7/27/2019 UG 150413 spec

1/46

PART-ISECTION-B

INSTRUCTIONS TO THE BIDDERS

All Bidders/ Tenderers must carefully observe the following instructions.

Quotations/Tenders not strictly in accordance with these instructions will be liable tobe rejected:

Chief Engineer/TS, PSTCL, Third Floor, Shakti Sadan, PSTCL, Patiala( Punjab)hereinafter called PSTCL/ owner/Employer/Purchaser wishes to receive bid of theDesign Manufacture, testing, laying & commissioning of 66Kv Cables on the workscovered in the covered in the NIT on Turnkey Basis.

A-1 The tender must be complete in all respects. Every clause should carefully bestudied in order to ensure submission of a complete and comprehensive tender.Failure to comply with any of these instructions or to offer brief explanation for

non compliance is likely to render effective comparison of the tenders as a wholeimpossible and may lead to rejection of an otherwise competitively lowest offer.

A-2 Tenders shall be uploaded online at PSTCL website https://pstcl.nprocure.com .

A-3 TENDERS MUST BE COMPLETE FOR BOTH SECTIONS VIZ SUPPLYSECTION OF CABLE, ACCESSORIES REQUIRED TO LAY AND SECONDSECTION OF LAYING, SITE TESTING AND COMMISSIONING. THETENDERS WITH ONLY SUPPLY SECTION SHALL BE REJECTED AND PRICEBID OF SUCH INCOMPLETE TENDERS SHALL NOT BE OPENED.

A-4 Documentation/information supplied by the prospective/successful bidder, to bequalified for award, bidders shall provide evidence satisfactory to the employer oftheir capability and adequacy of resources to carry out the contract effectively.Bids shall include the following information even if the same information issupplied by the bidder for obtaining Tender documents but copy of the sameshould also be uploaded in the Bid Documentation.a) Copies of original documents defining the constitution or legal status,

place of registration and principal place of business; written power ofattorney of the signatory of the bid to commit the bidder.

b) Proof of total annual turnover of Turnkey Contracts & supply of material &equipment of similar nature over the last 5 years.

c) List of Turnkey Contracts executed as Prime contractor of similar natureand details of other works in hand and contractual commitments. Theperformance certificates issued by the Utilities may also be attached.

d) Description of the plant and Machinery, Vehicles, Laying & testinginstruments available for executing the contract.

e) The qualification and experience of key personnel proposed to beemployed for executing the contract.

f) Reports on the financial standing of the bidder including profit and lossstatements, balance sheets and auditors reports of the past 5 years andan estimated financial projection for the next two years.

g) Evidence of access to lines of credit and availability of other financialresources.

h) Authority to seek reference from the Bidders banks.i) Information regarding any current litigation in which the bidder is involved,

the parties concerned and disputed amount.j) Proposal of manufacturing methods and schedules in sufficient details to

demonstrate the adequacy of the bidders proposals to meet the technicalspecification and the completion schedule.

k) The performance certificate of the works executed on turn key basis fromrespective employer.

A-5 The tenders shall be submitted in three parts i.e. Part-I, Part-II & Part- III. Eachpart shall be enclosed in a separate envelope duly super scribed on the envelope

as under.

https://pstcl.nprocure.com/https://pstcl.nprocure.com/https://pstcl.nprocure.com/

7/27/2019 UG 150413 spec

2/46

Part-I Earnest Money (Bid Security)Part-II- Technical/Commercial BidsPart-III-Price Bids.The following procedure will be adopted for the opening of tenders.a) Part-I - Earnest Money (Bid Security): The first part will consist of

earnest money deposit in the form of demand draft in favour of AO/CPC(T),PSTCL, Patiala. OR Valid PEMD certificate from the Office of Chief Engineer/TS,PSTCL, Patiala.b) Part-II- Technical /Commercial bids: The second part will consist oftechnical specification, schedule of deliveries and all other terms and conditions.

All commercial terms including discount if any, Excise duty, CST, VAT, PunjabSales Tax etc. shall be specified in the Part-II of the bid, so that any ambiguitiesrelating to General Terms & Conditions and Technical details can be sorted outbefore the opening of Part-III i.e. Price Bid.c) Part-III- Price Bids: The third part will consist of the quoted prices foreach of the items as well as other related terms like freight, insurance, ED, CST

and other incidental charges relevant to the price. No correspondence/clarifications shall be entertained after the opening of Part-III. Part III shouldseparately contain Prices of laying site testing and commissioning charges foreach of the ckt covered in the specification.The prices should be quoted for individual circuits covered in the specification onthe Prices Schedule Proformas separately for each work complete in all respects.

A-6 PROCEDURE TO OPEN & PROCESS THE BIDS:The tenders shall be uploaded/submitted in three parts i.e. Part-I, Part-II & Part-III. The following procedure will be adopted for the opening of tenders.a) Part-I-Earnest Money: The first part will, consist of earnest money deposit inthe form of demand draft in favour of AO/CPC(T),PSTCL,Patiala or valid PEMDcertificate from office of Chief Engineer/TS, PSTCL, Patiala. The bids withoutearnest money shall be out rightly rejected.b) Part-II-Technical/Commercial bids: The second part will consist of technicalspecification schedule of deliveries & all other terms and conditions except therates.

All commercial terms i.e. Excise Duty, C.S.T. Punjab Sales Tax, VAT,Entry Tax etc. are to be specified in the Part-II i.e. technical and commercial partof the bid. Price bid components of their bid should only contain prices so thatthere is no controversy regarding interpretation of any condition/stipulation at thetime of preparation of merit statement after opening the price bid.c) Part-III- Price Bids: The third part will consist of the rates quoted as well asother related terms like freight, insurance, ED,CST etc. and other incidentalcharges relevant to the price.

1. Firstly the envelopes containing the Demand Drafts towards Tender DocumentCost and the EMD/PEMD certificate will be opened in the presence of thebidder's representatives who choose to be present at the prescribed time, dateand address. If the Tender Document Cost and the EMD/PEMD is found to be asper the requirement of the specifications, only then the tender i.e. Part-II shall beopened. The bids without Tender Document Cost and/or earnest money shall beout rightly rejected.

2. After opening Part-II of the bids (technical/commercial), the bids will betechnically & commercially evaluated by PSTCL. The third part of the bids (Pricebid) shall be opened in case of only those firms whose part-II of the bids afterevaluation is found to be conforming to the specifications. The date and time foropening Part-III of the bids will be intimated to the qualifying firms. The price bids(Part-III) will be opened in the presence of the representative of the qualifyingbidders who choose to attend.

3. The bid will be submitted/uploaded as per NIT/ Tender Specification complete inall respects.

4. The PSTCL shall accept the permanent earnest money of Rs.10.0 lacorganisation wise (Chief Engineer wise). As such the bidders desirous of havingPermanent Earnest Money Deposit for Transmission System Organisation may

7/27/2019 UG 150413 spec

3/46

submit demand draft for Rs.10.0 lac drawn in favour of AccountsOfficer/CPC,PSTCL,Patiala in the envelope for Earnest Money.

5. The officer inviting tenders, contracting/purchasing agency/PSTCL (here-in-afterreferred to as Purchaser) reserve the right to modify the schedule of requirement,technical particulars and the specifications at any time and to place the order as

a whole or in parts and to reject any or all the tenders received without assigningreasons. He will not be responsible for and will not pay for expenses or lossesthat may be incurred by the tenderer in the preparation of the tenders.

6. Quotation/Bids shall be accepted only through e-tendering process of PSTCL. Incase the due date of opening bids happens to be a holiday, they shall be openedat the same time & place on the next working day.

7. The bidders shall upload their bids, complete in all respects, on the given websiteupto the given time of the due date as per the NIT. The bids shall be openedthereafter on the given date & time.

A-7 COST OF BIDDING:

The bidder shall bear all the cost and expenses associated with the preparationand submission of Bid including Post Bid discussions ( if any) technical andother presentations and purchaser/ owner (PSTCL) will in no case be responsibleor liable for those costs or outcome of Bidding process.

A-8 ONE BID PER BIDDER:

A-8.1 Package/ work wise Bidding. The spec. covers one complete work (packages)Rates will be quoted for complete work (package) as a whole Bidder may quotefor all or any of the complete work. Splitting/ Part quoting for a part of a work isnot allowed.

A-8.2 Each Bidder should submit only one bid by himself. A bidder who participates inmore than one bid will be disqualified. The bid may cover one or more works(packages).

A-9 CLARIFICATIONS ON BID DOCUMENTS:

A-9.1 If the prospective bidder finds discrepancies or omissions in the specs anddocuments or is in doubt as to the true meaning of any part he shall be at oncemake a request in writing for any interpretation/ clarifications to the owner(PSTCL). The owner will then issue the interpretations and clarifications, as hethink fit in writing. After receipt of such interpretations and clarifications, thebidder may submit his bid within the time and date specified in the invitation tothe Bid. All such interpretations and clarifications shall form part of the BiddingDocuments and shall accompany the Bidders proposal. A prospective Bidderrequiring any clarification on Bidding Document may notify the owner (PSTCL) inwriting. PSTCL/Owner will respond in writing to any request for such clarificationof bidding document which it receives not later than 15 days prior to the deadlinefor submission of bids prescribed by the owner.

A-9.2 Verbal clarifications and information given by the owner (PSTCL) or hisemployee(s) shall not in any way be binding on the owner.

A-10 AMENDMENT FOR BIDDING DOCUMENTS:

A-10.1 At any time prior to the deadline for submission of Bids, the owner (PSTCL) mayfor any reason whether at its own initiative or in response to clarifications soughtby prospective Bidder, modify the Bidding Documents by amendment (s).

A-10.2 The amendment will be notified in writing or by Telex or Fax or e mail to allProspective bidders which have received the Bidding Documents at the addresscontained in the letter of request for issue of Bidding Documents. The owner(PSTCL) shall bear no responsibility or liability arising out of non receipt of thesame in time or otherwise.

A-10.3 In order to afford prospective bidders reasonable time in which to takeamendment into account in preparing their bids, the owner (PSTCL) at itsdiscretion, extend the dead line for submission of the Bids.

7/27/2019 UG 150413 spec

4/46

A-10.4 Such amendments, clarifications etc shall be binding or Bidders and will be givendue consideration by the bidders while they submit their Bids and invariablyenclose such documents as part of the Bid.

A-11 LANGUAGE OF BID:

The bid prepared by the Bidder and all correspondence and documents relatingto the Bid exchanged by the Bidder and the owner(PSTCL) shall be written in ENGLISH LANGUAGE only Bid or documents in anyother language shall be rejected out rightly and shall lead to rejection of Bid.

A-12 LOCAL CONDITIONS:A-12.1 It will be imperative on each bidder to fully inform himself of all local conditions

and factors, which may have any effect on execution of the contract coveredunder these documents and specifications. The owner(PSTCL) shall not entertain any request for clarifications from the biddersregarding such local conditions.

A-12.2 It must be understood and agreed that such factors have properly beeninvestigated and considered while submitting the proposals. No claim for financialadjustments to the contract awarded under these specifications and documentswill be entertained by the owner (PSTCL). Neither any change in the timeschedule of the contract nor any financial adjustment shall be permitted by theowner, which is based on lack of such clear information or its effect on the cost ofthe work (s) to the Bidder.

A-13 DOCUMENTS COMPRISING THE BIDS:A-13.1 The bidder shall complete the Bid documents including Price Schedule

Proformas individually for each work quoted, Technical Data, other requirementsas laid in the Specs. The prices quantities, goods services quoted must be clearand complete in all respects.

A-13.2 The bidder must enclose the Income Tax clearance Certificate along with theTender/Bid.

A-13.3 Bid/ Security (EMD) shall also be furnished in a separate cover in accordancewith clause A 5.

A-14 PURCHASE OF SPECIFICATION:The bidder has to purchase the Tender documents as per the conditions given inthe NIT. The offer of the bidders who have not purchased Tender Documentsshall not be considered.

A-15 PRE-QUALIFICATIONS:

The Pre-qualifications of the NIT have been clearly displayed on the web site ofPSTCL mentioned in the NIT. The decision of Chief Engineer/TS shall be finalregarding meeting of the Pre- Qualifications by the Prospective Bidder.

A-16 CONTRACT QUALITY ASSURANCE:

The bidder shall include in his proposal the Quality Assurance Programmecontaining the overall quality management and procedures, which he proposes tofollow in the performance of the contract during various phases as detailed in

relevant clauses of the technical specification.

A-17 SUPPLY OF MATERIAL FOR CIVIL WORKS:

A-17.1 The civil works material like cement, steel, crusher, sand etc. shall have to bearranged and supplied by the bidder. The cement and steel however to be usedon the erection activity should be of good quality, ISI marked and approved bythe owner.

A-17.2 The PSTCL reserves the right to get steel tested for chemical andmechanical analysis from government test houses /reputed engineering

college specified by the PSTCL at the cost of the successful bidder.

7/27/2019 UG 150413 spec

5/46

A-18 BID SECURITY/EARNEST MONEY DEPOSIT:The bidder shall furnish as part of the bid, a bid security/EMD of 2% value of totalestimated value of the works for which bid is submitted mentioned in thespecification subject to maximum of Rs. 20 lacs in shape of Demand Draft infavour of AO/CPC(T)/Bank Guarantee from a reputed bank valid upto 3 months

beyond the validity date of tenders as per specification. The mode of submittingthe EMD shall be subject to the following limits:-

Sr.No. Estimated value of work. Mode of submitting EMD

1. Upto Rs. 250 lacs. Demand Draft only.

2. Beyond Rs.251 lacs. Demand Draft/B.G.

A-19 BID PRICE:

A.19.1 Price quoted for each item in the Bid form and Schedule of prices shall bereasonable for each item in the judgement of the owner (PSTCL) under no

circumstances will a manifestly unbalanced Bid be considered.A.19.2 The lump sum Bid prices are required to be broken down as follows so thatsubtotals of SUPPLY PART and SERVICES PART respectively are provided inthe contract.

A-19.3 The unit rates should be quoted FOR destination at any Railway Station inPunjab/ PSTCL Railway siding wherever existing or delivery at PSTCLs Storesthrough road transportation which will be treated at par with FOR destination.The tenderer quoting FOR destination rates must give the split up as ex-worksprices, freight & insurance charges

i) The break up of the FOR destination price should be given as under, separate for

each work of the NIT

a) The Ex-works rates inclusive of packing & forwarding part of production costshould be on per meter basis. The cost should indicate the complete cost of rawmaterial, a labour packing & forwarding charges forming part of production cost.The ex-works cost should also include taxes and duties payable on raw materialbut should not included taxes and duties leviable on finished material (if leviable).

b) Packing cost not forming part of production cost, handling cartage etc. Freightcharges and transit risk insurance covered in FOR destination price must beshown separately.

c) Lump sum Installation Charges of the material including lifting of the materialfrom S& T store ,its unloading at final destination , insurance , laying , testing &commissioning including Civil Works.

ii) All taxes and duties leviable on the price of finished goods as per sub clause A19.3 (i) (a) shall be paid extra and the same should be shown separately asprevalent on the date of opening of tenders, to be paid at the rate as may beactually prevalent at the time of supply otherwise these elements shall bedeemed to be included in the quoted prices and will not be extra. No taxes andduties will be payable on the element of cost quoted under sub clause A 19.3(i)(b) & (c).

In addition to the break up of total price i.e. ex-works cost, ED, CST, F&I andpacking the bidder should also give split up of Ex-works price. The break up toprices shall be indicated in respective Performa attached with the specification.The filling up of Performa shall be mandatory for tenders. The split up of Ex-works prices shall indicate cost of raw material, labour component and overheadexpenses. Raw material can further be divided into 3-4 parts depending on partof material.

The bidder should not be allowed to indicate overall discount on quoted price forwhich split up has been given. However, quantity/payment discount can be givenby tenderer in the main tender (i.e. part relating to general terms & conditions).

7/27/2019 UG 150413 spec

6/46

Any firm offering discount on the quoted price or after the opening of tender willbe out rightly rejected.

iii)In case of rates ex-works/ex-godown and for imported material, freight chargetransit risk insurance, handling and clearance charges, FOB and C.I.F

Commission of clearing agents at ports should also be indicated separately.

iv) All prices to be quoted by the bidder shall be FIRM during performance of thecontract and shall not be subject to any variation. The installation charges of thematerial should be firm except the statutory levies that will be paid as per actualduring the contractual period.

v) If statutory variation in CST, excise duty or other levies declared by govt. of Indiaare to be claimed on raw materials these shall be indicated specifically.

vi)The rates quoted F.O.R. destination or ex-works should be in both figures and

words and should be duly typed.

IMPORTANT:1. Those firms who do not give breakup of their rates as per requirement of

specification shall not be considered. Rates of E.D. & C.S.T./VAT applicable mustbe indicated separately. All tenderers should note that the price bids not indicatingEx-works including packing and forwarding charges forming cost of production,freight and insurance charges applicable, E.D., C.S.T./VAT or sales tax may beliable for summary rejection. In case of imported items, the rate of custom dutyshall be clearly mentioned by tenderers.

2. The firms indicating NIL or concessional rate of CST/ VAT on supply items willhave to absorb the CST/VAT upto full rate applicable at the time of tendering. Thefirms which do not agree to this stipulation or indicate CST/ VAT on supply items asextra without indicating the applicable rate shall be loaded with maximum rate ofCST/VAT on supply items.

3. The firms indicating NIL or concessional rate of ED in their tenders on supply itemswill have to absorb E.D upto full rate applicable at the time of tendering. The firmswho do not agree to this stipulation or indicate ED as extra without indicating theapplicable rate shall be loaded with maximum rate of Excise duty for evaluationpurpose.

4. All payments shall be made in Indian Currency and as such the rates for Importedparts if any be quoted in Indian Currency only.

5. Commissioning & Site Testing and Laying charges:I.This tender enquiry is for design manufacture, testing, supply of 66KV XLPE cableand accessories required for successful commissioning of the cable and laying,Testing at Site and commissioning of the cable on the ckts given in the spec. onTurnkey Basis. The bidders shall not be allowed to restrict to supply part only orlaying testing and commissioning part only rather both parts shall be theresponsibility of the bidder for the works covered in the spec.

II.The firms should, therefore, quote for laying which is inclusive of site testing andcommissioning charges per meter of cable for each ckt. The tree formation orparallel formation be clearly mentioned after visiting the sites before quoting for thebids to see/check any site constraints.

III.The bidder shall fill in the prices on prescribed proformas of schedule of prices forall items of work(s) separately for each work.

IV.Items against which no price is entered by the bidder, will not be paid by the ownerwhen executed and shall be deemed to be covered in the other prices in theschedule of prices.

V.The prices be quoted after going through all notes given in the price schedulesection and as per clauses of the specification.

A.20 TAXES AND DUTIES:

A.20.1 All customs duties( for imported item if any), excise duty, sales tax, CST/ VATand other taxes and duties, levies payable by the bidders in respect of

7/27/2019 UG 150413 spec

7/46

transactions for procurement of raw materials, components sub assemblies etcshall be included in the Bid price and no claim on this behalf shall be entertainedby the owner( PSTCL). The taxes and duties and levies should be clearlymentioned as per the present applicable rates. For bought out items, the Exciseduty and Sales Tax will be included in the quoted ex-works Price and no tax in

any form shall be payable to the supplier in respect of bought out items if any.A-20.2 The successful bidder after completion of supply will give a certificate that Taxes

and duties, levies charged to the owner has been paid to the concernedauthorities.

A-20.3 As regards Income Tax, Surcharge on Income Tax and other Service Tax, workcontract taxes and taxes deducted at source the bidder shall be responsible forsuch payments to the concerned authorities within prescribed period.

A-20.4 All Taxes and Duties levies be quoted as per notes given in the Price Schedulesection of the specification and other clauses of the specification.

A-20.5 Sales Tax, Excise Duty, Local Taxes and other levies for self manufactured items

in respect of the transactions between the PSEB and the contractor under thecontract should be indicated separately, wherever, applicable in the Priceschedule section of Binding documents.

A-21 MODVAT/CENVAT :The rates should be quoted after taking into account the MODVAT/CENVATbenefit accruing to the bidder, which will be retrained by him. However, the extentof MODVAT benefit available which has been taken into account while quotingthe prices must be indicated. Any increase or decrease in this benefits due tochange in policy of Govt. shall be passed on the purchaser or borne by it.

A-22 COMPLETENESS OF TENDER :

The Bid must be complete in all respects. The tenderer in his own interest shouldsubmit complete bid, offering his comments against each clause of thespecification. Incomplete bid may prove disadvantageous to the tenderer andliable to be rejected. The silence of tenderer on any terms of this specificationshall be taken as acceptance of the specified terms of provision made thereunder. In the event of placement of order the provision will be made as perspecification against which tenderer observed silence.

A-23 BID VALIDITY:

A-23.1 The offer should be unconditionally valid for at least a period of 120 days fromthe date of opening of the tender.

A-23.2 In exceptional circumstances, prior to the expiry oforiginal Bid validity period, theowner (PSTCL) may request the Bidder to extend the period of validity forspecified additional period. The request and responses there to shall be made inwriting. The bidder may refuse the request without forfeiting its Bid Security (EMD). The bidder agreeing to the request shall not be allowed to modify its bidexcept to extend the validity only.

A-24 TERMS OF PAYMENT:

The following terms of payment shall be followed:a) For Material: 90% payment of the material including excise duty, sales tax,

other statutory levies, freight and insurance will be paid within 30 days onreceipt of material in S&T (T) Store duly verified by the consignee. Thepayment shall be made on submission of documents by the supplier to

AO/CPC(T), PSTCL, Patiala duly verified by this office balance 10% paymentshall be made within 30 days of successful completion of erection, testing,commissioning and taking over the line by PSTCL.

7/27/2019 UG 150413 spec

8/46

b) For installation: 90% of the installation price component on the contract shallbe paid by AO/CPC(T), PSTCL, Patiala within 30 days of submission of billby the contractor to this office duly verified by the concerned TLSC officer.Balance 10% shall be paid within 30 days after commissioning and takingover of the line by PSEB.

A-25 FORMAT OF BID:A-25.1 The bidder should upload the bid on PSTCL websitehttps://pstcl.nprocure.com A-25.2 All copies should be duly typed and signed by the bidder or signed by person/

persons duly authorised by the bidder. The letter of authorization shall beindicated by written Power of Attorney accompanying the Bid.

A-25.3 All pages of the bid except for printed literature be initiated by the person(s)signing the bid.

A-25.4 The bid shall contain no interpolation, erasure or over writing except asnecessary to correct errors made by bidders and each such correction shall beinitialed by the person(s) signing the Bid. There should not be any interpolation,

erasure or overwriting in Price Bid section.

A-26 SIGNATURE OF BIDS:

A-26.1 The bid must contain the name, residence and place of business of the person orpersons making the bid and must be signed and sealed by the Bidder with his usualsignature. The names of all persons signing should also be typed or printed belowthe signature.

A-26.2 Bids by Corporation/Company must be signed with the legal name of theCorporation/Company by the President, Managing Director or by the Secretary,other person or persons authorised to bid on behalf of such Corporation/Companyin the matter.

A-26.3 A Bid by a person who affixes to his signature the word `President , `ManagingDirector` `Secretary`, `Agent` or other designation without disclosing his principalwill be rejected.

A-26.4 Satisfactory evidence of authority of the person signing on behalf of theBidder shall be furnished with the bid.

A-26.5 The Bidders name stated on the proposal shall be the exact legal name of the firm.

Bids not conforming to the above requirements of signing may be disqualified.

A-27 SEALING AND MARKING OF BIDS:

A.27.1 The Bidders shall seal the original and each copy of the bid in four separateenvelopes, duly marking the envelopes as original and copy as under:-

i Technical & Commercial Bid.

ii Bid Proposal alongwith Price Schedules.

iii EMD.

These four envelopes will be sealed and placed in an outer envelope. The outerenvelope shall be addressed to the Owner at the following address:

Chief Engineer/ Transmission System,

3rd

Floor, Shakti SadanPunjab State Transmission Corporation Limited,

Patiala-147001 (Punjab)

Telephone No :0175-2303676,Fax No.: 0175- 2301536

A-27.2 The outer envelope will bear (the name of package, the specification number,and the words "DO NOT OPEN BEFORE DUE DATE OF OPENING/EXTENDEDDUE DATE OF OPENING ".

A-27.3 Each inner envelope shall indicate the name and address of the Bidder to enable

the bid to be returned unopened in case it is declared late or rejected.

https://pstcl.nprocure.com/https://pstcl.nprocure.com/https://pstcl.nprocure.com/https://pstcl.nprocure.com/

7/27/2019 UG 150413 spec

9/46

A-27.4 If the outer envelope is not sealed and marked as required by para 27.1, theOwner will assume no responsibility for the Bids misplacement or prematureopening.

A-27.5 The EMD and Bid Proposal along with Price Schedules must be submitted in twoseparate sealed envelopes as detailed above and should be placed in the outer

envelope along with envelope containing main technical and commercial bid.

A-28 DEADLINE FOR SUBMISSION OF BIDS:

A-28.1 The Bidders shall upload the bid at PSPCL website https://pstcl.nprocure.combefore due date as time mentioned in the invitation to Bid. Please note that thetenders against this tender enquiry are being invited through e-tendering mode. Incase of any clarification the prospective bidders may contact this office or M/s(n)code solutions at toll free number; 1800-233-1010 as mentioned on the PSTCLwebsite well in time before the due date for submission of tender. The prospectivebidders are requested to get their digital signatures well in time for participation inthe tender and no request for extension on this account will be entertained.

A-28.2 Bids must be received by the Owner at the address specified under para 27.1,not later than the time & date mentioned in the Invitation to Bid.

A-28.3 The PSEB may, at its discretion, extend this deadline for the submission of bidsby amending the Bidding Document, in which case all rights and obligations ofthe PSEB and Bidders previously subject to the deadline will thereafter besubject to the deadline as extended.

A-29 LATE BIDS:

Any bid received by the PSTCL after the time & date fixed or extended forsubmission of bids prescribed by the PSTCL, will be rejected and/or returnedunopened to the Bidder.

A-30 MODIFICATION AND WITHDRAWAL OF BIDS:

A-30.1 The Bidder may modify or withdraw its bid after the Bids submission providedthat written notice of the modification or withdrawal is received by the PSEB priorto the deadline prescribed for submission of bids.

A-30.2 The Bidders modification or withdrawal notice shall be prepared, sealed, markedand despatched in accordance with the provisions of clause A-27

A-30.3 No bid may be modified subsequent to the deadline for submission of bids.A-30.4 No bid may be withdrawn in the interval between the deadline for submission of

bids and the expiration of the period of bid validity specified by the Bidder on theBid Form. Withdrawal/modification of a bid during this interval may result in theBidders forfeiture of its bid security.

A.31 INFORMATION REQUIRED WITH THE PROPOSAL:

A.31.1 The bids must clearly indicate the name of the manufacturer/contractor, the typeof model of each principal item of equipment proposed to be supplied. The bidshould also contain drawings and descriptive materials indicating generaldimensions, materials from which the parts are manufactured, principles ofoperation, the extent of pre-assembly involved, major cable laying, jointing &Termination equipment proposed to be deployed, method of laying and theproposed laying organizational structure.

A.31.2 The above information shall be provided by the Bidder in the form of separatesheet drawings, catalogues, etc. in four copies.

A.31.3 Any bid not containing sufficient descriptive materials to describe accurately theequipment proposed may be treated as incomplete and hence rejected. Suchdescriptive materials and drawings submitted by the Bidder will be retained bythe PSTCL. Any major departure from these drawings and descriptive materialsubmitted will not be permitted during the execution of the Contract without

specific written permission of the PSTCL.

https://pstcl.nprocure.com/https://pstcl.nprocure.com/https://pstcl.nprocure.com/

7/27/2019 UG 150413 spec

10/46

A.31.4 Oral statements made by the Bidder at any time regarding quality, quantity orarrangement of the equipment or any other matter will not be considered.

A-31.5 Standard catalogue pages and other documents of the Bidder may be used inthe bid to provide additional information and data as deemed necessary by theBidder.

A-31.6 The Bidder, alongwith his proposal, shall submit a list of recommended erectionequipment and materials which will be required for the purpose of erection ofequipment and materials supplied under the contract.

A-31.7 In case the Proposal information contradicts specification requirements, thespecification requirements will govern, unless otherwise brought out clearly in thetechnical commercial deviation schedules.

A-32 OPENING OF BIDS BY PSTCL:

A-32.1 The PSTCL will open bids in the presence of Bidders representatives (upto 2persons) who choose to attend at the date and time for opening of bids in theInvitation to Bid or in case any extension has been given thereto, on the

extended bid opening date and time notified to all the Bidders who havepurchased the bidding documents. The Bidders` representatives who arepresent shall sign a register evidencing their attendance.

A-32.2 The Bidders names, terms and conditions, modifications, bid withdrawals andthe presence or absence of the requisite bid security and such other details asthe PSTCL, at its discretion, may consider appropriate will be announced at theopening.

A-32.3 Bid Prices will be opened after scrutiny of technical and commercial bids forthose tenderers whose technical & commercial bids are found in order. The date& time of opening of the price bids will be intimated to the bidders whose

technical & commercial bids are found in order in advance by PSTCL. The pricebids shall also be opened in the presence of bidders representatives whochoose to attend at the date & time of opening of price bid.

A-32.4 No electronic recording devices will be permitted during the opening of bid aswell as price bids.

A-33 CLARIFICATION OF BIDS:

To assist in the examination, evaluation and comparison of bids the PSTCL may,at its discretion, ask the Bidder for a clarification of its bid. The request forclarification and the response shall be in writing and no change in the price orsubstance of the bid shall be sought, offered or permitted.

A-34 EXAMINATION OF BIDS:

A-34.1 The PSTCL will examine the bids to determine whether they are complete,whether any computational errors have been made, whether required suretieshave been furnished, whether the documents have been properly signed, andwhether the bids are generally in order. The price bid of only those bidders will beopened whose bids are found technically & commercially in order.

A-34.2 The price furnished in various price schedules should be consistent with eachother. In the case of any inconsistency in the price furnished in the specified priceschedules, the PSTCL shall be entitled to consider the lowest prices for the

purpose of evaluation and award of contract. All arithmetical errors will berectified on the basis of the unit price or total price (in figures or in words)whichever is more beneficial to the PSTCL.

A-34.3 DEFINITIONS AND MEANINGS:

For the purpose of the evaluation and comparison of bids, the followingmeanings and definition will apply.

`Bid Price` shall mean the base price quoted by each bidder in his proposal forthe complete equipment and services as defined in price schedules to beprovided including Excise Duty, Sales Tax payable to the bidder including

7/27/2019 UG 150413 spec

11/46

Freight, Insurance, laying, testing & commissioning charges, Taxes / duties andlevies on service part.

A-35 COMPARISON OF BIDS:

A-35.1 The Bids shall be compared package-wise on the basis of lump sum prices

(i.e. for supply portion and price for service to be rendered as quoted bythe Bidder) for the entire scope of the proposal as defined in the Biddingdocuments.

A-35.2 All evaluated Bid prices of all the Bidders shall be compared package wiseamong themselves to determine the lowest evaluated bid. In case of any bidderquoting for more than one package, these may also be evaluated together by theEmployer in order to avail any discount or price benefit quoted by the bidder.

A-36 CONTACTING THE PSTCL:

Bids shall be deemed to be under consideration immediately after they are

opened and until such time official intimation of award/rejection is made by thePSTCL to the Bidders. While the bids are under consideration, Bidders and/ortheir representatives or the interested parties are advised to refrain fromcontacting by any means, the PSTCL and /or his employees / representative onmatters related to the bids under consideration. The PSTCL, if necessary, willobtain clarifications on the bids by requesting for such information from any or allthe Bidders, in writing. Bidders will not be permitted to change the substance ofthe bids after the bids have been opened. Any effort by a bidder to influence thepurchaser in any way may result in rejection of the bidder's bid.

A-37 AWARD CRITERIA:

A-37.1 PSTCL will award the contracts to the successful bidder (s) whose bid has beendetermined to be substantially responsive, technically correct and determined aslowest evaluated bid after comparison of the bids on work basis provided surfacethat bidder is determined to be qualified to perform the Contract satisfactorily.The PSTCL shall be the sole judge in this regard.

A-37.2 Further, the PSTCL reserves the right to award separate contracts to two ormore parties in line with the terms and conditions specified in the accompanyingtechnical specifications.

A-37.3 The award for supply of equipment shall be on the basis of Ex-works priceinclusive of excise duty, sales tax & other taxes and duties.

A-37.4 Both supply and erection part of contracts will constitute a divisible supply anderection contract. The breach in one part of contract by the successful bidderwill automatically be classified as breach of the other part of the contract for allintents and purposes.

A-38 PSTCL`S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

The PSEB reserves the right to accept or reject any bid, and to annul the biddingprocess and reject all bids at any time prior to award of contract, without therebyincurring any liability to the affected Bidder or Bidders or any obligation to informthe affected Bidder or Bidders of the grounds for the PSTCL s action.

A-39 NOTIFICATION OF AWARD:

A-39.1 Prior to the expiration of the period of bid validity and extended validity period, ifany, the PSTCL will notify the successful Bidder in writing by registered letter orFAX, to be confirmed in writing by registered letter, that its bid has beenaccepted.

A-39.2 The notification of award will constitute the formation of the Contract.

A-39.3 Upon the successful Bidders furnishing of performance guarantee pursuant toClause A 41 the PSTCL will promptly notify each unsuccessful Bidder and willdischarge its EMD, pursuant to clause A 18.

7/27/2019 UG 150413 spec

12/46

A-40 SIGNING OF CONTRACT:

Within thirty (30) days of the Notification of award the successful bidder shall, signthe contract agreement and submit required performance guarantee.

A-41 CONTRACT AGREEMENT AND PERFORMANCE SECURITY:

A-41.1 The contractor shall execute contract agreement regarding all the terms of thecontract to be prepared by and completed at the cost of the contractor. Thecontractor shall furnish a performance security of amount equal to 10% value ofthe contract price in the form of bank guarantee in the form enclosed within 30days after receipt of notification of award. The security shall be furnished validinitially till the expiry of defect liability period of 12 month from the date ofcommissioning and shall be extended appropriately as defect liability period isextended. The value of performance security shall be reduced to 5% of totalcontract price as soon as the PSTCL has issued taking over certificate andcontractor has supplied the following performance guarantees.

A-41.2 The Performance Guarantee shall cover additionally the following guarantee tothe PSTCL.

A. The successful Bidder guarantees the successful and satisfactory operation ofthe equipment furnished and erected under the Contract, as per thespecifications and documents.

B. The successful Bidder further guarantees that the equipment provided andinstalled by him shall be free from all defects in design, material andworkmanship and shall upon written notice from the PSTCL fully remedy free ofexpenses to the PSTCL such defects as developed under the normal use of thesaid equipment within the period of guarantee specified in the relevant clause ofthe Conditions of contract.

A-41.3 The Contract Performance Guarantee is intended to secure the performance ofthe entire contract.

A-41.4 The Performance Guarantee will be returned to the Contractor without anyinterest at the end of guarantee period.

A-42 QUANTITY VARIATION:

A-42.1 The provisional quantities required are mentioned in the respective schedule ofprices. Final quantities shall be determined after completion and approval of thedetailed route survey and check survey Plans of cable laying. The final quantitiesmaterials shall be confirmed by the employer based on the requirement of

quantities of various items furnished by the contractor after completion of detailedsurvey. Hence, it will be the responsibility of the contractor to intimate the exactrequirements of all materials required for the work immediately after the survey.The rates for the additional items shall be negotiated with respect to the lowestrate for that item received from other bidders who originally participated in thetender. The Empowered Officer of the PSTCL will order the final quantities at theunit rates quoted in the bid.

A-42.2 The Empowered Officer of the PSTCL reserves the right to increase or decreaseupto 15% (fifteen percent only) of contract value the quantity of bid and servicesspecified without any change in the unit price or other terms and conditionsduring the execution of the contract. The quantities of individual items may vary

upto any extent after the final route plan(s) for cable laying of the work(s) arefinalized.

A-43 SITE VISIT:

A-43.1 The bidder is advised to visit and examine the site of works and its surroundingsand obtain for itself on its own responsibility all information that may benecessary for preparing the bid and entering into a contract complete quotedwork(s) for supply part as well as for laying testing and commissioning part onTurnkey Basis. The costs of visiting the site shall be at the bidder's ownexpense.

7/27/2019 UG 150413 spec

13/46

A-43.2 The bidder and any of its personnel or agents will be granted permission by theEmployer to enter upon its premises and lands for above site visits.

7/27/2019 UG 150413 spec

14/46

PART-ISECTION C

CONDITIONS OF CONTRACT

1. Definitions and Interpretations

1.1 DefinitionsIn the contract (as herein after defined) the following words and expressionsshall have the meanings hereby assigned to them:

1.1.1 Commencement Date means the date of signing of contract.

1.1.2 Conditions means conditions of contract.

1.1.3 Contract means agreement between the PSEB and the Contractor for theexecution of the works incorporating the conditions, specification, PSEBs

Drawings and Contractors Drawings, price & other completed schedule, Bid,Letter of Award and such further documents as may be expresslyincorporated in the letter of award.

1.1.4 Contract Agreement means the document recording the terms of thecontract between the PSEB and the Contractor.

1.1.5 Contract Price means the sum stated in the letter of Award as to thecontractor for execution and commissioning of the works and adjusted, afteroptimisation, on the basis provided in the contract. It shall be the sum total ofall the amount entered by the contractor in the schedule of prices.

1.1.6 Contractor means the person whose Bid has been accepted by theEmployer and the legal successors in title to the contractor but not (exceptwith the consent of the Employer) any assignee of the contractor.

1.1.7 Contractor s Drawings means all drawings, samples, patterns, models andoperation and maintenance manuals to be submitted by the contractor inaccordance with clause 6 under the contract.

1.1.8 Contractors Equipment means all appliances or things of whatsoevernature required for the purposes of the works but does not include plant.

1.1.9 Contractor risk means the risk defined in sub clause 37.3.

1.1.10 Defects Liability certificates mean the certificate to be issued by theEmployer to the contractor in accordance with sub clause 30.11.

1.1.11 Defects Liability period means one year following commissioning of Cablecircuit on load and taking over during which the contractor is responsible formaking good defects and damage in accordance with clause 30.

1.1.12 Employer means the PUNJAB STATE ELECTRICITY BOARD and the legalsuccessors in title to the Employer but not (except with the consent of thecontractor) any assignee of the Employer.

1.1.13 Employer Drawings means all the drawings and information provided by theEmployer to the contractor under the contract.

1.1.14 Force Majeure has the meaning assigned to it under sub clause 44.1.

1.1.15 Gross Misconduct means any act or omission of the contractor in violation ofthe most elementary rules of diligence, which a conscientious contractor inthe same position and under the same circumstances would have followed.

7/27/2019 UG 150413 spec

15/46

1.1.16 Notification of a ward/Letter of award means the formal award by theEmployer of the bid incorporating any adjustments or variations to the bidagreed between the Employer and the contractor.

1.1.17 Performance security means the security to be provided by the contractor in

accordance with sub clause 10.1 for the due performance of the contract.

1.1.18 Plant means cable, cable accessories, other materials & and all things to beprovided under the contract for incorporation in the works.

1.1.19 Programme means the programme to be submitted by the contractor inaccordance with sub-clause 12.1 and any approved revisions thereto.

1.1.20 Provisional Sum means a sum described as such for the execution of worksor for the supply of goods or services, to be used in accordance with sub-clause 36.1.

1.1.21 Risk Transfer Date means the date when the risk of loss or damage to theworks passes from the contractor to the Employer in accordance with sub-clause 38.2 & 39.1.

1.1.22 Schedule of Prices means the completed price Schedule or any part orindividual schedule thereof, submitted by the contractor with his bid andforming a part of the contract documents.

1.1.23 Site means the place or places, where work is to be done by the contractoror to which Plant is to be delivered, together with so much of the areasurrounding the same as the contractor shall with the consent of theEmployer use in connection with the works otherwise than merely for thepurposes of access.

1.1.24 Specification means the specification of the works included in biddingdocuments and includes the contract and any modification thereof madeunder clause 31.

1.1.25 Subcontractor means any person (other than the contractor) named in thecontract for any part of the works or any person to whom any part of thecontract has been subcontracted with the consent of the Employer and theSubcontractors legal successors in title but not any assignee of thesubcontractor.

1.1.26 Taking-Over Certificate means the certificate to be given by the Employer tothe Contractor in accordance with clause 29.

1.1.27 Bid means the contractors priced offer to the Employer for the execution ofthe works.

1.1.28 Tests on Completion means the tests specified in the Contract or otherwiseagreed by the Employer and the contractor to be performed before the worksare taken over by the Employer.

1.1.29 Time for completion means the time stated in the conditions of contract forcompleting the works or any part thereof and passing the tests on completioncalculated from the commencement date unless extended in accordance withclause-26.

1.1.30. Variation Order means any written order, identified as such, issued to thecontractor by the Employer under sub clause 31.1.

1.1.31. Works means all Plant to be provided and work to be done by the contractorunder the contract.

7/27/2019 UG 150413 spec

16/46

1.1.32. Government means the Government of India.

1.1.33. Other Contractor means any party or parties having a direct contract withthe Employer for the work outside the scope of this contract and shall includeany subcontractor of this other Contractor.

1.1.34. Engineers shall mean the Chief Engineer/TL, PSEB, Patiala to act asEmpowered Officer, from time to time for the purpose of the contract.

1.2 Written Communication:-Wherever in the contract provision is made for communication to be Writtenor in writing this means any hand-written, type written or printedcommunication including telex, cable and facsimile transmission.

1.3 Notice, consents and approvalsWherever in the contract provision is made for the giving of notice, consent or

approval by any person, such consent or approval shall not be un-reasonablywith held. Unless otherwise specified, such notice, consent or approval shallbe in writing and the word notify shall be construed accordingly.

1.4 Costs, Overhead Charges and Profit.

Whenever by these conditions the contractor is entitled to be paid cost, suchcost shall be properly incurred and shall include any overhead chargesproperly allocable thereto but not profit unless so stated. Any profitentitlement shall be added to cost at the percentage of 10%.

1.5 Periods.

In these conditions day means calendar day, however, working day asused therein means all calendar days excluding Sunday and all legal holidayswithin India Month and Year and all dates shall be reckoned according tothe Gregorian calendar.

2 Employers Decisions and Instructions.2.1 The Contractor shall proceed with the decisions and instructions given by the

Employer or its representative in accordance with these conditions.

2.2 Confirmation in WritingThe Contractor may require the Employer to confirm in writing any decision or

instruction of the Employer, which is not in writing. The contractor shall notifythe Employer of such requirement without undue delay. Such a decision orinstruction shall not be effective until written confirmation thereof has beenreceived by the contractor.

3. Assignment3.1 The contractor shall not assign the contract or any part of his obligations

under the contract without the prior written consent of the Employer (whichshall not be unreasonably withheld). A charge in favour of the contractorsbankers of any monies due under the contract shall not be considered anassignment.

4. Subcontracting4.1 (a) The contractor shall not sub-contract the whole of the works. Except

where otherwise provided by the contract, the contractor shall not sub-contract any part of the works without the prior written consent of theEmployer (which shall not be unreasonably withheld). Any such consent,if given, shall not relieve the contractor from any liability or obligationunder the contract and he shall be responsible for the acts, defaults andneglects of any subcontractor, his agents, servants or workmen as fully asif they were the acts, defaults or neglects of the contractor, his agents oremployees.

7/27/2019 UG 150413 spec

17/46

(b) If any Subcontractor, engaged upon the works either executes any workwhich, in the opinion of the Employer, is not in accordance with thecontract or, in the opinion of the Employer, for any other reason isundesirable, the Employer may require the contractor by written notice toterminate the subcontract and the contractor shall immediately dismiss the

subcontractor and the latter shall forthwith leave the site.

(c) All correspondence from any Subcontractor to the Employer shall besubmitted only through the contractor. Correspondence by theSubcontractor sent directly to the Employer will not be acknowledged.

5. Contract Documents5.1 Ruling Language

Where versions of the contract are prepared in different languages, theEnglish version shall prevail.

5.2 Day to Day communicationsThe day-to-day communications shall be in English language only.

5.3 Priority of contract DocumentsUnless otherwise provided in the contract the priority of the contractdocuments shall be as follows:

1. The letter of award (contract cum purchase order)2. The Technical Specifications3. Conditions of contract4. Bidders priced offer.

5. Any other documents forming part of the contract.

5.4 Documents Mutually ExplanatorySubject to sub-clause 5.3 the contract documents shall be taken as mutuallyexplanatory. Any ambiguities or discrepancies shall be clarified by theEmployer.

If the contractor considers that compliance with such instructions will result inany cost, which the contractor could not reasonably have anticipated, he shallforthwith inform the Employer with full supporting details. The Employer shallthen, if he approves, certify such costs as may be reasonable, together with

profit where appropriate, which shall be added to the contract price.

If on the other hand compliance with such instructions results in lower costsfor the contractor than he had reason to anticipate, the Employer shall certifya deduction from the contract price allowing for profit where appropriate.

Anything mentioned in the specifications and not shown on the drawings, orshown on the drawings and not mentioned in the specifications, shall be oflike effect as if shown or mentioned in both. In case of any differencebetween scaled dimensions and figures on the drawings, the figures shallprevail. In case of any difference between drawings and the specifications,

the specifications shall prevail.

6. Drawings6.1 Contractor s Drawings

The contractor shall submit to the Employer for approval:a) within the time given in the contract or in the programme such drawings,

samples, models or information as may be called for therein, and in thenumbers therein required, and

b) during the progress of the works, such drawing of the generalarrangement and details of the works as specified in the contract.

The Employer shall signify his approval or disapproval thereof. If he failsto do so within the time given in the contract or the programme or if no

7/27/2019 UG 150413 spec

18/46

time limit is specified, within 21 days of receipt, they shall be deemed tobe approved.

Approved drawings, samples and models shall be signed or otherwiseidentified by the Employer.

The contractor shall supply additional copies of approved drawings in theform and numbers stated in the contract.

6.2 Consequences of disapproval of Contractors Drawings

Any Contractors drawings, which the Employer disapproves, shall beforthwith modified to meet the requirements and shall be re-submitted.

6.3 Approved Contractors Drawings.Approved Contractors drawings shall not be departed from except as provide

in clause 31.

6.4 Inspection of Contractors DrawingsThe Employer shall have the right at all reasonable times to inspect, at theContractors premises, all contractors drawings of any part of the works.

6.5 Employers Use of Contractors DrawingsThe Employer may use contractors drawings for no other purpose thancompleting, operating, maintaining, adjusting, and repairing the works.

6.6 Contractors Use of Employers Drawings:

The Employers drawings, specification and other information submitted bythe Employer to the Contractor shall remain the property of the Employer.They shall not, without the consent of the Employer, be used, copied orcommunicated to a third party by the contractor unless necessary for thepurpose of the contract.

6.7 Manufacturing Drawings

Unless otherwise specified in the Technical Specifications Section, thecontractor shall not be required to disclose to the Employer, theContractors confidential manufacturing drawings, know-how or

manufacturing practices processes or operations.

7 Errors in drawings7.1 Errors in Contractors Drawings

The contractor shall be responsible for any errors or omissions in theContractors drawings unless they are due to incorrect Employers Drawingsor other written information supplied by the Employer. Approval by theEmployer of the Contractors drawings shall not relieve the contractor fromany responsibility under this Sub clause

The contractor shall bear any costs he may incur as a result of delay in

providing contractors drawings and other information or as a result of errorsor omissions therein, for which the contractor is responsible.

The contractor shall at his own cost carry out any alterations or remedial worknecessitated by such errors or omissions for which he is responsible andmodify the contractors drawings and such other information accordingly.

The performance of contractors obligations under this clause shall be in fullsatisfaction of his liability under this clause but shall not relieve him of hisliability under sub-clause 27.1.

7/27/2019 UG 150413 spec

19/46

7.2 Errors by EmployerThe Employer shall be responsible for the Emp loyers drawings and for otherwritten information supplied by him. If such Employers drawings, informationor details are incorrect and necessitate alterations of the work, the Employershall pay the Contractor the cost of the alterations as mutually agreed.

8 Obligations of the Contractor8.1 General Obligations

The contractor shall, in accordance with the contract, with due care anddiligence, carry out the works as per the scope of work defined in theTechnical Specifications within the time for completion. The Contractor shallalso provide all necessary contractors equipment, superintendence, labourand all necessary facilities thereof.

The Contractor shall be deemed to have carefully examined the biddingdocuments, the site and the existing installations, as applicable, and to havesatisfied himself as to the nature and character of the work to be executed,the prevailing meteorological conditions as well as the local uses andconditions and any other relevant matters and details. Any informationreceived from the Employer shall not in any way relieve the contactor from hisresponsibility for supplying the equipment and material and executing hiswork in terms of the contract, including all details and incidental work andsupply of all accessories or apparatus which may not have been specificallymentioned in the contract but are necessary for ensuring the completeinstallation and a safe and efficient operation of the plant.

8.2 Setting OutThe Contractor shall set out the works in relation to original points, lines andlevels of reference given by the Employer in writing and provide all necessaryinstruments, appliances and labour for such purposes.

If, at any time during the execution of the works, any error appears in thepositions, levels, dimensions or alignment of the works, the contractor shallrectify the error.

The Contractor shall bear the cost of rectifying the error, unless the error

results from incorrect information supplied in writing by the Employer, or fromdefault by another contractor of the Employer, in which case the cost togetherwith profit shall be borne by the Employer.

The checking of any setting -out by the Employer shall not relieve theContractor of his responsibility for the accuracy thereof.

9. Contract Agreement9.1 The contractor shall execute a contract agreement recording all the

terms of the contract, to be prepared by and completed at the cost ofthe contractor in the form provided in section VI

10. Performance Security10.1 The contractor shall obtain a performance security, in the sum of 10% of the

total contract price within 30 days after the receipt of the Notification of Award.The performance security shall be provided in the form of Bank Guarantee.The cost of complying with the requirements of this clause shall be borne bythe contractor. The security shall be furnished valid initially till the expiry ofthe Defects Liability period of 12 months, and shall be extended appropriatelyas Defects liability period is extended in accordance with clause 30.4. Thevalue of the performance security shall be reduced to 5% of the total contractprice as soon as the Employer has issued a taking over certificate in

accordance with Sub clause of Taking over certificate.

7/27/2019 UG 150413 spec

20/46

The form of the performance security shall be provided in the biddingdocument or in some other format that is acceptable to the Employer. In theevent of any change in the contract price, the performance security shall beadjusted provided that such adjustment shall be subject to the approval of theEmployer. The performance security shall be paid to the Employer on firstdemand without conditions or proof.

10.2 Period of ValidityThe performance security shall be valid until the contractor has executed,completed and remedied defects in the works in accordance with the contract.No claim shall be made against the performance security after the issue ofthe Defects Liability Certificate and the performance security shall be returnedto the contractor within 14 days of the issue of the Defects Liability Certificate.

11. Contract Price11.1 Sufficiency of Contract PriceThe contractor shall be deemed to have satisfied himself of and takenaccount of in his bid:

a. All the condition and circumstances affecting the contract price.b. The possibility of carrying out the works as described in the contract.c. The general circumstances at the site.d. The general labour position at the site ande. with respect to the above provision, the contractor shall be deemed to

have also satisfied himself, before bidding, with

- existing conditions, nature of existing roads and bridges and othermeans of access to the site.- Presence of artificial obstructions on ground or underground or in

air, boulders, or released water from and structures constructed forthe existing sub-station, or any other obstruction.

- Stability of existing slopes in the site- Nature of the surface and subsurface on or in which the works are

to be executed or in the immediate vicinity of the works, and thenature and extent of surface water or water contained in the subsoilby which the works may be affected under all possible climaticconditions.

If the specification does not contain particulars of materials and works whichare obviously necessary for the proper completion of the works, and theintention to include, which is nevertheless to be inferred, all such materialsand works shall be supplied and executed by the contractor without extracharge. If the contractor required additional information, he shall so requestin writing to the Employer who will provide such detailed information asnecessary within a reasonable time.

The contractor shall be responsible for checking the information given inwriting by the Employer for obvious omissions or inconsistencies, and for hisinterpretation of information received from whatever source.

11.2 Physical Obstructions and ConditionsIf during the execution of the works on site the contractor encounters physicalobstructions or conditions, which could not reasonably have been foreseen bythe contractor, the Employer shall certify, and these shall be added to thecontract price, the additional cost of complying with any instruction which theEmployer, after due consultation with the contractor issues to the contractor inconnection therewith.

12. Programme12.1 Programme to be Furnished

7/27/2019 UG 150413 spec

21/46

The contractor shall submit to the Employer for his approval the programme,for each individual complete work quoted/ ordered and such programme shallcontain the following:

(a) The order in which the contractor propose to carry out the works (including

detailed survey, optimisation of cable route, cable laying arrangement,cable length and accessories finalization, manufacture, inspection,delivery of material, laying activities, commissioning and handing over ofcommissioned works to PSEB.

(b) The times when submission and approval of the contractor s drawings arerequired.

(c) The times by which the contractor requires the Employer:

i) to furnish any Employers Drawings,

ii) to have obtained any import licences, consents, way leaves andapprovals necessary for the purpose of the works.

The approval by the Employer of the Programme shall not relieve thecontractor or the Employer from any obligation under the contract.

d) Within thirty (30) days after receiving Notification of Award, the contractorshall submit to the Employer for approval, a detailed programme based onthe key dates stated in the bidding documents or other dates which maybe given in the notification of award in the form of PERT-Chart scheduleshowing the order of precedence in which he proposes to carry out theworks and construct his temporary facilities including design, manufacture,delivery to the site, transport, storage, survey, of cable route laying,

jointing, terminations, sheath bonding etc. and commissioning. Also, thecontractor, whenever requested by the Employer shall provide particularsfor his information, in writing, of the contractors arrangement withinten(10) calendar days of such request or other days stated in his request.

This programme shall show clearly all activities and its durationsalongwith earliest and latest event times and the first and last dates of thesubmission of the drawing and each date of shop inspection by theEmployer and critical path for the works. The programme approved by theEmployer shall form part of the contract.

12.2 Alteration to ProgrammeNo major alteration to the programme shall be made without the approval ofthe Employer.

12.3 Revision of ProgrammeIf the progress of the works does not conform to the programme, theEmployer may instruct the contractor to revise the programme.

13. Contractors Representative13.1 The contractor shall, in addition to a project co-ordinator, employ one or more

competent representatives to supervise the carrying out of the works on site.They shall be fluent in the language for day-to-day communications. Theirnames shall be communicated in writing to the Employer before work on sitebegins.

Any instruction or notice which the Employer gives to the Contractorsrepresentatives shall be deemed to have been given to the contractor.

At least one of the contractors competent representatives on each site shallbe fluent in speaking, writing, reading and understanding English.

13.2 Objection to Contractors Employees

7/27/2019 UG 150413 spec

22/46

The contractor shall, upon the Employers written instruction, remove from theworks any person employed by him in the execution of the works, whomisconducts himself or is incompetent or negligent.

14. Contractors Construction Management

14.1 Contractors EquipmentThe contractor shall provide all contractors equipment haulage & powernecessary to complete the works, including transport at his own cost.

All contractors Equipments shall, when brought on to the site, be deemed tobe exclusively intended for the execution of the works. The Employer shallhave lien on all such equipment brought to Site for the purpose of erection,testing and commissioning of the transmission line. The contractor shall notremove from the site any such equipment, except:

a) when it is no longer required for the completion of the works, or

b) when the Employer has given his consent.

14.2 Safety PrecautionsThe contractor shall observe all applicable regulations regarding safety on thesite.

Unless otherwise agreed, the contractor shall, from the commencement ofwork on site, until taking over, provide:

a) fencing, lighting, guarding and watching of the works andb) temporary roadways, footways, guards and fences which may be

necessary for the accommodation and protection of owners and occupiersof adjacent property, the public and others.

14.3 Electricity and WaterThe Contractor shall be entitled to use for the purposes of the works suchsupplies of electricity and water as may be available on the site and shallprovide any apparatus necessary for such use. The contractor shall pay theEmployer at the applicable tariff plus the Employers overheads, if any, forsuch use. Where such supplies are not available, the contractor shall makehis own arrangement for provision of any supplies he may require.

14.4 Employers equipmentThe contractor shall pay hire charges as may reasonably be levied for theEmployers equipment, if any, and also provide the transport, haulage, poweretc. at his own cost.

14.5 Clearanceof Site.The contractor shall from time to time during the progress of the works clearaway and remove all surplus materials and rubbish. On completion of theworks the contractor shall remove all contractors equipment and leave thewhole of the site and the works clean and in a workmanlike condition, to thesatisfaction of the Employer. The contractor shall obtain prior approval of theEmployer to remove surplus materials.

14.6 Opportunities for other ContractorsThe contractor shall in accordance with the Employers instructions,cooperate with and afford to other contractors engaged by the Employer towork on the site and persons lawfully so engaged upon the site all reasonableopportunities for carrying out their work provided that the same shall notobstruct or disturb the progress of the works. The contractor shall also affordsuch opportunities to the employees of the Employer.

14.7 Authority for Access

7/27/2019 UG 150413 spec

23/46

No persons other than the employees of the contractor and hissubcontractors shall be allowed on the site except with the written consent ofthe Employer.

Facilities to inspect the works shall at all times be afforded by the contractor

to the Employer and his representatives ,authorities and officials.

15. Compliance with Laws15.1 Compliance with Statutes , Regulations.

The contractor shall in all matters arising in the performances of the contract,comply in all respects with, give all notices and pay all fees required by theprovisions of any national or state statute, ordinance or other law or anyregulations or by law of any duly constituted authority.

The contract shall in all respects by construed and interpreted in accordancewith the laws in force in India, including any such laws passed or made or

coming into force during the period of the contract.

15.2 Compliance with Laws.The contractor shall comply with the laws of India for manufacturing ofequipment and erection of the lines.

16. Patents.

16.1 Patent RightsThe contractor shall indemnify the Employer against all claims of infringementof any patent, registered design, copyright, trade mark or trade name or otherintellectual property right provided that all of following conditions are satisfied:

a) The claim or proceedings arise out of the design, construction,manufacture or use of the works or any plant supplied by the contractor.

b) The right was protected at the date of the contract in the contractorscountry or the country in which the plant is to be manufactured or erected.

(c ) The infringement or allegation of infringement was not caused by any useof the works otherwise than for the purpose indicated by or reasonably tobe inferred from the specification.

(d) The infringement or allegation of infringement was not caused by the useof any plant in association or combination with any plant not supplied bythe contractor, unless such association or combination was disclosed tothe contractor prior to the date of the bid.

(e) The infringement or allegation of infringement was not caused by thecontractor following the design or instructions of the Employer.

16.2 Claims in respect of Patent RightsThe contractor shall be promptly notify of any claim under this clause madeagainst the Employer. The Contractor may at his own cost conduct

negotiations for the settlement of such claim and any litigation that may arisethere from.

The Employer shall not make any admission which might be prejudicial to thecontractor unless the contractor has failed to take over the conduct of thenegotiations or litigation within a reasonable time after having been sorequested.

The Contractor may not, however, conduct such negotiations or litigationbefore he has given the Employer such reasonable security as the Employermay require. The security shall be for an amount which is an assessment of

the compensation, damages, expenses and costs for which the Employer

7/27/2019 UG 150413 spec

24/46

may become liable and which are the subject of the indemnity under subclause 16.1

The Employer shall, at the request of the contractor, provide all availableassistance for the purpose of contesting any such claim or action and shall

be repaid all reasonable costs incurred in so doing by the contractor.

16.3 Payment for Equipment in Patent DisputeThe Employer will not make payment for equipment against which there is anunresolved claim for patent infringement.

17. Obligations of the Employer17.1 Access to and Possession of the Site

The Employer shall in reasonable time grant the Contractor access to andpossession of the site, which may, however, not be exclusive to thecontractor.

The contractor shall provide at his own cost any access foot pass structures,bridges and approach to the work sites from public roads in accordance withthe requirement stipulated in the Technical Specification.

17.2 Assistance with local Regulations.

The Employer shall assist to the extent possible the contractor in ascertainingthe nature an extent of any laws regulations, orders or by-laws and customswhere the plant is to be erected, which may affect the contractor in theperformance of his obligations under the contract. The Employer shall if sorequested procure for the contractor copies thereof where available andinformation relating thereto at the contractors cost.

17.3 Consents and WayleavesThe Employer shall within the time indicated by the contractor in hisprogramme prepared under clause 12 obtain or grant all consents includingpermits to work, wayleave and approvals required for the works.

18. Labour18.1 Engagement of Labour

The contractor shall, unless otherwise provided in the contract, make his ownarrangements for the engagement of all labour and for their payment,housing, feeding and transport.

The contractor shall pay rates of wages and allowances according to thenature of the works and observe hours and working conditions of hisemployees so as to be no less favourable to the employees than thosegenerally prevailing in the region where the works are to be carried out. Atthe same time the contractor shall observe all regulations prescribed by thelaw of the Government and shall strictly comply with any agreement, custom,practice or award relating to the wages.

The contractor is encouraged, to the extent practicable and reasonable, toemploy staff and labour with the required qualifications and experience form

sources within the region of work.

18.2 Returns of LabourThe Contractor shall submit detailed returns showing the supervisory staffand the numbers of the several classes of labour from time to time employedby the contractor and subcontractors on the site. The returns shall besubmitted in such form and at such intervals as the Employers may prescribe.

The contractor shall within twenty four (24) hours of the occurrence of anyaccident at or about the site or in connection with the execution of the worksreport such accident to the Employer. The contractor shall also report such

accident to the competent authority whenever such report is required by thelaw.

7/27/2019 UG 150413 spec

25/46

The contractor shall keep proper wages books and time sheets showing thewages paid to and the time worked by all workmen employed by him in andfor the performance of the contract and shall produce such wages books andtime sheets on demand for inspection by any persons duly authorised by the

Employer and shall furnish to the Employer such information relating to thewages and conditions of employment of such workmen as the Employer orhis duly authorised representative may from time to time require.

18.3 Restriction on Working Hours.No work shall be carried out on the Site outside normal working hours or onthe locally recognised days of rest, unless:

a) the contract so provides, or

b) the work is unavoidable or necessary for the saving of life or property or

for the safety of the works, in which case the contractor shall immediatelyadvise the Employer, or

c) the Employer gives the consent.

18.4 The contractor will be expected to employ on the work only his regular skilledemployees with experience of the particular type or work. No female labourshall be employed after darkness. No person below the age of eighteenyears shall be employed.

18.5 In case the Employer becomes liable to pay any wage ordues to the labour or any Government agency under any of provisions of theminimum wages act, workmen compensationAct, Contract Labour Regulation Abolition Act or any otherlaw due to act of omission of the contractor, the Employer may make such

Payments and shall recover the same from the contractors bills.

19. Workmanship and Materials19.1 Manner of Execution

All plant to be supplied shall be manufactured and all work to be done shallbe executed in the manner set out in the contract.

Where the manner of manufacture and execution is not set out in thecontract, the work shall be executed in a proper and workmanlike manner inaccordance with recognized good practice & maintaining full safety measures.

19.2 Covering up workThe contractor shall give the Employer full opportunity to examine, measureand test any work on site which is about to be covered up or put out of view.

The contractor shall give due notice to the Employer whenever such work isready for examination, measurement or testing.

The Employer shall then, unless he notifies the contractor that he considers itunnecessary, without unreasonable delay carry out the examination,measurement or testing.

19.3 Uncovering WorkIf so instructed by the Employer, the Contractor shall expose any parts of theworks. The Contractor shall reinstate and make good such parts to theEmployers satisfaction.

If any parts of the works have been covered up or put out of view by theContractor after complying with sub-clause 19.2 and are found to be inaccordance with the contract the cost incurred by the contractor in complying

with the Employers instructions including profit shall be certified by the

7/27/2019 UG 150413 spec

26/46

Employer and added to the contract price. In any other event, all costs shallbe borne by the contractor.

20. Inspection & Testing20.1 Independent Inspection

The Employer may, if so provided in the Contract or with the Contractorsconsent, delegate inspection and testing of plant to an independent inspector.

20.2 Inspection and Testing During ManufactureThe Employer shall be entitled during manufacture to inspect, examine andtest the materials and workmanship and check the progress of manufacture ofall plant to be supplied under the contract. This shall take place on thecontractors premises during working hours. If plant is being manufactured onother premises, the contractor shall obtain permission for the Employer tocarry out such inspection, examination and testing on those premises.

No such inspection, examination or testing shall release the contractor fromany obligation under the contract.

20.3 Dates for Inspection and TestingThe contractor shall give the Employer reasonable notice in writing of the dateon and the place at which any plant will be ready for testing as provided in thecontract and the Employer shall attend at the place so named withinfifteen(15) days of the date which the contractor has stated in his notice. TheEmployer shall give the Contractor twenty-four (24) hours notice in writing ofhis intention to attend the tests. The above notices shall be given at first bythe quickest possible means and confirmed later in writing.

If the Employer does not attend on the date agreed, the contractor may,unless the Employer instructs the contractor not to do so, proceed with thetests, which shall be deemed to have been made in the Employers presence.

The Contractor shall forthwith forward to the Employer duly certified copies ofthe test results. If the Employer has not attended the test, he shall accept thevalidity of the test readings.

If on receipt of the contractors notice of testing, the Employersrepresentative does not find the plant to be ready for testing, the costsincurred by the Employer for reputation of his representative shall bededucted from the Contract Prices.

20.4 Facilities for TestingWhere the Contract provides for tests on the premises of the contractor or ofany Sub-Contractor, the Contractor shall provide such assistance, labour,materials, electricity fuel stores, apparatus and instrument as may benecessary to carry out the tests efficiently.

20.5 Reports of Inspection and TestsWhen the factory tests have been completed at the Contractors or Sub -Contractors works, the Employer shall issue a certificate to this effect within15 days after successful completion of tests but if the tests are not witnessedby the Employer, the certificate will be issued within 15 days of receipt ofContractors test certificate by the Employer.

The Contractor shall provide the Employer with four (4) copies of report of allInspection and tests.

21. Rejection

21.1.1 If, as a result of the inspection, examination or testing referred to in clause20, the Employer decides that any plant is defective or otherwise not in

accordance within the Contract, he may reject such plant and shall notify the

7/27/2019 UG 150413 spec

27/46

contract thereof immediately. The notice shall state the Employersobjections with reasons. The Employer shall not reject any Plant for minordefects which do not affect the commercial operation of such plant.

The contractor shall then with all speed make good the defect or ensure that

any rejected plant complies with the contract.

If the Employer requires such Plant to be retested, the tests shall be repeatedunder the same terms and conditions. All cost incurred by the Employer inthe repetition of the tests shall be deducted from the Contract Price.

22. TAKING OF DELIVERY OF MATERIAL :

22.1 The contractor will have to take delivery of materials under the charge ofTLSC Organisation from the carrier/Boards Stores located at Ablowal(Patiala) or Jamsher Khas (Near Jalandhar) and transport it to the respectivesites and keep in safe custody without any extra charges. The contractor willbe fully responsible for any damage or loss of any material at any stageduring transportation or erection upto completion of work.The contractorshall have to furnish the BG/Indeminity Bond for the value of thematerial to be drawn from stores through concerned TLSC officer/JE forerrection at site.

22.2 The contractor shall have to maintain site store near the route andensure for safe custody of all the stored materials at his own risk andcost. Contractor will also arrange insurance of the material.

22.3 The contractor shall be totally responsible for all the material stored, loose,semi assembled and/or erected by him at site in his custody. The contractorshall make suitable security arrangements at his own cost to ensure theprotection of all materials, equipment and works from theft, fire, pilferage andany other damages and loss. It shall be the responsibility of the contractor toarrange for security till the works are finally taken over by the Board.

22.4 The work will be executed under the overall supervision of the TLSCOrganisation with checks from the office of Director DesignTransmission.

23 Suspension of Works, Delivery or Erection

23.1 Order to Suspend

The Employer may at any time instruct the Contractor to:

a) Suspend progress of the works, or

b) suspend delivery of plant or Contractors Equipment which is readyfor delivery to the site at the time for delivery specified in theProgramme, or if no time is specified, at the time appropriate for itto be delivered, or

c) suspend the erection of plant which has been delivered to the site.

When the Contractor is prevented from delivering or erecting plant inaccordance with the Programme by reason of any delay or failure on the partof the Employer, or of failure by the Employer to give permission to deliver orby any cause for which the Employer is responsible, the Employer shall bedeemed to have instructed a suspension provided the contractor has giventhe notice of the same within fifteen (15) days of such occurrence and theEmployer does not respond to such a notice by the Contractor.

7/27/2019 UG 150413 spec

28/46

The Contractor shall during suspension protect and secure the works or plantaffected at the contractors works or elsewhere or at the site, as the casemay be, against any deterioration, loss or damage.

24 Effects of Suspension

24.1 Cost of SuspensionThe additional cost incurred by the Contractor in protecting, securing andinsuring the works or Plant and in following the Employers instructions undersub-clause 23.1 and in resumption of the work, shall be added to the contractPrice except that no such addition to the contract price shall be made if thesuspension or deemed suspension is for a period less than 10 days.

The Contractor shall not be entitled to be paid any additional costs if suchsuspension is necessary by reason of a default on the part of the contractoror for the proper execution, or for the safety of the works or plant, unless

such necessity results from any act or default of the Employer or inconsequence or any of the Employers risks.

The Contractor shall not be entitled to additional costs unless he notifies theEmployer of his intention to make such claim, within 10 days after receipt ofthe order to suspend progress or delivery or of the date of deemedsuspension (under sub-clause 23.1). & the order to suspend.

24.2 Payment in Event of SuspensionThe Contractor shall be entitled to payment as at the date of suspension forPlant which has not been delivered to Site if the work on Plant or delivery ofPlant has been suspended for more than 3 months.

A certificate of payment shall be issued on condition that :

a) the contractor has marked the plant as the Employers property inaccordance with the Employers instructions, and

b) the suspension is not due to the contractors default.

23.3 Prolonged SuspensionIf suspension (under clause 23.1) as per order to suspend has continued formore than 18