2. (II)”.	Form No. 4
7.	Bid Securing Declaration	Form No. 5
8.	Declaration by the bidder for ‘Code of Integrity for Public procurement	Form No. 6
9.	Declaration by the bidder regarding adherence to the POWERGRID Whistle Blower and Fraud Prevention Policy	Form No. 7
10.	Format for Information for e-payment, Provident Fund (PF) details and declaration regarding Micro/Small & Medium Enterprises (Scanned copy of Sample Cheque (Cancelled) shall also be uploaded).	Form No. 8
11.	Undertaking for submission of Soft/Hard Copy	Form No. 9
12.	Qualifying requirements for Bidders	Annexure-QR
13.	Checklist of list of documents to be submitted	Checklist

List of documents Page 1

Buyer Added Additional Terms and Conditions (ATC)

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months

in Western Region-I of POWERGRID.” Specification. No.: NCN0069

The following bid specific data shall amend and/or supplement the provisions in the GEM GTC

Sl. No.

GTC Clause

Ref. No.

Amendment/Supplement to GTC

GTC Clause 2(f)

Supplementing GTC Clause 2(f) with the following:

Buyer shall also mean POWERGRID/Employer/Owner.

GTC clause 4.0, xiii(g)

Supplementing GTC clause 4.0, xiii(g) with the following:

(I) This Invitation for Bids, issued by the Employer is open to all firms including company(ies), Government owned Enterprises registered and incorporated in India as per Companies Act, 1956, barring Government Department as well as foreign bidders/MNCs not registered and incorporated in India and those bidders with whom business is banned by the Employer.

(II) POWERGRID has a Policy on Assessment of Performance of bidders before recommending a bidder for award of Contract. For this purpose, performance of bidder based on events (pre- defined events) encountered during execution of contract(s) (Own as well as Consultancy) awarded by POWERGRID (including SPVS under TBCB) shall be considered. In case of triggering of these events, the bids from such bidders shall be considered non-responsive/ not eligible for a period of one year reckoned from the date of issuance of letter to such effect. As per this policy, pre-defined events are as below:

(a) Termination# of Contract due to Contractor’s default

(b) Encashment of CPG due to non-performance

Sl. No.

GTC Clause

Ref. No.

Amendment/Supplement to GTC

(d) Substantial portion of works (more than 50% of the Contract*) is sub-contracted, under an existing Contract

(e) More than 25% of the Contract price (awarded value), in aggregate, is paid to sub-contractors/ contractors as Direct payment, under an existing Contract, due to financial position of Contractor

(f) Firm has been referred to NCLT under Insolvency & Bankruptcy Code (IRP has been appointed or Liquidation proceedings have been initiated under IBC)

# Partial offloading under a Contract and/or Facilitation beyond 10% of the Contract Price shall also be treated as Termination.

* For the purpose of working out 50% of the Contract, following shall be considered:

(a) Scope of the contract which is permissible to be sub- contracted as per bidding documents, shall be excluded.

(b) Scope of the Contract which primarily relates to the Qualification Requirement (QR) of the bidder.

The Employer shall be the sole judge in this regard and the Employer’s interpretation on the aforesaid event(s) shall be final and binding.

In accordance with above policy of POWERGRID, in case of triggering of any of the above events under this Contract, the bid of the Contractor in future tenders shall be dealt in line with the above policy or its subsequent amendments, if any.

GTC clause 4.0, xiii(g)

Supplementing GTC clause 4.0, xiii(g) with the following:

(a) Bidder shall have to fill and upload the following forms along with their bid:

(b) Information regarding Ex-Employees of POWERGRID in

bidder’s organization (Refer Form No. 1).

(To be submitted on Letter-head of the Bidder).

(Refer Form No. 2).

NOTE: ONLY CLASS-I LOCAL SUPPLIERS ARE ELIGIBLE

TO BID (MINIMUM LOCAL CONTENT ≥ 60%)

Sl. No.

GTC Clause

Ref. No.

Amendment/Supplement to GTC

(d) Certificate from statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of Local Content, in line with PPP-MII order and MoP order, if applicable [to be submitted on the letter head of the issuer.] (Refer Form No. 2A).

(e) Certification by the Bidder per order no. F.No.6/18/2019-PPD dated 23/07/2020 issued by Public Procurement Division, Department of Expenditure, Ministry of Finance, Government of India (DoE Order) (Refer Form No. 3).

(f) Declaration by the bidder regarding events encountered pursuant to Buyer added ATC clause 2. (II) (Refer Form No. 4).

(g) Bid Securing Declaration (Refer Form No. 5).

(h) Declaration by the bidder for ‘Code of Integrity for Public

procurement’ (Refer Form No. 6).

(i) Declaration by the bidder regarding adherence to the POWERGRID Whistle Blower and Fraud Prevention Policy (Refer Form No. 7).

(j) Format for Information for e-payment, Provident Fund (PF) details and declaration regarding Micro/Small & Medium Enterprises (Scanned copy of Sample Cheque (Cancelled) shall also be uploaded). (Refer Form No. 8).

(k) In addition to the attachments/ documents identified above scanned copy of following documents shall also be uploaded.

(i) PAN card

(ii) GST registration certificate

(l) Undertaking for submission of Soft/Hard Copy (Refer Form No. 9).

(m)The Bidders have to upload the scanned copy of the signed

Buyer specific Integrity Pact along with the bid in GeM

Sl. No.	GTC Clause Ref. No.	Amendment/Supplement to GTC
		Portal. This Integrity Pact is to be prepared on a non- judicial stamp Paper of Rs.100/-. The Format of Integrity Pact is enclosed in “Buyer Added Bid Specific Terms and Conditions” of GeM Bid. (n) The evaluation of bids submitted by bidders shall be carried out based on the submission of soft copies of the document. However, the successful bidder shall submit the Original hard copy of buyer specific Integrity pact within 10 days of award of contract, at the buyers at address mentioned below: Power Grid Corporation of India Ltd., Centralized Procurement Cell, NR3-III-RHQ, Plot No 2A/INS02, Awadh Vihar Yojana Xxxx Xxxxxxx Path, Lucknow – 226002 (Uttar Pradesh) (o) Failure of the successful bidder to submit the aforesaid hard copies shall be considered as withdrawal of bid and Employer shall take necessary action as per the provisions of the bidding documents.
4.	GTC clause 4.0, xiii(m)	Supplementing GTC clause 4.0, xiii(m) with the following: (a) All the bidders have to submit Bid Securing Declaration (Refer Form No. 5) against Bid Security
5.	GTC clause 4.0, xiii(m) (i)	Supplementing GTC clause 4.0, xiii(m) (i) with the following: The Ministry of MSME vide S.O. 4926 (E) dated 18.10.2022 has notified that in case of an upward change in terms of investment in plant and machinery or equipment or turnover or both, and consequent re- classification, an enterprise shall continue to avail of all non-tax benefits of the category (micro or small or medium) it was in before the re-classification, for a period of three years from the date of such upward change
6.	NIL	MSE PURCHASE PREFERENCE If a bidder is a MSE (based on the documents submitted in the Bid) but has not claimed for "MSE Purchase Preference" in GeM for the specific package, MSE purchase preference shall not be extended as illustrated below: a) MSE Bidder is not L1

Sl. No.	GTC Clause Ref. No.	Amendment/Supplement to GTC
		In case an MSE Bidder (based on the documents submitted in the Bid) is not a LI Bidder and further has not claimed "MSE Purchase Preference" in GeM for the specific package, GeM considers them as Non MSE Bidder and the GeM algorithm does not send request to the bidder for matching the prices. Accordingly, purchase preference shall not be extended to such MSE Bidders as per the GeM procedures/policies. b) MSE Bidder is L1 In case an MSE Bidder (based on the documents submitted in the Bid) is Ll Bidder and further has not claimed "MSE Purchase Preference" in GeM for the specific package, GeM considers the Bidder as Non MSE Bidder and mandatorily gives option to send price match request to other eligible MSE bidders (falling within %15 of L-1 bidder). Based on the outcome of the price matching, Ll Bidder is displayed in the Portal for POWERGRID to take a decision on whom to award the package. In such a case, the Bidder shall be treated as Non-MSE bidder as per the GeM procedures/policies.
7.	GTC clause 4.0, xiii(n)	Supplementing GTC clause 4.0, xiii(n) In case of dishonoring the conditions as given below, the bids from such bidders shall be considered as non-responsive for any package whose originally scheduled date of bid opening/actual date of bid opening (First Envelope or Second Envelope) falls within the specified period of non-responsiveness/ineligibility. This period of ineligibility shall be 1 year reckoned from the date of issuance of communication from the Employer to this effect. (a) If the Bidder withdraws its bid during the period of bid validity specified by the Bidder in the Bid; or (b) If it comes to notice that the information / documents furnished in its bid is false, misleading or forged; or (c) Fails to furnish requisite performance security/ PBG within stipulated time required as per e-bid / RA conditions. (d) In case the successful bidder fails to commence the execution of contract after award of Contract
8.	GTC clause 4(xiii)(u)	Supplementing GTC clause 4(xiii) with the following: The Purchaser reserves the right to conduct e Reverse Auction (e-RA) for further reduction in the price. In case e-RA is conducted, same shall be

Sl. No.

GTC Clause

Ref. No.

Amendment/Supplement to GTC

done on GeM Portal as per GeM’s Bid (i.e, Bid to RA with 50% elimination rule) and GeM’s General Terms & Conditions (GTC).

NIL

Code of Integrity for Public Procurement (CIPP)

1.1. Employer as well as bidders, suppliers, contractors and consultants should observe the highest standard of ethics and should not indulge in the following prohibited practices, either directly or indirectly, at any stage during the procurement process or during execution of resultant contracts:

i) “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or gifts or any material benefit, in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process or contract execution;

ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or attempt to mislead so that financial or other benefits may be obtained or an obligation avoided. This includes making false declaration or providing false information for participation in a tender process or to secure a contract or in execution of the contract;

iii) “Anti-competitive practice”: any collusion, bid rigging or anti- competitive arrangement, or any other practice coming under the purview of The Competition Act, 2002, between two or more bidders, with or without the knowledge of the Employer, that may impair the transparency, fairness and the progress of the procurement process or to establish bid prices at artificial, non-competitive levels;

iv) “Coercive practice”: harming or threatening to harm, persons or their property to influence their participation in the procurement process or affect the execution of a contract;

v) “Conflict of interest”: any personal, financial, or business relationship between the bidder and any personnel of the procuring entity who are directly or indirectly related to the procurement or execution process of the contract, which can affect the decision of the procuring entity directly or indirectly.

Sl. No.

GTC Clause

Ref. No.

Amendment/Supplement to GTC

vi) “Undue Advantage”: improper use of information obtained by the bidder from the procuring entity with an intent to gain an unfair advantage in the procurement process or for personal gain. This also includes if the bidder (or his allied firm) provided services for the need assessment/ procurement planning of the tender process in which it is participating;

vii)“Obstructive practice”: materially impede the Employer’s investigation into allegations of one or more of the above mentioned prohibited practices either by deliberately destroying, falsifying, altering; or by concealing of evidence material to the investigation; or by making false statements to investigators and/or by threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or by impeding the Employer’s rights of audit or access to information.

1.2. Obligations for Proactive Disclosures

i) POWERGRID as well as bidders, suppliers, contractors and consultants, are obliged under Code of Integrity for Public Procurement to suo-moto proactively declare any conflicts of interest (coming under the definition mentioned above – pre- existing or as and as soon as these arise at any stage) in any procurement process or execution of contract. Failure to do so would amount to violation of this code of integrity; and

ii) Any bidder must declare, whether asked or not in a bid document, any previous transgressions of such a code of integrity with any entity in any country during the last three years or of being debarred by any other procuring entity. Failure to do so would amount to violation of this code of integrity.

iii) To encourage voluntary disclosures, such declarations would not mean automatic disqualification for the bidder making such declarations. The declared conflict of interest may be evaluated and mitigation steps, if possible, may be taken by POWERGRID. Similarly voluntary reporting of previous

transgressions of Code of Integrity elsewhere may be evaluated

Sl. No.

GTC Clause

Ref. No.

Amendment/Supplement to GTC

and barring cases of various grades of debarment, an alert watch may be kept on the bidder’s actions in the tender and subsequent contract.

1.3. Punitive Provisions: Without prejudice to and in addition to the rights of POWERGRID to other penal provisions as per the Bidding Documents or Contract, if POWERGRID comes to a conclusion that a (prospective) bidder/supplier, directly or through an agent, has violated this code of integrity in competing for the contract or in executing a contract, POWERGRID may take appropriate measures including one or more of the following:

i) if the bid(s) is under consideration in any procurement

a) Forfeiture or encashment of Bid Security

b) calling off of any pre-contract negotiations, and;

c) rejection and exclusion of the bidder from the procurement process

ii) if a contract has already been awarded

a) Cancellation/termination of the contract in question;

b) Forfeiture or encashment of Contract Performance Guarantee (CPG) of the contract in question;

iii) Provisions in addition to above:

a) Removal from the list of registered suppliers and banning/debarment of the bidder/contractor from participation in future procurements in line with POWERGRID’s policy for “Black-Listing of Firms / Banning of Business”.

b) In case of anti-competitive practices, information for further processing may be filed with the Competition Commission of India;

c) Initiation of suitable disciplinary or criminal proceedings against any individual or staff found responsible.

In pursuance to this policy, the Employer will have the right to require that the provision be included in Bidding Documents and in contracts, requiring Bidders, suppliers, and contractors and their sub-contractors to permit the Employer to inspect their

accounts and records and other documents relating to bid

Sl. No.	GTC Clause Ref. No.	Amendment/Supplement to GTC
		submission and contract performance under this project only and to have them audited by auditors appointed by the Employer.
10.	NIL	POWERGRID Whistle Blower and Fraud Prevention Policy: The Contractor/Bidder along with its associate/ collaborators/ sub- contractors/sub-vendors/consultants/service providers shall strictly adhere to the Whistle Blower and Fraud Prevention Policy of Employer displayed on its tender website xxxxx://xxxx.xxxxxxxxx.xx/xxxxxxxxxxxx/x/xxxxxxx.xxxx and xxxxx://xxx.xxxxxxxxx.xx/xxxxx.xxx/xx/xxxx-xxxxxxxxxxxxxxx. The Contractor/ Bidder along with their associate / collaborator / subcontractors / sub-vendors / consultants / service providers shall observe the highest standard of ethics and shall not indulge or allow anybody else working in their organization to indulge in fraudulent activities during execution of the contract. The contractor shall immediately apprise the Employer about any fraud or suspected fraud as soon as it comes to their notice.
11.	NIL	Pre-Bid Meeting: Pre-Bid Meeting shall be conducted on 21.11.2024 @ 11:00 am Venue: Centralized Procurement Cell, 0xx Xxxxx, Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx, Xxxx Shaheed Path, Near Medanta Hospital Lucknow- 226002 (UP)
12.	NIL	Additional Clause Qualification Requirement for Bidders The Employer will ascertain to its satisfaction whether Bidders determined having submitted substantially responsive bids are qualified, as per the Qualification Requirement specified herein below, to satisfactorily perform the contract. The Employer shall be the sole judge in this regard and the Employer’s interpretation of the Qualification Requirement shall be final and binding. The determination of Qualification of the bidder shall be based upon examination of the documentary evidence submitted by the Bidder in support of meeting the specified qualification requirement. This shall, however, be subject to assessment that may be carried out, if required, by the Employer as per the provisions of the bidding documents. The Employer shall be the sole judge in this regard.

Sl. No.	GTC Clause Ref. No.	Amendment/Supplement to GTC
		Only those bidders who are determined to be qualified shall be considered for further evaluation of bids and subsequent opening of Price bid
13.	NIL	Technical Specifications indicated in Bidding Document shall be duly signed and uploaded by the bidder in the technical bid on GeM portal, as a token of compliance to Technical Specifications.
14.	NIL	Clarification of Bids During bid evaluation, the Employer may, at its discretion, ask the Bidder for a clarification of its bid. In case of erroneous/non submission of documents mentioned below, the Employer may give the Bidder not more than 7 working days’ notice to rectify/furnish such documents, failing which the bid shall be rejected. Employer shall be sole judge in this regard. i. Documents related to/identified in Xxxxx added , Sl. No. 3, 12 & 13. ii. Integrity Pact (If applicable). iii. Online Payment acknowledgment towards Bid Security (in cases where online payment has been made prior to the deadline for submission of hardcopy part of the bids), iv. Documentary evidence with regard to registration with designated Authority of GoI under the Public Procurement Policy for MSEs including MSEs owned by General, SC/ST entrepreneurs or women entrepreneurs to be submitted by the Bidder as per the provisions of the Bidding Documents, v. The request for clarification and the response shall be through tendering portal, and no change in the price or substance of the bid shall be sought, offered or permitted. The Employer will carry out evaluation of documents submitted in support of meeting the qualifying requirements and decide upon qualification of the bidders on the basis of those documents. Bidders are advised to take utmost care that all necessary documents are submitted. If during evaluation of QR bids it is found that bidder(s) has not submitted some documents pertaining to historical data/fact etc. or documents pertaining to work experience already submitted with the bid, POWERGRID reserves right to obtain such documents from the bidder or through its own

Sl. No.	GTC Clause Ref. No.	Amendment/Supplement to GTC
		sources or from its other records and the same may be considered for evaluation. In respect of the submission of documents with regard to qualification criteria, only related shortfall documents shall be asked for and considered. For example, if the bidder has submitted a work order without its completion/performance certificate, the certificate can be asked for and considered. However, no additional work experience, not already submitted with the bid, shall be asked for so as to qualify the the bidder.
15.	NIL	Additional Criteria for Capacity Assessment: Before opening price bids, the capacity of the bidders shall be additionally ascertained considering the already awarded packages, out of 5 packages (NIT No. NCN0066, NCN0067, NCN0068, NCN0069, NCN0070), in the following manner: Sum of MAAT Specified for the instant package and for the packages already awarded to the bidder, shall not exceed one and half (1.5) times the bidder’s average annual turnover of the best 3 financial years out of last 5 years, as ascertained for the purpose of QR compliance. The price bid of the bidder not meeting the above criteria shall not be opened.
16.	GTC clause 6 (ii)	Supplementing GTC clause 6(ii) with the following: (a) Bidders are requested to quote the price in GeM portal itself. The bid price shall include all the costs for the entire scope of work as per the Bidding Documents. Bids based on a system of pricing other than that specified shall be rejected. The Bid Prices quoted by the bidders covers all the Contractor’s obligations mentioned in or to be reasonably inferred from the Bidding Documents to successfully execute the intended services, on a “Single Responsibility” basis. Bidders are required to quote the price for the commercial, contractual and technical obligations outlined in the Bidding Documents.
17.	GTC Clause 7(ii)	Supplementing GTC Clause 7(ii) with the Clause 9.0 of GCC : Performance Security
18.	GTC clause 10.	Supplementing GTC clause 10 with Clause 22.0 of GCC: Defect Liability

Sl. No.	GTC Clause Ref. No.	Amendment/Supplement to GTC
19.	GTC clause 12.	Supplementing GTC clause 12 with the Cl. 8.0 of GCC : Terms of Payment
20.	GTC clause 14	Supplementing GTC clause 14 with the Cl. 4.0 of GCC: Time for Commencement and Completion
21.	GTC clause 16	Supplementing GTC clause 16. with the Cl. 36.0 of GCC
22.	GTC clause 19	Supplementing GTC clause 19. with the Cl. 33.0 of GCC
23.	NIL	Surety Insurer: The Insurance Surety Bond shall be from an Insurer as per guidelines issued by Insurance Regulatory and Development authority of India (IRDAI)
24.	NIL	Engineer-in-Charge Engineer-in-charge for the Contract shall be: For Bhatapara Substation, Western Region-I: Sr. GM, Bhatapara Power Grid Corporation of India Limited 400/220 kV Bhatapara Sub-Station,Vill-Alesur, Post-Gurra (Via-Bhatapara), Distt- Baloda Bazar-Bhatapara Chattishgarh Contact details: 0000000000 For Raigarh Substation, Western Region-I: DGM, Raigarh Power Grid Corporation of India Limited 400/220kV Raigarh Substation, Vill+PO – Kotra. Nandeli Road, Distt- Raigarh, Chattishgarh Contact details: 0000000000 For Warora Substation, Western Region-I: Sr. DGM, Warora 765/400kV PWTL Warora AIS Substation, Village: Nagri, Tehsil: Warora, District: Chandrapur, 442907 Maharashtra. Contact details: 0000000000 For New Parli Substation, Western Region-I:

Sl. No.

GTC Clause

Ref. No.

Amendment/Supplement to GTC

DGM, New Parli

765/400kV PPTL NEW PARLI Substation, Village: Dhanora, Tehsil: AMBAJOGAI, District: BEED, 431523 Maharashtra.

Contact details: 0000000000

The entire scope of the contract shall be carried out as per the instructions of the Engineer-in-Charge or his authorized representative.

25.

NIL

Contact Person Details:

All correspondence with regard to the above shall be to the following address (By Post/ In Person).

DGM(CPC)/ Chief Manager (CPC), Power Grid Corporation of India Limited Centralized Procurement Cell,

Plot No. – 2A/INS 02, Avadh Xxxxx Xxxxx, Xxxx Xxxxxxx Path, Near Medanta Hospital Lucknow- 226002 (UP)

Mobile: x00 0000000000

e-mail : xxx@xxxxxxxxx.xx

CHECKLIST OF LIST OF DOCUMENTS TO BE SUBMITTED BY XXXXXX

Sl. No.	List of documents	Submitted (Yes/No)
1.	Format for Information regarding Ex-Employees of POWERGRID in bidder’s organization (Form No. 1)
2.	Format for Self-Certification regarding Minimum Local Content in line with PPP-MII Order (To be submitted on Letter-head of Bidder). (Form No. 2)
3.	Certificate from statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of Local Content, in line with PPP-MII order and MoP order, if applicable [to be submitted on the letter head of the issuer.] (Form No. 2A)
4.	Format for Certification by the Bidder per order no. F.No.6/18/2019-PPD dated 23/07/2020 issued by Public Procurement Division, Department of Expenditure, Ministry of Finance, Government of India (DoE Order) (Form No. 3)
5.	Format for Declaration by the bidder regarding events encountered pursuant to “Buyer added ATC clause 2. (II)”. (Form No. 4)
6.	Bid Securing Declaration (Form No. 5)
7.	Declaration by the bidder for ‘Code of Integrity for Public procurement (Form No. 6)
8.	Declaration by the bidder regarding adherence to the POWERGRID Whistle Blower and Fraud Prevention Policy (Form No. 7)
9.	Format for Information for e-payment, Provident Fund (PF) details and declaration regarding Micro/Small & Medium Enterprises (Scanned copy of Sample Cheque (Cancelled) shall also be uploaded). (Form No. 8)
10.	Undertaking for submission of Soft/Hard Copy (Form No. 9)
11.	Integrity pact in a non-judicial stamp paper of Rs. 100/-.
12.	Xxxx signed Technical Specifications indicated in Bidding Document.
13.	Qualifying requirements for Bidders

Checklist Page 1

Form No.1

Information regarding Ex-employees of POWERGRID in our Organization

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Name and Address of Bidder:

To,

Power Grid Corporation of India Limited,

Centralized Procurement Cell, Northern Region-III Headquarter

Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx, Xxxx Xxxxxxx Xxxx, Xxxxxxx- 000000 (UP) Landmark: Near Medanta Hospital

Dear Xxx,

We declare that we are aware of and have gone through the “Code of Business Conduct and Ethics for Senior Management Personnel” and “Code of Business Conduct and Ethics for Board Members” of POWERGRID (hereinafter referred to as the “Code of Conduct”). We further understand that as per the Code of Conduct, Senior Management Personnel including Board Members, who have retired/resigned from POWERGRID, shall not accept any appointment or post, as detailed in the referred Code of Conduct, within 1 year from the date of cessation of service/directorship unless approved by the Competent Authority.

Accordingly, we hereby furnish the details of ex-employees of POWERGRID who had retired/ resigned at the level of Chief General Manager and above from POWERGRID and subsequently have been employed by us:

Sr. No.	Name of the person with designation in POWERGRID	Date of Retirement/ Resignation from POWERGRID	Date of Joining and Designation in our Organization*
1.
2.
3.
4.
5.
6.
7.

* In case the date of joining in the bidder’s organization of such ex-employee is within 1 year from the date of retirement/ resignation from POWERGRID, No Objection Certificate/ approval from the Competent Authority must be furnished along with the bid or subsequent through clarification pursuant to Buyer Added ATC Xx.xx. 14 .

In case of non-submission of No Objection Certificate/approval of the Competent Authority, as required, we understand that POWERGRID shall deal with such cases as per its Policy and procedures in vogue, which may also result in rejection of our bid. We also confirm that POWERGRID shall be the sole judge in this regard.

We further declare that any misrepresentation or submission of false/forged documents/ information in this regard shall be dealt with as per the provisions of the Integrity Pact and/or the Bidding Documents and/or POWERGRID’s policy and procedures.

Date :

Place:

Signature of Bidder:

Name:

Designation:

Note:

1. “Code of Business Conduct and Ethics for Senior Management Personnel” and “Code of Business Conduct and Ethics for Board Members” are available on POWERGRID’s website xxxxx://xxx.xxxxxxxxx.xx

2. The information in similar format should be furnished for each partner of joint venture in case of joint venture bid.

3. In case bidder has furnished no details on ex-employees of POWERGRID or has left blank or has indicated ‘-‘ against the same, it shall be deemed that they have not employed any such person in their organization.

Form No.2 (For Affidavit by Xxxxxx)

Format for Affidavit of Self-Certification

Regarding Local Content in line with PPP-MII order and MoP Order, if applicable, to be provided on Bidder’s Letterhead

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Date:

I son of/daughter of/wife of

resident of

xxxxxx and declare as under:

That I will agree to abide by the terms and conditions of the Public Procurement (Preference to Make in India) Order, 2017 of Government of India issued vide Notification No:P-45021/2/2017

-BE-II dated 15/06/2017, its revision dated 04/06/2020 (hereinafter called as PPP-MII order), Public Procurement (Preference to Make in India) to provide for Purchase Preference (linked with local content) order dated 28/07/2020 issued by Ministry of Power (hereinafter called as MoP order) and any subsequent modifications/Amendments, if any and

That the information furnished hereinafter is correct to the best of my knowledge and belief and I undertake to produce relevant records before the procuring entity/POWERGRID or any other Government authority for the purpose of assessing the local content of goods/services/works supplied by me for “Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID”.

That the local content for all inputs which constitute the said goods/services/works has been verified by me and I am responsible for the correctness of the claims made therein.

That the ‘Local Content‘ as defined in the PPP-MII order and MoP order in the goods/services/ works supplied by me for “Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID” is percent (%).

That the goods/services/works supplied by me for “Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID”meet the ‘Local Content ‘requirement as defined in the PPP- MII order and MoP order for ‘Class –I local supplier’ or ‘Class –II local supplier’

That the value addition for the purpose of meeting the ‘Local Content ‘has been made by me at

(Enter the details of the location(s) at which value

addition is made).

That in the event of the local content of the goods/services/works mentioned herein is found to be incorrect and not meeting the prescribed Local Content criteria, based on the assessment of procuring agency (ies)/POWERGRID/Government Authorities for the purpose of assessing the local content, action shall be taken against me in line with the PPP-MII order, MoP order and provisions of the Integrity pact/ Bidding Documents.

I agree to maintain the following information in the Company's record for a period of 8 years and shall make this available for verification to any statutory authority.

i. Name and details of the Local Supplier (Registered Office, Manufacturing unit location, nature of legal entity)

ii. Date on which this certificate is issued.

iii. Goods/services/works for which the certificate is produced.

iv. Procuring entity to whom the certificate is furnished.

v. Percentage of local content claimed and whether it meets the local content prescribed for ‘Class –I local supplier’ or ‘Class –II local supplier’ (tick whichever is applicable).

vi. Name and contact details of the unit of the Local Supplier(s).

vii. Sale price of the product.

viii. Ex-factory price of the product

ix. Freight, insurance and handling

x. Total Bill of Material

xi. List and total cost value of input used to manufacture the Goods/to provide Services/in construction of Works

xii. List and total cost of input which are domestically sourced. Value addition certificates from suppliers, if the input is not in-house, to be attached.

xiii. List and cost of inputs which are imported, directly or indirectly

For and on behalf of

Name of the Bidder:

Signature of Authorized Signatory:

Name:

Designation:

Contact Number:

Form No.2A

Certificate from statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of Local Content, in line with PPP- MII order and MoP order, if applicable [to be submitted on the letter head of the issuer.]

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months

in Western Region-I of POWERGRID.” Specification. No.: NCN0069

Dear Xxx,

We have read and understood the provisions of “Public Procurement (Preference to Make in India) Order, 2017” dated 15/06/2017, its revision dated 16/09/2020 [hereinafter, “PPP-MII Order”] issued by Department for promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India, ‘Public Procurement (Preference to Make in India) to provide for Purchase Preference (linked with local content)’ order dated 16/11/2021 issued by Ministry of Power [hereinafter, “MoP order”] and any subsequent modifications/Amendments, if any.

In line with the provisions of the PPP-MII Order and MoP Order, M/s. [Enter

the name of the Bidder] [hereinafter, ‘Class –I local supplier/Class-II local Supplier’] have submitted an Affidavit of self-certification to Power Grid Corporation of India Limited [hereinafter, POWERGRID] regarding Local Content in Goods/Services/Works to be supplied by the ‘Class –I local supplier/Class-II local Supplier’ for ‘‘Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID; Specification no: NCN0069”, wherein they have agreed to abide by the terms and conditions of the PPP-MII Order and MoP Order.

Further, in line with ”. PPP-MII Order, the statutory auditor or cost auditor of the company (in the case of companies) or a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) shall provide a certificate giving the percentage of Local Content in the Goods/Service/Works to be supplied by the ‘Class –I local supplier/Class- II local Supplier’ for ‘‘Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID; Specification no: NCN0069”.

Accordingly, we, the Statutory Auditor(s) / Cost auditor of the “Class-I Local Supplier”/ “Class- II Local Supplier”, a practicing cost accountant or practicing chartered accountant [choose as applicable], certify that the Local Content as defined under the PPP-MII and MoP Order, in the Goods/Service/Works to be supplied by the ‘Class –I local supplier’/ ’Class-II local Supplier’ for ‘‘Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID; Specification no: NCN0069” is …….……..

percentage [specify the percentage of Local content].

For and on behalf of Statutory Auditor/Cost auditor/Cost accountant/Chartered accountant

Date:

Signature of Authorized Signatory:

Name:

Name of Firm:

Firm Reg No:

Membership No.:

Note: This is a guiding format. In case the bidder submits the certificate in a format different from the above, the same may be considered provided it meets the intent and purpose, as may be ascertained by POWERGRID.

Form No.3

Certification by the Bidder per order no. F.No.6/18/2019-PPD dated 23/07/2020 issued by Public Procurement Division, Department of Expenditure, Ministry of Finance, Government of India (DoE Order)

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Name and Address of Bidder:

To,

Power Grid Corporation of India Limited,

Centralized Procurement Cell, Northern Region-III Headquarter

Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx,

Xxxx Xxxxxxx Xxxx, Xxxxxxx- 000000 (XX)

Dear Xxx,

We have read and understood the provisions of Order no. F.No.6/18/2019-PPD (Order Public Procurement no.1) dated 23/07/2020 regarding “Restriction under Rule 144(xi) of General Financial Rules” and X.No.6/18/2019-PPD (Order Public Procurement no.2) dated 23/07/2020 regarding “Exclusions from Restriction under Rule 144(xi) of General Financial Rules” issued by Public Procurement Division, Department of Expenditure, Ministry of Finance, Government of India (hereinafter collectively “DoE Order’’) and any subsequent modifications/Amendments, if any.

Particularly, we, the Bidder, have read the clause regarding restrictions on procurement from a ‘Bidder of a country which shares a land border with India’ and on subcontracting to contractors from such countries.

We certify that we, the bidder and/or our subcontractor/sub vendor is/are not from such a country or, if from such a country, has been registered as per provisions of the Bidding Documents with the Competent Authority and will not subcontract any work to a subcontractor/sub vendor from such countries unless such subcontractor/sub vendor fulfils all requirement in this regard and is eligible to be considered. (Where applicable, evidence of valid registration by the Competent Authority shall be attached.)

We further declare that any misrepresentation or submission of false/forged document/ information in this regard shall be dealt with as per the provisions of Integrity Pact and/or Bidding Documents and/or POWERGRID’s policy and procedures.

Date :

Place:

Signature of Bidder:

Name:

Designation:

Form No. 4

Declaration Regarding Events Encountered

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Name and Address of Bidder:

To,

Power Grid Corporation of India Limited,

Centralized Procurement Cell, Northern Region - III Headquarter

Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx,

Xxxx Xxxxxxx Xxxx, Xxxxxxx- 000000 (XX)

Dear Xxx,

1.0 In accordance with the relevant provisions of the bidding documents inter-alia including for assessment of capacity and capability, we furnish herewith our data/details/ documents along with other information, as follows:

Sr. No.	Event	Please Tick
1	Whether there was Termination (#) of Contract(s) due to Contractor’s default	Yes
		No

2	Whether there was Encashment of CPG(s) due to non- performance	Yes
		No

3	Whether there was repeated failure of major equipment (s) while in service *()**	Yes
		No

4	Whether substantial portion of works (more than 50% of the Contract ()**) is sub-contracted, under an existing Contract	Yes
		No

5	Whether more than 25% of the Contract price (awarded value), in aggregate, is paid to sub- contractors/suppliers as Direct payment, under an existing Contract, due to financial position of Contractor	Yes
		No

6		Yes

Firm has been referred to NCLT under Insolvency & Bankruptcy

Code (IRP has been appointed or Liquidation proceedings have been initiated under IBC) (@)

Note:

1. Information regarding events at Sr. No. 1 to 5 shall be furnished for events occurred during last one year under the contract(s) executed by you for POWERGRID (Owned as well as Consultancy).

(*) 2. In case POWERGRID has issued a letter in this regard wherein the firm has been put on hold from award of further contract(s) for a specified period and this specified period of hold is yet to expire, the bidder shall indicate “Yes” against this event.

(**) 3. For the purpose of working out 50% of the Contract, following shall be taken into account suitably:

(a) Scope of the contract which is permissible to be sub-contracted as per bidding documents, shall be excluded.

(b) Scope of the Contract which primarily relates to the Qualification Requirement (QR) of the bidder as illustrated below:

Sr. No.	Type of Package/ Contract	Main aspect of the QR	Criteria for working out 50% of the Contract
1.	Conductor/ Insulator Package	Manufacture & Supply	50% of the total supply of Conductor/Insulator under the Contract
2.	Tower Package	Construction of Transmission Line	50% of the total Transmission Line construction under the Contract
3.	Substaion (AIS) Package	Construction of bays	50% of the total bays construction under the Contract
4.	Transformer/ Reactor	Manufacture & Supply	50% of the total supply of Transformer/Reactor under the Contract
5.	Substation (GIS) Package	Manufacture & Supply of GIS bays	50% of the total supply of GIS bays under the Contract

The guiding principles as illustrated above shall be followed while dealing with other packages/contracts.

(@) 4. Regarding Sr. No. 6, in case of ‘Yes’, following information shall be submitted

additionally:

Date on which the firm has been referred to NCLT under Insolvency & Bankruptcy Code (IRP has been appointed or Liquidation proceedings have been initiated under IBC)

Whether the process under IBC has been concluded

(If yes, supporting documents be submitted)

Yes

(#) 5. Partial offloading under a Contract and/or Facilitation beyond 10% of the Contract Price shall also be treated as Termination. For the said purpose, the Contract price means the Contract Price of the Facilities notwithstanding the Construction of the Contract

2.0 We confirm that the above information/declarations and documents submitted in support of the same are true and correct to the best of our knowledge. We understand that any false declaration and/or misrepresentation of facts and/or false/forged documents/information may lead to our debarment from participation in Employer tenders and that our Bid Security/Contract Performance Guarantee may be forfeited besides other actions as deemed to be appropriate as per the provisions of the Bidding Documents/Integrity Pact/Employer’s policy.

Date :

Place:

Signature of Bidder:

Name:

Designation:

Form No. 5

Bid-Securing Declaration

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Name and Address of Bidder:

To,

Power Grid Corporation of India Limited,

Centralized Procurement Cell, Northern Region - III Headquarter

Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx,

Xxxx Xxxxxxx Xxxx, Xxxxxxx- 000000 (XX)

We, [insert name of the Bidder] understand that, according to bid conditions, Bids must be supported by a Bid-Securing Declaration.

We the Bidder hereby declare that, if we are in breach of any of our obligation(s) under the bidding conditions as brought out below, our bids for any package whose originally scheduled date of bid opening/actual date of bid opening (First Envelope or Second Envelope) falls within 1 year reckoned from the date of issuance of communication to this effect by the Employer, shall be considered non-responsive:

1. If we withdraw our bid during the period of bid validity; or

2. If it comes to notice that the information/ documents furnished in our bid is false, misleading or forged; or

3. If we fail to furnish all the originals of the documents uploaded in technical part of the bid, whenever requested by the Employer; or

4. If we fail to furnish requisite Performance Security within stipulated time required as per the conditions stipulated in the bidding documents; or

5. In case of violation/transgression of ‘Code of Integrity for Public Procurement’ by us in

competing for the Contract in accordance with Sl. No. 8.0 of Buyer added ATC; or

6. In case of award, if we fail to commence the execution of contract; or

7. In any other case specifically provided for in Bid specific ATC or GeM GTC.

Date :

Place:

Signature of Bidder:

Name:

Designation:

Form No. 6

Declaration by the bidder for ‘Code of Integrity for Public procurement

Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Name and Address of Bidder:

To,

Power Grid Corporation of India Limited,

Centralized Procurement Cell, Northern Region - III Headquarter Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx, Xxxx Xxxxxxx Xxxx,

Xxxxxxx- 000000 (XX)

Dear Xxx,

1.0 We have read the provisions of the bidding documents regarding abiding by the ‘Code of Integrity for Public Procurement’. Accordingly, we hereby declare that we shall abide by the ‘Code of Integrity for Public Procurement’ as mentioned under Xx.xx. 08 of the Buyer Added ATC.

The details of any previous transgressions of the code of integrity with any entity in any country during the last three years or of being debarred by any other Procuring Entity are as under:

(a)

(b)

(c)

2.0 We also accept that in case of violation/transgression of this code by us in competing for or in executing the Contract, Employer has the right to take punitive measures as per the provisions of the Bidding Documents and/or POWERGRID’s policy and procedure.

Date:	Printed Name:
Place:	Designation:

Form No. 7

Declaration by the bidder regarding adherence to the POWERGRID Whistle Blower and Fraud Prevention Policy

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Specification No.:

Name and Address of Bidder:

To,

Power Grid Corporation of India Limited,

Centralized Procurement Cell, Northern Region - III Headquarter Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx, Xxxx Xxxxxxx Xxxx,

Xxxxxxx- 000000 (XX)

Dear Xxx,

We, hereby, declare that we, along with our associate/ collaborators/ sub-contractors/ sub-vendors/consultants/ service providers shall strictly adhere to the POWERGRID Whistle Blower and Fraud Prevention Policy.

We, along with our associate / collaborator / subcontractors / sub-vendors / consultants

/ service providers shall observe the highest standard of ethics and shall not indulge or allow anybody else working in our organization to indulge in fraudulent activities during execution of the contract and would immediately apprise the Employer about any fraud or suspected fraud as soon as it comes to our notice.

Date:	Printed Name:
Place:	Designation:

Form No. 8

Information for E-payment, PF details, declaration regarding Micro/Small & Medium Enterprises and other information

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

Name and Address of Bidder:

To,

Power Grid Corporation of India Ltd.,

Centralized Procurement Cell, NR3-III-RHQ,

Plot No 2A/INS02, Awadh Vihar Yojana

Xxxx Xxxxxxx Path

Lucknow – 226002, Uttar Pradesh

Dear Xxx,

We are furnishing the following details which include the Statutory Registration Numbers and details of Bank account for electronic payment.

1.	Name of the Supplier/Contractor in whose favour payment is to be made

2.	Address with PIN
2a	Registered Office


2b	Branch Office


2c	Correspondence Address:

3.	Status	Company / Others
3a	Are you a Micro/Small/Medium Enterprise under Micro/Small & Medium Enterprises Development Act 2006	Yes / No

3b	Are you an MSE owned by SC/ST* entrepreneurs in line with Public Procurement Policy for Micro and Small Enterprises (MSEs) order 2012 including subsequent amendment/ notification/ order Note: (a) If Yes, documentary evidence is to be attached. (b) Please refer remarks at the end of the attachment.	Yes / No
3c	If 3b is ‘Yes’, please mention whether you are Proprietary MSE or Partnership MSE or Private Limited Company owned by SC/ST entrepreneurs
3d	Are you a MSE owned by women in line with Public Procurement Policy for Micro and Small Enterprises (MSEs) order 2012, Public Procurement Policy for Micro and Small Enterprises (MSEs) Amendment Order 2018 including subsequent amendment/ notification/ order Note: (a) If Yes, documentary evidence is to be attached.	Yes / No

4.	Permanent Account Number (PAN)

5.	GSTIN Numbers
5a	GSTIN in the Sates/UT from where the supply of goods will take place
	Name of State	GSTIN Number
(i)
(ii)
(iii)

5b	GSTIN in the States/UT where the supply for services will take place (states where sites under the subject package is situated)
	Name of State	GSTIN Number
(i)
(ii)
(iii)

6	PF Registration Number

7	PF Regional Office Covered (with Address)




8	Details of Contact Person
8a	Name
8b	Designation
8c	Telephone Number – Mobile
8d	Telephone Number – Landline/Mobile
8e	E-mail ID

9	Bank Details	Scanned copy of cheque to be uploaded
9a	Name of the Bank
9b	Name of the Branch of the Bank
9c	Address of the Branch of the Bank


9d	Account Number
9e	Type of Account (Saving/ Current)
9f	MICR Code (9-digit) (Printed at bottom of cheque, in middle, next to cheque number)
9g	IFSC of the Branch of the Bank

We hereby declare that the above information are true and correct and we agree that the payment on account of this Contract, in the event of award, be made in the above account maintained in the above mentioned Bank.

Date :

Place:

Signature of Bidder:

Name:

Designation:

Remarks

The 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.

Documentary evidence: Please provide scanned copy(ies) of the SC/ST certificate(s) issued by District Authority as applicable for SC/ST MSE category as per (a), (b) or (c) above.

Form no. 9

“Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

(Undertaking regarding submission of original/Hard copy part of the bid)

Bidder’s Name and Address : Name:

Address:

To:

Power Grid Corporation of India Limited,

Centralized Procurement Cell, Northern Region - III Headquarter Xxxx Xx. – 0X/XXX 00, Xxxxx Xxxxx Xxxxx, Xxxx Xxxxxxx Xxxx,

Xxxxxxx- 000000 (XX)

Dear Xxx,

1.0 We have read the provisions of the bidding documents regarding submission of original/ Hard copy part of the bid. Accordingly, as per Sl. No 3 of Bid Specific ATC of the Bidding Documents, we hereby confirm the following:

(i) We have uploaded the scanned copy of the requisite documents in accordance with the bidding provisions along with the soft part of the bid.

(ii) We shall furnish all the original/Hard copy part of the bid in physical form on receipt of request from the Employer. Further, there shall be no contradictions/ inconsistencies between the documents submitted in physical form and the scanned version submitted along with the soft part of the bid.

2.0 We also accept that in case of our failure of submission of documents in original/hard part, the same shall be considered as withdrawal of bids and Employer has the right to take punitive measures against us as deemed fit.

Date:	Printed Name:
Place:	Designation:

[Note: The Bidder (Lead Partner in case of Joint Venture) shall submit the undertaking on the company’s

letterhead].

Annexure-QR

QUALIFYING REQUIREMENTS FOR BIDDERS

Outsourcing of Operation and Maintenance of activities of Four Substations for 24 Months in Western Region-I of POWERGRID.”

Specification. No.: NCN0069

1.0 GENERAL

1.1 Qualification of bidder will be based on meeting the minimum pass/fail criteria specified below regarding the Bidder’s technical experience and financial position as demonstrated by the Bidder’s responses in the corresponding Bid Schedules. Technical experience and financial resources of any proposed subcontractor (s) shall not be taken into account in determining the Bidder’s compliance with the qualifying criteria.

1.2 POWERGRID reserves the right to waive minor deviations to QR, provided they do not materially affect the capability of the bidder to perform the contract. The decision of POWERGRID in this regard shall be final & binding on bidders.

1.3 The Employer may assess the capacity and capability of the bidder, to successfully execute the scope of work covered under the package within stipulated completion period. This assessment shall inter- alia include (i) document verification; (ii) bidders work/ manufacturing facilities visit; (iii) manufacturing capacity, details of works executed , works in hand, anticipated in future & the balance capacity available for present scope of works; (iv) details of plant and machinery, manufacturing and testing facilities, manpower and financial resources; (v) details of quality systems in place; (vi) past experience and performance; (vii) customer feedback; (viii) banker’s feedback etc.

1.4 The bid can be submitted by an individual firm. Bid from Joint Venture shall not be accepted.

1.5 The bidder shall submit documentary evidence in support of meeting the qualification criteria as specified below.

2.0 TECHNICAL EXPERIENCE

Bidder should have successfully completed continuous satisfactory # operation and maintenance of one 400 kV or above rating AIS/GIS Sub-station for the minimum duration of two years or two 400 kV or above rating AIS/GIS Sub-stations for the minimum duration of one year each during last seven (7) years as on originally scheduled last date of bid submission,

Bidder should have successfully completed $ Erection, Testing & Commissioning of one 400 kV or above rating AIS/GIS Sub-station during last seven (7) years as on the originally scheduled date of bid submission.

# Satisfactory Operation and Maintenance means certificate issued by the Employer/ Client (owner of the substation) certifying the Operation and Maintenance of 400 kV or above rating AIS/GIS Substation(s) without any adverse remark.

$ Certificate issued by Employer/ Client (owner of the substation) certifying the successful completion of Erection, Testing & Commissioning of 400 kV or above rating AIS/GIS Substation(s) without any adverse remark.

Notes: In case the bidder is a holding company, the Technical Experience criteria referred to in clause 2.0 above shall be that of holding company only (i.e. excluding its subsidiary/ group companies). In case the bidder is a subsidiary of a holding company, the Technical Experience criteria referred to in clause 2 above shall be that of subsidiary company only (i.e. excluding its holding company).

3.0 FINANCIAL POSITION

3.1 The bidders must meet following minimum criteria:

a) Net Worth for the last 3 financial years should be positive.

b) Minimum Average Annual Turnover* (MAAT) of bidder for best three financial years out of last five financial years should be Rs. 1008.07 Lakhs.

* Annual gross revenue from operations/gross operating income as incorporated in the profit & loss account excluding other operative income/other income. While working out annual turnover of a bidder for the purpose of QR during bid evaluation, Taxes & Duties (if any) separately indicated in the Profit & Loss account shall not be considered.

c) The bidder shall have liquid assets (LA) or/and evidence of access to or availability of credit facility of not less than Rs. 168.01 Lakhs.

3.2 Notes

a) In case bidder is a holding company, the Financial Position criteria referred to in clause 3.1 above shall be that of holding company only (i.e. excluding its subsidiary / group companies). In case bidder is a subsidiary of a holding company, the Financial Position criteria referred to in clause

3.1 above shall be that of subsidiary company only (i.e. excluding its holding company).

b) In case the bidder is in existence for less than three (3) financial years, the Net Worth and average of the turnover as per financial statement for completed financial years shall be considered for the purpose of compliance to the specified Net Worth and MAAT requirements.

c) For Start-up^^/ MSE^ bidders, meeting the technical experience at 2.0 above and financial position at 3.1 (a) above, shall be considered qualified if they meet at least 80% (eighty percent) of the financial requirements specified at para 3.1 (b) (MAAT) and 3.1 (c) (LA) above.

^ MSE as defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small & Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry.

^^ Start-up as defined by DIPP, applicable as on the originally stipulated last date of bid submission.

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

GENERAL CONDITIONS OF CONTRACT (GCC)

TABLE OF CLAUSES

Preamble

A. Definitions and Interpretation 1

1. Definitions 1

2. Interpretation 6

B. Subject Matter of Contract 9

3. Scope of Facilities 9

4. Time for Commencement and Completion 9

5. Contractor’s Responsibilities 10

6. Employer’s Responsibilities 10

C. Payment 11

7. Contract Price 11

8. Terms of Payment 11

9. Performance Security 14

10. Taxes and Duties 15

D. Intellectual Property 17

11. Copy Right 17

12. Confidential Information 18

E. Execution of the Facilities 18

13. Representatives 19

14. Deployment of Manpower by Service Provider… 19

15. Subcontracting 23

16. Site Regulation & Safety 23

17. Safety Rules 24

18. Safety Provisions 25

19. Compliance with Labour Regulations 29

20. Protection of Environment… 32

F. Guarantees and Liabilities 33

21. Liquidated Damages/Deduction towards non-performance/Absence of Manpower 33

22. Defect Liability 34

23. Patent Indemnity 34

24. Limitation of Liability 36

G. Risk Distribution 36

25. Care of Facilities 36

26. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification 36

27. Insurance 37

28. Change in Laws and Regulations 39

29. Force Majeure 39

H. Change in Contract Elements 40

30. Change in the Facilities 40

31. Extension of Duration of Contract 41

32. Suspension 41

33. Termination 41

34. Assignment 44

I. Resolution of Disputes 44

35. Settlement of Disputes 44

36. Arbitration 45

37. Conciliation 47

38. Indemnification 50

J. General… 50

39. Important Terms & Conditions 50

GENERAL CONDITIONS OF CONTRACT (GCC)

Preamble

This Section (Section –IV) of the Bidding Documents [named as General Conditions of Contract (GCC)] provides all the rights and obligations of the parties under the Contract. This Section contains provisions that are to be used unchanged unless Section – V [named as Special Conditions of Contract (SCC)] states otherwise as any changes in GCC or any complementary information that may be needed has been shown in SCC. If there is a conflict between the provisions of Section – IV & Section – V, the provisions of Section – V shall prevail.

A. Definitions and Interpretation

1. Definitions

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

a) Employer/Buyer/POWERGRID/Corporation/Employer/Owner shall mean Power Grid Corporation of India Limited having its registered office as X-0, Xxxxx Xxxxxxxxxxxxx Xxxx, Xxxxxxxx Xxxxx, Xxx Xxxxx-000000 and shall include their legal representatives, successors and permitted assigns.

However, for all intents and purposes, the Service Provider/Contractor/ Agency shall be the “Employer” within the meaning of different Rules & Acts and Applicable Laws in respect of manpower so deployed.

b) The Service Provider /Contractor/Agency means the firms whose bid to perform the Contract has been accepted by the Employer and is named in the NOA/Contract and includes its legal successors or permitted assigns.

c) Applicable Laws shall mean any statute, law, ordinance, notification, rule, regulation, judgment, order, decree, by-law, approval, directive, guideline, policy or other government restrictions as may be in effect.

d) Arbitrator means the person or persons appointed by agreement between the Employer and the Contractor to make a decision on or to settle any dispute or difference between the Employer and the Contractor referred to him or her by the parties pursuant to GCC Sub-Clause 36.1 (Arbitration) hereof.

e) Contract Documents shall mean this Bidding Document uploaded on the e-tendering portal along with the clarifications, if any, to these documents

f) Contract means the Contract Agreement entered into between the Employer and the Contractor together with the Contract Documents referred to therein and schedule of quantities with rates and amounts.

g) Contract Price means the sum specified in the Contract Agreement, subject to such additions or deductions therefrom, as may be made pursuant to the Contract.

h) Notification of Award means the official notice issued by the Employer notifying the Contractor that his bid has been accepted

i) Officer-in-charge/Engineer-in-charge shall mean the Engineer/Officer/ Administrative Officer appointed by the Employer or his duly authorized representative who shall direct, supervise and be in-charge of the works for the purpose of this contract.

j) Manpower/Workers/Staff/Supervisors shall mean staff to be deployed by the Contractor for the services to be executed in accordance with the contract or part(s) thereof, as the case may be, as required for performance of the contract

k) Day means calendar day of the Gregorian Calendar.

l) Month means calendar month of the Gregorian Calendar.

m) Duration of Contract means the period for which services are to be rendered in accordance with the specifications and other provisions of the contract.

2. Interpretation

2.1. Contract

2.1.1. A Single Contract shall be entered into for the scope of work to be awarded to the successful Bidder.

2.2. Contract Documents

All documents forming part of the Contract (and all parts thereof) are intended to be correlative, complementary and mutually explanatory, subject to the order of precedence indicated below. The Contract shall be read as a whole.

Order of Precedence (i) Contract Order

(ii) Bill of Quantities (BOQ)

(iii) Technical Specifications (TS) (iv) Buyer Added ATC (BATC)

(v) General Conditions of Contract (GCC) (Included in BATC)

(vi) Service level agreement (SLA)

(vii) GeM General terms and conditions (GTC)

2.3. Language

The ruling language of the Contract and the language for communications shall be English.

2.4. Singular and Plural

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

2.5. Headings

The title or headings included for ease of reference and shall not alter or affect the intent of scope of the clauses or articles of the documents nor affect its interpretation.

2.6. Amendment

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

2.7. Independent Contractor

The Contractor shall be an independent contractor performing the Contract. The Contract does not create any agency, partnership, joint venture or other joint relationship between the parties hereto.

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

2.8. Joint Venture

The Contractor shall be an individual Firm. No Joint Venture is applicable for this package.

2.9. Non-Waiver

2.9.1. Subject to GCC Sub-Clause 2.10.2 below, no relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

2.9.2. Any waiver of a party’s rights, powers or remedies under the Contract must be in writing, must be dated and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

2.10. Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

2.11. Notices

2.11.1. Unless otherwise stated in the Contract, all notices to be given under the Contract shall be in writing, and shall be sent by personal delivery, special courier, telegraph, facsimile or Electronic Data Interchange (EDI) to the address of the relevant party set out in the Contract Agreement, with the following provisions:

(viii) Any notice sent by telegraph, facsimile or XXX shall be confirmed within two (2) days after dispatch by notice sent by special courier, except as otherwise specified in the Contract.

(ix) Any notice sent by special courier shall be deemed (in the absence of evidence of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of dispatch, it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and conveyed to the postal authorities or courier service for transmission by special courier. Provided further that whenever the postal authorities or courier service provide proof of delivery, the same shall also be applicable for presenting the fact of dispatch.

(x) Any notice delivered personally or sent by telegraph, facsimile or EDI shall be deemed to have been delivered on date of its dispatch.

(xi) Either party may change its postal, facsimile or EDI address or addressee for receipt of such notices by ten (10) days‟ notice to the other party in writing.

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

2.12. Governing Law & its Jurisdiction

The Contract shall be governed by and interpreted in accordance with laws of Union of India and the Courts of New Delhi shall have exclusive jurisdiction in all maters arising under this Contract.

B. Subject Matter of Contract

3. Scope of Facilities

3.1. Scope of Work: The scope of work covered under this package includes ‘Round the clock Operation and Maintenance (Preventive and Breakdown) works of the Sub-station (s) mentioned in the technical specifications.

The detailed scope of work shall be as per the document Scope of Work - TS

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

4. Time for Commencement and Completion

4.1. The duration of Contract shall be 2 (Two) Years from the effective date of contract. If Services provided by the agency are found to be satisfactory, the contract may be extended for a further period of (01) One Year on the basis of performance evaluated by the Owner and subject to acceptance of extension by the agency with an escalation of 3.51% on annual contract price. However, this will be the sole prerogative of Owner and the agency shall have no right to ask for extension.

4.2. A period of 15 (Fifteen) days shall be provided to successful bidder for mobilization. The effective date of the contract shall be after completion of the mobilization period of 15 (Fifteen) days from the date of intimation of award.

4.3. During the mobilization period, the agency shall obtain/apply for all the requisite insurance policies, licenses/clearances from appropriate authorities such as Labour Authorities, Provident Fund Commissioner etc. A copy of all such documents will be provided to Owner before commencement of work. After completion of mobilization period, work shall be started immediately at site. However, if the bidder has all the requisite documents, mobilization period may be reduced to a mutually agreed time and the same shall be tied up prior to award of the work. The agency shall not be allowed to work without having labour license, electrical license, workmen compensation, insurance policy etc.

5. Contractor’s Responsibilities

5.1. The Agency shall execute the ‘Round the clock Operation and Maintenance

(Preventive and Breakdown) works of the Sub-station (s) mentioned in the technical specifications, with due care and diligence in accordance with the Contract.

5.2. The Contractor confirms that it has entered into this Contract on the basis of a proper examination of the data relating to the Facilities (including any data as to boring tests) provided by the Employer, and on the basis of information that the Contractor could have obtained from a visual inspection of the Site (if access thereto was available) and of other data readily available to it relating to the Facilities as of the date twenty-eight

(28) days prior to bid submission. The Contractor acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Facilities.

5.3. The Contractor shall acquire in its name all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located that are necessary for the performance of the Contract. The Contractor shall acquire all other permits, approvals and/or licenses that are not the responsibility of the Employer under GCC Sub-Clause 6.3 hereof and that are necessary for the performance of the Contract.

5.4. The Contractor shall comply with all laws in force in India. The laws will include all local, state, national or other laws that affect the performance of the Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel, but without prejudice to GCC Sub-Clause 6.1 hereof.

5.5. The Contractor shall permit the Employer to inspect the Contractor’s accounts and records relating to the performance of the Contractor.

6. Employer’s Responsibilities

6.1. The Employer shall ensure the accuracy of all information and/or data to be supplied by the Employer, except when otherwise expressly stated in the Contract.

6.2. The Employer shall acquire and pay for all permits, approvals and/or licenses from all local, state or national government authorities or public service undertakings in the country where the Site is located which such authorities or undertakings require the Employer to obtain them in the Employer's name, are necessary for the execution of the Contract (they include those required for the performance by both the Contractor and the

Employer of their respective obligations under the Contract).

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

C. Payment

7. Contract Price

7.1. The Contract Price shall be as specified in the Contract Agreement.

7.2. The price components shall be FIRM throughout the currency of the contract and no Price Adjustment shall be applicable.

7.3. Subject to GCC Sub-Clauses 5.2 and 6.1 hereof, the Contractor shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall, except as otherwise provided for in the Contract, cover all its obligations under the Contract.

8. Terms of Payment

8.1. The Contract Price shall be paid as specified below:

(i) The payment shall be made in line with Service Level Agreement (SLA) (Refer clause 7.0 of Technical Specification) for regular works as per BOQ (including GST) on monthly basis on completion of month within 30 days of submission of complete invoice and performance report (as per SLA) and certification by the engineer-in-charge.

(ii) Payment shall be released by Owner, on submission of running bills. All bills shall be submitted through the engineer-in-charge.

(iii) The Agency shall submit to Owner its complete bill along with necessary certificates within 7 days after the expiry of month.

(iv) The payment shall be regulated as per accepted rate only. Agency shall not be entitled to any extra payment, compensation or remuneration relating to work done during unfavorable weather or relating to any special arrangements made to complete its scope of work.

(v) No extra payment shall be made to the agency for working on holidays and during odd hours.

(vi) Income tax and all other statutory deductions, as may be applicable,

shall be deducted at source.

(vii) No advance payment shall be admissible under any circumstances whatsoever.

(viii) Submission of CPG and submission of copies of statutory insurances shall be pre-requisite for release of first payment.

8.2. Payment Procedures

8.2.1. The Owner shall make payments promptly within thirty (30) days of submission of an invoice/claim by the Agency, complete in all respects and supported by the requisite documents and fulfillment of stipulated conditions, if any. The GST Invoice indicating Contract Agreement number and date shall be raised in favour of engineer-in-charge for verification & processing of payment.

8.2.2. All payments under the Contract shall be made in Indian Rupees.

8.2.3. All the payments to be made directly to the Contractor shall be made by the Owner through electronic payment mechanism (e-payment) for which necessary details shall be tied up during execution of the Contract.

8.2.4. Payments shall be released by POWERGRID Payment Processing and Facilitation Center (PPPFC) Bangaluru against payment advice issued by the Consignee/Engineer-in-Charge.

8.3. Bill Tracking System

8.3.1. Prior to submission of bills in physical form, the Contractor shall submit its bills using POWERGRID’s Vendor Bill Tracking System as per procedure detailed herein below. Further, the Contractor may track the status of its bills using POWERGRID’s ‘On-line Vendor Bill Tracking System’. To use this system the Contractor is required to get itself registered once online at POWRGRID ERP Portal with the link URL (xxxxx://xxxxxx.xxxxxxxxx.xx). Once registered, the Contractor may track status of bills submitted, passed and paid under this Contract and other Contracts awarded on it by POWERGRID by following the method detailed herein below:

(a) Once registered, the Contractor can login to POWERGRID’s Vendor

Bill Tracking System (BTS) with Vendor login ID and Password.

(b) After login as at (a) above, Contractor is required to make the entry on POWERGRID’s ERP portal under the tab “Submit new Invoice” and shall fill all details along with the MSE status. Upon submission, a 16-digit unique BTS number will be generated and the Contractor will receive an automated email forwarding the unique BTS number.

(c) The option to attach the soft copies of the documents has been enabled in BTS at xxxxx://xxxxxx.xxxxxxxxx.xx The attachment can be done after creation of BTS ID

(d) The SOP for this process can be viewed after login to the Bill Tracking System portal with the following path.

xxxxx://xxxxxx.xxxxxxxxx.xx 🡪🡪INVOICE SUBMITTED TAB 🡪🡪

Invoice Attachments 🡪🡪 SOP for uploading Documents.

(e) After attachment of the soft copies of the bills, please send the original hard copy documents to the respective Engineer-in-charge.

Alternately, the hard copy of the bills along with all enclosures can also be submitted directly to the concerned POWERGRID Payment Processing and Facilitation Center (PPPFC) after submission of soft copies of the bills to site engineer after creation of BTS ID.

The address of PPPFC are as follows:

For WR-I

Power Grid Corporation of India Ltd.

POWERGRID Payment Processing and Facilitation Center (PPPFC), Central Receipt section,

Near RTO Driving Test Track, Singnayakanahalli Yelahanka – Dodaballapur Road, Yelahanka Hobli Bengaluru (Karnataka) – 560 064

BTS ID:

Enter correct BTS ID to ensure original bills are not misplaced. POWERGRID shall not be responsible if bills are misplaced due to incorrect BTS ID

Send all the original hard copy documents in an envelope marked with above address and BTS ID

(f) On the day the payment is made, a mail stating the “Bill number, net payment amount and details of the bank from where the payment has been made” will be sent to the Agency.

(g) The status of Bill submitted by the Agency can be checked through

the BTS number under tab “Invoice submitted”.

8.4. Applicable income tax, as per the prevailing rules in India, shall be deducted at source from the above payments and only the net payment shall be released. Necessary Tax Deducted at Source (TDS) certificate shall be issued to the Agency.

8.5. POWERGRID is registered on TReDS (Trade Receivables Discounting System) platforms namely i.e. RXIL (Receivable Exchange of India Limited), M1-xchange (Mynd Solutions Private Limited) and Invoicemart (A.TReDS Limited) and the facility of the same may be availed by Micro, Small and Medium Enterprises (MSMEs) for payment.

9. Performance Security

9.1. The Contractor shall, within twenty-eight (28) days of the intimation of award Contract, provide Contract Performance Guarantee (CPG) for the due performance of the Contract in the amount equivalent to Five percent (5%) of the Contract Price.

9.2. CPG shall be in the form of Insurance Surety Bonds from an Insurer as per guidelines issued by Insurance Regulatory and Development authority of India (IRDAI), account payee Demand Draft, Fixed Deposit Receipt or Banker's Cheque or Bank Guarantee from any of the Commercial Banks.

9.3. In case the CPG is submitted in form of a Bank Guarantee/ Insurance Surety Bond, the validity of the Bank Guarantee/ Insurance Surety Bond shall be 26 months.

9.4. The bank details for submission of Contract Performance Guarantee (CPG) are as follows:

Name of Bank : State Bank of India

Branch Address : Main Branch,

Xxxx Xxxxx Marg,

Hazratganj, Lucknow – 226001,

IFSC Code : SBIN0000125

Account No. : 00000035993161978

9.5. If the Contractor delays submission of the performance security vis-à-vis the period specified in GCC Sub-Clause 9.1, then without prejudice to any other rights or remedies available with the Employer, following shall also be applicable:

a) An amount @preailing SBI Card Rate applicable for Inland Bank Guarantee +2% per annum of the performance security amount for the period of delay shall be paid by the Contractor to the Employer. The Employer may, without prejudice to any other method of recovery, deduct the amount worked out as above from any monies due or to become due to the Contractor under the Contract.

b) The period of delay for the above purpose shall be the time elapsed between the due date for submission of performance security as per the Contract and the date of performance security.

c) In case the Contractor fails to submit the performance security within 90 days of the intimation of award, the Employer, without prejudice to any other rights or remedies it may possess under the Contract, may forfeit the bid security and/or may terminate the Contract forthwith pursuant to GCC Clause 33

9.6. If during execution of the Contract, the Contractor wishes to change the mode of Performance Security, the same shall be allowed only once during the currency of the Contract. The Performance Security submitted earlier shall be returned back after acceptance of the new Performance Security submitted in different mode.

9.6.1.1. The Employer shall be sole judge in above regard.

10. Taxes and Duties

10.1. The Contractor shall be entirely responsible for payment of all taxes, duties, licence fees and other such levies legally payable/incurred until delivery of the contracted supplies/ services to the Employer.

If it is a statutory requirement to make deductions towards such taxes and duties or any other applicable taxes and duties, the same shall be made by the Employer and a certificate for the same shall be issued to the Contractor.

10.2. The Contractor shall be solely responsible for the taxes that may be levied on the Contractor's persons or on earnings of any of his employees and shall hold the Employer indemnified and harmless against any claims that may be made against the Employer. The Employer does not take any responsibility whatsoever regarding taxes under Indian Income Tax Act, for the Contractor or his personnel. If it is obligatory under the provisions of the Indian Income Tax Act, deduction of Income Tax at source shall be made by the Employer.

10.3. Employer would not bear any liability on account of any other taxes, duties, levies applicable locally.

10.4. Employer shall, deduct taxes at source as per the applicable laws/rules, if any, and issue Tax Deduction at Source (TDS) Certificate to the Contractor.

10.5. Reimbursement of GST by the Employer shall be at the rate applicable on the HSN/SAC of the goods/ services supplied by the Contractor to the Employer. The reimbursement of GST shall be against Invoice/Debit Note containing particulars specified under the GST Act and related Rules, Notifications, etc as notified by the Government in this regard. In the event that the Contractor fails to provide the invoice in the form and manner prescribed under the GST Act and Rules, the Employer shall not be liable to make any payment against such invoice.

10.6. The Contractor shall comply with all tax laws in force in India. The Contractor shall indemnify and hold harmless the Employer from and against any and all liabilities, interest, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such tax laws by the Contractor or its personnel.

10.7. Owner’s GSTIN number in each state/UT is published on the Owner’s company website xxxxx://xxx.xxxxxxxxx.xx. While raising invoice for supply of services, the Contractor shall invoice the Owner using the GSTIN of Owner in the state/UT in which the service or part thereof is to be rendered.

10.8. Notwithstanding anything above or elsewhere in the Contract, in the event that the input tax credit of the GST charged by the Contractor is denied by the tax authorities to the Employer for reasons associated with non- compliance/ incorrect compliance by the Contractor, the Employer shall be entitled to recover such amount from the Contractor by way of adjustment from any of the subsequent invoices submitted by the Contractor to the Employer. In addition to the amount of GST, the Employer shall also be entitled to recover interest and penalty, in case any interest and/or penalty are imposed by the tax authorities on the Employer for incorrect/wrong Input Tax Credit availed. The Employer shall determine whether the denial of credit is linked to the non-compliance/incorrect compliance of the Contractor and the said determination shall be binding on the Contractor.

10.9. For the purpose of the Contract, it is agreed that the Contract Price specified in the Contract Agreement is based on the taxes, duties, levies and charges prevailing at the date seven (07) days prior to the last date of bid submission. If any rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or any change in interpretation except for classification related purpose, or application of any Tax occurs in the course of the performance of the Contract, which was or will be assessed on the Contractor in connection with performance of the Contract, an equitable adjustment of the Contract price shall be made to fully take

into account any such change by addition to the Contract price or deduction therefrom, as the case may be, in accordance with GCC Clause 28 (Changes in Laws and Regulations) hereof. These adjustments shall be applicable for all transactions between the Employer and the Contractor for supply of goods and services under the Contract but shall not be applicable on procurement of raw materials, intermediary components etc. by the Contractor and on account of variation in taxes, duties & levies applicable locally.

D. Intellectual Property

11. Copy Right

11.1. The copyright in all drawings, documents and other materials containing data and information furnished to the Employer by the Contractor herein shall remain vested in the Contractor or, if they are furnished to the Employer directly or through the Contractor by any third party, including supplies of materials, the copyright in such materials shall remain vested in such third party.

The Employer shall however be free to reproduce all drawings, documents and other material furnished to the Employer for the purpose of the Contract including, if required, for operation and maintenance.

11.2. The copyright in all drawings, documents and other materials containing data and information furnished to the Contractor by the Employer herein shall remain vested in the Employer.

12. Confidential Information

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

12.2. The Employer shall not use such documents, data and other information received from the Contractor for any purpose other than the operation and maintenance of the Facilities. Similarly, the Contractor shall not use such documents, data and other information received from the Employer for any purpose other than the design, procurement of Plant and Equipment, construction or such other work and services as are required for the performance of the Contract.

12.3. The obligation of a party under GCC Sub-Clauses 12.1 and 12.2 above, however, shall not apply to that information which

(a) now or hereafter enters the public domain through no fault of that party

(b) can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party hereto

12.4. The above provisions of this GCC Clause 12 shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the Facilities or any part thereof.

12.5. The provisions of this GCC Clause 12 shall survive termination, for whatever reason, of the Contract.

12.6. Cyber Security: Agency’s manpower shall not indulge in unauthorized access of the Owner’s PCs /Workstations.

12.7. The photographs taken by agency during maintenance activities and drawings, instruction manuals, technical, operational & other information provided by owner shall not be shared by agency with any Agency/ person other than that authorized by Owner.

E. Execution of the Facilities

13. Representatives

13.1. Owner’s Representative

13.1.1. The engineer-in-charge named in the Contract shall represent and act for the Employer at all times during the currency of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be given by the 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.

13.2. Contractor’s Representative

13.2.1. The Service Provider shall nominate a coordinator / Single Point of Contact (SPOC) as its representative, who shall be responsible for regular interaction with the Owner, so that the services of the persons deployed could be availed without any disruption.

The Service Provider shall be required to keep the Owner updated about change of address, change of its management etc. from time to time.

13.2.2. The Contractor’s Representative shall represent and act for the Contractor at all times during the currency of the Contract and shall give to the engineer-in-charge all the Contractor’s notices, instructions, information and all other communications under the Contract. All notices, instructions, information and all other communications given by the Employer or the engineer-in-charge to the Contractor under the Contract shall be given to the Contractor’s Representative or, in its absence, its deputy, except as herein otherwise provided. The Contractor shall not revoke the appointment of its Representative without the Employer’s prior written consent, which shall not be unreasonably withheld. If the Employer consents thereto, the Contractor shall appoint some other person as the Contractor’s Representative.

14. Deployment of Manpower by Service Provider

14.1. It is the responsibility of the Service Provider to provide manpower as per provision of the Contract. The personnel deployed should not be below the age of 18 years. The person(s) deployed should be efficient while handling the assigned work and complete the assigned work in given timeline. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Owner.

The manpower provided by the Service Provider shall not be deemed employees of the Owner hence the compliance of the applicable acts/ laws will be the sole responsibility of the Service Provider.

14.2. The personnel deployed shall meet the eligibility/ qualification criteria indicated in the technical specification. The deployment of personnel shall be with prior approval of the Owner.

14.3. The Contractor shall provide and employ highly skilled, skilled semi- skilled and unskilled personnel/ labor as is necessary for the proper and timely execution of the Contract. Labour having “Recognition of Prior Learning” (RPL) Certification (under Xxxxxxx Mantri Xxxxxxx Xxxxx Yojana (PMKVY)) can also be employed by the Agency. The Agency is encouraged to use local labor preferably from weaker sections of society particularly SC & ST persons, that has the necessary skills.

14.4. The Service Provider shall provide the documentary proof to the Owner for the qualification and experience of manpower deployed by him. The biodata/ resume, qualification and experience of the said manpower, as required, should be certified by the Service Provider. In case any of such

document is found to be false at any stage, it would be deemed to be a breach of terms of contract making the Service Provider liable for legal action.

14.5. The Service Provider shall be responsible for police verification, character and antecedents verification of the manpower. The same may be verified by the Owner, if Owner so desires.

14.6. The Service Provider shall furnish the following documents to the Owner in respect of the manpower deployed by them.

(a) List of persons deployed;

(b) Biodata/ resume with antecedents details;

(d) Copy of Identity Cards issued by Service Provider (with 8 days of joining);

(e) Copy of Identity proof and residential proof of the person (s);

(f) Copy of police verification certificate;

(g) Copy of birth certificate, if required;

14.7. Service Provider shall ensure that all the deployed manpower shall wear identity card provided by the Service Provider every day during the working hours

14.8. The Service Provider shall be solely responsible for the redressal of grievances/resolution of disputes relating to persons deployed. The Owner shall, in no way be responsible for settlement of such issues whatsoever.

14.9. The Owner may by notice to the Contractor object to any representative or person employed by the Contractor in the execution of the Contract who, in the reasonable opinion of the Owner, may behave inappropriately or may be incompetent or negligent, or may commit a serious breach of the Site regulations or presence at any time is felt undesirable or indulges in theft/ misconduct/ any illegal activity. The Employer shall provide evidence of the same, whereupon the Contractor shall remove such person from the Employer’s premises. The Agency shall be responsible for the same and shall make good the loss suffered by POWERGRID.

If any representative or person employed by the Contractor is removed, the Contractor shall promptly appoint a replacement.

14.10. Conduct & Discipline

(a) The Service Provider shall ensure that the persons deployed by him, during the course of their work shall perform with integrity to the Owner

The Service Provider and its personnel deployed in POWERGRID shall hold all information, data, material, instructions, communications, the terms & conditions of business as strictly confidential, whether received in writing or oral form from POWERGRID and shall not disclose/ share any qualified documents and information which they are not supposed to divulge to Service Provider/ third parties. Any technical/ business information that the Agency’s employees acquire while their engagement in POWERGRID or through access to POWERGRID’s computer system/ network/ database while on or off POWERGRID premises, shall be treated as Confidential information. However, any information, sharing / disclosure of which is required to be done as per any statutory requirement/ compliances, the same shall be informed to POWERGRID in advance.

(b) No deployed manpower shall be allowed to stay in the Owner’s premise/ designated premise unnecessarily after working hours without Owner’s permission.

(c) The Service Provider and its employees shall not at any time do, cause or permit any nuisance in area of work or do nothing which shall cause unnecessary disturbance or inconvenience to owners, tenants or occupants of other properties near the work area and to the public generally. If any employee of the Service Provider is found creating any nuisance then necessary action as deemed fit shall be taken by the Service Provider, immediately on receipt of such information from the engineer-in-charge or his authorized representatives.

(d) The Service Provider’s personnel should be polite, cordial, positive and efficient, while handling the assigned work. The Service Provider shall be responsible for any act of indiscipline on the part of persons deployed by him. The Service Provider shall be bound to prohibit and prevent any of their employees from being intoxicated while on duty, trespassing or acting in any detrimental or prejudicial to the interest of this office. The decision of the engineer-in-charge upon any matter arising under the clause shall be final and binding on the Service Provider.

14.11. Any damages/losses caused by deployed manpower shall be borne by the Service Provider. The owner shall not be responsible for financial loss or any injury to any person deployed by the Service Provider in the course of performing the functions/ duties, or for payments towards any compensation.

Consequent to poor performance of deployed manpower, Service Provider

shall immediately replace the deployed manpower thereby maintaining service levels and continuity.

14.12. The transportation, food, medical and other statutory requirements in respect of each personnel of the Service Provider shall be the responsibility of the Service Provider.

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

14.14. The Service Provider and/or the personnel deployed at the Owner location shall be responsible for its belongings and Owner shall not be liable for any loss, damage, theft, burglary or robbery of any personal belongings, equipment or vehicles of the personnel of the Service Provider.

14.15. Every month, based on the attendance data, the Agency will issue pay slip indicating breakup of Salary/ payment components and credit the salary/ wages in respective bank account of its employees deployed in POWERGRID within 3 days/ latest by 7th day of every calendar month, maintain leave record, and comply with all statutory provisions. It shall provide bank account details of its employees to engineer-in-charge. Every month it shall submit the details of attendance along with, copies of pay slips, proof of all bank transfer/ECS of salary/ wages payments and all statutory payment receipts (PF, ESI, EC Premium, Mediclaim premium, Taxes etc.) to the engineer-in-charge along with the monthly bill.

14.16. The Service Provider shall pay to Employees employed by him directly wages not less than minimum wages & DA as notified through relevant notification for the category of resource.

After award of Contract, if the Service Provider is found to be charging any amount from the manpower on its roll in any manner, the contract shall be terminated immediately with forfeiture of Performance Security amount. Any amount received from its manpower as registration or any fees by the Service Provider will be recovered from the pending bills and will be paid directly to the concerned manpower.

14.17. In case the submission of monthly bills is delayed by the Service Provider beyond 15 days from the last day of the month in which the services have been provided, the entire liability towards payment of interest / penalty to the tax authorities shall be borne by the Service Provider.

14.18. In case POWERGRID receives any complaint regarding non-payment of wages to personnel deployed/ engaged for providing services to

POWERGRID, the amount so payable to these personnel shall be recovered from the Agency’s bill/ other dues/ security deposits and paid to such personnel.

15. Subcontracting

15.1. The Contractor shall not sublet nor deploy any Subcontractor for any part of the service under this Contract.

16. Site Regulations and Safety

16.1. The Agency has to provide sufficient quantity of Personal Protective Equipment (PPE)/ safety equipment conforming to Indian / International standards and provide this equipment to its manpower at site as per the work requirement. The Agency's Maintenance In-charge has to ensure that all deployed manpower must use requisite Personal Protective Equipment/ safety equipment at site.

16.2. The Agency shall submit relevant test certificates as per IS/IEC/ International standard as applicable to PPEs & T&Ps to the Owner before its usage.

16.3. Owner may issue warning letter to Maintenance In-charge of Agency in violation of above norms.

16.4. If the contactor does not take adequate safety precautions and/ or fails to comply with the safety rules as prescribed under the applicable law for the safety of the equipment and for the safety of personnel or the contactor does not prevent hazardous conditions which causes injury to his own employees or the employees of the Owner or employees of the other contractors/ agencies or any other person who are at site or adjacent thereto It may be noted that in case, accident involves a manpower deployed by Agency at work site or general public, then Agency Maintenance In-charge shall report/inform the accident immediately to the Owner and to all the concerned Statutory Authorities i.e.

(a) The officer in-charge of the nearest Police Station of the associated Police Station.

(b) District administration (District Magistrate/ Sub-Divisional Magistrate)

(d) Commissioner of Employee Compensation (State) with which the person involved was registered as beneficiary, and

(e) The next of kin or other relative of the person involved in the accident.

(f) Insurance company

16.5. In case of an accident happens, the affected person(s) must be administered first-aid and all efforts made to immediately shift to nearby Hospital or any other such place for medical treatment. It should be the responsibility of the Agency to furnish all details in this regard to the Owner in writing. Failure to comply with requirement may entitle the Owner to withhold any dues or suspend the work that is being carried out by the Agency and recover the damages/ costs arisen from such non-compliance by the Agency. The Agency’s Maintenance In-charge ensures compliance of the same.

17. Safety Rules

a) Each employee shall be provided with initial indoctrination regarding safety by the Contractor, so as to enable him to conduct his work in a safe manner.

b) No employee shall be given a new assignment of work unfamiliar to him without proper introduction as to the hazards incident thereto, both to himself and his fellow employees.

c) Under no circumstances shall an employee hurry or take unnecessary chance when working under hazardous conditions.

d) Employees must not leave naked fires unattended. Smoking shall not be permitted around fire prone areas and adequate fire fighting equipment shall be provided at crucial locations.

e) Employees under the influence of any intoxicating beverage, even to the slightest degree shall not be permitted to remain at work.

f) There shall be a suitable arrangement at every work site for rendering prompt and sufficient first aid to the injured.

g) The staircases and passageways shall be adequately lighted.

h) The employees when working around moving machinery, must not be permitted to wear loose garments. Safety shoes are recommended when working in shops or places where materials or tools are likely to fall. Only experienced workers shall be permitted to go behind guard rails or to clean around energized or moving equipment.

i) The employees must use the standard protection equipment intended

for each job. Each piece of equipment shall be inspected before and after it is used.

j) Requirements of ventilation in underwater working to licensed and experienced divers, use of gum boots for working in slushy or in inundated conditions are essential requirements to be fulfilled.

k) In case of rock excavation, blasting shall invariably be done through licensed blasters and other precautions during blasting and storage/ transport of charge material shall be observed strictly.

18. Safety Provisions

18.1. The Contractor shall be responsible for the safety during all activities at the Site.

18.2. The Contractor shall:

(a) comply with all applicable safety regulations and Laws;

(b) comply with all applicable safety obligations specified in the Contract;

(c) ensure proper safety of all workmen, materials, plant and equipment belonging to him working at site or entitled to be on the site or other places, if any, where the works are being executed. Contractor shall be responsible for safety of all employees/workmen belonging to him.

18.3. All equipment (machineries/ lifting T&Ps/ wire sling/ polypropylene ropes etc.) shall be strictly operated/used and maintained by the Contractor in accordance with manufacturer’s Operation Manual /safety instructions and as per guidelines/rules of Employer in this regard.

18.4. The Contractor shall not make any connection/change in any electrical equipment belonging to the Employer or other Contractors without prior written permission of Engineer-in-charge.

18.5. The equipment must be declared safe by the Engineer-in-Charge and a permit to work/permission shall be issued by the Engineer-in-Charge before any work. No work shall be carried out on any live equipment.

18.6. The Contractor shall deploy fulltime Supervisor or Safety Supervisor/Xxxxxxx (if deployed workmen are more than 10 at a site). He shall brief to each worker daily before start of work about safety requirement and precautions to be taken against the imminent dangers (Daily Safety pep-talk).

In-case of manpower deployed at a site is less than 10 then Agency will nominate senior most experienced worker as gang leader/xxxxxxx for above works.

18.7. In case of any accident

(a) The Contractor shall promptly inform to the Engineer-in-Charge and also to all the authorities envisaged under the applicable laws.

(b) The Contractor shall ensure that the affected person(s) must be administered first-aid and all efforts made to immediately shift to nearby hospital or any other such place for medical treatment. Contractor shall bear all medical expenditure for treatment of accident victim.

18.8. POWERGRID’s Engineer-in-charge or his deputed representative shall have the right at his sole discretion to stop the work, if in his opinion the work is being carried out in such a way that it may cause accidents and endanger the safety of the persons and/or property, and/or equipment.

18.9. It is mandatory for the Contractor to observe the following during the execution of the works:

(a) Safety induction training (02-days training for skilled/semi-skilled & 01-day training for unskilled) shall be provided by the Contractor to the staff/ gang.

(b) Contractor shall procure (if required) sufficient quantity of Earthing equipment/ Earthing devices complying with requirements of relevant IEC standards and to the satisfaction of POWERGRID Engineer In-Charge.

(c) The Contractor shall provide standard personal protective equipment (helmet, electrical safety shoe, gloves, goggles, safety harness, fall arrestors, reflective jackets) and sufficient quantity of tools to all employees and workmen as per the need or as may be directed by the Engineer-in-Charge.

(d) Contractor shall provide communication facilities as per requirement i.e. walky-talkie/mega-phones/mobile phone, display of flags/whistles for easy communication among workers during the activity.

(e) The gang leader /supervisor staff present at ground should have constant xxxxx on the workers working at height to alert them. Workers working at height should not be allowed use of mobile phone.

(f) Labour camps shall be provided to the workers wherever necessary. Camps shall be adequately lighted, ventilated, maintained in a clean and sanitary condition with proper toilet facility.

(g) First-aid box should be available at site.

18.10. The Contractor shall provide safe working conditions to all workmen and potable/ safe drinking water for workers at site /at camp with required hygiene and sanitation.

18.11. The Contractor shall submit the following documents to the Engineer-in- charge before deployment of man power (or) before start of work:

(a) Safe work procedure for each activity to be prepared by the Contractor and to be submitted to Engineer in-Charge.

(b) Safety Policy/ Safety Document of the Contractor’s company.

(d) Health checkup of all workers from competent agencies/departments before deployment at site.

(e) Documentary evidences in regard to compliance to various Statutory Requirements i.e. License’s (Labour license, Electrical license, Explosive license etc.), certificates & registration’s (BOCW), Insurance (WC policy/ ESIC, public liability etc.).

18.12. In case of accidents, the following methodology will be adopted:

(a) In case of first fatal accident at the site (or adjacent thereto) of bidder during financial year, bids submitted by such bidder shall be considered non- responsive for all regional /site packages across POWERGRID (including consultancy) whose date of bid opening, originally scheduled and/or actual, falls within the 06 months reckoned from the date of the first fatal accident.

(b) Subsequent to bidder’s involvement in two cumulative fatal accidents during any financial year, bids submitted by such bidder shall be considered non-responsive for all regional/site packages across POWERGRID (including consultancy) whose date of bid opening, originally scheduled and/or actual, falls within the 01-year reckoned from the date of the second fatal accident (or) 18 months from the date of first fatal accident, whichever is later.

(c) For every subsequent fatal accident in same financial year bids shall be considered non-responsive in the manner as above for additional 12-month period. This period shall however, in sequence to and shall commence after expiry of non-responsiveness period on account of earlier accidents.

(d) Non-responsiveness period shall be irrespective of financial years and shall be in sequence to expiry of earlier non-responsiveness period.

18.13. Notwithstanding above, if the original contract price is above ₹1 crore, the Contractor shall also be responsible for payment of a sum as indicated below to be deposited in the “Safety Corpus Fund”.

(a)

Upon 1st accident causing fatal/ accident

causing 25% or more permanent disablement.

1% of the Contract price, as awarded.

(b)

Upon 2nd accident causing fatal/

accident causing 25% or more permanent disablement.

2% of the Contract price, as awarded.

(c)

Re-occurrence of accident causing fatal/

accident causing 25% or more permanent disablement even after the 2nd accident

3% of the Contract price, as awarded.

For the purpose of recovery under this clause, the count of accident shall be package wise.

The amount deposited in Safety Corpus fund shall be utilized for general safety awareness for contract workers across POWERGRID (owned as well as consultancy). GST, if any, applicable on recoveries as mentioned in this clause, shall be payable by the Contractor in addition to the amount of recoveries mentioned therein.

18.14. Non-reporting of any accident to the Employer in any ongoing contract with the Employer or any suppression of facts/related information in regard to accident shall lead to determination of bid of such Contractors as non-responsive for all packages whose date of bid opening, originally scheduled and/or actual falls within a period of one year reckoned from the date on which the Employer determines Non-reporting of the accident/Suppression of facts/related information in regard to accident by the Contractor.

19. Compliance with Labour Regulations

19.1. During continuance of the contract, the Contractor shall abide at all times by all applicable existing labour enactments and rules made thereunder, regulations notifications and byelaws of the 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 employees of the Contractor, in no case, shall be treated as the employees of the Employer at any point of time.

19.2. The Contractor shall keep the Employer indemnified in case any action is taken against the Employer by the competent authority on account of contravention of any of the provisions of any Act or rules made thereunder,

regulations or notifications including amendments.

19.3. If the Employer is caused to pay under any law as principal employer such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/ byelaws/Acts/ Rules/regulations including amendments, if any, on the part of the Contractor, the Employer shall have the right to deduct any money due to the Contractor under this contract or any other contract with the employer including his amount of performance security for adjusting the aforesaid payment. The 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.

Notwithstanding the above, the Contractor shall furnish to the Employer the details/documents evidencing the Contractor’s compliance to the laws applicable to establishments engaged in building and other construction works, as may be sought by the Employer. In particular the Contractor shall submit quarterly certificate regarding compliance in respect of provisions of Employees’ Provident Fund and Misc. Provisions Act 1952 to the Employer. For this purpose, the Contractor should have Provident Fund Code Number and all the workers deployed by the Contractor must be enrolled as members of Provident Fund having an Universal Account Number (UAN).

19.4. Salient features of some major laws applicable to establishments engaged in building and other construction works:

(a) Workmen Compensation Act 1923: The Act provides for compensation in case of injury by accident arising out of and during the course of employment.

(b) 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 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.

(c) Employee P.F. and Miscellaneous Provision Act 1952: The Act provides for monthly contribution by the employer plus workers @ 10% or 8.33%. The benefits under the Act are:

(i) Pension or family pension on retirement or death, as the case may be.

(ii) Deposit linked insurance on death in harness of the worker.

(iii) Payment of P.F. accumulation on retirement/death etc.

(d) Maternity Benefit Act 1951: The Act provides for leave and some other

benefits to women employees in case of confinement or miscarriage etc.

(e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain welfare measures 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 by law. The Principal Employer is required to take Certification of Registration and the Contractor is required to take license from the designated Officer. The Act is applicable to the establishments or Contractor of Principal Employer if they employ 20 or more labour contract labour.

(f) Minimum Wages Act 1948: The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provision of the Act if the employment is a scheduled employment. Construction of Buildings, Roads, Runways are scheduled employments.

(g) Payment of Wages Act 1936: 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.

(h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of equal nature to Male and Female workers and for not making discrimination against Female employees in the matters of transfers, training and promotions etc.

(i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or more employees. 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 Rs. 3500/- per month or less. The bonus is to be paid to employees getting Rs. 2500/- per month or above upto Rs. 3500/- per month shall be worked out by taking wages as Rs. 2500/- per month only. The Act does not apply to certain establishments. The newly set-up establishments are exempted for five years in certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of this Act.

(j) Industrial Dispute Act 1947: the Act lays down the machinery the 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.

(k) Industrial Employment (Standing Orders) Act 1946: 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.

(l) 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.

(m) Child Labour (Prohibition & 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.

(n) Inter-State Migrant workmen’s (Regulation of Employment & 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 Inter- State 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.

(o) 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 at the rate not exceeding 2% of the cost of construction as may be modified by the Government. The Employer of the establishment is required to provide safety measures at the Building or construction work and other welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing accommodations for workers near the work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the government.

(p) Factories Act 1948: The Act lays down the procedure for approval at plans before setting up a factory, health and safety provisions, welfare provisions, working hours, annual earned leave and rendering information regarding accidents or dangerous occurrences to designated authorities. It is applicable to premises employing 10

persons or more with aid of power or 20 or more persons without the aid of power engaged in manufacturing process.

20. Protection of Environment

20.1. The Contractor shall take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as consequence of his methods of operation.

During continuance of the Contract, the Contractor shall abide at all times by all existing enactments on environmental protection and rules made thereunder, regulations, notifications and bye-laws of the State or Central Government, or local authorities and any other law, bye-law, regulations that may be passed or notification that may be issued in this respect in future by the State or Central Government or the local authority.

Salient features of some of the major laws that are applicable are given below:

The Water (Prevention and Control of Pollution) Act, 1974, This provides for the prevention and control of water pollution and the maintaining and restoring of wholesomeness of water. ‘Pollution’ means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.

The Air (Prevention and Control of Pollution) Act, 1981, This provides for prevention, control and abatement of air pollution ‘Air Pollution’ means the presence in the atmosphere of any ‘air pollutant’, which means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.

The Environment (Protection) Act, 1986, This provides for the protection and improvement of environment and for matters connected therewith, and the prevention of hazards to human beings, other living creatures, plants and property. ‘Environment’ includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.

The Public Liability Insurance Act, 1991, This provides for public liability

insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling hazardous substances and for matters connected herewith or incidental thereto. Hazardous substance means any substance or preparation which is defined as hazardous substance under Environment (Protection) Act, 1986, and exceeding such quantity as may be specified by notification by the Central Government.

F. Guarantees and Liabilities

21. Liquidated Damages/Deduction towards non-performance/Absence of Manpower

21.1. Insufficient Manpower:

Agency to ensure availability of the manpower as per the minimum manpower requirement to manage the Operation & Maintenance efficiently. In case of resignation, absconding of the manpower from their duties, agency should bring the same in notice of the Owner within 4 days of incident and should arrange a suitable replacement within one week.

The Manpower deployment shall be 100% of the minimum Manpower as defined at in Scope of Work.

Total presence required in a month for all personnel : 26 days. Mandatory presence required in a Month for all personnel : 24 days

Failing Mandatory presence required in a Month, proportionate deduction for the relevant month shall be applicable as per table below:

Sl. No.	Description of Manpower	Deduction in INR per day per person on non- deployment less than mandatory presence
1.	Maintenance Incharge	4,000
2.	Maintenance Engineer	2,400
3.	Diploma Engineer	2,000
4.	Fitter/ Electrician	1,400

Absences of personnel for any reason shall be duly made up by deploying alternate staff on a best endeavor basis. Agency to arrange a suitable replacement against the staff member going to avail a planned leave more than 10 Days in succession in a month.

Agency shall ensure 1-month overlap period in case of change of manpower. Penalty of 30 days will be imposed for the respective manpower for non-compliance (deduction per day rate shall be as per

above table).

21.2. Delay in Payment of Wages:

For any delay in payment of wages/ salary beyond the seventh day of any month by the agency to any of its employees deployed in POWERGRID, liquidated damages of Rs. 250/- per day per employee shall be levied from the agency by the POWERGRID for each case of default.

Engineer In-Charge of the contract will ensure strict compliance with this provision.

21.3. Non-Deployment of Vehicle:

Deduction of Rs. 2,000.00 for non-deployment of minimum one vehicle per day as per the scope of work.

22. Defect Liability

22.1. There is no Defect Liability Period for the Contract.

23. Patent Indemnity

23.1. The Contractor shall, subject to the Employer’s compliance with GCC Sub- Clause 23.2, indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: (a) the installation of the Facilities by the Contractor or the use of the Facilities in the country where the Site is located; and (b) the sale of the products produced by the Facilities in any country.

Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use of the Facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, plant or materials not supplied by the Contractor, pursuant to the Contract Agreement.

23.2. If any proceedings are brought or any claim is made against the Employer arising out of the matters referred to in GCC Sub-Clause 23.1, the Employer shall promptly give the Contractor a notice thereof, and the Contractor may

at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing.

23.3. The Employer shall indemnify and hold harmless the Contractor and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Contractor may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Employer.

24. Limitation of Liability

24.1. Except in cases of gross negligence or willful misconduct,

(a) the Contractor and the Employer shall not be liable to the other party for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated damages to the Employer and

(b) the aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Employer with respect to patent infringement.

G. Risk Distribution

25. Care of Facilities

25.1. The Agency shall be responsible for the care and custody of spares and other material during handling.

26. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification

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

26.2. If any proceedings are brought or any claim is made against the Employer that might subject the Contractor to liability under GCC Sub-Clause 26.1, the Employer shall promptly give the Contractor a notice thereof and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim.

26.3. Notwithstanding anything in this Contract to the contrary, it is agreed that neither the Contractor nor the Employer shall be liable to the other party for loss of production, loss of profit, loss of use or any other indirect or consequential damages.

27. Insurance

27.1. Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below. The identity of the insurers and

the form of the policies shall be subject to the approval of the Employer, who should not unreasonably withhold such approval.

27.1.1. Employee Compensation Policy

27.1.1.1. The agency shall mandatorily cover its deployed personnel under ESI. Locations where ESI benefits are not extended/ if employees are not covered under ESI, the agency shall make available equivalent insurance coverage under the provisions of Employees Compensation Act (EC Act 1923).

27.1.1.2. The Agency shall also take mediclaim policy of Rs. Two Lakhs towards medical coverage for each of its staff deployed in POWERGRID. The Agency shall arrange for necessary ESI / EC cover & medical even for any staff deployed for very short duration. The expenditure incurred towards contributions/ premium for such policies shall be borne by the agency without any additional cost to the Owner. It shall be obligatory on the part of the agency to provide a copy of ESI Cards/ Employee Compensation (EC) policy and group medical insurance/ Mediclaim for the manpower deployed before commencement of work to the engineer-in-charge of Owner. The above policies should be valid throughout the duration of the contract.

27.1.1.3. The Agency shall ensure that all legal dues, including Employees Compensation against Employee Compensation Policy, is paid to the legal heir of the deceased/injured within the time frame as per Employee (Workmen) Compensation Act. If Agency failed to deposit the Compensation amount to the concerned Compensation Commissioner, equivalent amount shall be with-held from running bills of Agency and POWERGRID shall submit the same to Commissionerate office without delay.

27.1.1.4. Without relieving the Contractor of its obligations and responsibilities under this Contract, before commencing work the Contractor shall insure against liability for death of or injury to persons employed by the Contractor including liability by statute and at common law. The insurance cover shall be maintained until all work including remedial work is completed including the Defect Liability Period. The insurance shall be extended to indemnify the Principal for the Principal’s statutory liability to persons employed by the Contractor.

27.1.2. Erection All Risk Policy/Contractor All Risk Policy

27.1.2.1. The policy should cover all physical loss or damage to the facility at site during storage, erection and commissioning covering all the perils as provided in the policy as a basic cover and the add on covers as mentioned

at paragraph 27.1.2.3 below.

27.1.2.2. The Contractor shall take the policy in the joint name of Employer and the Contractor. All these policies shall indicate Employer as the beneficiary. The above policy should be valid throughout the duration of the contract.

27.1.2.3. The following add-on covers shall also be taken by the Agency.

Third Party Liability cover with cross Liability within Geographical limits of India as on Add-on cover to the basic EAR cover:

The third party liability add-on cover shall cover bodily injury or death suffered by third parties (including the Employer’s personnel) and loss of or damage to property (including the Employer’s property and any parts of the Facilities which have been accepted by the Employer) occurring in connection with supply and installation of the Facilities.

27.1.2.4. If during the execution of Contract, the Employer requests the Contractor to take any other add-on cover(s)/ supplementary cover(s) in aforesaid insurance, in such a case, the Contractor shall promptly take such add-on cover(s)/ supplementary cover(s) and the charges towards such premium for such add-on cover(s)/ supplementary cover(s) shall be reimbursed to the Contractor on submission documentary evidence of payment to the Insurance company. Therefore, charges towards premium for such add-on cover(s)/ supplementary cover(s) are not included in the Contract Price.

27.1.3. Automobile Liability Insurance

27.1.3.1. The Contractor shall ensure that all the vehicles deployed by the Contractor (whether or not owned by them) in connection with the execution of the scope of work are duly insured as per RTA act. Further the Contractor may also take comprehensive policy (own damage plus third party liability) of each individual vehicles deployed in the project on their own discretion in their own name to protect their own interest.

27.2. Unless otherwise provided in the Contract, the Contractor shall prepare and conduct all and any claims made under the policies effected by it pursuant to this GCC Clause 27, and the monies payable by any insurers under all the insurance except Third Party Liability Insurance and Workmen Compensation Policy, shall be paid to the Special Account to be opened in the joint name of the Employer and the Contractor as mutually agreed and such amounts paid shall be apportioned between the Employer and the Contractor in accordance with the respective responsibilities under the Contract. The Employer shall give to the Contractor all such reasonable assistance as may be required by the Contractor. With respect to insurance claims in which the Employer's interest is involved, the

Contractor shall not give any release or make any compromise with the insurer without the prior written consent of the Employer. With respect to insurance claims in which the Contractor's interest is involved, the Employer shall not give any release or make any compromise with the insurer without the prior written consent of the Contractor.

28. Change in Laws and Regulations

28.1. If, after the date seven (07) days prior to the date of Bid Opening, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed in India (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the costs and expenses of the Contractor, the Contract Price shall be correspondingly increased or decreased, to the extent that the Contractor has thereby been affected in the performance of any of its obligations under the Contract. These adjustments shall be applicable for all transactions between the Employer and the Contractor.

29. Force Majeure

29.1. “Force Majeure” shall mean any event beyond the reasonable control of the Employer or of the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include, without limitation, the following:

(a) war, hostilities or warlike operations (whether war be declared or not), invasion, act of foreign enemy and civil war,

(b) rebellion, revolution, insurrection, mutiny, usurpation of government, conspiracy, riot and civil commotion,

(c) earthquake, landslide, volcanic activity, flood or cyclone, or other inclement weather condition, nuclear and pressure waves or other natural or physical disaster,

(a) Neither party shall be considered to be in default or in breach of his obligations under the Contract to the extent that performance of such obligation is prevented by any circumstances of Force xxxxxx, which arises after date of Notification of Award.

(b) If either party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

(c) The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed.

H. Change in Contract Elements

30. Change in the Facilities

30.1. The requirement of manpower may increase or decrease during the period of the contract. In case of decrease in the requirement, the same will be informed to the Service Provider and additional manpower shall be withdrawn by the Contractor at the given time. If the requirement is increased, the Service Provider shall provide additional manpower on the same terms and conditions in reasonable time.

30.2. The above variation in the manpower shall be ± 25% of initially awarded contract price, during the initial duration of the Contract. If the duration of the Contract is extended, the above variation in the manpower during extended period of the contract shall be ± 25% of total contract price for the extended period.

31. Extension of Duration of Contract

31.1. On the basis of performance evaluated by the Owner, if Services provided by the agency are found to be satisfactory, the contract may be extended for a further period of (01) One Year, subject to acceptance of extension by the agency, with an escalation of 3.51% on annual contract price. However, this will be the sole prerogative of Owner and the agency shall have no right to ask for extension.

32. Suspension

32.1. The Employer, by notice to the Contractor, order the Contractor to suspend performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the effective date of the suspension and the reasons therefor. The Contractor shall thereupon suspend performance of such obligation (except those obligations necessary for the care or preservation of the Facilities) until ordered in writing to resume such performance by the engineer-in-charge.

If, by virtue of a suspension order given by the engineer-in-charge, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an

aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the engineer-in-charge requiring that the Employer shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change excluding the performance of the suspended obligations from the Contract.

If the Employer fails to do so within such period, the Contractor may, by a further notice to the Project Mana engineer-in-charge, elect to treat the suspension, where it affects a part only of the Facilities, as a deletion of such part from the contract, or, where it affects the whole of the Facilities, as termination of the Contract.

33. Termination

33.1. The Contract shall be come to an end either on completion of the Contract Period or shall be terminated for the following reasons:

33.1.1. If the Contractor

(a) has abandoned or repudiated the Contract

(b) has without valid reason failed to commence work on the Facilities promptly or has suspended the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Employer to proceed

(c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause

(d) refuses or is unable to provide sufficient manpower to perform the contract

(e) becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt

(f) assigns or transfers the Contract or any right or interest therein in violation of the provision

(g) has caused breach of contractual obligations,

then the Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this

In case of such termination of the Contract, in part or in whole, the Employer shall be entitled to get the balance work executed under the Contract at risk and cost of the Service Provider.

33.1.2. Termination for Employer’s Convenience: If at any time after acceptance of the tender, the Employer shall decide to abandon or reduce or increase the scope of works for any reason whatsoever and hence not require the whole or any part of the works to be carried out the engineer-in-charge shall give 01 (One) month notice in writing to that effect to the Service Provider and the Service Provider shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which might have derived from the execution of contract in full but which did not derive in consequence of the fore-closure of the whole or part of the works

The Service Provider shall, however, be paid at Contract rates full amount for works executed.

33.1.3. If the Service Provider is an individual or a proprietor concern and the individual or the proprietor dies and if the Service Provider is a partnership concern and one of the partners dies then unless the engineer-in-charge is satisfied that the legal representative of the individual Service Provider 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 to the estate of the deceased Service Provider and/or to the surviving partners of the Service Provider’s firm on account of the termination of the Contract. The decision of the engineer-in-charge that the legal representative of the deceased Service Provider or the surviving partners of the deceased Service Provider or the surviving partners of the Service Provider’s cannot carry out and complete 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 Service Provider and/or the surviving partners of the Service Provider’s firm liable for damages for not completing the Contract.

33.1.4. If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

For the purpose of this Sub-Clause:

(i) “Corrupt practice” means offering, giving, receiving, or soliciting anything of value to influence the action of Employer official(s) in the procurement process;

(ii) “Fraudulent practice” means any act including suppression/ misrepresentation of facts, submissions of forged/ false documents, making false declarations etc. that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial gain or benefit, or to avoid an obligation, or to influence procurement process to the detriment of interest of the Employer, including collusive practices among bidders (prior to or after bid submission) to establish bid prices at artificial, non-competitive levels and to deprive Employer of the benefits of competitive prices;

(iii) “Collusive practice” shall also include an arrangement between two or more parties designed to achieve an illegitimate purpose to the detriment of interest of Employer;

(iv) “Coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

(v) “Obstructive practice” is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/ or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation;

(bb) acts intended to materially impede the exercise of the contractual rights or audit or access to information.

In persuasions of its policy, the Employer will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm has,

directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a contract.

33.1.5. Short Closing of Contract due to Transfer of Asset: Owner may short close this contract with sixty (60) days prior written notice to agency, upon the occurrence of: Sale or transfer by owner of its rights in the project or a sale or transfer of all or substantially all of the assets of or interests in Owner

34. Assignment

34.1. Neither the Employer nor the Contractor shall, without the express prior written consent of the other party (which consent shall not be unreasonably withheld), assign to any third party the Contract or any part thereof, or any right, benefit, obligation or interest therein or thereunder.

I. Resolution of Disputes

35. Settlement of Disputes

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

35.2. If the parties fail to resolve such a dispute or difference by mutual consultation at the execution site level, then the dispute shall be referred by the Contractor to the engineer-in-charge, who, within a period of thirty (30) days after being requested by Contractor to do so, shall give written notice of his decision.

35.2.1. The decision/instruction of the engineer-in-charge shall be deemed to have been accepted by the Contractor unless notified by the Contractor of his intention to refer the matter for Arbitration within thirty (30) days of such decision/instruction.

35.2.2. In the event the engineer-in-charge fails to notify his decision as aforesaid within thirty (30) days, the Contractor, if he intends to go for Arbitration, shall notify his intention to the Project Manager within 30 days of expiry of the first mentioned period of thirty days failing which it shall be deemed that there are no dispute or difference between the Employer and the Contractor.

35.3. In case of dispute or difference between the Employer and the Contractor, if the Employer intends to go for Arbitration, he shall notify such intention to the Contractor.

36. Arbitration

36.1. All disputes or differences in respect of which the decision, if any, of the Project Manager and/or the Head of the Implementing Authority has not become final or binding as aforesaid shall be settled by arbitration in the manner provided herein below:

36.2. The arbitration shall be conducted by a sole arbitrator in case the amount of claim is less than Rs. 25 Crore and by three member arbitral tribunal in case the amount of claim is greater than Rs. 25 Crore.

Sole Arbitration

The sole Arbitrator shall be chosen from a panel of empanelled Arbitrators maintained by POWERGRID. The same shall comprise of retired Judges and retired Senior executives of PSUs other than POWERGRID. Further, the choice of sole Arbitrator shall be governed by the amount of claim in the following manner:

Sl.

No.

Claim Amount

Work Experience/ Qualifications

< Rs. 10 Crore

Sole Arbitrator - Retired Senior Executives of PSUs other than POWERGRID/Retired Distt Judges/ High Court Judges.

Rs.10 Crore - Rs.25

Crore

Sole Arbitrator - Retired High

Court/Supreme Court Judges

(a) In case of invocation of arbitration by POWERGRID, POWERGRID shall, within 30 days, send a list of names of 3 arbitrators from its list/database of Arbitrators and the contractor shall within the period of further 30 days select any one person to act as “Sole Arbitrator”, which will be confirmed by POWERGRID and matter will be referred to such appointed Arbitrator for further arbitration proceedings.

(b) In case of invocation of arbitration by the Contractor, the Contractor shall request POWERGRID for its database of Arbitrators/chose from the list of Arbitrators available on POWERGRID‟s website, and the contractor shall, within 30 days, select any one Arbitrator from the above to act as “Sole Arbitrator”, which will be confirmed by POWERGRID within 30 days and matter will be referred to such appointed Arbitrator for further arbitration proceedings.

If the parties fail to appoint sole arbitrator within sixty (60) days after receipt of a notice from the other party invoking Arbitration, the appointment of sole arbitrator shall be done by Courts as per the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof.

Three member arbitral tribunal

The arbitration shall be conducted by three arbitrators, who are retired High Court/Supreme Court Judges, one each to be nominated by the Contractor and the Employer and the third to be appointed by both the arbitrators in accordance with the Indian Arbitration & Conciliation Act. If either of the parties fails to appoint its arbitrator within sixty (60) days after receipt of a notice from the other party invoking the Arbitration clause, the arbitrator appointed by the party invoking the arbitration clause shall become the sole arbitrator to conduct the arbitration. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus regarding appointment of presiding Arbitrator, within a period of 30 days from the appointment of the arbitrator appointed subsequently, the presiding arbitrator shall be appointed by Courts as per the provisions of Arbitration & Conciliation Act.

36.3. The cost of arbitral proceedings inter-alia including the Arbitrators’ fee,

logistics and any other charges shall be equally shared by both parties.

In case of Sole Arbitrator, the fees to be paid to the sole Arbitrator shall be as per the terms of empanelment in POWERGRID whereas in case of the three member tribunal, the Arbitrator’s fees shall be as agreed upon by the Arbitrators in line with the Arbitration & Conciliation Act. However, the expenses incurred by each party in connection with the preparation, presentation, etc. of its proceedings shall be borne by each party itself

36.4. The language of the arbitration proceedings and that of the documents and communications between the parties shall be English. The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The venue of arbitration shall be New Delhi.

36.5. The decision of the sole arbitrator/ the majority of the arbitrators, as the case may be, shall be final and binding upon the parties. In the event of any of the sole arbitrator/ any of the aforesaid arbitrators dying, neglecting, resigning or being unable to act for any reason, it will be lawful for the parties to nominate another sole arbitrator/another arbitrator in place of the outgoing arbitrator.

36.6. Notwithstanding the above, in case the agency is a Central Public Sector Enterprise (CPSE)/Government Organization or Department then the dispute or difference between the Owner and the Agency shall be settled through Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22.05.2018. The decision through AMRCD will be final and binding on all the concerned.

36.7. During settlement of disputes and arbitration proceedings, both parties shall be obliged to carry out their respective obligations under the Contract.

37. Conciliation

37.1. The mechanism of Dispute resolution through Conciliation shall be available in cases where the amount involved in the dispute exceeds INR 1 Cr.

37.2. The settlement of Disputes through conciliation mechanism shall be done by the Conciliation Committee of Independent Experts (CCIE) constituted by Ministry of Power, Govt. of India as per the procedure outlined in its OM dated 29.12.2021 as detailed herein below and its subsequent amendments/modifications (if any).

37.2.1. Each member of CCIE would be paid a sum of Rs. 50,000/- as sitting fee per sitting. In addition, Rs. 5,000/- per sitting will be paid for local transport charges for each day of proceeding. The conciliation proceedings shall be completed in each case through 5 sittings in a period of not more than three months from the date the reference made to the CCIE. In exceptional cases, if any dispute so merits, the time period may be extended at the discretion of Conciliation Committee (with reasons to be recorded in writing), for a further period of three months. In case, a particular dispute requires more than 5 sittings, the same may be held at the discretion of the CCIE but with a cap on payment of fee for 5 sittings only. The local transport charges shall, however, be paid as provided for each day of sitting beyond the 5 sittings.

37.2.2. The CCIE shall hold day to day sitting at the Headquarter of the Employer or New Delhi and may hold as many sittings every month as it deems appropriate keeping in view the volume of work.

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

37.3. The procedure of CCIE shall not be treated as alternate arbitration

proceedings where both parties come with Statement of claims/defence, arguments/counter arguments, rejoinders, written submissions etc., aided by their respective lawyers. The forum of CCIE is a conciliation forum, where mutual give and take constitutes the essence, rather than strict legal positions of the parties. Hence, the parties are expected to be brief and to the point before the committee with regard to their respective stance and view the exercise in the spirit of conciliation / settlement.

37.4. The Standard Operating Procedure for the conciliation mechanism shall be as follows:

i) On receipt of a reference from the Contractor for conciliation of dispute, the concerned Executive Director (Region) of the Employer shall send a communication within 7 working days thereby inviting the Contractor to depute a team of their representatives to interact with the Employer to crystallize the issues and prepare the agenda containing the gist on each dispute.

ii) Once a conciliation request has been raised by the contractor, within 30 days the same shall be referred to the CCIE in the event of the matter remaining unresolved internally.

iii) The Employer will also be free to suggest the option of resolution of disputes by conciliation in case a dispute has arisen. The contractor may select any one of the CCIEs as constituted by MOP after leaving out those CCIEs which are unavailable due to work load or any other reason as maintained by Central Electricity Authority (CEA).

iv) The Conciliation process shall be conducted under Part III of the Arbitration and Conciliation Act, 1996.

v) The Conciliation Committee would either be able to resolve and settle the dispute(s) between the parties, or the process may fail.

vi) In the event of the conciliation proceedings being successful, the parties to the dispute would sign the written settlement agreement and the conciliators would authenticate the same. Such settlement agreement would then be binding on the parties in terms of Section 73 of the Arbitration and Conciliation Act, 1996.

vii) After successful conclusion of Conciliation, proceedings, the Parties to the conciliation process, have to undertake and complete all necessary actions for implementation of the terms of settlement within a period of 30 days from execution of settlement agreement, unless a different timeline not exceeding 60 days is agreed upon in settlement agreement. All pending claims of parties, in connection

with the dispute, before any other legal forum are to be withdrawn within the said 30 days in pursuance of the settlement agreement.

viii) In case of failure of the conciliation process at the level of the Conciliation Committee, the parties may withdraw from conciliation process and take recourse to the laid down legal process of Courts. However, the option of Arbitration would not be available once the conciliation mechanism has been exercised.

37.5. In cases of disputes pending before the Arbitration Tribunals or the Courts, both of the parties (i.e. Employer and Contractor) need to agree to explore the possibilities of conciliation through the Conciliation Committee of Independent Experts. In case of such agreement, an appropriate reference shall be made to the Conciliation Committee, upon which the Committee shall proceed to examine such reference(s). The option of resolution through conciliation through CCIE would be open only in the event of the parties withdrawing from arbitration proceedings and undertaking to forego their rights to proceed for further arbitration in the subject matter. However, other legal remedies would be open to the parties in the event of the conciliation proceedings not being successful.

37.6. During settlement of disputes and conciliation proceedings, both parties shall be obliged to carry out their respective obligations under the Contract.

38. Indemnification

38.1. Agency shall keep Owner indemnified against all claims/liability whatsoever on account of statutory payments, costs, damages and charges arising out of personal injury/ disability or death of Agency's employees/ personnel caused by any reason whatsoever. Owner will not be responsible for any injury, damage etc. caused to any of the Employee/personnel put on the job by the Agency directly or indirectly. In the event of any claim, Agency will be solely responsible to meet such claims and Owner will not entertain any claim whatsoever in this regard.

38.2. The Agency shall keep the Owner indemnified in case any action is taken against the Owner by the competent authority on account of contravention of any of the provisions of any Act or Rules made there under regulations or notifications including amendments.

38.3. The Agency shall indemnify the Owner, its officers and employees from and against all actions, claims, demand, suits and proceedings by the third party for the acts/omissions of the Agency and all costs, charges, expenses, losses, damages, duties, taxes, penalties, levies, and all other liabilities which the Owner may be liable to pay, incur or sustain as a result of performance or nonperformance, observance or non-observance by the

Agency of any of the terms and conditions of the Contract

J. General

39. Important Terms and Conditions

39.1. The Agency shall familiarize himself with the site conditions before starting the work jointly with the representative of engineer-in-charge of Employer. Engineer-in-charge of Employer will arrange one-week orientation/ training program for the Agency’s manpower/personnel.

39.2. The agency shall be responsible for recruitment, appointment, on- boarding, maintenance (Payroll, all compliances, statutory obligations and query management) and termination of staff deployed in POWERGRID. The agency and the staff engaged by it will have the relationship of employer and employee and such staff/ personnel engaged by the agency for providing services to POWERGRID shall never be deemed to be the employees of POWERGRID in any manner whatsoever.

39.3. The Agency shall maintain all the documents necessary such as Age, Sex, Educations qualifications, proof of photo identity and proof of addresses of the employees deployed by them in the premises including payment details, attendance register, leave and weekly off particulars etc. to comply with the provisions of labour laws. The agency shall produce such documents to POWERGRID whenever required.

39.4. The agency shall ensure compliance of all the statutory laws/rules/ guidelines of Govt. of India/appropriate govt. including for payment of statutory minimum wages central or state whichever is higher), leave, PF, Bonus, ESI/ Employee Compensation & Medical insurance, income tax, professional tax/ GST etc. for the deployed manpower.

39.5. The Agency shall obtain and maintain the valid electrical license from Government of India/ State Government and any other statutory license required for the faithful performance of the contract.

39.6. For all technical clarifications, the Agency shall report to the Engineer in- charge of Employer.

39.7. The Agency shall ensure that all manpower/personnel engaged by them behave courteously with the employees/personnel of Employer and visitors to the premises.

39.8. The employees/personnel deployed by the Agency shall not at any time do, cause or permit any nuisance in area of work in Employer office and/or actual work site or do nothing which shall cause unnecessary disturbance or inconvenience to Employers, tenants or occupants of other properties

near the work area and to the public in general. If any employee is found creating any nuisance, then necessary action as deemed fit shall be taken by the Agency, immediately on receipt of such information from the Engineer- in-charge of Employer.

39.9. The Agency shall also provide laminated photo identity cards with card holder to its all employees/personnel. The staff deployed in POWERGRID will have to invariably wear identity card during office hours.

39.10. The agency shall also ensure that the personnel deployed are medically FIT to carry out work in Sub-stations and their Police verification is done.

39.11. If any defects are found in the Services provided under this Agreement by the Agency, the Agency shall promptly, in consultation and agreement with the Employer, regarding appropriate remedying of the defects, and at its own cost, repair, replace or otherwise make good (as may be mutually agreed by the Employer & Agency) such defects.

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