Rfp document for Solar PV Project in Delhi

Request for Proposal for Grid Connected Solar Photovoltaic Power Plant at NDPL
Request for Proposal
Design, Manufacture, Supply, Erection, Testing and Commissioning of Grid
Connected Solar Photovoltaic Power Plants with associated Power
Evacuation Arrangement on turnkey basis
North Delhi Power Limited
Tender Notice No: NDPL/SPV/04
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Table of Contents
Section Topic
Section 1 Key Dates of the Tender
Section 2 Notice Inviting Tender
Section 3 Check List of Documents to be enclosed with the offer document
Section 4 Instruction to Bidder
Section 5 General Terms and Conditions
Section 6 Special Terms and Conditions
Section 7 Technical specifications
Section 8 Annexures
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Section 1: KEY DATES
Assignment Design, Manufacture, Supply, Installation, Erection, Testing
and commissioning of Grid Connected Solar PV Power Plant
with associated Power Evacuation Arrangement on turnkey
basis
Tender Notice Reference NDPL/SPV/04 & NDPL/SPV/04A-E
Pre Bid Meeting March 25, 2011 at 1400 hours
Last date of Submission March 31, 2011 upto 1500 hrs IST
Date of Opening March 31, 2011 at 1600 hrs IST
Validity of Tender 90 days
Note:
1. May please note if any of the dates mentioned above is declared a public
holiday, the dates mentioned above shall be extended to the next working day.
2. Any clarifications sought for this tender shall be done in writing/ email to the
following address/email id:
Mr. Vineet Taneja
Business Development Group
33 kV, Grid Substation Building
Hudson Line, Kingsway Camp
New Delhi – 110 009
Email: vineet.taneja@ndpl.com
Phone: +91 11 66112475
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Section 2 – NOTICE INVITING TENDER
NORTH DELHI POWER LIMITED
(A Tata Power & Delhi Government Joint Venture)
NDPL House, Hudson Line, Kingsway Camp, Delhi-110009
Sealed Tenders are invited from eligible bidders for Design, Manufacture, Supply, Installation,
Erection, Testing and commissioning of Grid Connected Solar PV Power Plant with associated
Power Evacuation Arrangement on turnkey basis.
Capacity, Location of
the Projects, EMD &
Tender Cost.
(All proposed
project Locations,
are part of NDPL
Capacity Tender No. Location* Technology EMD
Amount
(INR)
Tender
Cost
(INR)
50 KWp NDPL/SPV/04A Rohini Grid
Substation
Crystalline
PV
1,75,000 2,000
60 KWp NDPL/SPV/04B Shahzadabad
Grid Substation
Crystalline
PV
2,00,000 2,000
48.5 KWp NDPL/SPV/04C Inder Puri Grid
Sub Station &
District Office
Crystalline
& Thin Film
Mix (50:50)
1,75,000 2,000
225 KWp NDPL/SPV/04D PP-2 Grid Sub-
Station
Crystalline
PV
7,50,000 7,500
250 KWp NDPL/SPV/04E CENPEID,
Rohini Sec-11
Crystalline
PV
8,00,000 7,500
Completion Time 4 months from the placement of LOI/PO whichever is earlier.
Sale of Tender
Documents
Tender Documents can be collected on all working days from 10:00 hrs to 16:00 hrs
from 11.03.2011 to 24.03.2011
Pre-Bid Discussions
Pre-Bid shall be organized on March 25, 2011 at 15:00 Hrs IST at our Hudson Lanes
Office, Kingsway Camp, Delhi -110 009
Submission of Bids
Bids shall be submitted on or before March 31, 2011 latest by 15:00 Hrs IST and shall be
opened on the same day at 16:00 Hrs at NDPL Corporate office (address mentioned
above. Bidders can exercise options to bid for one, two or all the locations.
Page 4
NOTICE INVITING TENDER

The tender should be submitted in two parts as follows:
Part - A: Eligibility & Technical Offer & Commercial Offer:
The documents related to minimum eligibility conditions as given below should be submitted in a
separate envelope super scribing “Documents related to minimum eligibility conditions". The
criteria of eligibility shall remain same except as covered in item no. 5 hereunder for bidders
bidding for one or more than one project. However, a single set of eligibility documents is to be
submitted by the Bidders.
The Original Equipment Manufacturer (OEM) of Solar Power Generation System who fulfils the
following criteria shall be eligible to apply:-
1. The Bidder should have had an average annual financial turnover of Rs. 50 Crores
during the last 2 consecutive financial years. (FY 08-09 & FY 09-10).
2. The Bidders shall have adequate after sales service infrastructure including fully trained
manpower and necessary tools and plant within India. Details for the same shall need to
be furnished with the offer.
3. In case of a consortium, one of the consortium partners must be OEM.
4. The bidder must have an experience of integration of various plant & equipments
including power conditioning unit, solar charge controller, associated electrical and
related civil structures.
5. Bidder/their consortia should have experience in design, manufacture, supply,
installation and commissioning of
a) Bidder’s bidding for 50 KWp & 60 KWp capacities, shall have executed
successfully at least 2 Grid Connected projects of minimum size 50 KWp each in
India using crystalline PV technology. The bidder shall also have successfully
installed a cumulative capacity of at least 200 KWp in India / abroad. A single grid
connected project of 200 KWp is acceptable but not preferable.
b) Bidder’s bidding for 250 KWp & 225 KWp capacities, shall have executed
successfully at least 2 Grid Connected projects of minimum size 150 KWp each in
India using crystalline PV technology. The bidder shall also have successfully
installed a cumulative capacity of at least 1000 KWp in India / abroad. A single grid
connected project of 1000 KWp is acceptable but not preferable.
c) Bidders bidding for 48.5 KWp capacity shall have executed successfully at least
2 Grid Connected projects of minimum size of 50 KWp of which at least 1 shall be
using thin film technology. The bidder shall also have successfully installed a
cumulative capacity in India & abroad of atleast 100 KWp. A single grid connected
project of 100 KWp using thin film is acceptable but not preferable.
d) Bidders bidding for 50 KWp, 60 KWp, 225 KWp & 250 KWp capacities shall be
the OEM of crystalline PV modules.
e) Bidders bidding for 48.5 KWp capacity project shall be an OEM of Thin Film
modules.
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f) Bidders shall provide contact details for independent verification by Purchaser for
at least 2 such projects.
6. The bidder must have ISO 9001certification.
7. The Bidder should have IEC approval for their modules.
8. The Bidder should provide Earnest Money and the Tender fee as stipulated above in the
NIT Advertisement and reproduced below for ready reference by demand draft / banker's
cheque /Bank Guarantee from Scheduled or Nationalized Banks in favour of North
Delhi Power Limited payable at Delhi
Capacity, Location of
the Projects, EMD &
Tender Cost.
(All proposed
project Locations,
are part of NDPL
Capacity Tender No. Location* Technology EMD
Amount
(INR)
Tender
Cost
(INR)
50 KWp NDPL/SPV/04A Rohini Grid
Substation
Crystalline
PV
1,75,000 2,000
60 KWp NDPL/SPV/04B Shahzadabad
Grid Substation
Crystalline
PV
2,00,000 2,000
48.5 KWp NDPL/SPV/04C Inder Puri Grid
Sub Station &
District Office
Crystalline
& Thin Film
Mix (50:50)
1,75,000 2,000
225 KWp NDPL/SPV/04D PP-2 Grid Sub-
Station
Crystalline
PV
7,50,000 7,500
250 KWp NDPL/SPV/04E CENPEID,
Rohini Sec-11
Crystalline
PV
8,00,000 7,500
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Techno - Commercial Offer: To be submitted in a separate envelop super scribing “Techno-
Commercial offers for ____ KWp (Specify Capacity) Grid Connected SPV Power Plant at
_____________ (Specify Location)” and submitted under Part A. Please note that the Bidder is
required to submit Techno Commercial Offer for each Project in a separate envelope.
Financial Offer: To be submitted in a separate envelope super scribing “Financial Offer for
____ KWp (Specify Capacity) Grid Connected SPV Power Plant at _____________ (Specify
Location)” and submitted under Part B. Please note that the Bidder is required to submit
Financial Offer for each Project in a separate envelope.
Tender document duly filled in and signed along with official seal, must be put in the proper
envelope, duly sealed, with clear recording of the tender notice number and due date on the
envelope and should be submitted to this office as per the date stipulated under “Key Dates”.
Eligibility Criteria for Part-A of the offer will be opened first. The Technical & Commercial offer of
non-eligible bidders (those not fulfilling minimum eligibility criteria) shall not be opened. NDPL
reserves the right to reject any or all offers without assigning any reason whatsoever.
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Section 3 – CHECK LIST OF DOCUMENTS TO BE ENCLOSED WITH
OFFER DOCUMENT
Please Mark (√) if the document is properly furnished or mark (X) if the document is not
furnished
Envelope 1: Containing Part – A of Offer document: Eligibility Criteria & Techno –
Commercial Offer
(Offers submitted without the following mandatory documents shall be summarily rejected):
1.1 The Bidder shall give an undertaking that the information & document submitted in the Part
– A of offer are correct & authentic (Annexure-1)
1.2 Photocopy of the trade license in support of PV Modules manufacture.
1.3 Detail address indicating name of contact person for the service unit or regional office or
manufacturing set up in India (preferably Delhi). A brief note is also to be attached indicating
nature of services extended from the service unit or regional office.
1.4 Photocopy of the testimony issued by the agency for at least 2 projects of desired capacity
or projects of similar configuration certifying that the projects has been installed by the
supplier or their consortia. (Annexure -4)
1.5 Photocopy of ISO 9001 certifications
1.6 Certificate as to Corporate Principal (Annexure 3)
1.7 Photocopy of IEC approval for modules.
1.8 Earnest money and Non-refundable Tender Fee as per details given in the NIT and Eligibility
Criteria of the RFP by demand draft / banker’s cheque in favour of North Delhi Power Limited
payable at Delhi. EMD provided by unsuccessful bidders will be returned; EMD provided by
the successful bidder will be retained and returned after submission of performance
guarantee. The EMD should be valid for 4 months from date of submission.
1.9 Audited Financial Statements for the last two financial years (08-09 & 09-10) as: (Annexure-
5)
1.10 Organizational Profile of the Bidders/ Consortia Members. In case of consortia, the roles
and responsibilities of each member must be detailed appropriately
1.11 Original copy of this tender document duly filled up with followings: (Offers submitted without
the followings shall be summarily rejected):
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 Whether the Compliance statement (Annexure-6) in respect of General
Terms & Conditions and Special Terms & Conditions has been filled up and
signed with official seal.
 Whether the Compliance Statement (Annexure 7) in respect of Technical
Specification of SPV Power Plant has been filled up and signed with the
official seal.
 Data Sheets (Annexure – 9, 10A,10B, 10 C)
1.12 Evaluation Sheet: Annexure 12
1.13 Quarterly Generation Data Sheet as per Format Annexure 12 A
Envelope 2: Containing Part – B of offer document:
(Offers submitted without the following shall be summarily rejected):
2.1 Bid Form on company's letterhead duly signed by authorized signatory with name and
designation of authorized signatory (Annexure-2).
2.2 Price Schedule for as per Annexure 13
Signature of Authorized Person:________________________________________________
Date: _________________________________________________
Name: _________________________________________________
Designation: _________________________________________________
Company Seal:
Page 9

Section 4: INSTRUCTION TO BIDDER
GENERAL
1.1 Bidders, who are eligible as per the minimum requirements laid out in this tender document,
may offer their rates in line with the procedures laid down in this document.
1.2 The bidder shall be deemed to have carefully examined the general conditions, specifications
and schedules and also to have satisfied himself as to the nature and character of the
plant and equipment to be supplied and installed under the contract, the site conditions
and all relevant matters & details. The Bidder must visit the site and take first hand
information related to the contract before submission of tender.
1.3 If they shall have any doubt as to the meaning of any portion of the tender document, the
bidder shall, before signing, set forth the particulars thereof and submit them to NDPL in
writing in order to remove such doubts.
1.4 The bidder should ensure that all information listed under Part – A & Part – B has been
attached/ enclosed in appropriate envelopes. Failure to furnish all information and
documentary evidences as stipulated in the offer document or submission of an offer that is not
substantially responsive to the offer document in all respects shall be summarily rejected.
1.5 The offers should be submitted in two parts as follows:
Part A: Eligibility & Techno-Commercial Offer
Part – B: Financial Offer (Annexure 13)
Bidders are requested to quote in three parts while submitting their price offer.
a. Design, Engineering Supply & Transportation to the Site of Equipment
b. Unloading at Site, Installation and Commissioning Cost
c. Five years of Comprehensive AMC
1.6 Each of these parts is to be submitted in separate sealed envelopes. The following information
should be clearly super scribed on each of the envelopes:
Top: “Part-A: Eligibility & Techno-Commercial Offer for Grid Connected SPV Power Plant”
“Part-B: “Financial offer for Grid Connected SPV Power Plant”.
Middle: "Tender for Design, Manufacture, Supply, Installation, Erection, Testing and
commissioning of ____ KWp (Specify Capacity) Grid Connected SPV Power Plant at
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_____________ (Specify Location) with associated Power evacuation arrangement on
turnkey basis
Bottom: Name & address of bidder
1.7 The two sealed envelopes for Part-A & Part - B should in turn be enclosed in one larger sealed
envelope addressed to North Delhi Power Limited with the following information super
scribed:
Top: Tender for Design, manufacture, supply, erection, testing and commissioning of
____ KWp (Specify Capacity) Grid Connected SPV Power Plant at _____________
(Specify Location) with associated Power evacuation arrangement on turnkey basis
Offer Due on: _______________________________
Bottom: Name & address of bidder
1.8 The bidder shall note that any conditional offer will not be considered.
1.9 All pages of offers including bids, technical specifications, supporting documents etc are to
be signed by authorized signatory in each page and company seal should be affixed on
each page. In case of non-compliance, offer is liable for rejection.
1.10. There will be a pre-bid meeting scheduled as indicated in the Key Dates, where in the
potential bidders can seek any techno-commercial clarifications.
2. DEADLINE FOR SUBMISSION OF OFFERS
2.1 The offers must be received by NDPL on or before the date and time specified in the Notice
Inviting Tender.
3. LATE OFFERS
3.1 Any offer received after the deadline for submission of offers shall be rejected or returned
unopened to the bidder.
4. LANGUAGE OF OFFER
4.1 The offer prepared by the bidder and all correspondence and documents relating to the
bid exchanged by the bidder and NDPL shall be written in English.
5. VALIDITY OF OFFER
5.1 The offer shall remain valid for a period of 90 days from date of opening of bid.
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6. SIGNING OF OFFER
6.1. The offer should be signed and sealed by the bidder or his authorized representative with his
usual signature. The names and designations of all persons signing should be typed or
printed below the signature. In case of corporation / companies / consortia, the offer should be
signed by the Managing Director or his authorized representative. In case of signature by
authorized representative the letter of authorization by written power of attorney should be
enclosed with the offer. The offer shall contain no erasures or overwriting except as
necessary to correct errors made by the bidder. Such corrections, if any, shall be initialed by
the person(s) signing the offer along with seal.
7. CLARIFICATION OF TENDER DOCUMENTS
7.1 Any bidder requiring any clarification of the tender document may notify NDPL in writing. NDPL
will respond in writing to any request for any clarification of the tender document, which will be
received at least seven days prior to the dead line for submission of offer indicated in the Notice
Inviting Tender. Written copies of the NDPL's explanation of query will be sent to prospective
Bidders.
8. AMENDMENT TO THE OFFER DOCUMENT
8.1 At any time prior to the submission of the offer or prior to the opening of the tender, NDPL may for
any reason, whether at its own initiative or in response to a clarification requested by any
bidder modify the offer document by amendments.
8.2 The amendments will be notified in writing or by fax to all prospective bidders who have
been issued the tender documents and will be binding on them. NDPL will bear no
responsibility or liability arising out of non-receipt of the same in time or otherwise.
9. PROCEDURE FOR OPENING OF OFFERS
9.1 Envelope containing Part - A and super scribed "Eligibility Criteria & Techno-Commercial
Offer" and Part - B and super scribed "Financial offer for Grid Connected SPV Power Plant"
shall be opened at the time and date mentioned in the Notice Inviting Tender.
9.2 The Techno-Commercial offer and eligibility documents contained in the envelopes Part - A
shall be opened in the presence of bidders or their authorized representative (up to two
persons), who choose to attend the opening of bid at NDPL office. The bidders' representatives
shall sign a register evidencing their attendance.
9.3 After opening of single envelope containing the Part-A, super scribed "Eligibility & Techno-
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Commercial Offer" (The documents related to minimum eligibility conditions) shall be opened
first & be evaluated for eligibility for considering their Financial offer. Those bidders who satisfy
& fulfill all minimum eligible criteria as asked for shall be considered to open their Part-B
envelop for Financial offer.
10. CLARIFICATION ON OFFER
10.1 To assist in the examination, evaluation and comparison of offers, NDPL, may ask the bidders
for clarification(s) on its offer. The request for clarification and the response shall be in writing.
11. CONTACTING NDPL
11.1 No bidder shall contact NDPL on any matter relating to their offer submitted in response to this
tender from time of bid opening to the time contract is awarded. Any effort by a bidder to
influence NDPL in the process of Bid evaluation and Bid comparison or contract award
decision may result in rejection of the Bidder's offer.
12. RIGHT TO ACCEPT / REJECT ANY OR ALL OFFERS
12.1 NDPL reserves the right to reject any or all the offers without assigning any reasons thereof.
13. AWARD OF CONTRACT
13.1 NDPL will award the contract to the successful bidder, whose bid has been determined as
acceptable as per the scoring system given in Section – 4 para 13.2 subject to fulfillment of all
terms & conditions and compliance of technical specification. Further that the bidder is
determined to be qualified to perform the contract satisfactorily.
13.2. Evaluation system based on score. Rating done on overall score of 20
S
No.
Attribute Score
1 Technical : Guaranteed energy generation for sale per
annum (kWh) over a period of 25 years
10
2 Price 10
Total 20
Bidders shall be required to submit evaluation parameter in Annexure 12 failing which they shall
not be awarded any marks for evaluation. The award of contract shall be notified through both
written communication as well as posted on the website for reference of all bidders.
14. NOTIFICATION OF AWARD
14.1 Prior to expiration of the period of validity, NDPL will notify the successful bidder in writing through
placement of letter of intent / Purchase Order.
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Section 5: GENERAL TERMS AND CONDITIONS
1.0 SCOPE
A. Scope of Work
The Scope of Work of the Contract is defined as part of Special Terms & Conditions and
Technical specifications annexed here with.
B. Completeness
Any supplies and services which might have not been specifically mentioned in this Contract
but are necessary for the scope mentioned in Special Terms & Conditions and Technical
Specifications and/or completeness of the works at the highest possible level, including any
royalties, license fees & compensation to be paid, whether incurred by the contractor or by a
third party for the work covered in the scope, regardless of when incurred, shall be
supplied/provided by the Contractor without any extra cost to the Purchaser and within the
time schedule for efficient , smooth and satisfactory operation and maintenance of the works
at the highest possible level under Indian conditions (but according to international standards
for facility of this type), unless expressly excluded from the scope of supplies and services in
this Contract.
C. Rights of Purchaser to vary the scope
C.1The Purchaser shall have the right, during the performance of the Contract, to change
the scope and/or technical character of the Project and/or of the supplies and services
stipulated in the Contract by submitting a request in writing to the Contractor. The
Contractor shall, within fifteen days of receipt of such request from the Purchaser,
provide Purchaser with a reasonably detailed estimate of the cost of the change
outlined in the request.
C.2In the event, the Purchaser requests a change as per Clause - C.1, the Contract price
and time shall be adjusted upwards or downwards, as the case may be and shall be
mutually agreed to. The Contractor shall not be entitled to any extension of time unless
such changes adversely affect the time schedule.
C.3The Contractor shall not proceed with the changes as requested as per Clause C.1 till
adjustment of Contract price and time schedule where so applicable in terms of
Clause- C.2, or otherwise directed by the Purchaser.
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2.0 DEFINITIONS
The following words and expressions as used in this Contract shall have the meanings
hereof assigned to them except where the context otherwise requires
2.1 "Approval of the Purchaser" shall mean the written approval by the
Purchaser/Consultants of a document or drawing or other particulars or matters in
relation to the Contract.
2.2 “Agreement/Contract” shall mean and include this Contract between the Purchaser
and the Contractor duly signed by the parties thereto for the execution of the Works
together with all documents annexed / attached thereto.
2.3 “Bank Guarantee” shall mean a guarantee of Nationalized bank or scheduled bank
acceptable to the Purchaser, in its sole and absolute discretion, issued by such bank
on behalf of the Contractor to secure the obligations of the Contractors under the
Contract, and in the form acceptable to the Purchaser.
2.4 “Base Date” shall mean the date of placing the Letter of Intent by the Purchaser.
2.5 "Contract Drawings”, “Drawings” shall mean the designs, plans, drawings, sketches,
tracings and prints thereof and details which have been supplied by the Contractor as
per terms of the Contract for the execution of the Works and approved by the
Purchaser/Consultant.
2.6 "Contractor" / “Principal Contractor/Bidder” shall mean either the
Contractor/Bidder/Consortia or the Sub-Contractors or both as applicable in the
context of respective scope of supplies and services.
2.7 "Contract stage" shall mean the period from Effective date of Contract to the
completion of the Contract.
2.8 "Completion Time" shall mean the period stated in the Contract for the completion of
all the Works of the Contractor, calculated from the Effective Date.
2.9 “Commissioning” shall mean the satisfactory completion of Preliminary Operation and
Trial Operation.
2.10 “Commissioning Certificate” shall mean the certificate of the Purchaser certifying
Commissioning.
2.11 “Completion” shall mean the date on which the Work is completed to the satisfaction of
the Purchaser in its absolute discretion.
2.12 "Delivery" shall mean delivery of only such equipment, materials and supplies specified
in the Contract and manufactured and / or supplied by the Contractor in accordance
with the sequence of the delivery schedule of the contract.
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2.13 "Directive" shall mean any present or future requirement instruction, direction, order,
regulation or rule of any State Competent Authority or Government of India (GOI)
Competent Authority.
2.14 “Document(s)” shall mean all drawings, plans, sketches, data sheets, characteristic
curves, performance curves, calculation sheets, Quality Assurance Plans, test reports,
formats etc. as relevant to the context.
2.15 “Erection” shall mean installation of Plant and Equipment under the supervision of
Contractor and/or any sub-contractor appointed by Contractor and will include any
service which the Contractor is required to perform at the site with his own and/or other
staff and/or labour for the due fulfilment of Contract, as applicable as per scope of
work.
2.16 “Effective Date” or “Notice to Proceed” shall mean the date of issue of Letter of Intent
(LOI) by the Purchaser.
2.17 "Mobilization” shall mean establishment as per Contract of sufficiently adequate
infrastructure by the Contractor at the Site comprising construction equipment, aids,
tools and tackles including setting up site offices with facilities such as extension of
power, water and communication etc., establishing man power organization
comprising resident engineers, supervisory personnel and an adequate strength of
skilled, semi-skilled and unskilled workers, who with the so established infrastructure
shall be in a position to commence execution of work at the Site(s), in accordance with
the agreed time schedule of completion of Works to the satisfaction of the Purchaser.
2.18 "Permit" shall mean any and all formal clearances, licences, authorizations, consents,
decrees, waivers, privileges, approval or filings, of or required by any Governmental
Instrumentality in connection with the development, establishment, construction,
maintenance, operation, ownership or financing of the Project.
2.19 “Plant”, “Equipment”, or “Plant and Equipment” shall mean and include plant, material,
machinery or any part thereof to be provided for and the erection work to be done by
the Contractor (as applicable as per scope of work) for the Project under the Contract.
2.20 “Project” shall mean the SPV power plant to be put up by the Purchaser. The relevant
details of the Project are mentioned in the Technical specification.
2.21 "Prudent Utility Practices" shall mean those practices, methods, techniques and
standards, as changed from time to time, that the highest standards employed by
leading international contractors in the electric utility industry taking. into account
conditions in India and commonly used in prudent electric utility engineering and
operations to design, engineer, construct, test, operate and maintain equipment
lawfully, safely, efficiently and economically as applicable to power stations of the size,
service and type of the Project and that generally conform to the manufacturer's
operation and maintenance guidelines.
2.22 "Purchaser" shall mean and include NDPL and its different functionaries entrusted with
the responsibilities in relation to this contract, in respect of the area of responsibilities
of such functionaries.
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2.23 "Site" shall mean the place or places envisaged by the Purchaser at which the Plant
and Equipment supplied under the Contract are to be erected and/or the construction
are to be carried out and/or services are to be performed under the Contract together
with such other places as may be specifically provided by the Purchaser for the
purposes of the Contract.
2.24 "Specifications" or "Contract Specification" shall mean the Technical Specifications,
General Specifications, Schedules, detailed designs, statements of technical data,
performance characteristics value and all such Particulars, mentioned or referred to in
the Contract.
2.25 "Supervision" shall mean the control and directions given by the Contractor in relation
to Contract work during execution of the Contractors’ and/or his sub-contractor's work.
2.26 "Supply and Services' shall mean and include any or all equipment, supplies,
materials, drawings, documents and engineering and technical services both outside
India and in India to be made/performed by the Contractor under this Contract.
2.27 "Tender Drawing" shall mean such drawings, plans, sketches and details as are issued
together with the Purchaser's specification for the purpose of preparing Tenders. "Test'
shall mean and include any and all tests to be performed under the Contract in order to
ascertain the quality and efficiency of the Contract work or part thereof and material
test in particular.
2.28 “Inspector/Inspecting Engineer” shall mean any person or firm nominated by or on
behalf of the purchaser or his duly authorized agent to inspect equipment, supplies,
materials or work under the Contract.
2.29 'Works' shall mean and include all works specified or set forth and required by the
specifications, drawings and various sections hereto annexed or referred to or to be
implied there from or incidental thereto or to be hereafter specified or required in such
explanatory instructions and drawings as shall from time to time during the progress of
the works hereby contracted for, by the Purchaser with the Contractor under the
Contract.
Words imparting persons shall include firms, Companies, Corporation, associations or
body of individuals whether incorporated or not.
Unless otherwise stated, any reference in the Contract, (i) to any applicable law shall
mean such applicable law as amended, supplemented or modified and in effect from
time to time, or any other applicable law in substance substituted there for, (ii) to any
Person shall include such Person’s successors and assigns as permitted hereby and
(iii) to any governmental authority shall include any government authority succeeding
to such government authority’s functions and capacities.
Unless the context otherwise requires (i) words of any gender include each other
gender, (ii) words using the singular or plural number also include the plural or singular
number, respectively, (iii) the terms “hereof,” “hereby,” “hereto,” and similar words refer
to this entire Contract and not any particular Section, clause, Schedule, Annexure,
Exhibit, Appendix or any other subdivision of this Contract, (iv) references to “Section,”
“clause,” “Schedule,” Annexure,” “Exhibit,” or “Appendix” are to this Contract, (v) the
words “include” or “including” shall be deemed to be followed by “without limitation” or
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“but not limited to” whether or not they are followed by such phrases or words of like
import, (vi) references to any statute or statutory provision shall be construed as a
reference to the same as it may have been, or may from time to time be, amended,
modified or re-enacted and (vii) references to “this Contract” or “the Contract” or any
other agreement or document shall be construed as a reference to such agreement or
document as amended, modified or supplemented in accordance with the terms hereof
and in effect from time to time and shall include a reference to any document which
amends, modifies or supplements it, or is entered into, made or given pursuant to or in
accordance with its terms.
Where the nature of a Contract term is such that the aspect mentioned therein shall
happen even after the completion of all contractual obligations or after the termination
of the Contract, such Contract terms shall survive the Contract / termination, whether
specifically mentioned or not.
3.0 TIME SCHEDULE
3.1 Time Schedule for completion
The time of completion for all the items in the scope of the Contractor shall be as per
Special Terms & Conditions. The detailed schedule (bar chart) for various items /
activities shall be discussed & agreed during the Contract stage, which shall be
sequential and to suit the Purchaser’s erection / overall completion schedule.
3.2 Time schedule for feedback data, drawings and documents
A detailed drawing list (where applicable) with schedule of submission shall be
furnished by the Contractor during Contract stage for Purchaser’s approval. The
drawing submission schedule shall be to suit the above time schedule and Purchaser’s
erection schedule.
3.3 Liquidated Damages for non-fulfillment of Time Schedule
3.3.1 The time stipulated in the Contract shall be deemed to be the essence of the
Contract. In case the Contractor fails to adhere to the time specified in the contract,
then Liquidated Damages may be claimed by the Purchaser, as per Special Terms
& Conditions. The Purchaser may without prejudice to any method of recovery
deduct the amount for such damages from any amount due.
3.3.2 In case of any delay beyond the ceiling fixed in the Special Terms & Conditions,
Purchaser has the right to reject the Plant / equipment or terminate the Contract and
replace / order the entire plant / equipment at the risk and cost of the Contractor.
3.3.3 Payment of Liquidated Damages shall in no way relieve the Contractor from his
contractual obligations to complete the Works.
3.3.4 Purchaser may recover the Liquidated Damages payable by the Contractor from any
amounts due to him or which may subsequently become due to him under this or any
other Contract.
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3.4 Progress Monitoring
3.4.1 The Contractor shall appoint a Project Manager (PM) on or before the effective
date of Contract for overall co-ordination. The Bio data of the PM shall be furnished
to the Purchaser. The Purchaser shall inform the Contractor within 15 days of
receipt of Bio data, objections, if any and shall demand for a change in PM
assigning valid reasons.
3.4.2 In case of site activities, a Site Manager (SM) shall be appointed. All provisions as
per 3.4.1 are applicable for this clause also.
3.4.3 Within 7 days of the effective date of Contract, the Contractor shall submit to the
Purchaser a detailed organization chart showing the proposed organization
structure for the project, along with details of key personnel, both at office and at
site. The Purchaser shall inform the Contractor within 15 days of receipt these
details, objections, if any and shall demand for alteration assigning valid reasons.
3.4.4 These PM / SM and other key personnel shall not be removed from this Project
without the permission of Purchaser, unless the reason is resignation.
3.4.5 In the interest of the timely completion of the Project, the Purchaser may request
that the Contractor alter or modify the area of monitoring. The Contractor shall
furnish adequate information in the monthly progress reports in the format to be
mutually agreed upon between the Purchaser and Contractor. The Contractor shall
submit the requisite number of progress reports.
3.4.6 The Purchaser may call for monthly/fortnightly or more frequent meetings at
Purchaser’s premises to review the progress of each activity. In case the PM is not
able to attend the meeting, the Contractor shall depute some other authorised
representative.
3.4.7 The Contractor shall submit programme of execution both in the form of activities in
'Network' as well as quantitative programme in terms of month wise physical
targets for various disciplines of work. These shall be periodically updated
considering the progress of the Project.
3.4.8 On the first day of each calendar month following effectiveness of the Contract, ten
copies of a monthly progress report with exception report showing current status of
various activities including status of ordered/yet to be ordered items shall be
submitted by the Contractor to the Purchaser.
3.4.9 The monthly progress report to be submitted by the Contractor shall indicate
progress of activities against targeted dates and targeted quantities in Performa as
per the requirement of the Contract for maintaining consistency of reporting and for
maintaining database by, the Purchaser. Reasons for shortfalls, if any, shall be
clearly brought out and proposed remedial measures to arrest the delays shall be
indicated by the Contractor in the progress report, wherever applicable.
3.4.10 The Contractor shall submit progress photographs in requisite number of copies
every month relating to the progress and sequence of work of all major Site
activities. The Purchaser will arrange necessary permission for the same.
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3.4.11 The progress report shall also highlight inspection status. The Contractor shall
submit one copy of the inspection certificate duly signed by representatives
/authorized agencies after inspection along with each progress report.
3.4.12 In case of site work, manpower schedules area wise / skill wise for subsequent
month and status of the same for the previous month shall be submitted.
4.0 TERMS OF PAYMENT
4.1 Terms of Payment
4.1.1 Terms of Payment shall be as per Special Terms & Conditions.
4.2 Payment Method
4.2.1 The Purchaser shall release the initial advance payment to the Contractor within 30 days
of receipt of Bank Guarantees for advance payments and security deposit, provided the
bank guarantees are submitted by the Contractor within 15 days from the effective date of
the Contract.
4.2.2 Within 30 days of Effective Date, the Contractor shall furnish detailed billing and
dispatch / construction schedules for the purpose of claim of progress payments that will
be scrutinized and approved by the Purchaser. After such approval such schedules shall
form the basis for progress/interim payments. The detailed billing schedules shall be
based on critical path network linked milestones for the respective payment terms in
accordance with the terms of payment.
4.2.3 All payments to be released to the Contractor as indicated in this section shall be paid
only against submission of complete and correct invoices as prescribed and documents
by the Contractor duly certified by the Purchaser except as otherwise specified in the
Contract. Payment shall be released within 15 days after receipt of complete and correct
invoices / documents.
4.2.4 All the progress/interim payments mentioned above shall be made by the Purchaser
based on the satisfactory progress of work as agreed and as per approved billing and
dispatch / construction schedule. Payment against supply / progress work which are done
prior to the date mentioned in agreed schedule will be made only when the supply /
progress work is due to have been done, except where the advancement in date has
been specifically requested or agreed to by the Purchaser.
4.2.5 The Contractor or any subcontractor, as the case may be, shall supply a lien waiver in a
form reasonably acceptable to the Purchaser for any goods and materials in respect of
payments to be made pursuant to this Section.
4.2.6 Any statutory obligation related to site work / labour payment will be deducted from the
Contractor’s payment, if proof for having met the obligation has not been furnished by the
Contractor.
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4.2.7 All payments shall be released directly by the Purchaser to the Contractor or as
requested by the Contractor upon satisfaction of the conditions set forth in the Contract. If
as per provisions of Contract or as requested by the Contractor, any payments are made
directly by the Purchaser to the sub-contractors; such payments shall constitute a proper
discharge of Purchaser's obligations for such payments to the Contractor. The currencies
in which the payments have to be effected shall be as set forth in the Contract.
4.2.8 Payments shall be made through account payee cheques payable at Delhi.
4.2.9 All interim / progress payments shall be regarded as payments by way of advance against
the final payment only and not as payment for work actually completed or acceptance of
such work and shall not preclude rejection of defective, imperfect or incomplete work. It
will not be considered as an admission by the Purchaser of the due performance of the
Contract, or any part thereof by the Contractor nor shall it preclude, determine or affect in
any way the powers of the Purchaser under these conditions or in any other way vary or
affect the Contract.
4.2.10 Should the Contractor consider that he is entitled to an additional payment, due to a price
variation or otherwise, he shall forthwith give notice in writing to the Purchaser to that
effect. Such notice shall be given to the Purchaser containing full particulars and
justification of the additional claim. Irrespective of any provision in the Contract to the
contrary, the Contractor must intimate his intention to lodge claim on the Purchaser with
full details before the commencement of happening of the event, failing which, the
Contractor will lose his right to claim any compensation, reimbursement or damages or
refer the matter to arbitration. Purchaser will reject / approve / comment on such
additional claim within 21 days from the date of receipt of such claim.
4.2.11The initial advance payment and payment against Erection completion / Commissioning
Certificate / PG tests shall be respectively released at one point of time for the whole
Work/Unit.
4.3 Bank Guarantees
4.3.1 All Bank Guarantees for Indian Rupee payments shall be issued and be payable by
Nationalized banks or scheduled bank acceptable to the Purchaser.
4.3.2 The Contractor shall furnish to the Purchaser, Bank Guarantee in the prescribed
Performa and value towards Advance and Security Deposit in favour of the Purchaser.
The Security Deposit Bank Guarantee shall be for the time bound, due and faithful
performance of the Contract and shall remain binding notwithstanding such variations,
alterations or extensions of time as may be made, given, conceded or agreed to
between the Contractor and the Purchaser under this Contract or otherwise. The
Contractor shall ensure that the Advance Bank Guarantee remains valid till 30 days after
the completion of the Contract and Security Deposit Bank Guarantee remains valid and
effective until 60 days after the expiry of the warranty Period. In case of any amendment
to value of Contract, the security deposit value shall also be enhanced accordingly.
4.3.3 The security deposit furnished by the Contractor will be subject to the terms and
conditions of the Contract and the Purchaser will not be liable for payment for any
interest on the security deposit or depreciation thereof.
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4.3.4 The Security Deposit Bank Guarantee shall be released on application by the Contractor
within sixty (60) days after the expiry of the Guarantee Period and after the Contractor
has discharged all his obligations under the Contract and produced a "No Demand
Certificate" from the Purchaser. The Purchaser shall not unreasonably withhold the issue
of "No Demand Certificate" after receipt of request for the same.
4.3.5 The Purchaser reserves the right to en-cash Bank Guarantees if sufficiently convinced of
negligence and lack of dedication to the Work on the part of the Contractor.
5.0 GENERAL PROVISIONS
5.1 Amendment
5.1.1 Any amendment to the terms of this Contract (including Sections and Annexures) shall be
made in writing by both parties hereto and shall specifically state that it is an amendment
to this Contract.
5.2 Applicable Law
5.2.1 This Contract will be governed by the Indian Laws.
5.3 Arbitration
5.3.1 The venue of arbitration shall be Delhi and shall be governed by Indian Arbitration Laws.
5.3.2 In the event the parties are unable to resolve any dispute by mutual discussions, such
dispute shall be resolved in accordance with the following:
(a) Any Dispute arising out of or relating to this Contract or the interpretation hereof or with
respect to the breach, termination or invalidity hereof, shall be settled exclusively and
finally by arbitration. It is specifically understood and agreed that any Dispute which
cannot be resolved between the parties, including any matter relating to the
interpretation of this Contract, shall, upon election by any party, be submitted to
arbitration irrespective of the magnitude thereof or the amount in controversy. In any
such arbitration, any party shall be entitled to present positions and rely upon information
supplemental to or different from those relied upon for purposes of any attempted
resolution of a Dispute pursuant to Clause 5.3.
(b) The language to be used in the arbitration shall be the English language exclusively, and
any award shall be made in the English language.
(c) Any decision or award of the arbitral panel shall be final and binding upon the parties.
The parties hereto hereby waive any rights to appeal or to review of such award by any
court or panel. The parties hereto agree that the arbitral award may be enforced against
the parties to the arbitration proceeding or their assets wherever they may be found and
that a judgment upon the arbitral award may be entered in any court having jurisdiction.
(d) Contractor shall appoint one arbitrator, Purchaser shall appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitral panel. If
one party fails to appoint its arbitrator within 15 days after the other party has appointed
its arbitrator, the party which has named an arbitrator may under the relevant provisions
of the Arbitration and Conciliation Act, 1996 seek to appoint a sole arbitrator for the
matter in dispute, and the arbitrator appointed pursuant to such application shall be the
sole arbitrator for that dispute. If the arbitrators named by the parties do not succeed in
appointing a third arbitrator within 30 days after the latter of the two arbitrators named by
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the parties has been appointed, the third arbitrator shall, at the request of either party, be
as per the provisions of the Arbitration and Conciliation Act, 1996. If for any reason an
arbitrator is unable to perform his function, a substitute shall be appointed in the same
manner as the original arbitrator.
5.3.3 Work under the contract shall be continued by the Contractor during the arbitration
proceedings unless otherwise directed in writing by the Purchaser or unless the matter is
such that the works cannot possibly be continued until the decision of the arbitrators or
of the arbitrator, as the case may be, is obtained and save as those, which are otherwise
expressly provided in the Contract, no payment due or payable by the Purchaser shall
be withheld on arbitration proceeding unless it is the subject matter or one of the subject
matters thereof or the party may do so in accordance with the terms of this Contract.
5.3.4 Any notice of arbitration shall be given by the party requesting arbitration to the other
party within 90 days of occurrence of such event, otherwise it shall be deemed to have
accepted the decision / direction given by the other party
5.4 Assignment
5.4.1 The Contractor shall not assign its rights and obligations under the terms of this Contract
to any party person without the written consent of the Purchaser.
5.5 Compliance with Laws and Regulations
5.5.1 The Work shall be designed by the Contractors to suit the climatic, geological,
hydrological, hydro geological, seismological and soil conditions of the Site. Measures
shall be taken by the Contractors against corrosion/erosion, ground water, storm surge,
floods, cyclones, wind speeds and all other Site conditions.
5.5.2 The Contractor shall, throughout the performance of this Contract comply with all laws,
rules, regulations and statutory requirements of Government of India, State Government
and other statutory bodies as far as such bodies have jurisdiction over the Work or any
part of the Site, as applicable.
5.5.3 If any new statutory regulation or law or modification of the existing regulation or law
comes into force subsequent to the Effective Date of Contract, the Contractor shall comply
with the same. However, if it calls for any modification of the design/equipment with
financial implication, the same shall be discussed between the Contractor and Purchaser
and mutually agreed.
5.6 Construction of Contract
5.6.1 The Sections and terms and conditions herein contained including annexures shall
construe the entire contract and understanding between the parties and shall supersede
all other communication which were made prior to the signature of the Contract, whether
written or oral between the parties hereto with respect to the subject matter hereof.
5.7 Errors and Omissions
5.7.1 The Contractor shall be responsible for all discrepancies, errors and omissions in the
drawings, documents or other information submitted by him, irrespective of whether these
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have been approved, reviewed or otherwise accepted by the Purchaser or not. However
any error in design/drawing arising out of any incorrect data/written information from
Purchaser will not be considered as error and omissions on part of the Contractor.
5.7.2 The Contractor shall take all corrective measures arising out of discrepancies, errors and
omissions in drawings and other information within the time schedule and without extra
cost to the Purchaser.
5.7.3 The Contractor shall also be responsible for any delay and/or extra cost if any, in carrying
out engineering, and site works by other agencies arising out of discrepancies, errors and
omissions stated in paras 5.7.1 as well as of any late revision/s of drawings and
information submitted by the Contractor.
5.8 Force Majeure
5.8.1 Force Majeure applies if the performance by either Party ("the Affected Party") of its
obligations under this Contract is materially and adversely affected.
5.8.2 “Force Majeure” shall mean any event or circumstance or combination of events or
circumstances referred below and their consequences that wholly or partly prevents or
unavoidably delays any Party in the performance of its obligations under this Agreement,
but only and to the extent that such events and circumstances are not within the
reasonable control, directly or indirectly, of the Affected Party and could not have been
avoided if the Affected Party had taken reasonable care:
(i) Act of war (whether declared or undeclared), invasion, armed conflict or act of
foreign enemy, embargo, blockade, revolution, riot, bombs, religious strife or civil
commotion, etc.
(ii) Politically motivated sabotage, or terrorism, etc.;
(iii)Strikes, lock-outs or other industrial action or labour disputes at the District or State
level which are not primarily motivated by the desire to influence the action of an
enterprise so as to preserve or improve conditions of employment;
(iv) Any change or interpretation in Law by GOI after the date of agreement to the extent
it prevents or delays a Party’s performance under this Agreement, except to the
extent that they constitute remedies or sanctions, lawfully exercised by State
Competent Authority as a result of any breach of Indian law or any Directive by the
Company, its contractors, servants or agents, any act of state or other exercise of
an executive prerogative by Government, Board, any State Competent Authority
(including expropriation or compulsory acquisition) but excluding Change in Law;
(v) any government agency’s delay, denial or refusal to grant or renew, or any
revocation of any required permit, license, approval or authorization, including
Governmental authorizations, provided that such action or inaction did not result
from any of the concerned party’s non compliance with any applicable law (other
than mentioned in (iv) above);
(vi) Termination of statutory clearance required for the project, which may result into
stalling of the project.
(vii) Explosions, serious / major accidents, chemical or radio active contamination
(other than resulting from an act of war, terrorism or sabotage), etc., caused by a
person not being the Affected Party or one of its contractors or subcontractors or
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any of their respective employees or agents, and not being due to inherent defects
of the affected facility or the failure to properly operate the affected facility;
(viii) Lightning, earthquake, tempest, cyclone, hurricane, whirlwind, storm, flood, etc.;
(ix) Epidemic or plague, etc.
(x) Loss of or damage to marine cargo in the course of marine, etc., occurring prior to
Entry into Commercial Operation;
(xi) Any act of God;
5.8.3 Time being the essence of the Contract, if either party is prevented from the performance
of its obligations in whole or in part due to an event of Force Majeure, then provided Notice
of happening of any event by the Affected Party is given to the other party within seven (7)
days from the date of occurrence of such event, the Affected Party’s performance under
this Contract shall be suspended until such event ceases and the Scheduled Completion
shall be delayed accordingly.
5.8.4 If Force Majeure event(s) continue for a period of more than three months, the parties
shall hold consultation to discuss the further course of action.
5.8.5 Neither party shall be considered to be in default or in breach of its obligation under the
Contract to the extent that performance of such obligation by either party is prevented by
any circumstances of Force Majeure which arise after effective date of Contract.
5.8.6 Neither party can claim any compensation from the other party on account of Force
Majeure.
5.9 Indemnity
5.9.1 The Contractor shall at all times indemnify, keep indemnified and hold harmless the
Purchaser and its officers, directors, employees, affiliates, agents, successors and assigns
against all actions, claims, demands, costs, charges and expenses arising from or incurred
by reason of any infringement of patent, trade mark, registered design, copy rights and/or
industrial property rights by manufacture, sale or use of the equipment supplied by the
Contractor whether or not the Purchaser is held liable for by any court judgement. In this
connection, the Purchaser shall pass on all claims made against him to the Contractor for
settlement.
5.9.2 The Contractor assumes responsibility for and shall indemnify and save harmless the
Purchaser from all liability, claims, costs, expenses, taxes and assessments including
penalties, punitive damages, attorney's fees and court costs which are or may be required
to be paid by the Purchaser and its officers, directors, employees, affiliates, agents,
successors and assigns arising from any breach of the Contractor’s obligations under the
Contract or for which the Contractor has assumed responsibilities under the Contract
including those imposed under any local or national law or laws, or in respect to all
salaries, wages or other compensation for all persons employed by the Contractor or his
Sub-Contractors or suppliers in connection with the performance of any work covered by
the Contract. The Contractor shall execute, deliver and shall cause his Sub-Contractor
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and suppliers to execute and deliver, such other further instruments and to comply with all
the requirements of such laws and regulation as may be necessary there under to conform
and effectuate the Contract and to protect the Purchaser.
5.9.3 The Purchaser shall not be held responsible for any accident or damages incurred or
claims arising, due to the Contractor’s error there from prior to completion of work. The
Contractor shall be liable for such accidents and after completion of work for such
accidents as the case may be due to negligence on his part to carry out Work in
accordance with Indian laws and regulations and the specifications set forth herein.
5.10 Language
5.10.1 All documents, instructions, catalogues, brochures, pamphlets, design data, norms and
calculations, drawings, operation, maintenance and safety manuals, reports, labels, on
deliveries and any other data shall be in English Language.
5.10.2 The Contract documents and all correspondence between the Purchaser, consultants
and the Contractor shall be in English language.
5.10.3 However, all signboards required indicating "Danger" and/or security at site and
otherwise statutory required shall be in English, Hindi, and local languages.
5.11 Liability
5.11.1 No director, officer, agent, representative, official or employee of the Purchaser shall in
any way be personally bound or liable for the acts or obligations of the Purchaser under
the contract or answerable for any default or omission in the observance or performance
of any of the acts, matters or things or conditions which are herein contained.
5.11.2 The rights and obligations of the parties are finally and conclusively defined in this
Contract. Neither the Purchaser nor the Contractor shall be entitled to claim indirect,
remote or consequential damages such as loss of production, loss of profit, loss of use
or otherwise with respect to or in connection with this Contract.
5.11.3 If the Contractor is a joint venture or consortium; all concerned parties shall be jointly
and severally bound to the Purchaser for the fulfillment of the provisions of the Contract.
The consortium or the joint venture shall designate one party as their leader, who will be
the coordinator between the parties and the Purchaser. The constituents & leader of the
consortium or joint venture shall not be changed without the prior consent of the
Purchaser.
5.12 Liens, Mortgages and Encumbrances
5.12.1 The Contractor shall not create any lien, mortgage or encumbrance of any kind on the
equipment / services provided which will prevent the Contractor from performing his
obligations.
5.13 Liquidation, Death, Bankruptcy etc.
5.13.1 If the Contractor shall either voluntarily or forcibly, dissolve or become bankrupt or
insolvent or cause or suffer any receiver to be appointed on his business or any assets
Page 26

thereof or compound with its creditors, or being a corporation commence to be wound
up, not being a member’s, winding up for the purpose of amalgamation or
reconstruction, or carry on its business under a receiver for the benefits of its creditors or
dissolve or die, the Purchaser shall be at liberty
a) to terminate the Contract forthwith upon coming to know of the happening of any
such event as aforesaid by notice in writing to the Contractor or to the receiver or
liquidator or to any person in whom the Contract may become vested to, or
b) to give such receiver, liquidator or other person the option of carrying out the
Contract subject to his providing a guarantee up to an amount to be agreed for
the due and faithful performance of the Contract.
5.14 Notices
5.14.1 All notices under this Contract shall be given in writing and shall be deemed sufficiently
given when delivered either in person or by telegram, telex, fax, email, courier or by
registered mail addressed to the other party at its address set forth below
If to the Purchaser, at:
North Delhi Power Limited,
Grid Substation Building, Hudson Lines
Kingsway Camp, Delhi – 110 009
If to the Contractor, at: ___________________________
5.14.2 If any such notice is delivered by hand, the issuing party shall have it duly acknowledged
and if given by telegram, telex / fax it shall be confirmed by Registered Letter / courier
within two days of the date of such notice. Either party shall by notice in writing inform
the other party of any change of its address as stated under 5.14.1 for receiving such
notices, 10 days in advance.
5.14.3 Date of notices under Clause-5.14.1 shall be the date of dispatch of such notice by the
issuing party in case of E-mail / fax and 5 days from the date of dispatch of such notice
by the issuing party in case of registered letter and courier.
5.15 Performance of Contract
5.15.1 The Contractor shall be responsible for the due and faithful performance of the Contract
in all respects according to the drawings, specifications, particulars and all other
documents referred to in this Contract. Any approval which the Purchaser/Consultant
may have given in respect of the stores, materials, supplies or other particulars and the
work or the workmanship involved in the Contract (whether with or without test carried
out by the Contractor or the Purchaser) shall not relieve the Contractor from his
obligations and notwithstanding any approval or acceptance given by the
Purchaser/Consultant, it shall be lawful for the Purchaser to reject the material, if it is
found that the materials supplied and/or erection and/or construction work carried out by
the Contractor are not in conformity with the terms and conditions of the Contract.
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5.15.2 The Contractor shall cooperate with the Purchaser's other contractors, if any, for any
associated plant and freely exchange all relevant technical information with them to
obtain the most efficient and economical design and to avoid unnecessary duplication of
equipment. The Contractor shall also co-ordinate with other contractors for any interface
activity at his battery limits. No remuneration shall be claimed from the Purchaser for
such technical co-operation.
5.16 Rejection of Defective Plant
5.16.1 If the completed Plant, or any portion thereof, before Final Take Over, is found to be
defective or fails to fulfill the requirements of the Contract, the Purchaser shall give the
Contractor notice setting forth particular of such defects or failure and the Contractor
shall forthwith make the defective plant good, or alter the same to make it comply with
the requirements of the Contract. Should he fail to do so within a period of time as
deemed reasonable by the Purchaser and stated in the said notice, the Purchaser may
reject and replace at the risk and cost of the Contractor, the whole or any portion of the
plant, as the case may be, which is defective or fails to fulfill the requirements of the
Contract. However, such rejection/replacement by the Purchaser shall not absolve the
Contractor of any of his responsibilities under this Contract.
5.16.2 In the event of such rejection, the Purchaser shall be entitled to the use of the plant in a
reasonable and proper manner for a time reasonably sufficient to enable him to obtain
other replacement plant.
5.17 Secrecy, Titles
5.17.1 All maps, plans, drawings, specifications, schemes and other documents or information
related to the Project and the subject matter contained therein and all other information
given to the Contractor by the Purchaser in connection with the performance of the Work
shall be held confidential by the Contractor and shall remain the property of the
Purchaser and shall not be used or disclosed to third parties by the Contractor for any
purpose other than for which they have been supplied or prepared. The Contractor may
disclose to third parties, upon execution of confidentiality agreements, such part of the
drawings, specifications or information if such disclosure is necessary for the
performance of the Work provided such third parties agree in writing to keep such
information confidential to the same extent and degree as provided herein, for the
benefit of the Purchaser.
5.17.2 Maps, layouts and photographs of the unit/plant including its surrounding regions
showing vital installation for national security of Purchaser's country shall not be
published or disclosed to the third parties or taken out of the country without prior written
approval of the Purchaser and upon execution of confidentiality agreements satisfactory
to the Purchaser with such third parties prior to disclosure.
5.17.3 Title to secret processes if any developed by the Contractor on an exclusive basis and
employed in the design of the equipment shall remain with the Contractor. The
Purchaser shall hold in confidence such processes and shall not disclose such
processes to the third parties without prior approval of the Contractor and execution by
such third parties of secrecy agreements satisfactory to the Contractor prior to
disclosure. Upon completion such processes shall become the property of the Purchaser
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5.17.4 Subject to Para 5.17.3, title to technical specifications, drawings, flow sheets, norms,
calculations, diagrams, interpretations of test results, schematics, layouts and such other
information, which the Contractor has supplied to the Purchaser under the Contract shall
be passed on to the Purchaser. The Purchaser shall have the right to use these for
construction, erection, start-up, Trial Run, operation, maintenance, modifications and/or
expansion of the works including for the manufacture of spare parts.
5.17.5 The provision of para 5.17.1 to 5.17.3 shall not apply to information:
• Which at the time of disclosure are in the public domain or which later on become part of
public domain through no fault of the party concerned, or
• Which were in the possession of the party concerned prior to disclosure to him by the
other party, or
• Which were received by the party concerned after the time of disclosure without
restriction on disclosure or use, from a third party who did not acquire such information
directly or indirectly from the other party or has no obligation of confidentiality for such
information
5.18 Statutory and other Regulations
5.18.1 The Contractor shall comply with all the statutory obligation of Government of India and
State applicable at the Site and the Purchaser shall not be liable for any action of the
statutes applicable due to non-fulfillment of statutory obligations by the Contractor.
5.18.2 The Contractor shall give all notices and pay all fees required to be given or paid under
any Central or State statute, ordinance or other law or any regulation or by-law of any
local or other duly constituted authority in relation to the execution of the Work.
5.18.3 The Contractor shall conform and comply in all respects with the provisions of any
statute, ordinance or laws as aforesaid and the rules, regulations or by-laws of any local
or other duly constituted authority which may be applicable to the works or to any
temporary works and with such rules and regulations of public bodies as aforesaid and
shall indemnify the Purchaser against all penalties and liabilities of every kind for breach
of any such statute, ordinance, law, rule, regulation or by-law.
5.18.4 The Contractor must perform the work so that it meets the requirements of the project
and applicable design, construction and other standards of Indian Electricity Rules,
Electricity Acts of Central and State Governments and good modern International
& Indian engineering principles and practices, which are defined as those practices,
methods, and equipment, in effect at the time of performance of the work that are
commonly used in electrical utility engineering.
5.18.5 The Contractor shall design and construct the Project so that it meets all the noise
requirements of local, state and central Government laws. It is the Contractors
responsibility to assure that the final design of the Project meets all requirements.
5.19 Sub-Contracts
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5.19.1The Contractor shall not sub-contract the Work in whole to third parties for the
performance of this Contract.
5.19.2 The Contractor may sub-contract a portion of the Contract Work to third parties with the
prior written approval of the Purchaser. In this respect the Contractor shall follow the
recommended suppliers list of the Purchaser, forming part of the Technical Specification.
5.19.3 The Contractor shall furnish all particulars about the proposed sub-contractors and the
details of the work to the Purchaser while seeking approval for additional vendors. The
Purchaser shall give approval or shall refuse approval in writing within thirty (30) days of
receipt of such request.
5.19.4 Bought-out items, critical components, proprietary items and equipment manufactured
and supplied by specialized manufacturers, which the Contractor intends to incorporate
in the Contract Work, shall also come within the purview of the provision under Clause-
5.19.2.
5.19.5 The approval extended by the Purchaser to sub-contractors recommended by the
Contractor shall not discharge the later from his Contract obligations. The Contractor
shall remain jointly and severally liable for any action, deficiency, and/or negligence on
the part of his sub-contractors/sub-suppliers.
5.19.6 The Contractor shall submit to the Purchaser unpriced copies of purchase orders with
technical specifications included in all orders covered under Clause 5.19.2 placed on
sub contractors/sub-suppliers as soon as the respective orders have been placed by the
Contractor.
5.19.7 In the event certain obligations extended by a sub-contractor to the Contractor should
extend beyond the Guarantee period specified in the Contract, the Purchaser shall
automatically be entitled to the benefit thereof.
5.19.8 In no event shall the Purchaser be deemed to have any contractual obligations
whatsoever in respect of Contractor's/ sub-contractors and/or title-holders of any sub-
orders placed by the Contractor.
5.20 Termination and Suspension
5.20.1 If the Contractor shall neglect to execute work with due diligence or expedition or shall
refuse or neglect to comply with any reasonable order given to him in writing by the
Purchaser in connection with the work or shall contravene the provisions of Contract or
in the judgement of the Purchaser, has engaged in corrupt or fraudulent practices during
bidding or execution stage leading to losses to Purchaser, the Purchaser may give
notice in writing to the Contractor calling upon him to make good the failure, neglect or
contravention complied of within such time as may be deemed reasonable by the
Purchaser and in default of compliance with the said notice, the Purchaser may either
(i) Rescind or cancel the Contract holding the Contractor fully liable for the damages
that the Purchaser may sustain. In such a case, the Contractor shall refund all
amounts paid to him by the Purchaser for all such work, which may become
infructuous due to such cancellation or
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(ii) Take the affected work wholly or in part out of the Contractor’s hands and may
complete the work, as envisaged in the Contract either departmentally or by
awarding fresh Contract(s) at a reasonable price to another persons or firm or
company to execute the same, at the risk and cost of the Contractor.
5.20.2 In such event the Purchaser shall, without being responsible to the Contractor for fair
wear and tear to the same, be entitled to seize and take possession and have free use
of all materials, construction equipment, tools, tackles and other things of the Contractor
which may be on the site for use at anytime in connection with the work to the exclusion
of any right of the Contractor over the same and the Purchaser shall be entitled to retain
and apply any sum which may otherwise be then due as per the Contract or any other
contract from him to the Contractor as may be necessary for the payment of the cost of
execution of such work as aforesaid.
5.20.3 If the cost of executing the work as aforesaid shall exceed the sum due to the Contractor
and the Contractor fails to make good the deficit, the said materials, tools, tackles,
construction plant or other things and properties of the Contractor as may not have been
used up in the completion of the work, may be sold by the Purchaser and proceeds
applied towards the payment of such difference and the cost of and incidental to such
sale. Any outstanding balance existing after crediting the proceeds of such sale shall be
paid by the Contractor on the demand of the Purchaser, but when all expenses, cost and
charges incurred in the completion of the work are paid by the Contractor, all such
materials, tools, tackle, construction plant or other things not used in the completion of
the work and remaining unsold shall be removed by the Contractor at its own cost with
the written permission of the Purchaser only.
5.20.4 The Purchaser reserves the right to terminate this Contract at any time without cause by
giving a notice of not less than one month. The Contractor shall stop the performance of
the Contract from the effective date of termination and hand over all the drawings,
documents, plant, equipment, supplies, material etc. including all the rights of work to the
Purchaser. The Purchaser shall pay to the Contractor compensation to cover the value
of all supplies made and all construction work done at site, as applicable under this
contract but not paid for.
5.20.5 The Purchaser may suspend the work in whole or in part at any time by giving
Contractor notice in writing to such effect stating the nature, the date and the anticipated
duration of such suspension. However if any such suspension affects the project
completion schedule, the same shall be extended by the number of days the works
remain affected by such suspension.
5.20.6 On receiving the notice of suspension as per clause- 5.20.5, the Contractor shall stop all
such work, which the Purchaser has directed to suspend with immediate effect. The
Contractor shall continue to perform other work in terms of the Contract, which the
Purchaser has not suspended.
5.20.7 The Purchaser may at anytime cancel the suspension notice for all or any part of
suspended work by giving written notice to the Contractor specifying the part of work to
be resumed and the effective date of suspension withdrawal. The Contractor shall
resume the suspended work as expeditiously as possible after receipt of such
withdrawal of suspension notice.
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5.20.8 In the event of suspension of work the Purchaser will not be liable to the Contractor for
any damage or loss or idle labour caused by such period of suspension of work. The
Purchaser shall not be liable to Contractor for any payment towards watch and ward and
any other expenditure.
5.20.9 In the case of any suspension of the entire work by the Purchaser under this Contract,
the performance date, Completion Date and the Initial Synchronisation Date shall be
extended by a period equal to the suspension period, and the progress schedule shall
be adjusted by Purchaser, in consultation with Contractor, to account for same.
5.21 Termination of Services of Contractor's Personnel
5.21.1 In the event any of the Contractor or his sub-contractors, personnel, agents, sub-agents,
assistants, or other employees shall be guilty of any misconduct or be incompetent or
insufficiently qualified or negligent in the performance of their duties or it is undesirable
for any administrative reasons for such person to be employed, the Contractor, if so
directed, shall immediately remove' such person or persons from employment for this
project thereon. Any person or persons so removed shall not again be employed in
connection with this Contract without the written permission of the Purchaser. Any
person so removed shall immediately be replaced by a qualified and competent
substitute at the Contractor's cost and expenses. Should the Contractor be requested to
repatriate any person he shall do so and shall bear all costs and charges in connection
therewith.
5.22 Transfer of Titles
5.22.1 Supplies: The title of ownership and property to all equipments, materials drawings &
documents shall pass to the Purchaser as per the terms and conditions of this contract.
5.22.3 However, such passing of title of ownership and property to the Purchaser shall not in
any way absolve, dilute or diminish the responsibility and obligations of the Contractor
under this Contract including loss or damages and all risks, which shall vest with the
Contractor.
5.23 Type, Quality of Materials and Workmanship
5.23.1 The Contractor shall be deemed to have carefully examined and to have knowledge of
the equipment, the general and other conditions, specifications, schedules, drawings,
etc. forming part of the Contract and also to have satisfied himself as to the nature and
character of the work to be executed and the type of the equipment and duties required
including wherever necessary of the site conditions and relevant matters and details.
Any information thus procured or otherwise obtained from Purchaser/Consultants shall
not in any way relieve the Contractor from his responsibility and executing the works in
accordance with the terms of contract.
5.23.2 The items / works under the scope of the Contractor shall be of the best quality and
workmanship according to the latest engineering practice and shall be manufactured
from materials of best quality considering strength and durability for their best
performance and, in any case, in accordance with the specifications set forth in this
Contract. All material shall be new. Substitution of specified material or variation from
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the method of fabrication may be permitted but only with the prior written approval of the
Purchaser.
5.23.3 The Contractor shall procure and/or fabricate all materials and equipment in accordance
with all requirements of Central and State enactment, rules and regulations governing
such work in India and at site. This shall not be construed as relieving the Contractor
from complying with any requirement of Purchaser as enumerated in the Contract which
may be more rigid than and not contrary to the above mentioned rules, nor providing
such construction as may be required by the above mentioned rules and regulations. In
case of variance of the Technical Specification from the laws, ordinance, rules and
regulations governing the work, the Contractor shall immediately notify the same to the
Purchaser. It is the sole responsibility of the Contractor, however, to determine that such
variance exists. Wherever required by rules and regulations, the Contractor shall also
obtain the statutory authorities' approval for the plant, machinery and equipment to be
supplied by the Contractor.
5.23.4 The Contractor shall follow all codes and standards referred in the Contract and the
documents related thereto. Codes and standards of other countries may be followed by
the Contractor with the prior written approval of Purchaser, provided materials, supplies
and equipment according to the standard are equal to or better than the corresponding
standards specified in the Contract.
5.23.5 Brand names mentioned in the Contract documents are for the purpose of establishing
the type and quality of products to be used. The Contractor shall not change the brand
name and qualities of the bought out items without the prior written approval of the
Purchaser. All such products and equipment shall be used or installed in strict
accordance with original manufacturer's recommendations, unless otherwise directed by
the Purchaser.
5.24 Validity
5.24.1 The validity of the Contract shall not be affected, should one or more of its stipulations
be or become legally invalid and such stipulation is severable from and not fundamental
to the obligations of either party to this Contract. In such a case, the parties shall
negotiate in good faith to replace the invalid clause by an agreed stipulation which is in
accordance with the applicable law and which shall be as close as possible to the
Contract’s original intent.
5.25 Waiver
5.25.1 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.
5.25.2 Non-enforcement or delay in enforcing by either party of any of the provisions of this
Contract shall not operate or constitute as a waiver of the provision itself or any
subsequent breach thereof.
5.26 Warranty
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5.26.1 The Contractor warrants that the Work shall be new and of most modern design based
on best engineering practices and employing up to date, proven and established
international technology and shall be suitable for tropical conditions and shall be of top
international standards
5.26.2 For a period as mentioned in Special Terms & Conditions, the Contractor shall be
liable to replace any parts that may fail or show signs of defects in the works done by
the Contractor under this Contract, or from any act or omission of the contractors.
Normal wear and tear after erection will be excluded from this obligation.
5.26.3 Any additional warranties provided by subcontractors of Contractor shall be passed on to
the Purchaser. Over and above this, any additional warranty is available on chargeable
basis from Contractor’s subcontractors, the same shall be notified to the Purchaser.
Purchaser may at his option, purchase the additional warranties & guarantees either
by amendment to Contract or directly from the subcontractor.
5.26.4 If during the Warranty period, some parts of the supplies are replaced owing to the
defects/ damages under the Warranty, the Warranty period for such replaced parts
shall be until the expiry of twelve months from the date of such replacement or renewal
or until the end of the warranty period, whichever may be later.
5.26.5 Upon detection of defects either by the Purchaser or by the Contractor and/or notification
thereof in writing to the Contractor by the Purchaser, the Contractor shall immediately
take appropriate or efficient measures to remove the defects at his cost by repair or
replacement as may be approved by the Purchaser.
5.26.6 If any defect be not satisfactorily remedied within a reasonable time, the Purchaser may
proceed to do the work at the Contractors risk and expense but without prejudice to
any other contractual rights which the Purchaser may have against the Contractor in
respect of any such defects.
5.26.7 If the Contractor does not commence the rectification either by repair or replacement of
such defects within fifteen (15) days from the date of notice by the Purchaser or does
not complete the said rectification with reasonable diligence and within a reasonable
time, the Purchaser may, at his option, rectify the defects at the Contractor's expense.
The Purchaser may, in such a case, deduct from payment due, if any to the Contractor
the expenses incurred by the Purchaser for remedy of such defects without prejudice
to the other rights of the Purchaser under this Contract.
5.26.8 In the case of defective parts not repairable at site but essential in the mean time for the
commercial use of the plant, the Contractor shall replace at site free of cost to the
Purchaser the said defective parts, before the defective parts are removed to his
works. If the spare parts are available with the Purchaser, the Contractor may be
allowed to use the same in replacing the defective parts, provided that the Contractor
undertake to replace such parts within the shortest possible time thereafter as may be
required by the Purchaser.
5.26.9 Where it is established that a defect in component is occasioned by a faulty design,
the Contractor shall replace all identical components furnished within the compass of
the Contract with components based on corrected design to perform the same
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functions in the same conditions, even though such components may not have given
rise to any failure.
5.26.10 All repaired / replaced parts / equipments shall be subjected to inspection & tests as
per approved Quality assurance plan and inspection & test procedure mentioned
elsewhere In the Contract.
5.26.11 If during the period of Warranty the entire Plant should be unavailable for reasons
ascribable to the Contractor or for performing a design modification to better adapt the
facility of technological progress, the period of Warranty covering the entire works shall
be extended by all of the period of unavailability of the plant.
5.26.12 The defective or replaced parts shall be returned to the Contractor upon request and at
his cost.
5.26.13 If the Contractor on account of the defects repairs and/or replaces certain items by
changing the design or materials, with prior approval of the Purchaser such change
shall not, in any way, reduce the performance guarantees of the plant as mentioned
elsewhere in the Contract.
5.26.14 If any drawings/documents supplied by the Contractor are found to be incorrect or
incomplete within the life of the project, the Contractor shall correct or complete such
drawings/documents at his cost within the shortest possible time. Contractor shall
continue to update and revise the Operating manual (if supplied) till the end of the
warranty period, as required, to reflect any changes made by Contractor in operating
or maintenance procedures, the final ‘as built’ configuration of the plant, improvement
in the original manual or Contractor’s implementation of revisions required by the
Purchaser.
5.26.15 The spare parts (where supplied) shall be packed by the Contractor in such a manner,
so as to not to require any reconservation by the Purchaser within the warranty period.
5.26.16 Notwithstanding the above, the Contractor is liable for any inherent defects in the
supplies / services provided by the Contractor, for the design life of the equipment.
5.26.17 The issue of acceptance certificate/ inspection certificate/ approval by the
Purchaser/Consultant shall in no way relieve the Contractor from the provisions of
Warranty clause 5.26.
6. PARTICIPATION OF PURCHASER’S ENGINEERS
6.1 For basic design and detail engineering of Plant and Equipment carried out by Contractor /
Subcontractors, Purchaser reserves the right to depute his / Consultants' engineers
hereafter called Purchaser’s Engineers, to participate in this work.
6.2 The participation assignment, number of Purchaser’s engineers, their technical disciplines
and the period of participation shall be mutually agreed.
6.3 The Contractor shall provide all opportunities and information to Purchaser’s engineers to
get acquainted with the technical know-how and the methods and practices adopted by the
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Contractor in basic and detail engineering. The Contractor shall provide documents,
drawings, calculations etc. as may be required by Purchaser’s Engineers.
6.4 The Contractor shall provide free of charge office accommodation, office facilities,
secretarial services, communication facilities, general and drawing office stationary, etc. as
may be reasonably required by the Purchaser’s engineers. Similarly, facilities shall also be
provided by Contractor's sub-contractors, if such basic and detail engineering activities are
carried out in the design offices of sub-contractors.
6.5 At all times the Purchaser’s Engineers shall remain employees of the Purchaser or
Consultant as the case may be.
6.6 The Purchaser shall bear all costs relating to airfares, local travel, residential
accommodation and subsistence in respect of Purchaser’s engineers.
7. PROCUREMENT / SUPPLIES
7.1 Maximization of Indian Supplies and Services
The Contractor shall make all efforts to maximize the supplies and services from Indian
sources, except for those items for which imported items are specifically agreed to.
7.2 Customs Clearance
Customs Clearance, if any, of imported equipment shall be the sole responsibility of the
Contractor and no documentation shall be provided by the Purchaser in this regard. All
costs and expenses including port rent, demurrage, and wharfage charges are deemed to
be included in the Contract Price.
7.3 Shipping Documents for material consigned to site as specified in the Special
Conditions of Contract
The Contractor shall arrange to dispatch the following documents to the Purchaser:
a) One (1) Original and three (3) photo copies of the clean transporter’s (rail, truck,
etc.) receipt.
b) One (1) Original and three (3) photo copies of Contractor's signed invoice (excise /
commercial as applicable) along with sub-supplier's invoice, if any (applicable for
bought out items)
c) Four (4) copies of challan and packing list.
d) One copy of Purchaser's certificate accepting shipment
e) One copy of inspection certificate or waiver certificate issued by the
Purchaser/his authorised representative.
f) Four (4) copies of certificate from the Contractor to the effect that the contents in
each case are not less than that entered in the invoices and packing.
g) Four (4) copies of warranty / guarantee certificates.
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h) A declaration by the Contractor/ Manufacturer that the spares supplied shall fit in
the main equipment supplied (if spares are supplied)
i) A declaration that Excise invoice (transporter's copy) has been handed over to the
transporter.
The Contractor shall ensure that the above documents are received by the Purchaser at
least 3 days before the receipt of materials at place of arrival.
7.4 Details of Consignee and other formalities will be issued after effective date of Contract.
7.5 Whether the spares are ordered along with main equipment or not, the Contractor shall
undertake to supply operating and maintenance spares at reasonable price and reasonable
delivery period (ex-stock in case of consumable spares) at any time later during the life of
the Plant on request from the Purchaser. In case during the life of the Plant, any spare(s)
becomes obsolete or goes out of OEM’s production programme, the Contractor through its
manufacturer shall serve prior written notice of not less than twelve (12) months to the
Purchaser to that effect and furnish detailed manufacturing drawings to the Purchaser for
such spares, if not already furnished. Contractor shall also ensure that the Purchaser is in a
position to procure such spares in sufficient quantities at reasonable prices before these
become obsolete or go out of production programme as stated above.
8. INSPECTION AND TESTING
8.1 The Purchaser or his authorized agent shall have the right of inspection and testing the
contract work or any part thereof at any stage during the manufacture and the Contractor
on demand from the Purchaser shall carry out such tests in an appropriate manner in the
presence and free of charge to Purchaser. Should the Contractor himself not be in a
position to carry out the tests, he shall, within five (5) days of receipt of the Purchaser's
demand prepare specimen and samples and send them at his own cost to such testing
stations as the Purchaser may specify and the cost of the test so effected shall be to the
Contractor's account. However, cost pertaining to the Purchaser's inspection personnel
shall be borne by the Purchaser.
8.2 The Contractor shall bear all costs of any and all inspections and tests.
8.3 Should a part of the plant be manufactured not on Contractor's own premises but on other
premises, the Contractor shall likewise obtain permission for the Purchaser/his authorized
representative to inspect and test the work as if the said plant were being manufactured on
the Contractor’s premises.
8.4 Within 15 days after the effective date of Contract, the Contractor shall submit a detailed
Quality Assurance Plan (QAP), covering all activities under scope of supply of the
Contractor and all stages of inspection, for the Purchaser to comment / approve the same,
and indicate Purchaser’s / Consultants’ hold points.
8.5 The Contractor shall submit to the Purchaser quarterly programme of inspection and tests
one-month in advance of the commencement of the calendar quarter. The inspection and
tests shall be so planned as not to impede the progress of manufacture of the subject
items. The Contractor shall give the Purchaser a minimum of ten days (10) days clear
notice of any work being ready for inspection and tests specifying the period likely to be
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required for such inspection and tests. Thereafter, the Purchaser or his inspector shall,
unless inspection or test is voluntarily waived, attend at the contractor's or his sub-
contractor's premises, such inspection and tests within seven (7) days of the date on
which the equipment is notified as being ready for inspection and test. Should the
Purchaser fail to attend such inspection and test, the Contractor may proceed with the
inspection and test at his option which shall be deemed to have been made in the
Purchaser's presence and shall forthwith forward to the Purchaser copies of inspection
certificates for acceptance by the Purchaser. The proforma and number of copies for
inspection/test certificates shall be mutually agreed.
8.6 The Contractor shall furnish to the Purchaser/his authorized inspector, five (5) copies of
unpriced purchase orders including detailed technical specification and drawings placed
on his sub-contractors/sub-suppliers as soon as such orders are placed by the Contractor,
but in any case not later than two (2) months before the expected date of the equipment
getting ready for inspection.
8.7 In cases where the Purchaser have to conduct the inspection, whether at the premises or
works of the Contractor or of any sub-contractor, the Contractor shall, provide free of
charge to the Purchaser such labour, materials, electricity, fuel, water, stores, apparatus
and instrument and/or facilities as may reasonably be deemed required to carry out
efficiently such tests of the plant in accordance with the contract and shall give all such
facilities to the Purchaser or his authorised representative to accomplish such tests.
8.8 When the inspection/tests have been satisfactorily completed at the contractor’s or his
sub-contractor's premises, the Purchaser shall issue a certificate to that effect (to the
extent such certificate is required to be delivered by the Purchaser pursuant to this
Contract). If the tests were not witnessed by the Purchaser or his representative the
certificate shall be issued on receipt of the inspection and tests report from the contractor
but not later than 10(10) days after the receipt of the said report by the Purchaser and
satisfaction of the Purchaser that such test have been satisfied.
8.9 In case any Equipment fails in inspection/tests or the test reports are not satisfactory, the
Purchaser shall reject or demand rectification / re-inspection. Re-inspection/retest shall be
carried out only after necessary rectification work/replacement by the Contractor.
8.10 No Plant, Equipment and Material shall be shipped before the inspection certificate /
waiver certificate and dispatch clearance have been issued by the Purchaser.
8.11 In the case of commissioning spares, operating and maintenance spares and insurance
spares, the same shall be offered for inspection along with the main equipment.
8.12 The inspection, examination or testing carried out by the Purchaser shall not relieve the
Contractor from any of his obligations under this Contract.
9. PACKING & FORWARDING
9.1 The Contractor shall include and provide for securely protecting and packing the materials
so as to avoid loss or damage during handling and transport by air, sea, rail and road or
any other means.
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9.2 All such packing shall allow to the extent possible for easy removal and checking at Site.
The Contractor shall take special precautions to prevent rusting of steel and iron parts
during transit by sea. Gas seals or other materials shall be utilized by the Contractor for
protection against moisture during transit of all Plant and Equipment.
9.3 Each Equipment or parts of Equipment shall be tagged with reference to the assembly
drawings and corresponding part numbers. Each bale or package shall contain a packing
note quoting specifically the name of the Contractor, item description, quantity, item /
package identification.
9.4 All packing cases, containers, packing and other similar materials shall be new and
supplied free by the Contractor and it shall not be required to be returned to the
Contractor.
9.5 Notwithstanding anything stated in this clause, the Contractor shall be entirely responsible
for loss, damage or depreciation or deterioration to the materials and supplies due to faulty
and/or insecure packing or otherwise during transportation to the Site until otherwise
provided herein.
9.6 One copy of respective standard manufacturer's erection instruction/operation instruction
manual shall be delivered with each package/container for immediate reference.
10. TAXES & DUTIES
10.1 Taxes and Duties incurred in India
10.1.1 The Contract Price is inclusive of all taxes, levies and duties including concessional rate
of Central Sales tax, Excise duty, Octroi, Sales tax on works contract as applicable as
per scope of work and as clarified in Clauses herein below, as also the customs duty,
CVD & SAD on imported goods, if any.
10.1.2 Statutory variations in taxes and duties from the base date by the Central government of
India or State Government from where supplies are made as may be applicable on the
supply of Plant and Equipment shall be to Purchaser's account to the extent applicable
as direct liability of the Contractor in execution of this Contract with the Purchaser. The
aforesaid variation shall be reimbursed/refunded by or to the Purchaser subject to
production of relevant documentary evidence and will be limited within the contractual
delivery period/execution schedule.
10.1.3 The Contractor shall bear and pay all liabilities in respect of (a) non-observance of all
legal formalities as per various statutory provisions and (b) statutory variations in all
taxes and duties and imposition of new taxes and duties that may be imposed after the
contractual delivery / execution dates, as originally stipulated, in case the delivery dates
are extended due to reasons attributable to the Contractor.
10.1.4 In addition, the Contractor shall furnish a statutory auditor’s certificate to the effect that
no refund of excise duty has been obtained/ claimed by him and that no reduction has
taken place in the excise duty. In case any refund is obtained in future by the Contractor,
the same shall be passed on to the Purchaser.
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10.1.5 The Purchaser shall reimburse statutory variation in taxes & duties beyond the Base
Date only in respect of finished Equipment supplied to the Purchaser as per billing
schedule submitted by the Contractor as per conditions of the Contract approved by the
Purchaser. The Purchaser shall not be liable to reimburse statutory variation in taxes &
duties on components, assemblies, intermediate products or other such costs.
10.1.6 The Contractor shall make "Sale in Transit" as per Section 6(2) of Central Sales Tax Act
1956 and all formalities required shall have to be observed by the Contractor. The
Purchaser shall provide the necessary concessional Sales Tax forms once in a year and
road permits (if applicable) to facilitate “Sale in Transit”.
10.2 Taxes and Duties incurred outside India
All taxes & duties, including statutory variation in the same incurred outside India shall be
borne & paid by the Contractor.
10.3 Recovery of Indian Income Tax at Source / Works Contract Tax
Recovery at source towards income tax and WCT under relevant provisions and at the
rates prescribed from time to time under the Income Tax Act / any other act shall be made
from the bills of the Contractors and the amount so recovered shall be deposited with the
relevant Department.
11. TRANSPORTATION
11.1 In case of the consignments despatched by road, the Contractor shall ensure that it or its
sub-contractors:
• Identify and obtain the correct type of trucks/trailers, keeping in view the nature of
consignments to be dispatched.
• Take such actions as may be necessary to avoid all possible chances of damages
during transit and to ensure that all packages are firmly secured.
• All consignments dispatched by road shall be on 'door delivery" and freight paid
basis.
11.2 The Contractor shall use every reasonable means to prevent any of the highways and
bridges and waterways traversed in connection with or on the routes to the site from being
damaged or injured by any of his or any of his Sub-Contractor’s traffic and in particular
shall select routes, choose and use vehicles and restrict and distribute loads so that any
such extraordinary traffic as will inevitably arise for moving of plant and materials from and
to the site shall be limited as far as reasonably possible so that no unnecessary damage
or injury may be occasioned to such highways and bridges and waterways. For any
damage caused by the breach hereof, the Contractor shall be solely responsible.
11.3 For purposes of the foregoing Section, waterways shall be construed to include locks,
docks, sea walls or other structures related to waterways.
12. INSURANCE
12.1 The Contractor shall take out the Insurance Policies as specified in the Special Conditions
of Contract, which shall cover all risks including the following, as applicable:-
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a) The value of the policy shall cover the total value of all the items till they are handed
over to the Purchaser.
b) The Purchaser's decision regarding replacement of goods damaged, lost or rendered
unusable, however, shall be final.
12.2 The Contractor shall arrange accident insurance policy for his foreign
experts/specialists/personnel deputed to Site and Contractor's/his sub-contractors'
manufacturing works as well as for his Indian engineers and supervisory staff. The
Contractor shall also take out for his Indian workmen, where applicable, a separate policy
as required under Workmen's Compensation Act.
12.3 In all cases, the Contractor shall lodge the claims with the underwriters and also settle the
claims. However, the Contractor shall proceed with the repairs and/or replacement of the
equipment/components without waiting for the settlement of the claims.
12.4 All the insurance claims shall be processed and settled by the Contractor and the
missing/damaged items shall be replaced/repaired by the Contractor without any extra
cost to the purchaser and without affecting the completion time
13. OPERATING & MAINTENANCE SPARES
13.1 The bill of materials for spares shall be as mentioned in the Technical Specification.
13.2 The Contractor shall supply complete ordering specification including the list of suppliers to
enable the Purchaser to procure operating and maintenance spares for replacement after
the spares supplied by the Contractor are exhausted. Complete manufacturing drawings
(except for the proprietary items) with bill of materials and material specification and
catalogues with reference details shall also form part of such ordering specification.
13.3 The Contractor shall undertake to supply operating and maintenance spares at reasonable
price and reasonable delivery period (ex-stock in case of consumable spares) at any time
later during the life of the Plant on request from the Purchaser. In case during the life of
the Plant, any spare(s) becomes obsolete or goes out of OEM’s production programme,
the Contractor through its manufacturer shall serve prior written notice of not less than
twelve (12) months to the Purchaser to that effect and furnish detailed manufacturing
drawings to the Purchaser for such spares, if not already furnished. Contractor shall also
ensure that the Purchaser is in a position to procure such spares in sufficient quantities at
reasonable prices before these become obsolete or go out of production programme as
stated above.
13.4 Should it be found any time prior to expiry of warranty period that the list of operating and
maintenance spares as furnished by the Contractor does not include any spare which are
normally required for plant operation and maintenance, then the Contractor shall supply
such spare(s) promptly and without any extra cost to the Purchaser.
13.5 The prices for spares shall be kept valid till the end of warranty period.
14. TRAINING
14.1 While basic induction training for all categories of staff and for all job positions will be
provided by the Purchaser, the Contractor shall identify from the manpower requirements,
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the key positions and number of persons to be trained for efficient running of the plant.
Purchaser will depute personnel with appropriate qualifications and experience for training.
14.2 The Contractor shall also arrange for training Purchaser’s personnel for working
procedures and systems covering working norms and quality standards. Such training will
include training in Contractor's design and engineering department and/or in the
manufacturers shop and for operation and maintenance in working plants and the cost
thereof shall be borne by the Contractor.
14.3 The Contractor shall furnish detailed training programme for Purchaser’s personnel not
later than 2 months from the effective date of the Contract. The training program shall be
imparted to ensure the readiness of Purchaser’s personnel before the commencement of
operation of the plant. The training programme can be modified by the Purchaser in
consultation with the Contractor depending upon the Purchaser’s actual requirements. The
Contractor shall supply all Training Manuals (1 reproducible and 5 copies), instructions
and other connected literature in five copies to the purchaser in English language along
with the detailed training programme. In addition, each trainee on arrival at the place of
training shall also receive a copy of each of such training manuals, instructions and other
connected literature. The Contractor shall also arrange if required, for technical orientation
course to be imparted in English language to the Purchaser’s trainees and arrange for
necessary English speaking personnel to explain the operation, maintenance and design
features of the Plant and Equipment to the Purchaser's personnel.
14.4 The travelling and living expenses of the Purchaser's trainees shall be borne by the
Purchaser. The Purchaser shall also arrange necessary travel documents for his trainees.
The Contractor shall, however, assist in arranging visa and medical insurance of trainees,
wherever necessary.
14.5 For maintenance personnel earmarked for Training, with the Contractor, it must be
ensured that they are associated during preparation and testing of major assemblies/sub-
assemblies at manufacturer’s works. The Contractor shall also arrange for on-site training
of the Purchaser's personnel.
15. Performance Guarantee, Availability & Reliability Requirement and Tests
15.1 Performance Guarantees & Tests
15.1.1 The guarantee for performance includes ratings/output for the individual items, systems
and electrics as well as Technical Specifications for the integrated operation of the
Plant. The Contractor's responsibility under this guarantee shall not in any way be
reduced, diminished or absolved for any reason whatsoever in respect of supplies,
materials and equipment not manufactured by the Contractor. Details of
Performance Guarantee tests and method of computation of performance values shall
be as per Technical specifications and Special Conditions of Contract.
15.1.2 The Contractor undertakes to demonstrate to the satisfaction of the Purchaser the
Performance Guarantee (PG) Tests and achieve all the parameters as specified in
Technical Specifications of the Contract within 15 days from the date of notice to
Contractor regarding readiness of plant / equipment for PG tests.
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15.1.3 The Contractor shall provide and install all measuring instruments required for checking
the guaranteed performance which are not included among the permanent measuring
instruments of the unit/sub-unit. Such instruments shall be furnished by the Contractor
on a temporary basis for the duration of the Performance Guarantee Tests.
15.1.4 During performance tests, the Purchaser shall make available necessary Operating and
Maintenance personnel. However, the charges for consumable etc. and other such
items shall be borne by the Contractor.
15.1.5 In case the Contractor fails to demonstrate and prove the Performance Guarantees and
achieve the results as agreed in the Contract, the Contractor undertakes to rectify the
Plant and Equipment and continue to demonstrate and prove the Performance
Guarantees till the rated output and other parameters are achieved. In case the rated
output and other parameters are not achieved even after repeated Performance
Guarantee Tests within 15 days of first test, the Contractor shall be liable for
Liquidated Damages due to non-performance as per Special terms & Conditions.
15.1.6 In case either the performance parameters achieved during the performance guarantee
tests are not within the acceptable limits as per Technical Specifications or the total
liquidated damages due to shortfall in performance has exceeded the ceiling, the
Purchaser shall have the right to reject the plant as per "Rejection of Defective Plant"
clause mentioned elsewhere in the Contract.
15.2 Availability
15.2.1 The Equipments under this Contract shall be designed for maximum reliability,
availability, and maintainability and as specified herein.
15.2.2 The Contractor shall design the plant to maximize the availability and the value shall be
as per Technical Specifications. Any shortfall in the guaranteed availability factor of any
of the Unit will be subject to Liquidated Damages. The Liquidated Damages for shortfall
in guaranteed availability factor shall be as per Special Terms & Conditions.
15.3 General
15.3.1 Payment of Liquidated Damages shall in no way relieve the Contractor from his
contractual obligations to complete the Works.
15.3.2 Purchaser may recover the Liquidated Damages payable by the Contractor from any
amounts due to him or which may subsequently become due to him under this or any
other Contract.
16. ERECTION, INSTALLATION & CIVIL WORKS
The Contractor shall strictly adhere to the following as applicable as per scope of work
16.1 Mobilization and access to site
16.1.1 Communication facilities, if required shall be arranged by the Contractor.
16.1.2 While execution of work, no person other than the Contractor, Sub-Contractor and his or
their employees shall be allowed on the Site during working hours except with the
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written permission of the Purchaser. Facilities to inspect the works at all times shall be
afforded by the Contractor to the Purchaser and his representatives and other
authorized officials. The labour camps shall not be established by the Contractor inside
the site premises. Nothing extra shall be payable by the Purchaser on this account.
16.1.3 The access to the Site shall be exclusive to the Contractor but only to enable him to
execute the works. The Contractor shall afford to the Purchaser and to other
Contractors whose names shall have been previously communicated in writing to the
Contractor by the Purchaser, reasonable facilities for the execution of the work
concurrently with his own.
16.2 Safety
16.2.1 Upon arrival of Plant and Equipment/Material at the Site, the Contractor shall assume
custody thereof and remain responsible thereafter for safe custody until the whole plant
is handed over.
16.2.2 Adequate firefighting equipment and extinguishing agents of sufficient capacity and
quantity must always be available at site and kept ready for immediate use. Sufficient
number of workmen must be fully trained in the use of such equipment and must be
available for immediate intervention at all times
16.2.3 For storage of materials and equipment for the construction and erection work, storage
must be subdivided into storage units and the distance between such storage units shall
be as acceptable to the insurance company which issued the policy. All inflammable
materials and especially all inflammable liquids and gases must be stored at a sufficient
large distance from the property under construction or erection and from any hot work.
16.2.4 Welding, soldering or the use of an open flame in the vicinity of combustible material is
only permitted if at least one workman suitably equipped with extinguishers and well
trained in fire-fighting is present.
16.2.5 At the beginning of work, all fire-fighting facilities must be checked thoroughly.
16.2.6 Explosives shall not be used at the site by the Contractor without the permission in
writing of the Purchaser and only in the manner and to the extent to which he has
prescribed. Where explosives are used by the Contractor, the same shall be transported
to the site in explosive proof van and stored in a special magazine to be provided by and
at the cost of the Contractor, who shall be liable for all damages loss or injury to any
person or property and shall be responsible for complying with all statutory obligations in
these respects. The contractor shall employ only licensed blasters.
16.2.7 The contractor shall for the duration of the contract, maintain in good order and condition
all such protective apparel and equipment (such as safety helmets, safety belts, gloves
etc.) for all their workmen and staff engaged for contract work as may be required to be
used by Law and by the Purchaser. The contractor shall ensure that such protective
apparel/ equipment are worn and used by their workmen and staff without fail. In case
the Purchaser notices any non-compliance thereto, the Purchaser will not only be
entitled to make alternative arrangements for the same but recover cost and damages
plus Purchaser’s own charges @ 20% or as deemed fit by the company, on his account.
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16.2.8 Safety related requirement shall be as mentioned in our safety manual put in the
company’s website accessible by the link:
http://www.ndpl.com/home/ElectricalSafetyManual.doc. The contractor and
subcontractors shall strictly abide by the guidelines provided in the safety manual at all
relevant stages during the contract period.
16.3 Care of works and security
16.3.1 From the commencement to the completion of work, the Contractor shall take full
responsibility for the care of Works and for all temporary Works from damages, loss or
theft, by making suitable security arrangement. In case any damage or loss shall happen
to the Works or to any part thereof or to any temporary Works from any cause
whatsoever, the Contractor shall at his own cost replace or repair and make good the
same.
16.3.2 The Contractor shall be responsible for proper fencing, lighting, guarding and watching of
all works at site until handing over and further arrange proper provisions for like period of
temporary drainage, roadways, foot-ways, guards and fences as far as may be rendered
necessary by reason of works for accommodation and protection of the Purchaser's
adjacent property and that of, the public and others.
16.3.3 The Contractor must take sufficient care in moving his construction plants and
equipment from one place to another so that they may not cause any damage to the
property of the Purchaser, particularly to the existing structures and overhead and
underground services and in the event of Contractor's failure to do so, the cost of such
damages shall be borne by the Contractor.
16.3.4 The Contractor shall take all precautions during execution, especially while
excavating to avoid interference with or damage to underground works, such as
cables, pipe lines, drains etc. and provide all possible protection to these works and
in case they are damaged, rebuild/divert them at his own cost.
16.3.5 All operations necessary for the execution of the works and for the construction of any
temporary works shall so far as compliance with the requirements of the Contract
permits be carried on so as not to interfere unnecessarily or improperly with the public
convenience or the access to use and occupation of public or private roads and
footpaths or of properties whether in the possession of the Purchaser or any other
person and the Contractor shall save harmless and indemnify the Purchaser in respect
of all claims demands, proceedings, damages, costs, charges and expenses,
whatsoever arising out of or in relation to any such matters.
16.3.6 Due to any emergency, any protective or remedial work is necessary within the
Contractor’s battery limit, the Contractor shall immediately carry out such work. If the
Contractor is unable to or unwilling to do the work, Purchaser shall carry out such work
and all costs incurred due to this shall be deducted from Contractor’s payments.
16.4 Boarding, lodging & transport
The Contractor shall take care of the boarding, lodging, all travel between Contractor’s
office and site etc. of his direct and indirect employees.
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16.5 Labour laws
16.5.1 In respect of all labour directly or indirectly employed on the works by the
Contractor, the Contractor shall comply with and implement all the provisions of
all labour acts & laws, whether existing or introduced later, by the Government of
India and the State Government.
16.5.2 The Contractor shall indemnify the Purchaser of all the liabilities and damages
due to non-fulfilment of the above. The Purchaser has the right to deduct any
amount from Contractor’s payments for making any payment in this regard, as
per statutory requirement.
16.5.3 The Contractor shall, at his own expense, make adequate arrangements for
housing, electricity, supply of drinking water and provision of latrines and urinals,
disposal of sewerage and sludge road, transportation of employees between site
and place of residence, for his staff and labour.
16.5.4 The Contractor shall from time to time furnish such declarations, proof,
statements or certificates as per law and as required by the purchaser.
16.5.5 The Contractor shall take requisite precautions and use his best endeavour to
prevent any riotous or unlawful behaviour by, or amongst his workmen and /or
others employed on the works by him or his Sub-Contractors and for the
preservation of peace and protection of the inhabitants and security of the
property in the neighbourhood of the works/site. In the event of the Purchaser
requiring the maintenance of a special police force at or in the vicinity of the site
during the tenure of the Contract in consequence of the riotous or unlawful
behaviour by, or amongst the Contractor's or his sub-Contractors workmen
and/or others’ staff employed by him/them, all expenses thereof and costs of all
damages due to such riotous or unlawful behaviour shall be borne by the
Contractor and if paid by the Purchaser, shall be recoverable from the Contractor
from any money due or that may become due to the Contractor by the
Purchaser.
16.5.6 The Contractor shall not implement or introduce any new practice, which will
affect the working atmosphere of other Contractors’ employees working in the
same Project.
16.5.7 The Contractor shall remove from his labour camp such labour and their families
who refuse protective inoculations and vaccination when called upon to do so by
any competent authority.
16.5.8 The Contractor shall also be responsible for the observation of all of the terms
and provisions contained in the above clauses by his Sub-Contractors.
16.6 Construction Water and Power
The Contractor needs to make suitable arrangement for Construction Water and Power
based on site conditions. To the extent possible, the Purchaser shall facilitate the same.
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Non availability of Power from the Purchaser should not be an excuse for delay in
completion of the project
16.7 Site grading / Excavation
All fossils, coins, articles of value of antiquity and structures and other remains or things of
geological or archaeological interest discovered on the site of the works shall be deemed
to be the absolute property of the Purchaser and the Contractor shall take reasonable
precaution to prevent his workmen or any other person from removing. or damaging any
such article or thing and shall immediately upon discovery thereof and before removal
acquaint the Purchaser of such discovery and carry out at the expense of the Purchaser
as to the disposal, removal or otherwise of the same.
16.8 Unloading
The RR/Challans duly endorsed will be handed over to the Contractor for taking delivery of
materials from railway / trucks / ships unloading the same from wagons/ trucks / ships and
subsequent handling, transportation and storage at the Site after submission of custody-
cum-indemnity bond in Purchaser's approved Performa. The demurrage charges, if any,
will be payable by the Contractor for the reasons attributable to the Contractor.
16.9 Supply of erection / construction materials and consumables
The Contractor shall provide all necessary erection equipment and tools and tackles
including material handling equipment, cranes, compressors and other equipment and
instruments and consumables, all commissioning equipment and instruments, welding
equipment, winches, alignment tools, precision levels etc., which may be required for
carrying out the erection and commissioning work (as applicable) efficiently. Unless
otherwise specified, the above erection equipment / materials shall be the property of the
Contractor. However, Purchaser’s prior written permission shall be required for removal of
these erection equipment / materials from the Site. The Contractor shall ensure that
proper documentation is followed at entry gate of Purchaser's premises for such items,
which shall be carried back by Contractor after completion of work.
16.10 Erection / installation and construction
16.10.1 For completing the work within the time schedule, the Contractor shall carry out the
work round the clock by providing adequate manpower, however, without violating any
labour laws.
16.10.2 The Contractor shall unpack and do visual checking against physical damages to the
equipment /cases, clean equipment before start of erection. Damage, if any, will be
reported to the Purchaser/ Consultant and shall be rectified / replaced expeditiously (in
case of materials not supplied by the Contractor), so as not to upset the erection and
commissioning schedule. Delay on account of settlement of insurance claims shall not
be considered an excuse for delay in Completion.
16.10.3 The Plant and equipment will be installed on the civil foundation/structures to be
constructed by the Contractor / Purchaser. However, if any minor deficiency is noticed
in the dimensions, centerlines, levels, locations etc. of the foundation or anchor bolts
or other embedment’s, the Contractor shall make arrangement for rectification of the
Page 47

same at his own cost. Chipping/dressing of the foundation with air or air and water jet
prior to placing the equipment on foundation will also be carried out by the Contractor.
However, the procedure for rectification will be finalised by the Contractor with the
written approval of Purchaser/Consultant.
16.11 Inspection & Testing
16.11.1 The Purchaser or his authorized agent shall have the right of inspection and testing the
materials brought to site by the Contractor and erection / installation / construction
work at any stage and the Contractor on demand from the Purchaser shall carry out
such tests in an appropriate manner in the presence and free of charge to Purchaser.
16.11.2 Within 15 days after the effective date of Contract, the Contractor shall submit a
detailed Quality Assurance Plan (QAP), covering all activities under scope of supply of
the Contractor and all stages of inspection, for the Purchaser to comment / approve
the same, and indicate Purchaser’s / Consultants’ hold points.
16.11.3 No work shall be covered up or put out of view without the approval of the Purchaser.
In the event of failure to do so, the Contractor shall uncover any part of the work or
make openings in or through the works as the Purchaser may direct and they shall be
made good with materials approved by the Purchaser and should match with
workmanship of the surrounding work.
16.11.4 The Contractor shall at his cost, arrange for construction laboratory equipment, testing
materials, consumables etc., at site for testing of construction materials such as
cement, aggregates, concrete cubes, soil and other consumables.
16.11.5 Any special measures or techniques which may be necessary for construction of
structures such as dewatering, sheet piling, diaphragm walls, well sinking, well point
system and continuous pouring of concrete shall be deemed to have been taken into
account by the Contractor and no extra claim, whatsoever, shall be entertained.
16.11.6 The Contractor shall carry out structural load test on each part of the building/structure
at his own cost if such structural load test is warranted due to unsatisfactory test
results of concrete cubes and if so directed by the Purchaser.
16.11.7 The Purchaser may during the progress of Work, order the removal and re-erection of
part or whole of the work executed, that is found not in accordance with the approved
drawings/ specifications written instructions. The Purchaser shall not be responsible
for any costs incurred in connection with any such removal and re-erection; the
Contractor shall indemnify the Purchaser for any costs and expenses that Purchaser
may have incurred in connection with such removal and re-erection. Re-
inspection/retest shall be carried out only after necessary rectification
work/replacement by the Contractor.
16.11.8 The inspection, examination or testing carried out by the Purchaser shall not relieve
the Contractor from any of his obligations under this Contract.
16.12 Handing over
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16.12.1 On completion of the work, all rubbish, kilns, vats, tanks, materials and temporary
structure of any sort or kind used for the purpose or connected with the
construction/erection work shall be removed by the Contractor and all pits and
excavations filled up and the site handed over in a tidy and workmanlike condition and
no final payment in settlement of the account for the said work shall be held to be due
or shall be made to the Contractor until such Site clearance and restoration shall have
been effected by him and such clearance and restoration may be made by the
Purchaser at the expenses of the Contractor in the event of his failure to comply with
this provision within seven (7) days after receiving notice in writing from the Purchaser
to that effect. If it becomes necessary for the Purchaser to have the site cleared as
indicated above at the expense of the Contractor, the Purchaser shall under no
circumstances be held liable for any losses or damages to such of Contractor's
property as may be on such site due to such removal there from, which removal may
be effected by means of public sale of such materials and property or in such a way as
seems fit and most convenient to the Purchaser.
16.12.2 For the purpose of removing surplus materials in its original form, the Contractor shall
submit the documents/records evidencing the entry of materials inside the Plant by
producing the Gate Entry Permits and R/Rs or L/Rs and consumption statements
based on approved drawings to establish the surplus quantity of the materials
belonging to the Contractor. The Purchaser shall allow the Contractor to remove such
materials if it is satisfied, in its sole and absolute discretion, only after completion of the
entire Work.
16.12.3 No imported Material shall be allowed to be taken out other than imported tools and
tackles and instruments brought by the Contractor on draw back basis and provided,
he has carried out necessary documentation at the time of taking such items inside
the Plant
16.12.4 The Contractor shall return to the Purchaser all crates, packing cases and packing
materials and all returnable supplies at a place and manner designated by the
Purchaser.
16.12.5 The Purchaser shall have the right to take possession or use any completed or
partially completed Work. Such possession or use shall not be deemed to be an
acceptance of any work done not in accordance with the Contract. However, any
damage to such work solely due to such provision or use shall be to the Purchasers
account.
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Section 6: SPECIAL TERMS AND CONDITIONS
The following clauses shall be read in conjunction with General Conditions of Contract as well
as Technical Specifications to the extent applicable. In case of any discrepancies between the
stipulations in these documents, the General Conditions of Contract shall stand
superseded.
1. Objective
The main objective of this project is Design, manufacture, supply, erection, testing and
commissioning of Grid Connected Solar Photovoltaic Power Plant of capacities as
stipulated in the table below with associated power evacuation system on turnkey basis:
2. Scope of Work
2.1 The scope of work includes Design, Manufacture, Supply, Installation, Erection, Testing
and Commissioning of Grid Connected Solar Photovoltaic Power Plant of capacities
mentioned in above Table with associated power evacuation system on turnkey. The
system is to be integrated into central control software of NDPL.
2.2 The equipment and materials for Grid Connected Solar Photovoltaic Power Plant of
capacities mentioned in above Table with associated power evacuation system shall
include but not limited to the supply, erection., testing, commissioning and integration into
the NDPL Central control software following:
a) Solar PV modules of composite capacity as mentioned above including mounting
frames, structures, array foundation and module inter connection,
Page 50
Capacity Location Technology
60 KWp Shahzadabad Grid, Delhi. Crystalline PV with a single inverter of
60 KVA.
50 KWp Rohini Sector 22 Grid, Delhi. Crystalline PV with a single inverter of
50 KVA.
48.5 KWp Inder Puri Grid & District Office, Delhi. Mix of Crystalline & Thin Film (50%-
50%) Technology with separate string
inverters for different technologies
225 KWp PP-2 Grid Station of NDPL Crystalline PV with a string inverts of
5 KVA & 2 KVA
250 KWp CENPEID, Rohini Sec-11 Crystalline PV with Central Inverter
with capacity not exceeding 100 KVA.

b) Array Junction boxes.
c) Power Conditioning Units that are communicable on Modbus Protocol.
d) Common AC power evacuation panel with bus bars and circuit breakers.
e) Metering and protection /Isolation systems. Meters to be communicable on MODBUS
Protocol
f) LV Power and Control Cables including end terminations and other required
accessories for both AC & DC power.
g) Earthing/ system for PV Array, DC power system, lightning protection system, AC
power system for LT, equipment etc for control room building, PCU, Data acquisition system
with remote monitoring facilities AMC of plant for 5 years after warranty period.
h) Transportation of equipment from works to site
i) Unloading, loading in of all supplied equipments on foundations at their respective
places
j) Pre-Commissioning & Commissioning of all supplied equipments
k) Test running of Grid Connect Solar Plant as well as load trials at site.
l) Contractor shall be responsible for obtaining all statutory clearances including but not
limited from Electrical Inspector regarding operation of the Plant. Purchaser shall however
facilitate to ensure that the same is obtained successfully.
m) The system should be capable of providing all the data including that of meter and
PCU to the central software on IEC-104 protocol. All the equipments /hardware /software for
complying to the same will be in the bidder’s scope.
n) UPS /Battery/ Battery charger system to be considered as part of the scope so as to
keep the system live in case of grid failure
3. Design of system
The bidder to ensure proper system designing that would include his own independent
studies on peak sunshine data, resulting in the correct sizing of equipment for the solar
energy system. It is therefore very important to form proper design procedures and
component sizing before any actual implementation. The design procedures and
component sizing shall be as per internationally acceptable standards.
4. Terms of Payment
4.1 Payment Schedule
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4.1.1 Payment Schedule for Design, Manufacture, Supply, Packing & Forwarding,
Transportation to site of Grid Connected Solar Photovoltaic Power Plant
4.1.1.1 Before the contractor becomes eligible for any payment under the contract he shall fulfill
the following:
a. Submission of invoice for advance and submission of an unconditional Advance
Bank Guarantee equivalent to 10% of the total Contract Price valid till 30 days
after the Scheduled Project Completion Date (in case contractor wants an
interest free advance equaling 10% of the contract price).
b. Submission of another Bank Guarantee towards security deposit as per para 4.2
below.
c. Submission of a Bank Guarantee valid for a period of first 5 years after
commissioning for settlement of claims against the Performance Guarantee
Parameters stipulated at clause no. 7.0
d. Submission of the Corporate Guarantee valid for a period of balance 20 years for
settlement of claims against the Performance Guarantee Parameters stipulated
at clause no. 7.0
4.1.1.2 60% of the total price for supply of equipment, materials, maintenance tools and tackles
& spares shall be paid against supplies on receipt of material at site.
4.1.1.3 20% of the total price for supply of equipment, materials, maintenance tools and tackles
& spares shall be paid on completion of total supplies under the Contract and
completion of erection at site
4.1.1.4 The last 10% payment for supplies shall be paid on commissioning and completion of
acceptance tests at site.
4.1.2 Payment Schedule for Unloading at Site, Erection, Testing and Commissioning of
4.1.2.1 Before the contractor becomes eligible for any payment under the contract he shall fulfill
the following:
e. Submission of invoice for advance and submission of an unconditional Advance
Bank Guarantee equivalent to 10% of the total Contract Price valid till 30 days
after the Scheduled Project Completion Date (in case contractor wants an
interest free advance equaling 10% of the contract price).
f. Submission of another Bank Guarantee towards security deposit as per para 4.2
below.
g. Submission of a Bank Guarantee valid for a period of first 5 years after
commissioning for settlement of claims against the Performance Guarantee
Parameters stipulated at clause no. 7.0 and
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h. Submission of the Corporate Guarantee valid for a period of balance 20 years for
settlement of claims against the Performance Guarantee Parameters stipulated
at clause no. 7.0
4.1.2.2 60% of the total price for Erection, Testing and Commissioning of equipment and
materials progressively on monthly basis upon erection at site.
4.1.2.3 20% of the total price for Erection, Testing and Commissioning of equipment and
materials upon completion of Erection at site
4.1.2.4 The last 10% payment for Erection, Testing and Commissioning shall be paid on
commissioning and completion of acceptance tests at site.
4.1.3 Payment Schedule for 5 years Comprehensive AMC
4.1.2.1 90% on pro-rata towards the Annual Maintenance Contract shall be paid against
submission of duly certified invoice on quarterly basis.
4.1.2.2 The last 10 % payment upon completion of successful completion of Annual
Maintenance Contract.
4.2 Security Deposit
Before the Contractor is entitled for any payment under this Contract, he shall submit a
Bank Guarantee towards Security Deposit for 10% of the total Contract Price valid in full
valid up to end of 2 months after warranty period. All BGs towards Advance and
Performance Guarantees, in the format as per our tender, shall be from the Nationalized /
Public Sector banks or other banks as approved by the Purchaser.
5. Completion Time
The Completion and handing over of these Grid Connected SPV projects shall be done
within 4 months from date of issue of LOI or PO, which is earlier. However, we request to
quote your best possible Commissioning Schedule but not later than the above-mentioned
requirement. The Bidder shall submit L1 / L2 schedule along with the offer.
6. Liquidated Damages
6.1 The Purchaser shall levy Liquidated Damages at the rate of 1% of the Contract Price per
week of delay in completion time, subject to a ceiling of 10% of the total contract value.
For this, purpose a delay of one day also shall be considered as a delay of one week.
6.2 The Liquidated damages for Performance Guarantee parameters shall be as Specified in
Clause 7 below.
6.3 The liquidated damages on account of delay as well as performance parameters during
warranty shall be limited to a maximum of 20% of the Contract price. There shall be no
cap on liquidated damages on account of performance parameters related to guaranteed
generation mentioned in clause 7.0 below.
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6.4 Further, the Contractor will have to satisfy the requirement of Technical Specifications. If
the required parameters are not achieved, then the Contractor will have to rectify the same
within a period of one month, failing which the equipment will be rejected and all damages
shall be recovered from the Contractor.
6.5 After erection / commissioning, the System supplied under this Contract shall have to pass
the site tests as stipulated in the Technical Specification without any deviations thereof,
otherwise purchaser shall have the right to reject the entire equipment & recover the
amounts paid together with compensation in relation thereto or levy liquidated damages as
deemed fit by the purchaser at his sole discretion.
7 Performance Guarantee Parameter
7.1 Solar PV Module: Module shall be having a minimum guarantee for a period of a minimum of
25 years. In case of any deviation observed during operations from the performance
guarantee parameters cited, the Contractor shall be informed in writing by the Purchaser.
The Contractor shall be responsible to rectify the same within 10 days of notification without
any extra cost to Purchaser. Performance guarantee parameters on output of solar module
shall be as follows:
End of Year Guaranteed Output
1 98.5%
2 97.5%
3 97%
6 95.5%
8 94.5%
10 93.5%
15 91%
20 88.5%
25 86%
The above shall be guaranteed at the power evacuation point and that shall be treated
as the measuring point. The bidders should provide a quarterly expected generation in
MUs along with the offers over the next 25 years considering the degradation in output
based on clause above. Penalty shall be levied on an annual basis in terms of revenue
lost to the utility for the deviation in output.
(Penalty: 2* (Tariff including Incentive per unit) * (MUs guaranteed – MUs
supplied))
Further, the bidders shall be allowed a notice period of 10 days to rectify the
discrepancy, failing which a penalty of Rs. 5000 per day shall be levied till rectification, is
done.
7.2 Power Conditioning Unit (PCU): PCU shall have a minimum warrantee period of 5 years from
the date of commissioning. The Bidder’s detailed Warranty/ Guarantee clause shall be
furnished. Efficiency of the PCU shall not be less than 94%. In case of any deviation
observed during operations from the warranty cited, the Contractor shall be informed in
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writing by the Purchaser. The Contractor shall be responsible to rectify the same within 10
days of notification without any extra cost to Purchaser.
*Successful Bidder shall provide a bank guarantee for the first 5 years and a Corporate
Guarantee valid for the balance period of 20 years for settlement of claims against the
Performance Guarantee Parameters stipulated above. The guarantees shall be irrevocable
and unconditional as per the prescribed formats, in order to safeguard the interests of NDPL
and to ensure continued delivery of performance parameters as stipulated in the Clause 7.0
of the Special Terms and Conditions of the RFP.
8. Insurance
8.1 The Contractor shall take Comprehensive Marine cum Erection Insurance policy for the
complete Project and for the insurance to be arranged by the Contractor, the Contractor shall
be responsible for settlement of claims with the underwriters. The Contractor shall be the loss
payee under the policy and the Contractor will arrange replacements / rectification
expeditiously without waiting for settlement by insurance claim at Contractor’s own cost.
9. Spares
Bidders to provide list of Mandatory Spares, Commissioning Spares and Recommended
Spares for 5 years trouble free operation. All such spares shall be supplied along with the
main equipment.
10. Drawings / Documents
10.1 The Contractor shall submit all initial documents in 6 copies, final documents in 6 copies
along with one soft copy, and ‘as built’ documents in 6 copies along with 1 soft copy & 1
reproducible.
11. Price
The bidder shall quote prices FOR Delhi / Site, which shall remain firm till the contract
execution and inclusive of all taxes/ duties etc as well as site supervision for successful
commissioning/ performance.
12. Approval of System Design
12.1 The design of each subsystem and bill of material intended to be used shall be
submitted to respective authority for approval.
12.2 Quality Assurance Plan should include design control, process control, quality control,
testing of sub-system.
13. Arbitration
The venue of arbitration shall be Delhi.
14. Annual Maintenance Contract
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The suppler will have to quote the rates for Annual Maintenance Contract for 5 years after the
warranty period, which includes bi monthly visits. During the visit, cleaning of the panels &
tightening of the connections shall be carried out.
The AMC shall include overall supervison of maintenance activities that are required to
ensure optimum performance of the Solar system as per the performance guarantee
parameters indicated above and Guaranteed Generation figures for 25 years submitted by
the contractor.
The contractor shall submit a Detailed Annual Maintenance schedule to NDPL with in 15
days of the placement of the purchase order for AMC and on or before 15th January every
year thereafter.
The contractor shall also submit a detailed report every quarter to NDPL about the
maintenance carried out in the concerned period.
For maintenance of PCU, one set of essential spares shall be kept ready at manufacturer
end during warranty period. Ongoing cleaning and maintenance shall be carried out NDPL
staff in line with supplier’s recommendation on routine maintenance.
Bidder’s to furnish the Annual Maintenance Schedule as part of the Offer
15. After Sales Service
15.1 The details of service centers in India shall be provided along with the offer. All essential
materials & manpower shall be placed at the service centers to ensure quick & efficient
after sales service. One set of essential spares for the system being offered shall be
included in the offer & details of the offered spares shall be included with the technical bid.
The price for spares shall be quoted separately.
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16. Warranty
The Contractor shall be liable to replace any parts that may fail or show signs of defects in
the works done by the Contractor under this Contract, or from any act or omission of the
contractors for a period of 12 months from the date of Commissioning of the complete
Power Plant or 24 months from the date of last major dispatch, whichever is earlier.
17. General Conditions of Contract
All other terms and conditions shall be as per General Conditions of Contract enclosed.
However, in case of any discrepancy between the Special Terms and Conditions and
General Conditions of Contract, Special Terms and Conditions shall prevail.
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Section 7: TECHNICAL SPECIFICATIONS
1 A. Solar Photo Voltaic Module (Crystalline)
1.1 The Solar PV module will be minimum 175Wp nominal rating.
1.2 Solar modules offered shall be certified as per latest edition of IEC 61215. The modules
shall also qualify for IEC 61730 for safety qualification testing. For modules to be used in a
highly corrosive environment throughout their lifetime they must qualify for IEC 61701.
1.3 SPV module shall contain mono/poly crystalline high power silicon solar cells. The solar
cell shall have surface anti-reflective coating to help to absorb more light in all weather
conditions.
1.4 The module frame shall be made of aluminium or corrosion resistant material, which shall
be electrolytic ally compatible with the structural material used for mounting the
modules .
1.5 Photo electrical conversion efficiency of SPV module shall not be less than 14%.
1.6 Fill factor of the module shall not be less than 0.70
1.7 Each module shall have low iron tempered glass front for strength & superior light
transmission. It shall also have tough multi-layered polymer back sheet for environmental
protection against moisture & provide high voltage electrical insulation.
1.8 Solar PV module shall be highly reliable, light weight and shall have a service life of more
than 25 years.
1.9 The rated output of any supplied module shall not vary by more than 3% from the average
power rating of all ratings. Each module, therefore, has to be tested and rating displayed.
1.10 It shall perform satisfactorily in relative humidity upto 95% and temperature between –
10°C and 85°C.It shall be able to withstand wind gusts upto 150 Km/hr
1.11 The solar modules should have suitable encapsulation & sealing arrangements to protect
the silicon cells from the environment. The encapsulation arrangement shall ensure
complete moisture proofing for the entire life of solar modules.
1.12 Bidder must consider Shading Losses as per the relevant Industry Standard & Practice
while designing the proposed power plant
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1.13 Guarantee on power output of solar module will be as follows:
1 98.5%
2 97.5%
3 97%
6 95.5%
8 94.5%
10 93.5%
15 91%
20 88.5%
25 86%
1.14 Marking: Each module shall carry the following clear and indelible markings:
- name, monogram or symbol of manufacturer;
- type or model number;
- serial number;
- polarity of terminals or leads (colour coding is permissible)
- maximum system voltage for which the module is suitable
- Date & place of manufacture;
- I-V Curve for the module.
- Wattage, Im, Vm &FF for the module
Module shall have type approval certificate as per Annexure-9. Bidder shall provide the
data sheet as per Annexure - 10 A.
1B. Solar Photo Voltaic Module (Thin Film)
1.15 The Solar PV module will be minimum 150Wp nominal rating
1.16 Thin Film Solar modules offered shall be certified as per latest edition of IEC 61646.
1.17 The modules shall also qualify for IEC 61730 for safety qualification testing. For modules
to be used in a highly corrosive environment throughout their lifetime they must qualify for
IEC 61701. The safety class shall be UL 1703
1.18 SPV module shall contain amorphous silicon/microcrystalline solar thin film or shall be of
Copper Indium Gallium Diselenide (CIGS). The thin film modules shall have surface
coating to help to absorb more light in all weather conditions. The modules shall be able to
perform well under weak light conditions (diffuse & reflective light)
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1.19 The module frame shall be made of aluminium or corrosion resistant material, which shall
be electrolytic ally compatible with the structural material used for mounting the
modules .
1.20 Photo electrical conversion efficiency of Thin Film module shall not be less than 6.5%.
1.21 Fill factor of the module shall not be less than 0.6.
1.22 Each module shall have low iron tempered glass front for strength & superior light
transmission. It shall also have back glass sheet for environmental protection against
moisture & provide high voltage electrical insulation.
1.23 Solar PV module shall be highly reliable, light weight and shall have a service life of more
than 25 years.
1.24 The rated output of any supplied module shall not vary by more than 3% from the average
power rating of all ratings. Each module, therefore, has to be tested and rating displayed.
1.25 It shall perform satisfactorily in relative humidity upto 95% and temperature between
–10°C and 85°C.It shall be able to withstand wind gusts of upto 150 Km/hr.
1.26 The solar modules should have suitable encapsulation & sealing arrangements to protect
the it from the environment. The encapsulation arrangement shall ensure complete
moisture proofing for the entire life of solar modules.
1.27 Bidder must consider Shading Losses as per the relevant Industry Standard & Practice
while designing the proposed power plant
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1.28 Guarantee on power output of solar module will be as follows:
1 98.5%
2 97.5%
3 97%
6 95.5%
8 94.5%
10 93.5%
15 91%
20 88.5%
25 86%
1.29 Marking: Each module shall carry the following clear and indelible markings:
- Name, monogram or symbol of manufacturer;
- Type or model number;
- Serial number;
- Polarity of terminals or leads (colour coding is permissible)
- Maximum system voltage for which the module is suitable
- Date & place of manufacture
- I-V Curve for the module.
- Wattage, Im, Vm &FF for the module
Module shall have type approval certificate as per Annexure-9. Bidder shall provide the
data sheet as per Annexure – 10 B.
2. Module Mounting Structure
2.1 The array structure shall be so designed that it will occupy minimum space without
scarifying the output from SPV panels.
2.2 Design drawings with material selected shall be submitted for prior approval of NDPL
2.3 The structure shall be designed to allow easy replacement of any module & shall be in line
with the site requirements.
2.4 The array structure shall be made of hot dipped galvanized MS angles of suitable size.
2.5 The support structure design & foundation shall be designed to withstand wind speed upto
150 kmph using relevant Indian wind load codes.
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2.6 The module alignment & tilt angle shall be calculated to provide the maximum annual
energy output. This shall be decided based on the location of array installation.
2.7 All fasteners shall be of stainless steel of grade SS 304.
2.8 The array structure shall be grounded properly using maintenance free earthing kit
2.9 Galvanized Steel Structural must be considered for all type of structural steel proposed for
the power plant
2.10 The mounting of solar modules shall be done on rooftop and entire Fabrication of elevated
structure and the structure atop sloping roofs shall be done by the Bidder.
3. JUNCTION BOXES:
3.1 The array junction boxes shall be dust, vermin & waterproof & made of FRP/ABS plastic.
3.2 The Array Junction Box will also have suitable surge protection. The Junction Boxes shall
have suitable arrangement for the followings:
a) Combine groups of modules into independent charging sub-arrays.
b) Provide arrangement for disconnection for each of the groups.
c) Provide a test point for each sub-group for quick fault location.
d) To provide group array isolation.
e) The current carrying rating of the Junction Boxes shall be suitable with adequate
safety factor to inter connect the Solar PV array.
3.3 The junction boxes shall have suitable cable entry points fitted with cable glands of
appropriate sizes for both incoming & outgoing cables.
3.4 Suitable markings shall be provided on the bus bar for easy identification & cable ferrules
shall be fitted at the cable termination points for identification.
4. POWER CONDITIONING UNIT (PCU)
PCU shall supply the DC energy produced by array to DC bus for inverting to AC voltage
using its MPPT (Maximum Power Point Control) control to extract maximum energy from
solar array and produce 415V AC, 3 phase, 50 Hz to synchronize with the grid through
LT/HT panels.
4.1 MPPT controller, inverter and associated control and protection devices etc. all shall be
integrated into PCU.
4.2 The rating of PCU shall be suitable to the capacity offered
4.3 PCU shall provide 3 phase, 415+/-2% V, 50+/-0 0.5 Hz supply on AC side with THD<3%.
4.4 DC voltage ripple content shall not be more than 3%.
4.5 Efficiency of PCU shall not be less than 94%.
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4.6 Degree of protection should not be less than IP-21
4.7 It shall have protection features such as over voltage, short circuit, over temperature etc.
4.8 The inverter shall be efficient based on PWM MPPT with IGBT reliable power based
design.
4.9 The system should be capable of providing all the data including that of meter and PCU to
the central software on IEC-104 protocol. All the equipments /hardware /software for
complying to the same will be in the bidder’s scope. The PCU shall be capable of
complete automatic operation, including wake-up, synchronization & shut down.
4.10 PCU shall have facility to display basic parameters of the system.
4.11 PCU shall be capable to synchronize independently & automatically/to be phase locked
with Power Supply Authority grid power line frequency to attain synchronization & export
power generated by the solar panel to Power Supply Authority grid.
4.12 Built-in with data logging to remotely monitor plant performance through external PC shall
be provided (PC shall be provided by user)
4.13 Inverter shall be tested for islanding protection performance.
4.14 Only isolated inverters shall be used.
4.15 UPS /Battery /Battery charger system to be considered as part of the scope so as to keep
the system live in case of grid failure
4.16 PCU to be communicable on Modbus protocol
Indications (through LEDs & LCD display)
• Inverter ON
• Grid ON
• Inverter under voltage/over voltage
• Inverter over load
• Inverter over temperature.
Protections:
• Over voltage both at input & output
• Over current both at input & output
• Over/under grid frequency
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• Over temperature
• Short circuit
• Protection against lightening
• Surge voltage induced at output due to external source.
Bidder shall provide the data sheet as per Annexure – 10C
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Typical Technical Features shall be as follows:
Parameters Value
Continuous Output Power Rating To suit the Capacity of the proposed Plant
AC voltage 3phase 415V, +/-10%
Frequency 50Hz
Waveform Sine wave
PV entries 2
Maximum Efficiency 93%
Ambient temperature range 0-45ºC
Total Harmonic Distortion < 3%
Degree of protection IP21
Nominal Voltage and Frequency 415 V/ 3 Phase/ 50 Hz
Frequency Tolerance +/-3%
Voltage Tolerance +15% and – 10%
4.15 Typical failure analysis report of PCUs and recommended list of critical components shall
be provided by the bidder while submitting their offer.
4.16 Provision shall be available in the PCU for remote monitoring of following parameters
• DC power input
• DC input voltage
• DC current
• AC power output
• AC voltage (all the 3 phases and line )
• AC current ( all the 3 phases and line)
• Power factor
In addition to the above, energy values to be displayed
* The number of PCUs is indicative only. The bidder may design the system to extract maximum
efficiency with inbuilt redundancy.
5. DC distribution board (DCDB)
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DC distribution board shall be provided in between solar array and PCU. It shall have
MCCB of suitable rating for connection and disconnection of array section. It shall have
meters for measuring the array voltage and array current. DCDB can also be integrated
into PCU for space saving.
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6. AC Distribution:
Power conditioning unit installed in a control room converts DC energy produced by the
solar array to AC energy. The AC power output of the inverter shall be fed to the AC
Distribution Board (metering panel & isolation panel) which also houses energy meter.
The 415V AC output of the isolation panel is fed to the grid. AC energy is then
synchronized with the grid and power is exported to the grid.
7. Cables and Hardwares
Cables of appropriate size to be used in the system shall have the following
characteristics:
• Will meet IS 694/1554 standards
• Temp. Range –10ºC to +80ºC.
• Voltage rating 660/1000V
• excellent resistance to heat, cold, water, oil, abrasion, UV radiation
• Flexible
Cabling on DC side of the system shall be as short as possible to minimize the voltage
drop in the wiring. Components and hardware shall be vandal and theft resistant. All
parts shall be corrosion-resistant. The system description, general/technical
requirements etc. are given for general guidance only. The supplier/manufacturer shall
submit the detail design of the complete solar generating system by using their software
to optimize the combination of modules considering the specific location, insolation,
nature of load etc.
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8. ENERGY METER
8.1 An Energy Meter shall be provided as approved by the NDPL to measure the delivered
quantum of energy to the GRID for sale.
8.2 Meter must be provided with the necessary data cables.
8.3 Energy Meter should be import/export type ABT compliant, 0.5 Class of accuracy and
must be modbus compliant for further integration with Central Monitoring Systems.
9. Civil Work Specification
9.1 Concreting
• Concrete mix shall be of M-20/M-25 grade for pedestal and earth pit chambers.
• Pedestal base shall be provided with tapered gola using water proofing compound of IS-
2649.
• Curing of all concrete work shall be carried out continuously for minimum of 7days.
9.2 Array layout :Contractor shall design the array layout by incorporating following
dimensions:
• Minimum 750mm space around the periphery wall of rooftop.
• Minimum 900mm space near the rain water exhaust pipe, water tank and rooftop
entrance.
9.3 Stair case: Contractor shall provide a GI stair case for grid rooftop of following
specifications.
a. Base channel -110X50mm.
b. Hand rail pipe -50mm dia.
c. Distance between Steps -300mm.
d. Steps angle -110X110mm.
9.4 Structural design: IS 800-2007 shall be followed for structural design.Contractor shall
submit the DBR and STADD calculations along with the structural design.
Page 68

Annexure 1: Format for Part-A of Offer
(To be submitted by bidders on official letter head of the company)
Dated ……………………..
To,
Mr. Tarun Katiyar
HoG – Business Development
3rd Floor Substation Building,
Hudson Lines, Kingsway camp,
Delhi-110009
Sub: Offer in response to Notice Inviting Tender________________ dated _________
for Design, Manufacture, Supply, Installation, Erection, Testing and Commissioning of ____
KWp (Specify Capacities) Grid Connected SPV Power Plant at _____________ (Specify
Location)” with associated power evacuation system on turnkey basis at project locations
mentioned in the Tender Document.*
Sir,
We the under signed Bidder, having read and examined in details the specification,
general terms & conditions and special terms & condition of the tender, do are hereby
submitting our offer to execute the contract as per specification as set forth in your bid
document. In this connection, we enclose the following documents for your kind perusal.
1.
2.
3.
We also further declare:
The information & documents as enclosed herewith are correct & authentic and original
documents are with us and same can be produced as and when required.
(Authorized Signatory)
Name
Designation
Company Seal
*Please specify the capacities of the projects for which the bidder is submitting their offer.
Page 69

Annexure 2: Format for Part - B and C of Offer
(To be submitted by bidders on official letter head of the company)
Dated ………
To,
Mr. Tarun Katiyar
HoG – Business Development
3rd Floor Substation Building,
Hudson Lines, Kingsway camp,
Delhi-110009
Sub: Offer in response to Notice Inviting Tender________________ dated _________
for Design, Manufacture, Supply, Installation, Erection, Testing and Commissioning of ____
KWp (Specify Capacities) Grid Connected SPV Power Plant at _____________ (Specify
Location) with associated power evacuation system on turnkey basis at project locations
mentioned in the Tender Document.*
Sir,
We the undersigned Bidder, having read and examined in details the specification, general
terms & conditions and special terms & condition of the tender, do are hereby submitting
our offer to execute the contract as per specification as set forth in your bid document
.
1. We offer to Design, Manufacture, Supply, Installation, Erection, Testing and
Commissioning of ____ KWp (Specify Capacities) Grid Connected SPV Power Plant
at _____________ (Specify Location) with associated power evacuation system on
turnkey basis at a total cost of Rs. (in figure and Rupees.(in
words)*.
2. The items rates quoted for the project work are FIRM during entire period of
contract irrespective of date of completion and not subject to any price adjustment as in line
with the bid document.
3. All prices and other terms & conditions of this offer are valid for a period of 90
days from date opening of bid.
4. We further declare that price offered in our bid document is in accordance
with your “INSTRUCTION TO BIDDER”.
5. We declare that we are making the offer on the basis of a divisible design
cum manufacture cum supply cum erection cum testing cum commissioning on a single
source responsibility basis.
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6. We have enclosed earnest money amounting to Rs. __________in the form of _____-
__________________________________ vide DD/Cheque No.
____________dated __________drawn on , ___________________,
________________Branch.
7. We declare that contract shall be executed strictly in accordance with the General &
Special Terms & Conditions and General Technical Specifications except those deviations,
all of which have been detailed out exhaustively in the deviation schedule enclosed as
Annexure - ____in our offer.
8. If you accept this offer, we agree to provide services and complete the entire work in
accordance with project completion time in the tender document. We fully understand
that the work completion time stipulated in tender document is the essence of the
contract, if awarded.
9. We confirm having submitted the eligibility criteria as required by you in your document
under part - A along with this proposal. In case you require any further information in this
regard, we agree to furnish the same in time.
10. We understand that you are not bound to accept the lowest or any bid you may receive
against the Tender invitations Notice ________________ dated____________ We
also understand that the work may be splitted to more than one contractor, if required,
without assigning any reason what so ever.
11. Until a formal work order is prepared and placed upon us, this offer together with
your Letter of intent thereof shall constitute a binding contract between us.
12. We also declare that we have never been debarred from executing the work. In
case we do not accept the award of contract or letter of intent, our earnest money may
be forfeited.
(Authorized Signatory)
Name
Designation
Company Seal
*Please specify the capacities of the projects for which the bidder is submitting their offer.
Page 71

Annexure – 3: Certificate as to Corporate Principal
CERTIFICATEASTOCORPORATEPRINCIPAL
(TobesignedbyanyofBoardDirectorsorCompanySecretary)
I _______________________ certify that I am _________________ of the Company under the
laws of _____________________ and that __________________ who signed the above tender
is authorized to bind the Company / Firm by authority of its governing body.
Signature : _________________ Seal:
Full Name : _________________
Address : _________________
Page 72

Annexure 4: Project Experience
Kindly provide relevant Project Experience of the Firm's / Consortia’s relevant past experience
Sl.No Project Year Locationof
project
Sizeof
project
Client
Award Completio
n
Please provide proof of completed assignments
Signature: _________________ Seal:
Full Name: _________________
Address: _________________
Page 73

Annexure 5: Company Information
Kindly provide the following details for the Firm and Consortium Members:
1. Name of the Firm: ______________________________________
2. Individual and Cumulative Turnover in the last three audited financial years (in INR):
Firm/ Consortium FY 2008-09 FY 2009-10
Lead Member < Amount in INR> < Amount in INR>
Member 1
Member 2
(Please provide Published Annual Account for Balance Sheet and Profit and Loss statements
as Proof)
Signature : _________________ Seal:
Full Name : _________________
Address : _________________
Page 74

Annexure 6: Compliance Statement for General Terms and Conditions
and Special Terms and Conditions
Write "YES" If agreed and accepted otherwise write "NO" and enclose deviations with Clause No.
Clause No. Deviation Sought
Signature : _________________ Seal:
Full Name : _________________
Address : _________________
Page 75

Annexure 7: Compliance Statement for Technical Specifications
Write "YES" If agreed and accepted otherwise write "NO" and enclose deviations with Clause No.
Clause No. Deviation Sought
Signature: _________________ Seal:
Full Name: _________________
Address: _________________
Page 76

Annexure 8: Form of Bank Guarantee Against Advance Payment
Bank Guarantee No. ………………………
Date: …………………..
To
M/s. North Delhi Power Limited
Substation Building, Hudson Lines,
Kingsway Camp,
Delhi-110009
Dear Sirs,
WHEREAS North Delhi Power Limited (NDPL) with its Corporate office at Grid Sub-station
Building, Hudson Lines, Kingsway Camp, Delhi – 110 009. (herein after called ‘The Company’
which expressions shall unless repugnant to the context or meaning thereof include its
successors, administrators, executors and assigns) has awarded to M/s
----------------------------------- (herein after called ‘The Contractor’, which expressions shall unless
repugnant to the context or meaning thereof include its successors administrators, executors
and assigns) a Contract, which expressions shall include any formal Contract executed
subsequent thereto or in suppression thereof and all amendments and / or
modifications/renewals/extensions/addendum therein or in terms of the said advance or the
securities as herein stipulated, for Rs. Vide PO / LOI ref. dated .
AND WHEREAS the Company has agreed to pay advance to the Contractor under the terms of
the Contract as aforesaid , inter-alia a sum of Rs. (hereinafter called the ‘said
advance’ which expressions shall include any and all further amounts advanced by the
Company to the Contractor with reference to the said Contract) upon the condition inter-alia that
the said advance shall without prejudice to any other mode of recovery available to the
Company be recoverable by the Company by deduction from the gross accepted amount of any
running account bill of the Contractor and meanwhile the said advance shall be secured by an
undertaking from a Bank hereinafter appearing.
NOW THEREFORE THESE PRESENTS WITNESSTH that in consideration of the promises
aforesaid and at the request of the Contractor, we, ……………………. (hereinafter called the
‘Bank’) having our registered office at …………………….. so as to bind ourselves and our
successors and assigns DO HEREBY irrevocably and unconditionally undertake to pay the
Company anywhere in India forthwith on first demand with or without any reason in writing from
the Company, without protest or demur or proof of satisfaction and without reference to the
Page 77

Contractor any and all amounts demanded from us by the Company with reference to this
undertaking upto an aggregate limit of Rs.
AND the Bank hereby further agree as follows:
i) The Company shall have the fullest liberty without reference to the Bank under this
undertaking at any time and/or from time to time to vary the said contract and/or any of
the terms and conditions thereof or of the said advance or the securities and/or to extend
time for performance of the said Contract and/or payment of the said advance in whole
or part or to postpone for any time and/or from time to time any said obligations of the
Contractor and/or the rights, remedies or powers exercisable by the Company against
the Contractor either to enforce or forbear from enforcing any of the terms and
conditions of / or governing the said contract and/or the said advance, or the securities, if
any, or any of them available to the Company and the Bank shall not be released from
its liability under these presents and the liability of the Bank shall remain in full force and
effect notwithstanding any exercise by the Company of the liberty with reference to any
or all the matters aforesaid or by reason of time being given to the Contractor or any
other forbearance, or omission on the part of the Company or any indulgence by the
Company to the Contractor of any other act, matter or thing whatsoever which under any
law could (but for this provision) have the effect of releasing the Bank from its liability
hereunder or any part thereof.
ii) It shall not be necessary for the company to proceed against the Contractor before
proceeding against the Bank and the undertaking herein contained shall be enforceable
against the Bank as Principal debtor notwithstanding the existence of any security for
any indebtedness of the Contractor to the Company (including relative to the said
advance or for the securities) and notwithstanding that any such security shall at the
time when claim is made against the bank or proceedings taken against the Bank
hereunder, be outstanding or unrealized.
iii) As between the Bank and the Company for the purpose of this undertaking the amount
claimed or demanded by the Company from the Bank with reference to this undertaking
shall be final and binding upon the Bank as to the amount payable by the Bank to the
Company hereunder.
iv) The liability of the Bank to the Company under this undertaking shall remain in full force
and effect notwithstanding the existence of any difference or dispute between the
Contractor and the Company, the Contractor and the Bank and/or the Bank and the
Company or otherwise howsoever touching or effecting these presents or the liability of
the Contractor to the Company, and notwithstanding the existence of any instructions or
purported instruction by the Contractor or any other person to the Bank not to pay or for
any cause withhold or defer payment to the Company under these presents, with the
intent that notwithstanding the existence of such difference, dispute or instruction, the
Bank shall be and remain liable to make payment to the Company in terms hereof.
v) This undertaking shall not be affected by any change in Bank’s constitution or that of the
Contractor or Company or any irregularity in the exercise of borrowing powers by or on
behalf of the Contractor.
vi) This undertaking shall not be affected by the liquidation, winding up or insolvency, etc.,
or the Contractor seeking protection of any law.
Page 78

vii) This undertaking shall not be revoked by the Bank until its expiry, except with the prior
consent of the Company.
viii) This undertaking shall be in force upto the midnight of Unless a demand or
claim under this undertaking is lodged by the Company in writing with the Bank within
one month from the aforesaid date, i.e., all rights of the Company under this
undertaking shall be forfeited.
ix) The Bank shall upon written request of the Company extend the validity of this
undertaking by a further period of six months.
x) The Bank hereby declare that Shri……………………. who is the …………………
(Designation) of the Bank is authorized to sign this undertaking on behalf of the Bank
and to bind the Bank thereby.
xi) The enforcement of the bank guarantee is unconditional and company need not support
its claim with any supporting proof, documents in order to enforce this Guarantee and
the same shall be payable on mere receipt of a written demand sent by company to
the Bank
Dated this………………. day of ……………………..
Yours faithfully,
Witness:
Signature ………………………
1)
Name ….………………………
2)
Designation …….……………..
Bank seal / stamp …………….
Page 79

Annexure 8a: Form of Bank Guarantee Against Security Deposit
Bank Guarantee No. ………………………
Date: …………………..
To
Kingsway Camp,
Delhi-110009
Dear Sirs,
Building, Hudson Lines, Kingsway Camp, Delhi – 110 009, (herein after called ‘The Company’
which expressions shall unless repugnant to the context or meaning thereof include its
successors, administrators, executors and assigns) has awarded to M/s
------------------------------------ (herein after called ‘The Contractor’, which expressions shall unless
repugnant to the context or meaning thereof include its successors administrators, executors
and assigns) a Contract, which expressions shall include any formal Contract executed
subsequent thereto or in suppression thereof and all amendments and / or modifications therein
or in terms of the said advance or the securities as herein stipulated, for Rs.
________________vide PO/ LOI ______________ dated ___________.
AND WHEREAS the Contractor has agreed to provide an undertaking from the Bank to pay an
amount not exceeding Rs. in lieu of the due and faithful performance of the Contract
and performance of the design and engineering services, strictly as per the terms and
conditions of the Contract (hereinafter called the ‘security’ or ‘securities’) upon the condition
inter-alia that the amount of security shall without prejudice to any other mode of recovery
available to the Company be recoverable by the Company by deduction from the gross
accepted amount of any running account bill of the Contractor.
aforesaid and at the request of the Contractor, we, ……………………. (hereinafter called the
‘Bank’) having our registered office at …………………….. so as to bind ourselves and our
successors and assigns DO HEREBY irrevocably undertake to pay the Company anywhere in
India forthwith on first demand with or without any reason in writing from the Company, without
protest or demur or proof of satisfaction and without reference to the Contractor any and all
amounts demanded from us by the Company with reference to this undertaking upto an
aggregate limit of Rs.
Page 80

The Company shall have the fullest liberty without reference to the Bank under this undertaking
at any time and/or from time to time to vary the said contract and/or any of the terms and
conditions thereof or of the said advance or the securities and/or to extend time for performance
of the said Contract and/or payment of the said advance in whole or part or to postpone for any
time and/or from time to time any said obligations of the Contractor and/or the rights, remedies
or powers exercisable by the Company against the Contractor either to enforce or forbear from
enforcing any of the terms and conditions of / or governing the said contract and/or the said
advance, or the securities, if any, or any of them available to the Company and the Bank shall
not be released from its liability under these presents and the liability of the Bank shall remain in
full force and effect notwithstanding any exercise by the Company of the liberty with reference to
any or all the matters aforesaid or by reason of time being given to the Contractor or any other
forbearance, or omission on the part of the Company or any indulgence by the Company to the
Contractor of any other act, matter or thing whatsoever which under any law could (but for this
provision) have the effect of releasing the Bank from its liability hereunder or any part thereof.
It shall not be necessary for the company to proceed against the Contractor before proceeding
against the Bank and the undertaking herein contained shall be enforceable against the Bank
as Principal debtor notwithstanding the existence of any security for any indebtedness of the
Contractor to the Company (including relative to the said advance or for the securities) and
notwithstanding that any such security shall at the time when claim is made against the bank or
proceedings taken against the Bank hereunder, be outstanding or unrealized.
As between the Bank and the Company for the purpose of this undertaking the amount claimed
or demanded by the Company from the Bank with reference to this undertaking shall be final
and binding upon the Bank as to the amount payable by the Bank to the Company hereunder.
The liability of the Bank to the Company under this undertaking shall remain in full force and
effect notwithstanding the existence of any difference or dispute between the Contractor and the
Company, the Contractor and the Bank and/or the Bank and the Company or otherwise
howsoever touching or effecting these presents or the liability of the Contractor to the
Company, and notwithstanding the existence of any instructions or purported instruction by the
Contractor or any other person to the Bank not to pay or for any cause withhold or defer
payment to the Company under these presents, with the intent that notwithstanding the
existence of such difference, dispute or instruction, the Bank shall be and remain liable to make
payment to the Company in terms hereof.
This undertaking shall not be affected by any change in Bank’s constitution or that of the
Contractor or Company or any irregularity in the exercise of borrowing powers by or on behalf of
the Contractor.
This undertaking shall not be affected by the liquidation, winding up or insolvency, etc., or the
Contractor seeking protection of any law.
This undertaking shall not be revoked by the Bank until its expiry, except with the prior consent
of the Company.
This undertaking shall be in force upto the midnight of unless a demand or claim
under this undertaking is lodged by the Company in writing with the Bank within one month from
the aforesaid date, i.e., , all rights of the Company under this undertaking shall be
forfeited.
Page 81

The Bank shall upon written request of the Company extend the validity of this undertaking by a
further period of six months.
The Bank hereby declare that Shri……………………. who is the ………………… (designation)
of the Bank is authorised to sign this undertaking on behalf of the Bank and to bind the Bank
thereby.
Yours faithfully,
Witness:
1)
Name ….………………………
2)
Page 82

Annexure 8b: Form of Bank Guarantee towards Earnest Money Deposit
Bank guarantee No. ………………………
Date : …………………..
To
Kingsway Camp,
Delhi-110009
Dear Sirs,
Building, Hudson Lines, Kingsway Camp, Delhi – 110 009. (herein after called ‘The Company’
which expression shall unless repugnant to the context or meaning thereof include its
successors, administrators, executors and assigns) has floated /sent a Tender, which
expression shall include any formal Specifications, all amendments and/or modifications therein
or in terms of the securities as herein stipulated, to M/s…………………………………. (herein
after called ‘The Bidder’ which expression shall unless repugnant to the context or meaning
thereof include its successors administrators, executors and assigns), inviting offers, which
expression shall include all documents, terms & conditions, price, etc., as sought in the Tender,
for SPV Plant at Delhi
AND WHEREAS as per the Tender requirements, the Bidder has to provide an undertaking
from the Bank either along with the Offer as intimated by the Company before the finalization of
an agreement/order between the Company and any of the Bidders for the above mentioned
equipment / service / work and Project, to pay an amount not exceeding Rs __________lakhs
(Rupees _________________________ only) (hereinafter called the EMD) to the Company , in
case the Bidder withdraws or deviates from or fails to comply with any of the aspects,
representations made vide its Offer, either in part or in full without the written consent of the
Company or expresses his unwillingness to accept the order placed on the Bidder by the
Company for the above mentioned equipment / service / work and Project.
aforesaid and at the request of the Bidder, we, ……………………. (hereinafter called the ‘Bank’)
having its registered office at …………………….. so as to unconditionally bind ourselves and
our successors and assigns DO HEREBY irrevocably undertake to pay the Company anywhere
in India forthwith on first demand with or without any reason in writing from the Company,
without protest or demur or proof of satisfaction and without reference to the Bidder any and all
amounts demanded from us by the Company with reference to this undertaking upto an
aggregate limit of Rs……………….
Page 83

AND the Bank doth hereby further agree as follows:
i) The Company shall have the fullest liberty without reference to the Bank under this
undertaking at any time and/or from time to time to vary the said Tender and/or ask the
Bidder to vary the Offer and/or any of the terms and conditions thereof or the securities
and/or to postpone for any time and/or from time to time any said obligations of the
Bidder and/or the rights, remedies or powers exercisable by the Company against the
Bidder and either to enforce or forbear from enforcing any of the terms and conditions of
or governing the said Tender and/or the securities, if any or any of them available to the
Company and the Bank shall not be released from its liability under these presents and
the liability of the Bank shall remain in full force and effect notwithstanding any exercise
by the Company of the liberty with reference to any or all the matters aforesaid or by
reason of time being given to the Bidder or any other forbearance, or omission on the
part of the Company or any indulgence by the Company to the Bidder of any other act,
matter or thing whatsoever which under any law could (but for this provision) have the
effect of releasing the Bank from its liability hereunder or any part thereof.
ii) It shall not be necessary for the company to proceed against the Bidder before
any indebtedness of the Bidder to the Company (including relative to the securities) and
notwithstanding that any such security shall at the time when claim is made against the
bank or proceedings taken against the Bank hereunder, be outstanding or unrealized.
iii) As between the Bank and the Company for the purpose of this undertaking the amount
claimed or demanded by the Company from the Bank with reference to this undertaking
shall be final and binding upon the Bank as to the amount payable by the Bank to the
Company hereunder.
iv) The liability of the Bank to the Company under this undertaking shall remain in full force
and effect notwithstanding the existence of any difference or dispute between the Bidder
and the Company, the Bidder and the Bank and/or the Bank and the Company or
otherwise howsoever touching or effecting these presents or the liability of the Bidder to
the Company, and notwithstanding the existence of any instructions or purported
instruction by the Bidder or any other person to the Bank not to pay or for any cause
withhold or defer payment to the Company under these presents, with the intent that
notwithstanding the existence of such difference, dispute or instruction, the Bank shall
be and remain liable to make payment to the Company in terms hereof.
v) This undertaking shall not be affected by any change in Bank’s constitution or that of the
Bidder or Company or any irregularity in the exercise of borrowing powers by or on
behalf of the Bidder.
vi) This undertaking shall not be affected by the liquidation, winding up or insolvency, etc.,
or the Bidder seeking protection of any law.
vii) This undertaking shall not be revoked by the Bank until its expiry, except with the prior
consent of the Company.
viii) This undertaking shall be in force upto the midnight of …………………………. Unless a
demand or claim under this undertaking is lodged by the Company in writing with the
Page 84

Bank within three months from the aforesaid date, i.e., …………, all rights of the
Company under this undertaking shall be forfeited.
ix) The Bank shall upon written request of the Company extend the validity of this
undertaking by a further period of six months.
x) The Bank doth hereby declare that Shri……………………. who is the …………………
(designation) of the Bank is authorized to sign this undertaking on behalf of the Bank
and to bind the Bank thereby.
xi) The enforcement of the bank guarantee is unconditional and Company need not
support its claim with any supporting proof, documents in order to enforce this
Guarantee and the same shall be payable on mere receipt of a written demand sent
by Company to the Bank
Yours faithfully,
Witness:
1)
Name ….………………………
2)
Page 85

Annexure 8c: Format of Bank Guarantee Towards Performance
Parameters (Guaranteed Generation)
North Delhi Power Limited,
Grid Substation Building,
Hudson Lines, Kingsway Camp,
Delhi-110009
Bank guarantee No. ………………………
Date: …………………..
1. Whereas ----------- M/s XX------ a company incorporated under the Companies Act, 1956
having its Registered Office at _________(hereinafter referred to as Contractor) has
entered into an agreement (Mention PO Numbers) dated___________with North Delhi
Power Limited a company incorporated under the Companies Act, 1956 having its
Registered Office at __________________(herein after referred to as NDPL which
expressions shall unless repugnant to the context or meaning thereof include its successors
administrators, executors and assigns) .
2. And Whereas vide the said Agreement the Contractor has agreed to provide the
services as agreed to NDPL in relation to supply ,installation , operation and maintenance of
solar plants subject to the terms and conditions as contained therein .
3. And Whereas the said Agreement in terms provides for certain agreed performance
parameters as assured by the Contractor in terms of the Tender floated by NDPL and
subsequently revised vide deliberations, discussions amongst the successful bidders and
NDPLand such assured performance parameters undisputedly constitute the essential
terms of the Agreement.
4. And Whereas the Contractor has further vide the said agreement undertaken to furnish
in favour and for the benefit of NDPL a irrevocable and unconditional bank guarantee , in
order to safeguard the interests of NDPL and to ensure continued delivery of guaranteed
generation parameters as assured in and in accordance with clause -------- of the said
agreement . The guarantee is to be tendered for a period of first 3 years after
commissioning of the solar plant.
5. And whereas the term Contract for the purpose of this guarantee shall include and refer
to any other formal document executed subsequent to the execution of the
_________dated________ in addition / suppression / variation thereof and/or any / all
amendments and / or modifications/renewals/extensions/addendum made thereto.
6. NOW THEREFORE THESE PRESENTS WITNESSTH that in consideration of the
promises aforesaid and at the request of the Contractor, we, ……………………. (hereinafter
called the ‘Bank’) having our registered office at …………………….. undertake to bind
ourselves and our successors and assigns and further do and hereby irrevocably and
unconditionally undertake to pay to NDPL , in Delhi , forthwith on first demand without
Page 86

seeking any reason and without any protest or demur or insistence on prior proof of
satisfaction as also without reference to the Contractor any and all amounts demanded from
us by NDPL with reference to this guarantee not exceeding Rs._____
7. That NDPL shall have the fullest liberty without reference to the contractor at any time
and/or from time to time to vary the said contract and/or any of the terms and conditions
thereof or and/or to extend time for performance of the said Contract whether in whole or
part or to postpone for any time and/or from time to time any said obligations of the
Contractor and/or the rights, remedies or powers exercisable by the Company against
the Contractor either to enforce or forbear from enforcing any of the terms and
conditions of / or governing the said contract and/or the securities, if any, available to
NDPL and the Bank shall not be released from its liability under these presents and the
liability of the Bank shall remain in full force and effect notwithstanding any exercise by
NDPL of any such liberty vested with it with reference to any or all the matters
aforesaid or by reason of extension of time being given to the Contractor or any other
forbearance, or omission on the part of NDPL or any indulgence by NDPL of any other
act, matter or thing whatsoever which under any law could (but for this provision) have
the effect of releasing the Bank from its liability hereunder or any part thereof.
8. That it shall not be necessary for NDPL to proceed against the Contractor before
any indebtedness of the Contractor to NDPL and notwithstanding that any such security
shall at the time when claim is made against the bank or proceedings taken against the
Bank hereunder, be outstanding or unrealized.
9. That as between the Bank and NDPL for the purpose of this guarnatee the amount
claimed or demanded by NDPL from the Bank with reference to this guarantee shall be
final and binding upon the Bank as to the amount payable by the Bank to NDPL
hereunder.
10. That the liability of the Bank to NDPL under this guarantee shall remain in full force and
effect notwithstanding the existence of any difference or dispute between the Contractor
and NDPL or between the Contractor and the Bank and/or the Bank and NDPL or
otherwise howsoever touching or effecting these presents or the liability of the
Contractor to NDPL , and notwithstanding the existence of any instructions or purported
instruction by the Contractor or any other person to the Bank not to pay or for any cause
withhold or defer payment to NDPL under these presents, with the intent that
notwithstanding the existence of such difference, dispute or instruction, the Bank shall
be and remain liable to make payment to NDPL in terms hereof.
11. That this guarantee shall not be affected by any change in Bank’s constitution or that of
the Contractor or NDPL or any irregularity in the exercise of borrowing powers by or on
behalf of the Contractor.
Page 87

12. That this guarantee shall not be affected by the liquidation, winding up or insolvency,
etc., of the Contractor seeking protection of any law.
13. This guarantee shall not be revoked by the Bank until its expiry, except with the prior
consent of NDPL.
14. This guarantee shall be in force upto the midnight of ____Unless a demand or
claim under this undertaking is lodged by the Company in writing with the Bank within
one month from the aforesaid date, i.e., ____all rights of the Company under this
undertaking shall be forfeited.
15. The enforcement of the bank guarantee is unconditional and company need not support
its claim with any supporting proof, documents in order to enforce this Guarantee and
the same shall be payable on mere receipt of a written demand sent by company to
the Bank
Yours faithfully,
Witness:
1)
Name ….………………………
2)
Page 88

Annexure 8d: Format of Corporate Guarantee Towards Performance
Parameter (Guaranteed Generation)
Corporate Guarantee No. ………………
Date: …………………..
To
Sub Station Building, Hudson Lines
Kingsway Camp,
Delhi-110009
Corporate Guarantee
This Corporate Guarantee Reference No. -----------has been executed at Delhi on this ------ day
of ----------2010.
By
M/S XXX a company incorporated under the Companies Act, 1956 having its Registered Office
at --------------------- acting through Mr. XY (CEO) (hereinafter referred to as Guarantor which
expression shall unless repugnant to the context in which the same shall be used mean and
include its successors in interest and permitted assigns
In favour of:
North Delhi Power Limited, a company incorporated under the Companies Act, 1956 having
its Registered Office at Grid Substation, Building, Hudson Lines, Kingsway Camp, Delhi 110
009 acting through Mr. YY hereinafter referred to as Beneficiary which expression shall unless
repugnant to the context in which the same shall be used mean and include its successors in
interest and permitted assigns)
That both Guarantor and Beneficiary have been hereinafter referred to as Party when taken
individually and as Parties when taken in conjunction with each other.
Recitals:
Whereas NDPL had floated a tender inviting bids for Design, Manufacture, Supply, Erection,
Testing and Commissioning of ------- kWp Grid Connected Solar Photovoltaic Power Plant with
associated Power Evacuation Arrangement on turnkey basis, whereby Guarantor was selected
as the successful bidder and was awarded a contract for supply, erection, testing &
commissioning and annual maintenance of the product there under vide PO No. ------- (Please
Page 89

Specify LOI & PO No.) dated XX/XX/2010 (hereinafter referred to as Purchase order read with
the General terms and conditions thereof).
And whereas the parties have after mutual discussions and in addition to the terms, conditions
contained in the PO agreed upon execution of the present corporate guarantee to record the
assured (i) performance parameters (Annexure A) and (ii) certain other obligations by the
Guarantor to the Beneficiary (Annexure A)
And Whereas it has been expressly agreed by the Parties that this guarantee is being executed
and furnished by the Guarantor in favour of beneficiary in addition to any other security which
the latter may avail under the terms of the PO read with other terms and conditions , GCC
thereof .
In the mutually agreed representations, promises and Commitments thereof this
Guarantee witnesseth as follows:
1. That this Guarantee shall be valid for a period of 20 years from the date of execution
contained above. However, the same shall run commensurate with the term/tenure of the
PO dated xx/xx/2009 and shall be subject to any extension thereof, as may be mutually
agreed between parties.
2. That the Guarantor further assures and undertakes that in the event of any replacement or
repairs of the product, installations etc. is required to maintain the level of performance
committed to beneficiary, the same shall be carried out by the Guarantor at it sole cost/
expense including requisite support services such as manpower , spare parts etc.
3. That the Guarantor hereby irrevocably and unconditionally undertakes to bear and keep
Beneficiary indemnified and harmless against any/all losses including loss of revenue/
damages/ actions / compensation/ fines/ forfeitures /penalties/ proceedings/ claims or the
like suffered by Beneficiary or to which it might get exposed to as a result of any non
performance / poor performance , defect in product/ its installations , deficiency in any
services required to be rendered in association therewith or the like , as assured by
Guarantor for effective discharge of its obligations as contained in the said PO and /or due
to failure to comply with any /all applicable laws , willful misconduct , breach or negligent
exercise thereof .
4. That any amount so claimed by the Beneficiary for breach of assurances of guarantor
shall be payable on mere demand and need not be supported by any actual determination
thereof. That the decision as to whether there has been an instance warranting the
invocation of this guarantee shall be at the sole discretion of Beneficiary and it shall not be
open to the Guarantor to question the same or insist on exhaustion of the other remedy(ies)
/ security(ies) first which may be available to Beneficiary against the Guarantor .
5. That in case this Guarantee is sought to be withdrawn at any time during the subsistence of
the valid agreement contained in the PO in favour of the Guarantor, the Beneficiary shall
have the absolute right to terminate the PO and treat such withdrawal / attempt thereof as
an event of default on the part of the Guarantor. The beneficiary may resort to appropriate
legal action without prejudice to invoking remedy under this Guarantee. Further this
Guarantee shall continue to be valid in favour of the Beneficiary despite there being any act,
omission or indulgence to the contrary on the part of the Guarantor.
6. In the event any claim being sought by beneficiary for breach of the assurances under this
guarantee and the PO, the beneficiary shall raise a written demand for the amount (limited
Page 90

to a maximum of Rs. --------- (Mention Figure) i.e. Rupees -------- (Mention in Words)
claimed upon the Guarantor, to be payable unconditionally within 10 days of receipt of such
demand. Guarantor shall, upon receipt of such demand notice from beneficiary for the
claim as specified in the aforesaid Clause 5, undertakes to discharge the same without any
demur, protest failing which the Guarantor shall be also liable to pay interest 18% p.a. for
the period of default.
7. That this Guarantee shall not be affected by the change in constitution /Management of the
Guarantor or the Beneficiary.
8. That this Guarantee shall subsist and remain valid throughout the term as specified above,
notwithstanding the same has been invoked on one or more occasion(s) by the Beneficiary
at any time during the term of this Guarantee.
9. That any variation to the terms of this Guarantee shall not be effective unless mutually
agreed reduced to writing and duly signed by both the Parties.
10. That it has been assured by the Guarantor and the Executant herein that it has legal
sanction and competency to execute this Guarantee and that the same is not in abrogation
of any law or management decision governing the Guarantor.
11. This guarantee will constitute a separate and independent obligation on the part of
Guarantor and shall continue in full force and effect so long as the Guarantor’s liability
under the guarantee to Beneficiary continues.
Executed by Accepted by
For M/S XX For North Delhi Power Limited
Signatures Signatures
Name: Mr. XX Name Mr. XY
Designation: Chief Executive Officer Designation General Manager
Guarantor: Beneficiary
Page 91

Annexure 9: Quality Testing of PV Module
Quality Testing of PV-Module
Modules used in crystalline PV solar panels shall have IEC 61215 compliance certificate. The
qualification testing procedure is defined in IEC 61215 to examine the impact of mechanical,
thermal & electrical stress on power output. The bidder shall submit appropriate type approval
certificate for the offered solar modules from IEC approved laboratory. Similarly Thin Film Solar
panels shall be IEC 61646 compliant
Method of Testing
1. Visual Inspection:
Each module shall be carefully inspected under an illumination of not less than1000 lux
for the following conditions:
a. Cracked, bent, misaligned or torn external surfaces.
b. broken / cracked cells
c. faulty interconnections or joints;
d. cells touching one another or the frame;
e. failure of adhesive bonds; bubbles or delaminations forming a continuous path
f. between a cell & edge of the module;
g. faulty terminations, exposed live electrical parts
h. Junction box should have common terminals with suitable bypass diode for
preventing hot spot problem.
2. Performance at STC: (As per IEC 61215:2005 & IEC61646)
The current-voltage characteristics of the module shall be determined in accordance with
IEC 60904-1 at a specific set of irradiance & temp conditions
Performance of PV-Module shall be generally evaluated at Standard-Test-Conditions
(STC) as defined in IEC 60904 standards:
• cell temp of 25° C,
• incident solar irradiance of 1000W/m2,
• spectral distribution of light spectrum with an air mass AM=1.5
Page 92

3. Dry Heat test (As per IEC) - at 85°±2° C for 16 hours.
4. Cold Test (As per IEC): -40°±3° C for 16 hours.
5. Rapid change of temperature (As per IEC): Module shall be exposed alternately for 30
minutes to hot chamber at 80°C±2°C & to cold chamber at –40°C. Ten such cycles shall
be carried out.
6. Composite temp/humidity test (As per IEC): Test shall be carried out as mentioned in
IEC specification.
7. Acceptance Criteria:
The Module is deemed to have passed the tests if the sample meets the following criteria:
a. There is no evidence of a major visual defect such as a cracked or broken window,
bubbles or de-lamination in the encapsulant etc.
b. There are no cell breakages & no water infiltration into terminal boxes.
c. No sample exhibits any open circuit or ground fault.
d. No visible evidence of major defects that may affect the performance of the module.
e. Insulation Resistance not less than 50M-ohm at 500 V DC.
f. Degradation of performance may not exceed 5% after each single test or 8% after the
whole sequence.
Page 93

Annexure 10 A: Solar Module Data Sheet (Crystalline PV)
Parameters Required Offered
PV Module Manufacturer
name & Country
To be mentioned
PV Module type Multi/Mono crystalline
No. of PV cells per Module 72
Solar module frame material Anodized Aluminum
Module dimensions To be mentioned
Module weight To be mentioned
Output cables Polarized weatherproof DC rated multicontact
connectors
Junction Box Weather resistant HDPE (IP65)
Construction Front: High transmission tempered glass,
Back: Polyester Encapsulant EVA
Max. Temperature rise of
solar cells under severe
working conditions over
Max. Ambient Temp.
To be mentioned
Nominal voltage To be mentioned
Nominal Wattage To be mentioned
Power Tolerance ±3%
Peak power voltage (Vmp) To be mentioned
Peak Power current (Imp) To be mentioned
Open circuit voltage (Voc) To be mentioned
Short circuit current (Isc) To be mentioned
Weight of each module To be mentioned
Fill Factor 0.7
Temperature coefficient of
Isc
(0.065±0.015)%/ºC
Voc
-(160±20)mV/ºC
power
-(0.5±0.05)%/ºC
Maximum system voltage 600/1000V
Maximum series fuse rating 15A
NOCT (Air 20 ºC, Sun
0.8kW/m², Wind 1m/s)
47±2 ºC
Standards / Approvals from
International Agencies
IEC 61215/ IEC 61730, TUV, UL
Temperature cycling range -40 ºC to +85 ºC
Humidity 85% RH
Static load (front and back) 2400 pascals
Hailstone impact 25mm at 23m/s
Page 94

Annexure 10 B: Solar Module Data Sheet (Thin Film PV)
Parameters Required Offered
PV Module Manufacturer
name & Country
To be mentioned
PV Module type Thin Film Amorphous Silicon/micro crystalline/
Copper Indium Gallium Diselenide (CIGS).
No. of PV cells per Module
matrix
216
Solar module frame material Frameless
Module dimensions To be mentioned
Module weight To be mentioned
Output cables Polarized weatherproof DC rated multicontact
connectors
Junction Box Weather resistant HDPE (IP65)
Construction Front: High transmission tempered glass,
Back: Polyester Encapsulant EVA
Max. Temperature rise of
solar cells under severe
working conditions over
Max. Ambient Temp.
To be mentioned
Nominal voltage To be mentioned
Nominal Wattage To be mentioned
Power Tolerance ±3%
Peak power voltage (Vmp) 147 V
Peak Power current (Imp) 2.52 A
Open circuit voltage (Voc) 189 V
Short circuit current (Isc) 3.03 A
Weight of each module To be mentioned
Fill Factor Atleast 0.6 (higher shall be preferred).
Isc
(0.09)%/ºC
Voc
-(0.33)%/ºC
power
-(0.2)%/ºC
Maximum system voltage 600/1000V
Maximum series fuse rating 15A
NOCT (Air 20 ºC, Sun
0.8kW/m², Wind 1m/s)
47±2 ºC
Standards / Approvals from
International Agencies
IEC 61646/ IEC 61730, TUV, UL
Temperature cycling range -40 ºC to +85 ºC
Humidity 85% RH
Static load (front and back) 2400 pascals
Max Wind Resistance To be mentioned
Page 95

Annexure 10C: Power Conditioning Unit
Operating Parameters Required Offered
Make Reputed Manufacturers like SMA,ABB etc.
Nominal Output Voltage 230/415 volts ±1% three phase, 4 Wire output, grid
tracking
Nominal voltage shall be adjusted by ±10% via
system set points
Output Frequency 50Hz ± 0.5%
Inverter to follow grid frequency up to ±3Hz of the
nominal output frequency during normal operation
Continuous Rating To be mentioned
Max DC Link Voltage Range To be mentioned
MPPT Range To be mentioned
Control Type Voltage source, microprocessor assisted output
regulation
Waveform DSP/Microcontroller generated PWM for low THD,
sinewave output
Parallel Operation Power
Control
Phase Controlled Pulse Width Modulation (PWM)
THD Less than 3%
Efficiency Up to 94%
Internal Protection System
(using electronic detection)
 Inverter continuous overload protection
 Inverter peak current (short circuit) protection
 Heatsink over temperature protection
 Over/under grid voltage AC voltage protection
 Over/under grid frequency protection
 Anti islanding protection
Alarm Signals Via system fault relay (voltage free contact)
Front Panel Display (LCD) 40x4 LCD panel with membrane keypad displaying
the following:
 Inverter per phase voltage, current, kW, kVA and
frequency
 Grid voltage and frequency
 Inverter (grid) on line status
 PV panel voltage
 Solar charge current and ambient temperature
 Individual power stage heat sink and cabinet
temperature
 Solar radiation
 Inverter import & export kWh summation
 Solar kWh
 System set points and event logs
Front Panel Controls (via
keypad)
To be mentioned
Page 96

Front Panel Indicators To be mentioned
Circuit Breakers  Grid Input
 Solar Input
RFI Designed to minimize both conducted and radiated
RFI emissions
Earthing Provisions AC bypassing to earth on inverter and DC inputs
ENVIRONMENTAL
Operating Temperature
Range
5-50 degrees Celsius
Humidity 0-90% non condensing
Enclosure Rated for IP30 (indoor application)
ENCLOSURE
Dimensions To be mentioned
Weight To be mentioned
GRID SPECIFICATIONS
Nominal Voltage &
Frequency
230/400 volts 50Hz, 3 phase, 4 wire.
Typical voltage tolerance:
+15% and -90% for any two of the 3 phases
+15% and -20% for the remaining phase
Typical frequency tolerance +/- 3Hz
DATA LOGGING
Communication Interface RS232/RS485. Modbus/Profibus/Telephone Modem
System Features  Adjustable logging repetition from 1 sec to 900
seconds
 Storage capacity of up to 3 year with 10 min logs
 Time and date stamped log entries
 Time and date annotated fault log, holding the
fault description
and operating statistics
 View and change system setpoint configurations
remotely
 Bulk log download for data importation into a
spreadsheet where applicable

Logging Attributes A summary of the data logging abilities to be
supplied with the control system for instantaneous
viewing and periodic logging are listed below:
SYSTEM SUMMATIONS
 Inverter import and export kWh
 Solar kWh
 Hours run
SYSTEM PARAMETERS
 Inverter volts, amps, kW, kVA, frequency
Page 97

 Grid volts and frequency
 Solar panel temperature
 Ambient temperature
 PV panel voltage
 Solar charge current
 Heat sink & cabinet temperatures
 Solar radiation (with external pyranometer)
Page 98

Annexure 11A: Schematic Diagram (Typical)
Sr.
No.
Project Location Approximate
Area ( sq. m)
Capacity
(KWp)
1. RG 22 Grid, Sector 22, Rohini, Delhi 600 50
2. Shahzadabagh Grid, Delhi 735 60
3. Inder Puri Grid & District Office,
Narela
875 48.5
4 PP-2 grid 3150 225
5 CENPEID, Rohini Sec-11 3000 250
Page 99

Annexure 11b: Project Site View
225 KWp Pitam Pura II
Page 100

60 KWp- Shahzadabagh Grid
Page 101

48.5 KWp-Inderpuri Grid
Page 102

50 KW-RG 22
Page 103

Annexure 12: Evaluation Parameters
Sr. No Description Points
1 Technical
1.1 Guaranteed energy generation for sale per
annum (kWh) over a 25 year period.
Please give the figure in KWH &
MUs
Subtotal 1 10
Page 104

Annexure 12 A: Quarterly Generation Data Sheet
End
of
Year
Yearly
Degradation
Generation
(Quarter -1)
(MUs)
Generation
(Quarter -2)
(MUs)
Generation
(Quarter -3)
(MUs)
Generation
(Quarter -4)
(MUs)
Total
Yearly
Generation
(MUs)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15
16
17.
18.
19.
20.
21.
22.
23.
24.
25.
Annexure 13: Commercial Price Bid
(Please submit Individual Sheets for each Project bid by the bidder.)
Capacity of the Solar PV Plant : ____________________________________
Page 105

Location of the Solar PV Plant : ____________________________________
Sr
No.
Description Qty Units Amount
(INR)
Taxes &
Duties (INR)
Total Amount
inclusive of
Taxes & Duties
(INR)
1.
Design, Manufacture,
Supply, Packing and
Forwarding and
Transportation to site
of the Solar PV Plant &
Equipment including
Tools & tackles and
Spares
2.
Unloading at Site,
Erection, Testing and
Commissioning of
Solar PV Plant
3 Annual Maintenance
Contract rate for 5
years
4 Grand Total
Page 106

Rfp document for Solar PV Project in Delhi

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Rfp document for Solar PV Project in Delhi