Nuclear Power Corporation of India › tender_document › tender_35724 › ... · 2018-05-07 · e-TPT/SUPPLY-1 Tender Fees Rs.5900/- NUCLEAR POWER CORPORATION OF INDIA LIMITED (A

e-TPT/SUPPLY-1

Tender Fees Rs.5900/-

NUCLEAR POWER CORPORATION OF INDIA LIMITED (A Government of India Enterprise)

DIRECTORATE OF CONTRACTS & MATERIALS MANAGEMENT

Tender No. CMM/OPS/58-50-09-3164

TENDER DOCUMENT

FOR

TWO PART TENDER

FOR

SUPPLY, INSPECTION, TESTING, INSTALLATION & COMMISSIONING, SITE ACCEPTANCE TESTING OF LEAD ACID BATTERY CELLS, SUITABLE FOR 360 V DC BATTERY BANK. DECOMMISSIONING AND BUY-BACK OF EXISTING BATTERY BANK ( KGS -3&4). SECTION-A : INVITATION TO TENDER AND TENDERING CONDITIONS SECTION-B : GENERAL CONDITIONS OF CONTRACT (GCC/SUPPLY-1/R-4) SECTION-C : TECHNICAL SPECIFICATIONS OF STORES SECTION-D : FORMAT FOR SUBMISSION OF PART-I

(TECHNICAL AND COMMERCIAL BID EXCEPT PRICE) SECTION-E : FORMAT FOR SUBMISSION OF PART-II (PRICE BID) OF THE TENDER

e-TPT/SUPPLY-1

NUCLEAR POWER CORPORATION OF INDIA LIMITED

(A Government of India Enterprise) Directorate of Contracts and Materials Management

TWO PART TENDER FOR INDIGENOUS ITEMS


Last Date for Receipt of both Part-I (Technical & Commercial Bid except price) and Part-II (Price bid) of the Tender: As indicated in NIT

To

M/s. ________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

Dear Sirs,

Sub: SUPPLY, INSPECTION, TESTING, INSTALLATION & COMMISSIONING, SITE ACCEPTANCE TESTING OF LEAD ACID BATTERY CELLS, SUITABLE FOR 360 V DC BATTERY BANK. DECOMMISSIONING AND BUY-BACK OF EXISTING BATTERY BANK (KGS -3&4) This booklet contains invitation to tender, tendering conditions, contracting conditions and specifications of stores required by us. The tenders in respect of this case are to be submitted in TWO PARTS in on-line bidding forms at https://npcil.etenders.in only. If you are interested to quote, please go through the contents particularly the tendering conditions and ensure that your e-bid submission shall be completed on or before the last date and time as indicated in Notice Inviting Tender (NIT).

Yours faithfully,

-Sd/- S.M. Mohamed Mansur

General Manager(C&MM) For and on behalf of Nuclear Power Corporation of India Ltd. (The Purchaser)

e-TPT/SUPPLY-1 Page 1 of 2

NUCLEAR POWER CORPORATION OF INDIA LIMITED (A Government of India Enterprise)

DIRECTORATE OF CONTRACTS & MATERIALS MANAGEMENT

Phone No. 91-22-2599 3000 / 1000 Fax No. 91-22-2558 0741

Tender Section, A-'0' Block,

Ground Floor, Nabhikiya Urja Bhavan, Anushakti Nagar, Mumbai 400 094.

INSTRUCTION SHEET Instruction to Tenderers indicating the tender number, last date and time for receipt and opening of on-line tender through NPCIL’s e-tendering web site. Tender No. :CMM/OPS/58-50-09-3164 1.0 Last date for submission Online both Part I

(Technical and Commercial bid except price) and Part II (Price bid) on our NPCIL’s e-Tendering web site https://npcil.etenders.in . All e-Bids shall be submitted through “On-line Bidding Forms” provided at our above web site only. No bid is accepted in manual mode.

: As per NIT

2.0 Due Date and Time for On-Line

Opening of Part-I of the e-Tender i.e. (Technical and Commercial Bid except Price) at our NPCIL’s e-Tendering web site https://npcil.etenders.in.

: As per NIT

3.0 Due date and time for On-line opening of Part-II (Price bid) of the bidder will be decided by the Purchaser and the same shall be intimated only to those bidders, whose e-bids are found acceptable in Part-I, in advance.

4.0 Opening of e-Tenders:

Part-I (Technical and Commercial e-Bid except price) will be opened on-line as per the schedule and the details of the bids submitted by the bidders will be made available for all the bidders. Part-II (Price bid) of only such Bidders whose Part-I bids are found acceptable will be opened on-line as per the schedule after evaluation of their Part-I e-Bids. Subsequent to the opening, details of the Part-II bids opened can be seen by the bidders whose Part-I (Technical and Commercial e-Bid except price) bids are qualified.

e-TPT/SUPPLY-1 Page 2 of 2

5.0 The Tenderers shall take note of the following important aspects of the Two Part Tendering.

5.1 Two Part Tender shall be defined as under:

Part I - Technical & Commercial Bid except Price Part-II - Price Bid

5.2 Both Part-I & Part-II together form the complete bid. Therefore both the parts are

required to be submitted on-line within the due date and time indicated in Para 1.0. The system will not allow submitting e-Bids after the due date and time stipulated for their submission. Therefore, the bidders shall ensure submission of their e-Bids well within the due date and time.

5.3 The Commercial terms and conditions without price shall be submitted along with Part-I – Technical and Commercial bid except price in the relevant on-line bidding forms provided in the Part-I e-envelope.

5.4 Part-II – Price bid shall contain only the quantity schedule and price as per the

relevant on-line bidding forms provided in the Part-II e-envelope.

5.5 The Tenderer shall take special care not to mix up price details submitted against Part-II (Price bid) with Part-I (Technical and Commercial bid except price) and vice versa. Any violation of this condition may lead to rejection of his tender.

5.6 Pre-bid meeting for providing clarifications to the Tenderers will be held online. For this purpose, Tenderers should send their queries (both Technical and Commercial) at least 3 (three) days before the date of pre-bid meeting by email to [email protected] in MS Excel file strictly in the format given in Appendix-Y only.

6.0 All communications other than in e-mode form, if necessitated, in respect of Two

Part Tenders shall be addressed only to the Executive Director, Directorate of Contracts and Materials Management, Nuclear Power Corporation of India Ltd., Nabhikiya Urja Bhavan, A-'0' Block, Ground Floor, Anushakti Nagar, Mumbai-400 094, from the date of publishing of e-tender and till the finalization of the e-tender and to no other authority in NPCIL as per the conditions stipulated in the enclosed Invitation to Tender and Tendering Conditions.

7.0 In case the due date for On-line opening of the e-tender happens to be a holiday in NPCIL, e-tender will be opened on-line on the next working day.

8.0 Any future changes / notifications including extension of bid due date pertaining to this tender, will be published hoisted only on website ie. https://npcil.etenders.in

* * *

TPT/SUPPLY-1

SECTION – A

INVITATION TO TENDER AND TENDERING CONDITIONS


SECTION-A

INVITATION TO TENDER AND TENDERING CONDITIONS FOR SUPPLY OF INDIGENOUS STORES

(TWO PART E-TENDER)

Index

Contents Page Nos.

1. Invitation To Tender (ITT) 3

2. Qualifying Requirements 4

3. Expenses towards Submission of Quotations and Liability towards Site Visit / Work

4

4. Content of Tender Document 4

5. Manner And Method For Submission Of E-Bids 6

6. Agency for clarification/ confirmation regarding Tender 8

7. Opening of Tenders 8

8. Terms and Conditions of the Contract 9

9. Taxes and Duties 9

10. Test Charges, Spares and Accessories AND Supervision of Erection & Commissioning Charges.

9

11. Delivery 10

12. Evaluation of Part-I E-Bid (Technical and Commercial except

price E-Bid) 10

13. Opening of Part-II (Price E-Bid) 12

14. Validity of E-Bids 12

15. Evaluation of PART-II: Price E-Bid 12

16. Acceptance of E-Bids 14

17. Consortiums 14

NUCLEAR POWER CORPORATION OF INDIA LIMITED Invitation To Tender and Tendering Conditions for Supply of Indigenous Stores

e-TPT/SUPPLY-1 ITT 2 of 18

Contents

Page Nos.

18. Canvassing

15

19. Corrupt or Fraudulent Practices

15

20. Banning of Business Dealings by NPCIL 16

21. Civil Liability for Nuclear Damages(CLND) Act 2010 & Rule

2011 thereof 17

22. Disclosures

18



SECTION-A

INVITATION TO TENDER AND TENDERING CONDITIONS

FOR SUPPLY OF INDIGENOUS STORES (TWO PART e-TENDER)

1. Invitation To Tender (ITT) 1.1 The Executive Director, Directorate of Contracts and Materials Management (C&MM),

Nuclear Power Corporation of India Limited (NPCIL), a Government of India Enterprise, invites e-Bids from Indian Tenderers, by e-mode at NPCIL’s e-Tendering Web Site - https://npcil.etenders.in through a Two Part Tender format, for Supply, Inspection, Testing, Installation & Commissioning, Site Acceptance Testing of Lead Acid Battery Cells, Suitable For 360 V Dc Battery Bank Decommissioning and Buy-Back Of Existing Battery Bank (KGS-3&4), as per the specifications detailed in Section “C” to this tender The conditions of contract, which will govern the contract pursuant to the tender are as contained in Section B of this tender document. If you are in a position to quote for supply in accordance with the technical specifications indicated in Section “C” to this tender document and as per conditions in Section B please submit your e-Bid in a manner and method specified hereinafter. It is in the interest of the Tenderers to ensure that the e-Bids are submitted well in time. e-Bids shall be submitted only on our NPCIL e-Tendering Web Site i.e. https://npcil.etenders.in Bids in hard copy/any other form shall not be accepted in any case.

1.2 The Tender Fee as prescribed shall be paid ON-LINE, upon which the participation in the Tender process is allowed.

The Micro and Small Enterprises (MSEs) having a valid Udyog Aadhar Memeorandum (UAM) no. are exempted from payment of Tender Fee. Further, the MSEs registered with District Industries Centre's or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation (NSIC) or Directorate of Handicrafts and Handlooms or any other body specified by the Ministry of MSME are also exempted from payment of Tender Fee. However, the MSEs are advised to register themselves in Udyog Aadhar Memorandum (UAM) of Ministry of MSME. The MSE bidders must upload a copy of above referred registration certificate along with the bid, failing which such bids shall be rejected. i) Wherever, the certifying agency is issuing the registration certificate with terminal validity, the MSE must also indicate the terminal validity date for their registration. The MSE should upload certificate valid as on date for submission of tender. In case such a certificate claiming exemption from payment of Tender Fee is found to be defective or invalid, such bids shall be rejected. Or ii) Wherever the certifying agency is issuing registration certificate without terminal validity, the same shall be submitted for claiming exemption from payment of Tender Fee. In case such a certificate claiming exemption from payment of Tender Fee is found to be defective or false, such bids shall be rejected.

1.3 In case of Public Tender (PT) there is no restriction for participation in the Tender. In case of Limited Tenders (LT) or Single Tenders (ST), participation is allowed only to the intended bidders



who can do online submission of their bids. However, the Tenderers are required to meet the Qualification Criteria stipulated, if any, under the Tender.

1.4 One Bid per Bidder: Each bidder shall submit only one e-Bid for this tender. A bidder who

submits or participates in more than one e-Bid for this tender will cause the bidder’s participation to be disqualified for all such e-bids.

In addition, if any Tender’s participation herein leads to Conflict of Interest, their bid is liable to be rejected.

2 Qualifying Requirements

2.1 Refer to Appendix ‘X’ for the details of the requirements need to be met by the bidders. 2.2 The bidders while submitting the e-Bid are required to upload all supporting documents /

information necessary for establishing their qualification in e-Envelope only on the e-portal.

2.3 A bidder participating in this tender can participate either as a contractor or as a sub-contractor, but not as both contractor and sub-contractor of another contractor. However, a sub-contractor can participate as sub-contractor to more than one contractor.

2.4 Tender documents shall be downloaded by those bidders who prima facie meet the qualification requirements as in ITT clause 2.1 above. While the system may allow the submission of offer, such allowance shall not be construed to be automatic qualification of the Tenderer for this Tender

2.5 The bidder should not be under liquidation, court receivership or similar proceedings. 2.6 Integrity Pact (IP) & Integrity Pact Security (IPBG or Demand Draft) – NOT APPLICABLE. 3 Expenses towards Submission of Quotations and Liability towards Site Visit / Work 3.1 The Purchaser shall not be responsible for expenses incurred towards preparation and

submission of e-Bid as well as other associated expenses such as site visits. 3.2 In case of erection and commissioning, repairs and such other jobs wherein the bidder’s

personnel or authorised representatives need to visit the Purchaser’s site, they can do so only after obtaining the prior permission of the Purchaser’s site authorities. However, such Tenderer’s whose personnel are granted permission, are deemed to have explicitly agreed to the condition that they shall indemnify and hold harmless the Purchaser and its personnel from and against all liabilities with respect to personal injury, loss or damage to property and any other loss or expenses incurred by bidder’s personnel as a result of such visit.

4 Content of Tender Document 4.1 The scope of work, bidding procedures, contract terms and technical requirements are

prescribed in the bidding documents. The Tender documents include the following sections:

(a) Instruction Sheet (b) Section A: Invitation to Tender and Tendering Conditions (c) Section B: General Conditions of Contract and Special Conditions of Contract. (d) Section C: Technical Specifications & Drawings (e) Section D: Format for Submission of Part-I e-Bid (Technical and Commercial e-Bid

except Price e-Bid) (f) Section E: Format for Submission of Part-II e-Bid (Price e-Bid).



4.2 The bidder is expected to examine all instructions, forms, terms, specifications and other

information in the tender documents. Failure to furnish all information required by the bidding documents or submission of a E-bid not substantially responsive to the bidding documents in every respect will be at the bidder’s risk and may result in rejection of their -bid.

4.3 Clarification of Tender Documents: 4.3.1 The bidder shall be deemed to have carefully examined all Tender documents and

obtained clarifications from the Purchaser where needed, inspected and surveyed the Site and its surrounding and satisfied himself as to the form and nature of the Site, the quantities and nature of work and material necessary for the supply of the Stores and the means of access to the Site, the accommodation he may require and in general obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect his tender, to his entire satisfaction before submitting the e-Bid.

4.3.2 In particular and without prejudice to the foregoing conditions and in addition thereto,

when tenders are called for furnishing the Particulars, the bidder’s tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and satisfied himself before tendering as to the correctness and sufficiency of his tender for the Stores and of the rates and prices quoted in the Schedule of Quantities., The rates and prices shall, except as otherwise provided, cover all his obligations under the Contract and all matters and things necessary for the Supply of the Stores and Services

4.3.3 The Tenderer acknowledges that any failure to acquaint itself with all such data and

information shall not relieve their responsibility for properly estimating the difficulty or cost of successful execution of the Tender scope towards completion of the Particulars..

4.3.4 No claim on his part which may arise on account of non-examination or misunderstanding of

the Particulars and/or matter related to site will, in any circumstances, be considered payable by the Purchaser.

4.4 Pre-Bid Meeting: A pre-bid meeting for providing clarifications to the bidders will be held

ON-LINE unless specified otherwise, on the date and time specified in the Notice Inviting Tender(NIT) of the Tender document. Bidders participating in this Tender and who have enrolled in our e-portal (https://npcil.etenders.in ) can login and participate in the pre-bid meeting.. Bidders are requested to send their queries -both Technical and Commercial in advance to the e-mail addresses provided in NIT; within the due date and time prescribed for their submission (which would be at least three days, prior to date of pre-bid meeting, unless specified otherwise in ITT or NIT) as stipulated under the NIT. Queries / clarification / information sought in any other manner shall be ignored. In addition to pre-bid conversation history any offline queries / clarifications / information will be uploaded in the e-portal against the particular Tender ID under tab ‘Pre-Bid’. Any modification to the Tender, which may become necessary as a result of the pre-bid meeting, will be uploaded in the e-portal against the particular Tender ID. Bidders are requested to update themselves by visiting our e-portal (https://npcil.etenders.in) frequently. It may be noted that no queries will be entertained after the expiry of pre-bid meeting. Accordingly, it is requested that bidder along with their associates shall take part in the pre-bid meeting to ensure that tender requirements are clearly understood by all the stakeholders.

4.5 Amendments to Tender documents: The Purchaser reserves the right to issue any amendments,

corrigendum, clarifications, etc. to the Tender, giving reasonable time, prior to the last date and time of online bid submission. . Bidders are requested to update themselves on our e-portal (https://npcil.etenders.in) the details such as pre-bid clarifications, corrigenda, addenda and other documents forming a part of the subject Tender, before submission of their e-bid.



5. Manner And Method For Submission Of e-Bids 5.1 All e-bids shall be made in ENGLISH in the prescribed form attached. e-Bids submitted in any

language other than ENGLISH must be accompanied by ENGLISH translation. Any printed literature submitted with the E-bid in any other language shall be accompanied by authentic English translation and for interpretation the English version shall prevail.

5.2 The bids submitted in response to this Tender, shall be in TWO PARTS as under in two different

e-Envelopes provided for them: Part -I (Technical and Commercial e-Bid except price) and “Part-II (Price e-Bid) at e-Tendering Portal viz. https://npcil.etenders.in . The first e-Envelope i.e., Part-I shall comprise of two sections namely Technical Section and Commercial Section in the form of “On-line Bidding Forms” and all these Bidding Forms shall be filled and Tenderers are required to upload the relevant/required documents/catalogues/drawings only in Part-I (Technical and Commercial E-bid except price) e-Envelope. The second e-Envelope i.e., Part-II (Price e-Bid) comprising of price and schedule of quantity of items shall be submitted in Part-II (Price e-Bid) e-Envelope only.

5.3 a) Technical section of Part-I (Technical & Commercial E-bid except price) e-Bid should

contain/include only Technical Specifications, technical details, literature, references of earlier supplies of similar equipment, drawings, quantity, time required for submission and approval of drawings, manufacturing and delivery schedule, inspection/testing procedures etc. Itemised list of spares and quantity recommended by the Tenderer for purchase should also be included in Part-I (Technical & Commercial e-bid except price) of the e-Bid without their prices. Invariably, the itemized prices of spare parts should be furnished only in Part-II (price e-Bid), in the “On-line Bidding Form”, provided for this purpose.

5.3 b) Part-I (Technical & Commercial e-Bid except price) should be submitted in accordance with the

format provided by the Purchaser at Section “D” of this tender document. If any deviation or substitution from the Technical Specifications contained in Section “C” to this tender document is involved, such details should be clearly indicated in e-Envelope Part I (Technical & Commercial E-bid except price) and should be filled as Annexure-A of the bidding form of Part I e-Envelope, or otherwise it shall be an admission on the part of the bidder that he will supply the equipment as specified by the purchaser. However, bidders may note that deviations or substitutions from the Technical Specifications may lead to rejection of their e-bid.

5.3 c) The bidder shall upload all drawings pertaining to the plant / machinery / equipment / component

along with their Part-I e-Bid for correct understanding and appreciation of their tender. Bidder’s drawings will form part of the purchase order/contract only after these are approved by the Purchaser.

5.3 d) Catalogues / Technical Literature: All necessary catalogues/drawing/technical literature data as

are considered essential for full and correct evaluation of the E-bids shall invariably be uploaded with the PART I (Technical and Commercial E-bid except price) of the e-bid.

5.3 e) Instruction / Operation Manual: In respect of plant / machinery / equipment / instrument /

apparatus, where instruction/ operation manual is normally necessary to enable the user to put the plant/machinery / equipment / instrument / apparatus to proper use, the contractor shall furnish soft form of such an instruction/ operation manual specific to the stores being supplied along with the plant / machinery / equipment / instrument / apparatus. The bidder shall clearly specify in the E-bid about his readiness to supply instruction / operation manual.

5.4 Commercial Section of Part-I (Technical & Commercial E-bid except price) e-bid should

contain bidder’s specific confirmation regarding compliance of all commercial terms and conditions of the Tender as per ITT (Section-A), General Conditions of Contract, Special Conditions of Contract (Section B) and Section ‘E’ notes (if applicable). The Bidders, in addition, should mention applicability of Statutory Levies like Goods and Services Tax



(CGST / SGST / UTGST / IGST)etc. and all other related information. All input tax credit benefits available to Indian manufacturers / dealers / contractors, etc, shall, however, be taken into consideration in quoted prices and the Bidder shall pass on the benefits to the Purchaser.

5.5 Part II (Price E-Bid) should be furnished as per Section “E” of the tender document in the e-

Envelope made available on-line. The bidder will co-relate the price and quantity schedule of items in PART II (Price E-bid) of the tender with the description of plant/machinery/equipment/ component indicated in Part I (Technical & Commercial E-bid except price).

5.6 The system will not allow submitting e-Bids beyond the stipulated due date and time.

Therefore, the bidder shall ensure the submission of e-Bids well within the stipulated due date and time.

5.7 Notwithstanding anything contained herein, for the tenders where Integrity Pact (IP) & Integrity Pact Security (IPBG or Demand Draft) are applicable (refer clause 2.6 above), the same shall be submitted in ORIGINAL by stipulated due date and time for submission of tender. The IP and IPBG shall be submitted in a SEPERATE SEALED envelope. This envelope will be opened first to verify compliance towards IP & IP Security submission.

ANY BID WITHOUT THIS SEPARATE SEALED ENVELOPE CONTAINING ABOVE INTEGRITY PACT (IP) & INTEGRITY PACT SECURITY IN ORIGINAL SHALL BE TREATED AS NON RESPONSIVE BY NPCIL AND SHALL NOT BE OPENED.

5.8 The bidders, while submitting the e-Bid are required to upload all supporting documents / information necessary for establishing their qualification in Part I (Technical and Commercial E- Bid except Price) e-Envelope only on the e-portal. Failure to comply with this requirement may lead to rejection of the e-bid.

5.9 The Part-I (Technical & Commercial bid except price) shall be submitted in the e-ENVELOPE

provided for it’s submission in the system The bidder shall take special care not to mix-up price details with the Part-I (Technical & Commercial bid except price) and vice versa. Any violation of these conditions may lead to rejection of the bid.

5.10 Similarly the Part-II (Price Bid) shall be submitted in the e-ENVELOPE provided for it’s

submission in the system.

5.11 Particulars of the Bidders:

5.11.1. The bidder shall upload the details, in case he is a partnership firm or Joint Hindu Family concern, the names and full particulars of the partner or the member of the Joint Hindu Family owing the concern. The e-Bids must be digitally signed by the authorised representative of the firm and the document/s regarding authorisation shall be uploaded in the Part I e-Bid. The original of such documents are required to be furnished when sought by the Purchaser and in case of failure to do so, will make such bid liable to be rejected. The e-Bid must be digitally signed:

(a) In the event of the bidder being a sole proprietary concern by the sole proprietor or by

constituted attorney duly authorized to enter into and sign agreement on his behalf, including agreement to refer disputes arising under or relating to such agreements to arbitration by power of attorney signed by the proprietor and authenticated by a Notary Public or Magistrate.

(b) In the event of the bidder being a partnership firm, by all partners or by a constituted

attorney duly authorized to enter into and sign agreements on behalf of the partnership firm including agreements to refer disputes arising under or relating to such



agreements to arbitration by a power of attorney duly executed by all the partners and authenticated by Notary Public or a Magistrate.

(c) In the event of the bidder being a Hindu Joint Family concern by the Karta of the Joint

Family when the bid is signed by a constituted attorney of the sole proprietor of a concern or when the e-Bid is signed on behalf of the firms by a constituted attorney of its partners as provided in sub clause (a) and (b) above, then original power of attorney appointing him as such constituted attorney shall be supplied with the e-Bid or if a e-Bid is executed on behalf of a limited company but its constituted attorney as provided in sub cases (c) above, the original power of attorney along with the resolution (if required under its Articles of Association) authorizing the affixation of its common seal on the power of attorney and a copy of its Articles of Association shall be supplied with the e-Bid. If however, the power of attorney has been previously furnished to and approved by the Purchaser, the contractor need not send the same with the e-Bid.

5.12 Income Tax Registrations, GSTIN and and other Registrations

The bidder shall submit along with PART I (Technical & Commercial e-Bid except price), the name and address of their bankers and the Income Tax Permanent Account Number (PAN) and GSTIN etc.. Further, if the bidders are registered with the Directorate General of Supplies and Disposals or the Executive Director, Directorate of Contracts and Materials Management, Nuclear Power Corporation of India Limited, Directorate of Purchase & Stores, Department of Atomic Energy (DAE) as an approved supplier, they shall indicate in PART I (Technical & Commercial E-bid except price) such registration number, date and its validity date in Part-1 E-envelope.

6 All Clarifications/ Confirmations, if any, regarding the e-tender and e-Bid of the Bidder

during online pre-bid meeting and e-bid evaluation stage, shall be mailed exclusively to [email protected] addressed to Executive Director, C&MM, Nuclear Power Corporation of India Limited, Nabhikiya Urja Bhavan, “A-0”Block, Ground Floor, Anushaktinagar, Mumbai - 400 094.

7 Opening of e-Tenders 7.1 Unless otherwise advanced or postponed with advance intimation to the bidders, Tenders will be

opened on-line at NPCIL E-Tendering Web site i.e., https://npcil.etenders.in in Two stages as indicated at ITT clause nos. 2.0 and 3.0 of the Instruction Sheet of this Tender Document as per schedule indicated in Tender Document.

7.2 For the tenders where Integrity Pact (IP) & Integrity Pact Security (IPBG or Demand

Draft) are applicable, the envelope containing ORIGINAL IP and IPBG will be opened first to verify compliance towards IP & IP Security submission. ANY BID WITHOUT THIS SEPARATE SEALED ENVELOPE CONTAINING ABOVE INTEGRITY PACT (IP) & INTEGRITY PACT SECURITY IN ORIGINAL SHALL BE TREATED AS NON RESPONSIVE BY NPCIL AND SHALL NOT BE OPENED.

7.2 Part-I (Technical and Commercial e-Bid except price) will be opened on-line and the details of the

Part-I bids submitted by the bidders will be made available for all the participating bidders. 7.3 Part-II (Price e-bid) of only such Bidders whose Part-I bids are found acceptable will be opened

on-line after evaluation of their f Part I e-Bids. Subsequent to the opening, details of the Part-II bids opened can be seen by the bidders whose Part-I (Technical and Commercial e-Bid except price) bids are qualified.



8 Terms and Conditions of the Contract

8.1 It must be clearly understood that any contract concluded pursuant to invitation to this e-tender

shall be governed by the General Conditions of Contract and Special Conditions of Contract given in Section B of this tender document. Tenderers must, therefore, take special care to go through these conditions of the contract. Tenderers should bring out deviations, if any, with respect to General Conditions of Contract, Special Conditions of Contract, Technical Specifications etc. in Annexure A and upload it with Part I of their e-bid. However, Tenders submitted subject to counter conditions or with deviations from the General Conditions of the Contract / Special Conditions of Contract (SECTION B) of this tender document runs the risk of rejection. It should also be realized that failure to bring out deviations / not uploading any deviations (in Part-I e-envelope) from the General Conditions of the Contract contained in Section B of this tender document would imply that the Tenderer is willing to execute the contract as per the Purchaser’s Terms and Conditions of the Contract.

8.2 Price Basis, Price Adjustment, Contract Currency and Payments Please refer Section B – GCC Clause nos. 5. 9 Taxes and Duties: Please refer Special Conditions of Contract. 10 Test Charges, Spares and Accessories AND Supervision of Erection & Commissioning

Charges. 10.1 Routine Test, Special tests, Type Test, Special Type Tests, Seismic Qualifications/Testing 10.1.1 The bidder is required to perform the above tests as specified in the Technical Specification.

As regards Type Tests, Submission of valid Type Test Certificate of previous tests may be considered in lieu of performing the tests, as provided in Technical Specifications.

10.1.2 a) Price for supply of items shall include charges for all Routine Test, Type tests etc. No

charges for these tests shall be claimed/ paid separately.

b) Charges for Special Type Tests, Seismic Qualification/Testing shall not be included in the price of the items and shall be quoted/ claimed separately.

10.2 Spares and Accessories: 10.2.1 Bidders shall also furnish the prices of essential accessories, optional accessories and spares

necessary for satisfactory operation of the plant / machinery / equipment / component,

a) for a period of two years and b) for a period of five years or

as specified in the Section C: Technical Specifications and Section E: Format for submission of Part-II ( Price E-Bid) of Tender.

10.2.2 The prices for accessories and spares shall be itemized. e-Bids where only lump sum prices

are indicated are liable to be ignored. Particular care must be taken to list out each item of spare and quantity recommended and also the individual price for these items in Part II (Price e-Bid). However, a list of spares and accessories without the price should be included in PART I (Technical & Commercial E-bid except price).

10.3 The Bidders must clearly and separately furnish in their Price e-Bid the charges for

Supervision of erection and commissioning of items to be supplied under the contract.



11 Delivery 11.1 The Supply of battery cells to be completed within 5 months from the date of issue of

Purchase Order. Installation and Commissioning of Battery Banks for Item No. 1 and 2 of Section E-1 of the price formats should be completed within 6 months from the date of Intimation from the Engineer In-charge. Engineer In-charge will give the intimation within two months after receipt and acceptance of material at site. Milestone chart for detailed manufacturing schedule leading to delivery shall be submitted along with Part-I (Technical & Commercial E-bid except price). Tenderers should note that their e-Bidmay not be considered by the Purchaser unless the bidders can meet the delivery schedule specified by the Purchaser.

11.2 The stores shall be transported to the Purchaser’s site directly without any transhipment en-

route, in case of transportation by sea and road. In case of transportation through railways/waterways also the transhipment is generally not allowed. However, transhipment may be allowed at the discretion of the Purchaser for which the contractor needs to explain the need for transhipment and take Purchaser’s prior approval.

12.0 Evaluation of Part-I E-Bid (Technical and Commercial except price E-Bid) 12.1 The Tenders of such bidders who meet the qualifying requirements stipulated in the tender

documents (such as experience and financial criteria) shall only be considered for detailed techno-commercial evaluation. Detailed technical evaluation will also take into account the financial and technical capabilities as well as such other criteria deemed necessary and appropriate. In addition, the concurrent commitments of the bidders shall also be taken while assessing their capability for executing this contract.

12.2 Clarifications Regarding Part-I (Technical And Commercial E-Bid Except Price) 12.2.1 After opening of the Part-I (Technical & Commercial E-bid except price) of the tender, if it

becomes necessary for the Purchaser to seek clarifications from the bidders regarding technical and commercial terms and conditions of the tender, the same will be sought from the bidders. In such an event, the bidder will furnish all the Technical and Commercial information/clarification on or before the date and time fixed for their submissions, failing which such tenders are liable to be rejected without any further notice.

12.2.2 The Purchaser’s representative will visit the works / office of the bidder and hold discussion

with bidder’s representative on the offer. Discussion will be held on the various aspects of the offer, including the deviations, if any, vis-à-vis tender requirements. Following aspects would be the points of discussion / review:

Bidder i) In-house manufacturing facility ii) Financial strength iii) QA System iv) Project Planning & execution capability v) Experience of similar work done vi) Manpower for all the above activities vii) Deviation from technical and commercial conditions, if any

Sub-Contractor i) Manufacturing Facility



ii) QA System iii) Experience iv) Manpower v) Compliance with NPCIL technical requirements

The above list is not exhaustive. Alteration / deletion / addition of the points can take place depending on the nature of the package. Both the bidder and the sub-contractor shall be required to sign joint Minutes of Meeting confirming their respective roles and responsibilities. Purpose of holding these discussion is to ensure that the bidder or its sub-vendors understand the tender requirements fully and unambiguously. Also, the purchaser’s representative will evaluate the facilities of the bidder and its sub-vendors, by visiting their premises, as regards their capability to meet the tender requirements.

12.2.3 In case bidder or its sub-vendors make any alternative suggestions with respect to the tender

requirements, the same will be discussed and noted for further evaluation by the Purchaser. 12.2.4 In the event of differences in commercial terms and conditions quoted by various bidders, the

purchaser may resort to commercial discussions to bring all the bidders to common level of commercial terms and conditions. The Purchaser reserves the right to reject any tender which is not meeting the common commercial terms and conditions if proposed by the Purchaser, without making any reference to the bidder.

12.2.5 Irrespective of whether clarifications are sought for from any of the bidders or otherwise, the

bidders will be free to have discussions with the Purchaser concerning the scope / details of tender etc., if they so consider necessary. For this, the bidders should send specific request for arranging meeting, to Executive Director, C&MM, NPCIL at the address given in Sr. No. 1 of the Instruction Sheet.

12.2.6 Based on the technical and commercial clarifications and confirmation, visits to bidders/ subcontractors work / facilities and discussions as required, Purchaser may allow some common technical or commercial deviations as the case may be and forward the list of such accepted deviation to Tender Conditions, after finalization of Part-I evaluation, to all bidder’s whose Part-I e-Bid will have been found acceptable.

12.2.7 The bidders in general shall not have the option of revising the e-bid, unless it is approved by

the Purchaser. The Purchaser shall, based on the clarification/ confirmations, discussions held and alternatives proposed by the bidders during Part-I evaluation, may communicate common acceptable deviation all the bidders whose Part –I e-bid is acceptable subject to such common acceptable deviations and authorize the option for revising the e-bid to the extent of such common acceptable deviations, to all the bidders. Any change in price effected by the bidders, justifications for such changes are to be furnished with the break up of change in price applicable. The revised/add-on e-Bid should contain only the revised portion sought for and submitted in the e-Envelope made available and as per the instructions provided for the same. For evaluation, the original and the revised bids shall be considered either together or only the revised bids as the case may be.

12.2.8 All technical and commercial aspects pertaining to Part I (Technical and Commercial e-Bids except price) of the tender will be finalised prior to opening of Part II (Price e-Bid) and no change in this regard shall be accepted after opening of Part II (Price e-Bid).

13 Opening of Part-II (Price e-Bid)



The Part-II e-Bid of only such bidders whose Part-I e-Bids are found acceptable will be opened online at NPCIL’s e-tendering portal https://npcil.etenders.in Due date and time for opening of the Part-II e-Bids will be decided by the Purchaser and the same shall be made available only to such Tenderers, whose e-Bids are found acceptable in Part-I, to enable them to access the tender opening details through on-line at https://npcil.etenders.in

14 Validity of E-Bids e-Bids shall be kept valid for acceptance for a period of 120 (one hundred and twenty) days

from the date of opening of PART II (Price e-Bid) of the tender. e-Bids with shorter validity period will be liable for rejection.

15 Evaluation of PART-II: Price E-Bid 15.1 The price adjustment provisions as indicated in para 8.0 above, shall not be taken into account

for evaluation of offers. e-Bid evaluation will be done based on the total of Landed Prices which are inclusive of GST and all other indirect taxes and duties for supply of items and site work portion as per Section E of the Tender document. To facilitate the evaluation and comparison of prices, all e-bid prices expressed in foreign currency will be converted into Indian Rupees at Bills Selling exchange rates (as established by State Bank of India) applicable on the day seven days prior to due date of submission of both Part – I (Technical & Commercial Except Price) and Part – II (Price e-Bid). If the day seven days prior to due date of submission of bid happens to be a holiday, the exchange rates of next working day will be considered. For items sourced from abroad and directly delivered to the Purchaser’s site, wherever the ocean/air freight and marine insurance to the port of the Purchaser’s country are not quoted then, 11% of FOB prices will be considered towards ocean/air freight and marine insurance to arrive at CIF prices. In the event the actual cost towards local transportation and other services including customs clearance, port handling, inland transit insurance etc. in India are not quoted as required, the charges towards the same will be considered as 1 ½% of CIF Value for items and materials supplied from abroad and delivered directly to the project site from Indian port of entry. Applicable IGST if not quoted will be loaded to arrive at the final price for the purpose of evaluation in case of unregistered parties.

15.2 For Tender where Fiscal Concessions as per SCC are available/ applicable, the following

shall apply:

(a) For evaluation and comparison of bids, a price preference at 15% would be given to the domestically manufactured capital goods. For this purpose, the bid price of the bidders would be increased by 15% of all such CIF components contained in their price bid including the CIF component of the imported raw materials/ components required for manufacture of indigenous items. No exchange rate variation is allowed towards the value of imported raw materials and components included in the Indigenous items. For the purposes of 15% loading as above, the base exchange rates shall be Bills Selling exchange rates (as established by State Bank of India) applicable on the day seven days prior to due date of submission of e-bid. [Both Part-I (Technical & Commercial Except Price) and Part-II (Price e-Bid)]. If the day seven days prior to due date of submission of bid happens to be a holiday, the exchange rate of next working day will be considered.

(b) Further the charges for expatriate supervision for erection and commissioning quoted

in foreign currency will not be loaded by 15%.

(c) IGST applicable on the import of finished goods which are to be delivered directly to the Purchaser’s site from the port of import shall be indicated by the Bidder. This IGST will be considered for the purpose of evaluation of the bids.



15.3 The value of mandatory spares will be considered for the bid evaluation as per Section – E of

the Tender. Recommended spares will not be included for bid evaluation. 15.4 The bid evaluation will be done in conjunction with the clauses contained in Section: E of the

Tender.

15.5 Purchase Preference for supply of goods or services as per new Public Procurement Policy for Micro & Small Enterprises (MSEs) under Micro, Small and Medium Enterprises Development Act, 2006 (Subject to meeting Qualifying Requirement as per clause 2.0)

As per the provision of MSEs Policy, the participating bidder registered under MSEs Act in a tender for supply of goods or services, quoting price within the band of L1+15% would be allowed to supply a portion of the requirement by bringing down their price to the L1 price, in a situation where L1 price is from someone other than an MSE. Such MSEs would be allowed to supply up to 20% of the total tendered value. In case of more than one such eligible MSE, the supply will be shared proportionately. Further, out of 20% allocation, a sub-target of 4% (i.e. 20% out of 20%) will be earmarked for procurement from MSEs owned by SC/ST entrepreneurs. However, in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price, the 4% sub-target for procurement earmarked for MSEs owned by SC/ST entrepreneurs will be met from other MSEs proportionately.

In case a tendered item is non-splitable or non-divisible, MSE quoting Price within the Price – band of “L1- Price (Other than MSE) + 15%” may be awarded for full/ complete value of supplies, subject to matching of the L1 Price.

The MSEs, who are interested in availing themselves of the benefits, will enclose with their offer the proof of their being MSE registered with any of the agencies mentioned in notification no. 503 dated 26.03.2012 and notification no. 85 (E) dated 10.01.2017 as printed in the Gazette of India indicated below:-

(i) Udyog Aadhar Memorandum (UAM) issued by Ministry of MSME (ii) District Industries Centers (iii) Khadi and Village Industries Commission (iv) Khadi and Village Industries Board (v) Coir Board (vi) National Small Industries Corporation (vii) Directorate of Handicraft and Handloom (viii) Any other body specified by Ministry of MSME.

The MSE bidder must upload a copy of registration certificate along with the bid, failing which such bid shall be rejected.

i) Wherever, the certifying agency is issuing the registration certificate with terminal validity, the MSE must also indicate the terminal validity date for their registration. The MSE should upload certificate valid as on date for submission of tender. In case such a certificate claiming exemption from payment of Tender Fee is found to be defective or invalid, such bids shall be rejected.

Or

ii) Wherever the certifying agency is issuing registration certificate without terminal validity, the same shall be submitted for claiming exemption from payment of Tender



Fee. In case such a certificate claiming exemption from payment of Tender Fee is found to be defective or false, such bids shall be rejected.

The contractor on whom the contract may be entered into against this tender shall furnish the Purchaser, the details of the sub-contractors meeting any part of contract execution herein and who qualify as MSE’s as per the Micro, Small and Medium Enterprises Development Act, 2006 and amendments to same.

16 Acceptance of e-Bids 16.1 The Purchaser reserves the right to accept or reject, lowest / any / all e-Bid(s), in whole or in

part, without assigning any reasons whatsoever and without any liability to the Purchaser. The bidder not withstanding that his e-Bid has not been accepted in whole shall be bound to supply the Purchaser, such item or items and such portion or portions of one or more items, as may be accepted by the Purchaser.

16.2 Acceptance of e-Bids by the Purchaser may be sent by priced Letter of Intent / Purchase Order

/ Contract within the validity of the e-Bid. In case of such Letter of Intent, the bidder whose e-Bids is accepted and who is herein after referred to as contractor will proceed with the execution of the contract on the basis of such advance acceptance of e-Bid without waiting for a formal purchase order/contract and will be responsible to seek and obtain whatever clarifications that are necessary from the Purchaser to proceed with the execution of the contract and contractual delivery period will be reckoned from the date of such Letter of Intent.

16.3 Unsuccessful bidder(s) will not be informed of the result of their e-Bid(s). 17 Consortiums 17.1 In view of the requirements of this tender, some of the intending bidders may pool their

resources and experiences to form “Consortium” of not more than three (03) consortium partners. In their own interest the Tenderers are advised to investigate and be confident of the capabilities, availability of expertise and resources such as machines/ equipments, tools and plants and other required facilities, experienced/ qualified personnel, financial soundness, past experience, required licenses and registration and concurrent engagements of constituting partners/ members of consortium.

17.2 A Tenderer participating in this Tender as a member of one consortium is not allowed to be a

consortium partner of any other consortium. 17.3 The leader of the consortium should be an Indian Tenderer who can submit the Tender on

behalf of the consortium of Tenderers. A soft copy of the Memorandum of Understanding (MOU) between the consortium members duly signed by the Chief Executives of the consortium members must be uploaded as a part of their Part-I( Technical and Commercial except price bid), which should clearly define the role / scope of each partner/ member and also clearly define the leader of Consortium. It must also state that all members of the consortium shall be jointly and severally responsible for discharging all obligations under this contract. The original of such documents are required to be furnished within 7 days of the opening of Part-I bid or when sought by the Purchaser and in case of failure to do so, will make such bid liable to be rejected.

17.4 The bid documents shall be submitted by the leader of the Consortium and the ‘Power of

Attorney’ from each member authorising the leader of the Consortium for signing and submission of Tender on behalf of the individual member must be uploaded along with the e-Bid(with Part-I: Technical and Commercial except price bid) The original of such documents



are required to be furnished within 7 days of the opening of Part-I bid or when sought by the Purchaser and in case of failure to do so, will make such bid liable to be rejected.

17.5 The Consortium must fulfil the Qualifying Requirements (QR) as per clause no. 2.0 of

‘Section: A’. One set of soft copy of the documents in support of meeting the qualification requirements in respect of each of the consortium partner shall also be uploaded along with the Part – I (Technical and Commercial except price E-bid). The original of such documents are required to be furnished within 7 days of the opening of Part-I bid or when sought by the Purchaser and in case of failure to do so, will make such bid liable to be rejected.

17.6 In the event the work is awarded to the consortium, the leader and each of the other members

shall be jointly and severally responsible for the execution of the contract. 17.7 The leader of the consortium on behalf of the consortium shall co-ordinate with NPCIL’s

authorised officer(s) only, during the period while the tender is under evaluation, as well as during the execution of work. And he shall also be responsible for resolving disputes / misunderstanding / undefined activities, if any, amongst all consortium members.

17.8 Any correspondence exchanged with the leader of the consortium shall be binding on all

consortium members. 18 Canvassing 18.1 Canvassing in any form with regard to this tender will lead to rejection of the E-bid. 19 Corrupt or Fraudulent Practices 19.1 NPCIL requires that bidders / suppliers / contractors under this contract, observe the highest

standard of ethics during the procurement and execution of this contract. In pursuance of this policy, NPCIL:

(a) defines, for the purpose of these provisions, the terms set forth below as follows:

(i) “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of NPCIL, and includes collusive practice among Bidders (prior to or after e-Bid submission) designed to establish e-Bids prices at artificial non-competitive levels and to deprive NPCIL of the benefits of free and open competition.

(b) will reject a proposal for award of work if it determines that the Bidder recommended for

award has engaged in corrupt or fraudulent practices in competing for the contract in question.

(c) will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be

awarded a contract / contracts if at any time it determines that the Bidder has engaged in corrupt or fraudulent practices in competing for, or in executing, the contract.

20. Banning of Business Dealings by NPCIL



20.1. Grounds for Banning The business dealing with the Contractor shall be liable for banning, on account of the reasons

attributable to them, which shall include, but not limited to the following: 20.1.1. Involvement in cartel formation during bidding. 20.1.2. Baseless allegations by the bidder on NPCIL evaluation Process or officials.

20.1.3. If any of the owner, proprietor or partner of the Contractor, is convicted by a court of law,

during bidding process or currency of the contract, for offences involving corrupt and fraudulent practices including misrepresentation of the facts, moral turpitude in relation to its business dealings with NPCIL.

20.1.4. Malafide /unlawful acts /malpractices or improper conduct on part of Contractor based on

the approved findings of the Investigation agency. 20.1.5. If the Contractor misuses the premises or facilities of the NPCIL forcefully occupies,

tampers or damages the Company properties etc. or fails to vacate the properties/land/complex within reasonable time limit as specified or even after receiving the notices from the department.

20.1.6. Security concerns for the assets of the Corporation and State. 20.1.7. Submission of bids that contain false information or falsified documents or the

concealment of such information in the bids in order to influence the outcome of eligibility screening or /at any other stage of public bidding and execution.

20.1.8. Withdrawal of a bid or refusal to accept an award of contract with the NPCIL without

justifiable cause, after being adjudged as the successful bidder.

20.1.9. Supply of Counterfeit items. 20.2. Show Cause Notice 20.2.1. NPCIL will issue Show Cause Notice to the Contractor on noticing/receipt of a complaint

of any irregularities and /or misconduct and /or unethical practice as mentioned in clause no. 20.1.

20.2.2. Upon receipt of Show cause notice, the Contractor is required to submit the reply to Show

Cause Notice within 30 days of its receipt and no extension shall be given without justifiable reasons. The Contractor shall also be given an opportunity for oral hearing to present the case in person to NPCIL and the date of Oral Hearing will be indicated in the Show Cause Notice. Only the regular employees of Contractor will be permitted to represent the Contractor during the Oral hearing, and no outsider shall be allowed to represent the Contractor on their behalf.

20.3. Period of Banning The period of banning shall be for a period of three years or as considered appropriate by

NPCIL in the first instance and for a period up to five years for repeated instances. 20.4. Effect of Banning of Business Dealings by NPCIL:



In case NPCIL has banned the business dealing with the bidder/contractor, the following shall be the consequences on issuance of the order of banning of business dealings with the bidder/contractor:-

20.4.1. The bidder shall not be allowed to participate in any future tender enquiry. If the bidder has already participated in tender process and the price bids are not opened, his techno-commercial bid will be rejected and price bid will be kept unopened. In cases, where the price bids of bidder have been opened prior to the order of banning, such bids shall be rejected.

20.4.2. The bidder shall not be permitted to participate in any business process in any form or

entity i.e. as Associate/Collaborator/Joint Venture Partner/Consortium Partner of the Main Contractor even if the banning order is passed subsequent to opening of Part-I bids.

20.4.3. The bidder shall not be allowed to participate as Sub-Vendor/sub-contractor in the tenders

for contracts for works, service and supplies. 20.4.4. Even if, the banned contractor is an approved sub-vendor under any Contract for such

equipment/component/service, the Main contractor shall not be permitted to place work order/Purchase order/Service contract on the banned contractor as a sub-vendor after the date of banning even though the name of the party has been approved as a sub-vendor prior to the order of banning.

20.4.5. The completion certificate issued to the contractor shall make a mention regarding banning

during execution of the contract. 20.4.6. Banned bidder shall not be permitted to submit the bid. The bid submitted by the banned

bidder shall be summarily rejected.

21 Civil Liability for Nuclear Damages(CLND) Act 2010 & Rule 2011 thereof:

Subsequent to the enactment of CLND Act 2010 and Rule 2011, the Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, as referred in GCC.

To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse, following definition to be considered by the bidder before submission of bids.

i. “Contractor” – shall be as per applicable GCC.

ii. “Supplier” shall be as defined in CLND Rule 24-2.

iii. “Product Liability Period (PLP)” shall be as defined in CLND Rule 24-2.

Explanation w.r.t. GCC: In case of supply of equipment(s), PLP shall be the

Defect Liability Period plus contractual Latent Defect Liability Period, where as

in case of services, PLP shall be up to Defect Liability period as defined in

applicable GCC.

iv. “Initial License” (Refer CLND Rule 24-2): The initial license, unless otherwise

specified, is valid for a period of five years from the date of its issue by AERB.



22 Disclosures

22.1 Any change in the constitution of the contractor’s firm, where it is a partnership firm, joint venture or consortium partnerships as declared in the E-bid should be disclosed to NPCIL, at any time between the submission of E-bids and the signing of the contract. The same shall be disclosed during the currency as per the GCC clause no. 1.11.2 (Changes in Constitution).

------------------- *----------------------

Appendix – ‘X’


QUALIFICATION CRITERIA FOR POWER BATTERY BANKS

Bidder shall have supplied the seismically qualified battery of 1600AH capacity plante batteries or higher capacity batteries.For this bidder shall have to submit the PO copy and completion certificate.

Bidder shall have minimum average annual turnover of Rs.8.0 Crores during three years immediately preceding from the date of NIT. In addition, the bidder shall have satisfactorily completed similar single order of Rs.2.16 Crore and above value during the preceding three years as on last date of preceding month in which tender is issued.

For this purpose, bidders shall submit copies of audited balance sheets along with Part-I bid. In case the balance sheet for the last completed financial year is not audited yet, the bidder can submit a certificate by a Chartered Accountant certifying that the balance sheet for the year has actually not been audited so far and further the certificate shall also indicate the turnover as per provisional financial statement for the year.

Definition of similar work is “ Supply, installation and successful commissioning of Plante Battery Bank of minimum of 1600AH capacity.


Appendix ‘Y’


SUPPLY, INSTALLATION & COMMISSIONING, SITE ACCEPTANCE TESTING OF LEAD ACID BATTERY CELLS, SUITABLE FOR 360 V DC BATTERY BANK. DECOMMISSIONING AND BUY-BACK OF EXISTING BATTERY BANK

FORMAT FOR RAISING TECHNO-COMMERCIAL QUERIES BY THE BIDDER FOR PRE-BID PURPOSES

NAME OF THE

BIDDER

QUERY

NO.

TENDER SECTION

NO.

REFERENCE CLAUSE NO.

TECHNICAL SPECIFICATION NO. / COMMERCIAL REF. NO.

DESCRIPTION

OF THE QUERY

RESPONSE

FROM NPCIL

1 2 3 4 5 6 7

COLUMN NO. 1 TO 6 TO BE FILLED BY THE BIDDER

COLUMN NO. 7 NPCIL TO RESPOND

TPT/SUPPLY-1

SECTION – B

GENERAL CONDITIONS OF CONTRACT (FORM NO. GCC/Supply-1/Rev.4)

28/12/2016

FORM NO. GCC/Supply-1/Rev.4


(A GOVERNMENT OF INDIA ENTERPRISE)

DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT

GENERAL CONDITIONS OF CONTRACT

FOR SUPPLY OF INDIGENOUS STORES

APPLICABLE TO THE CONTRACTS PLACED BY


GCC/SUPPLY-1/R-4

GENERAL CONDITIONS OF CONTRACT

FOR SUPPLY OF INDIGENOUS STORES

PLACED BY


(A GOVERNMENT OF INDIA ENTERPRISE)

Preamble

1.1 The scope of the Contract shall be design, engineering, manufacture, inspection, test, supply,

transportation & delivery, as the case may be, of the Stores, plants, materials, components, equipment,

machineries, instruments, appliances and accessories, in accordance with the technical specifications

and drawings of the Contract documents.

1.2 The General Conditions of Contract (GCC/Supply-1/R-4) shall form a part of the Contract.

1.3 In case of any variance between the terms and conditions of the General Conditions of Contract

(GCC/Supply-1/R-4) and the conditions as may be stipulated in the Contract, the latter shall prevail to

the extent applicable.

1.4 All the rights, discretion and powers of the Purchaser under the Contract shall be exercised by the

Purchaser through written communications, which shall be given by the Executive Director, Directorate

of Contracts and Materials Management or other officers authorised by him for and on behalf of the

Purchaser.

NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores

GCC/SUPPLY-1/R-4 (28.12.2016) 2 of 54

I N D E X

CONTENTS Page No.

1. General Provisions 5

1.1 Definitions

1.2 Interpretations

1.3 Communications

1.4 Language

1.5 Governing Law

1.6 Jurisdiction

1.7 Priority of Documents

1.8 Contractor‟s Documents

1.9 Purchaser‟s Documents

1.10 Confidentiality

1.11 Consortium / Joint Venture / Partnership

1.12 Country of Origin

1.13 Independent Contracts

2 The Purchaser 11

2.1 Accuracy of Information

2.2 Permit, Licences or Approvals

2.3 Free Issue Material

2.4 Purchaser‟s Representatives

3 The Contractor

3.1 General Obligations 11

3.2 Permit, Licences or Approvals

3.3 Compliance with law

3.4 Securities

3.5 Contractor‟s Representative

3.6 Sub-contracting

3.7 Subletting or Assignment of Contract

3.8 Quality Assurance

16

4 Subject Matter of Contract

4.1 Scope of facilities

4.2 Delivery Schedule

5 Contract Price and Payment 17

5.1 Contract Price

5.2 Price Basis

5.3 Currency of Payment

5.4 Price Adjustment

5.5 Price Adjustment Formula

5.6 Terms of Payment

5.7 Application for Payment

5.8 Mode of Payment

5.9 Interest on delayed payment

5.10 Recovery of Advance Payments in case of breach of contract

5.11 Recovery of Sums Due

5.12 Taxes and Duties


GCC/SUPPLY-1/R-4 (28.12.2016) 3 of 54

6 Guarantee, Liability and Risk Distribution 25

6.1 Completion Time Guarantee

6.2 Delay in Supply

6.3 Functional Guarantee

6.4 Defect Liability

6.5 Transfer of Ownership

6.6 Intellectual Property Rights (IPR) Indemnification

6.7 Indemnity Against Loss / Damage

6.8 Indemnity for Taxes and Duties

6.9 Limitation of Liability

6.10 Insurance

6.11 Force Majeure

6.12 Liability of the Government of India

7 Work Program 35

7.1 Contractor‟s Organisation

7.2 Program of Performance

7.3 Work Procedures

7.4 Progress of Performance

7.5 Progress Report

7.6 Hindrances

8 Design and Engineering 36

8.1 General Design Obligation

8.2 Codes and Standards

8.3 Review / Approval of Contractor‟s Documents

9 Procurement and Supply 38

9.1 General Provisions

9.2 Free Issue Materials (FIM)

9.3 Packing and Marking

9.4 Transportation

9.5 Custom Clearance

9.6 Training

9.7 Manuals

10 Quality Assurance, Inspection, Acceptance and Rejections 43

10.1 Quality Assurance Program

10.2 Inspection, Testing and Rejection

10.3 Supervision of Erection & Commissioning

11 Changes in the Scope of Work 46

11.1 Right to vary

11.2 Changes Originating from Purchaser

11.3 Changes Originating from Contractor

12 Time Extension 47

12.1 Extension of Time for Completion


GCC/SUPPLY-1/R-4 (28.12.2016) 4 of 54

13 Foreclosure and Termination 48

13.1 Foreclosure of Contract

13.2 Cancellation / Termination of Contract in Full or Part

13.3 Termination on Death

14 Settlement of Disputes 52

14.1 Settlement by Mutual Consultation

14.2 Arbitration

14.3 General

15 Abbreviations Used 54

List of Annexures

Annexure-A : Format for “Advance Bank Guarantee”

Annexure-B : Format for “Security Deposit”

Annexure-C : Format for “Performance Bond”

Annexure-D : Format for “Application for Payment”

Annexure-E : Format for “Indemnity Bond against Free Issue Material

Annexure-F : Format for “Certificate towards Excise Duty”

Annexure-G : Format for “Certificate towards Sales Tax”

Annexure-H : Format for “Certificate towards Service Tax”


GCC/SUPPLY-1/R-4 (28.12.2016) 5 of 54

1 GENERAL PROVISIONS

1.1 Definitions

1.1.1 "Acceptance” shall mean and deemed to include one or more of the following as stipulated in the

tender:

a) acceptance of the Stores at Purchaser‟s Site after its receipt and due inspection and release of

“Material Receipt Voucher” (MRV), which should be completed within 75 (seventy five) days from

the date of receipt of the Stores at Purchaser‟s Site, subject to the Contractor meeting the

requirements stipulated in the Contract.

b) where the scope of the Contract includes supply, erection and commissioning, acceptance shall mean

issue of necessary Material Receipt Voucher after commissioning and final acceptance of Equipment,

Machinery and Instrument etc. which should be completed within 75 (seventy five) days from the

date of commissioning of the Stores at Purchaser's Site, subject to the Contractor meeting the

requirements stipulated in the Contract.

1.1.2 “Bid” shall mean the tender offer and quotation in response to the Tender Enquiry.

1.1.3 “Change Order" shall mean a written amendment to the existing contract or a new contract from the

Purchaser to the Contractor after the Effective Date of the contract requiring a change in any part of the

Stores that may involve

a) a change in the scope of work,

b) addition / omission of work, and

c) a change in any of the provision / scope of the contract.

1.1.4 “Consignee” shall mean the authorised representative or officer of the Purchaser at site to whom the

Stores are required to be delivered in the manner indicated in the Contract.

1.1.5 "Contractor” shall mean firm / company / joint venture / consortium with whom or with which the

purchase order for the supply of Stores is placed and shall be deemed to include the Contractor‟s legal

successors and/or assignees (approved by the Purchaser), representatives, heirs, executors and

administrators unless excluded by the Contract.

1.1.6 "Contract" or "Purchase Order" shall mean the communication or document signed for and on behalf

of the Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the

Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the

said communication and other documents including Tender Document, Terms and Conditions of the

contract and such other documents as may be expressly incorporated in the Contract by reference and all

mutually agreed amendments in writing made to any of them

1.1.7 “Contractual Delivery Date” shall mean the stipulated date on which the contractor shall attain

„completion‟ of the Supply of Stores, as specified in the purchase order.

1.1.8 “Contract Price” shall mean the price as specified in “Section A – Item and Price Schedule” of the

Contract subject to such addition and adjustment thereof or deduction there from, as may be made

pursuant to the contract.

1.1.9 “Day” or “Days” shall mean a Gregorian calendar day or days of twenty-four (24) hours each.


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1.1.10 “Defect Liability Period” shall mean the period of validity of the warranties given by the contractor

during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof

as provided in GCC clause 6.4 (Defect Liability).

1.1.11 “Effective Date” or "Commencement Date" shall mean the date of issue of Purchase Order on which

the contract shall come into force.

1.1.12 “GCC” shall mean this General Conditions of the Contract for Supply of Indigenous Stores.

1.1.13 "Latent Defect" shall mean a defect, inherently lying within the material or arising out of design

deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect

Liability period.

1.1.14 “Month” shall mean a month according to Gregorian calendar.

1.1.15 “Quality Surveillance Engineer / Inspector” shall mean any person appointed by or on behalf of the

Purchaser to inspect or carry out quality surveillance on supplies, stores or work under the Contract or any

person deputed by the Quality Surveillance Engineer for the said purpose.

1.1.16 "Particulars" shall mean the following:

a) Specification(s);

b) Drawing(s);

c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer;

d) Proprietary make denoting the produce of any individual firm; and

e) Any other details governing the construction, manufacture and/or supply as provided in the Contract.

1.1.17 "Party" shall mean Purchaser or Contractor as named in the Contract individually and “Parties” shall

mean Purchaser and Contractor collectively.

1.1.18 "Performance Test" shall mean all operational checks and tests required to determine the performance

parameters including inter-alia capacity, efficiency and operating characteristics of the Stores as specified

in the Contract.

1.1.19 “Plant and Equipment” means permanent plant, equipment, machinery, apparatus, systems, articles and

things of all kinds to be provided by the Contractor under the Contract including the spare parts, tools &

tackles to be supplied by the Contractor.

1.1.20 “Project Manager” shall mean the person appointed by the Purchaser in the manner provided in GCC

sub-clause 2.4.2 (Purchaser‟s Representatives) hereof and named as such in the Contract.

1.1.21 "Purchaser" shall mean the Nuclear Power Corporation of India Limited, a Government of India

Enterprise acting through Executive Director, Directorate of Contracts & Materials Management.

1.1.22 “SCC” shall means Special Conditions of the Contract hereof.


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1.1.23 "Shipping Release" shall mean the document issued by the inspector or the inspection agency nominated

by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection.

1.1.24 “Site” means the place(s) where the Stores are to be supplied and any other places as may be specified in

the Contract as forming part of the Site.

1.1.25 "Stores” shall mean and include what the Contractor agreed to supply under the Contract as specified in

the Contract and shall include inter-alia goods and materials, equipment, machinery, components,

instruments, appliances, accessories and plant.

1.1.26 “Sub-contractor” shall mean any person on whom preparation of any design, or supply of any Stores

and Other Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal

successor or permitted assignees, and unless otherwise stated, all the Sub-contractors and suppliers to

such Person and the term Sub-Contract shall be construed accordingly.

1.1.28 “Willful Misconduct” shall mean that the Contractor has intentionally concealed the defect in full

knowledge of the consequences that may flow from its existence and the defect is one, which the

Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or

during the Defect Liability Period.

1.2 Interpretation

1.2.1 In the Contract, except where the context requires otherwise:

(a) words indicating one gender include all genders;

(b) words indicating the singular also include the plural and words indicating the plural also include the

singular;

(c) provisions including the word “agree”, “agreed” or “agreement” require the agreement to be record in

writing;

(d) the word “tender” is synonymous with “bid”, “tenderer” with “bidder” and “tender documents” with

“bidding documents”; and

(e) “written” or “in writing” means hand-written, type-written, printed or electronically made, and

resulting in a permanent record.

The marginal words and headings shall not be taken into consideration in the interpretation of these

Conditions.

1.2.2 Persons

Words incorporating persons or parties shall include firms, consortiums, corporations, government

entities and other bodies whether incorporated or not but having legal entity.

1.2.3 Incoterms

Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and

obligations of parties there under shall be as prescribed by Incoterms 2000.

Incoterms means international rules for interpreting trade terms published by the International Chamber of

Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France.


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1.2.4 Entire Agreement

The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the

subject matter of Contract and includes all written communications, negotiations and agreements of

parties with respect thereto made prior to the date of Contract that are included as reference in the

Contract.

1.2.5 Non-waiver

No relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and

conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or

restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of

Contract operate as waiver of any subsequent or continuing breach of Contract.

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.

1.2.6 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such

prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other

provisions and conditions of the Contract.

1.3 Communications

1.3.1 Unless otherwise stated in the Contract, all communications to be given under the Contract shall be in

writing, and shall be sent by personal delivery, airmail post, special courier or facsimile to the address of

the relevant party set out in the Contract.

1.3.2 For communications to be sent by the Purchaser to the Contractor, the following provisions shall apply:

a) Any communication sent by airmail post or special courier shall be deemed (in the absence of

evidence of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of

dispatch, it shall be sufficient to show that the envelope containing such notice was properly

addressed, stamped and conveyed to the postal authorities or courier service for transmission by

airmail or special courier.

b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered

on date of personal delivery or date of its dispatch, as the case may be.

1.3.3 Communications shall be deemed to include any approvals, consents, instructions, notices, orders,

amendment to the Contract and certificates to be given under the Contract.

1.3.4 Either party may change its postal, facsimile address or addressee for receipt of such communication by

10 days‟ notice to the other party in writing.

1.4 Language

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


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1.5 Governing Law

1.5.1 The Contract shall be governed by the law of the country. The country unless otherwise stated in the

contract shall be India.

1.6 Jurisdiction

1.6.1 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of

related Contract.

1.7 Priority of Documents

1.7.1 The documents forming the contract are to be taken as mutually explanatory of one another. For the

purposes of interpretation, the priority of documents shall be in accordance with the following sequence:

a) the Contract Agreement / Purchase Order

b) the Special Conditions of Contract (SCC)

c) the General Condition of Contract (GCC)

d) the Tender (including technical specifications, drawings, etc.) document, other than Sr. (b) & (c)

above.

1.8 Contractor’s Documents

1.8.1 As between the Parties, the Contractor shall retain the rights for which the Contractor has copyrights and

other intellectual property rights (IPR), and for all other documents prepared / created in the course of

execution of the Contract, the IPR will remain with the Purchaser.

1.8.2 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive

royalty-free licence to copy, use and communicate the contractor‟s documents, including making and

using modifications of them. This licence shall:

(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the

Stores,

(b) entitle any person in proper possession of the relevant part of the Stores to copy, use and

communicate the contractor‟s documents for the purposes of completing, operating, maintaining,

altering, adjusting, repairing and decommissioning the Stores, and

(c) in the case of contractor‟s documents which are in the form of computer programs and other software,

permit their use on any computer on the Site and other places as envisaged by the Contract, including

replacements of any computers supplied by the Contractor.

1.9 Purchaser’s Documents

1.9.1 As between the Parties, the Purchaser shall retain the copyright and other intellectual property rights in

the Specification, the Drawings and other documents made by (or on behalf of) the Purchaser. The

Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of

the Contract. They shall not, without the Purchaser‟s consent, be copied, used or communicated to a third

party by the Contractor, except as necessary for the purposes of the Contract and with prior consent of the

Purchaser.

1.10 Confidentiality

1.10.1 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection

with this Contract have noticed that the Indian Official Secrets Act, 1923 (XIX of 1923) applies to them

and shall continue to apply even after the execution of the Contract.


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1.10.2 All information, drawings, designs and specifications imparted to the Contractor shall, at all times, remain

the absolute property of the Purchaser. The Contractor shall not use them for purposes other than for

which they are provided for and shall treat all these documents as confidential. These shall not be

reproduced in whole or in part for any other purpose.

1.10.3 The Contractor shall use his best endeavours to ensure that such information are not divulged to third

parties except where needed for the performance of the Contract by the Contractor with the prior consent

of the Purchaser. In such cases, the Contractor shall ensure and obtain similar obligation of confidence,

from third parties in question.

1.10.4 The Contractor shall at his own cost procure from his own employees, agents or sub-contractors (and

agents and sub-contractors of such agents and sub-contractors) the execution of a Confidentiality

Agreement in the form and manner acceptable to the Purchaser and shall do or assist in doing all such

acts, deeds and things to cause such employees, agents and sub-contractors to whom the confidential

information is given, to be bound by all the confidentiality obligations as the Contractor is bound under

this Agreement.

1.10.5 The provisions of this clause of GCC shall survive termination for whatever reason, of the Contract.

1.11 Consortium / Joint Venture / Partnership

1.11.1 Joint and Several Liability

If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or more

entities:

a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the

performance of the Contract

b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to

bind the Contractor and each of these entities.

1.11.2 Changes in Constitution

Where the Contractor is a partnership firm, Joint Venture or consortium, prior approval in writing of the

Purchaser shall be obtained before any change is made in the constitution of the contractor.

If prior approval as aforesaid is not obtained, the contract shall be voidable in accordance with the GCC

clause 13.2 (Cancellation / Termination of Contract in Full/Part) at the Purchaser‟s discretion.

1.12 Country of Origin

1.12.1 “Country of Origin” means the place where the materials, equipment and other supplies for the Facilities

are mined, grown, produced or manufactured, and from which the services are provided.

1.13 Independent Contracts

1.13.1 The Contractor shall be an independent contractor performing the Contract. The Contract does not create

any agency, partnership, joint venture or other joint relationship between the parties hereto.

Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in

which the Contract is performed. All employees, representatives or Subcontractors engaged by the

Contractor in connection with the performance of the Contract shall be under the complete control of the

Contractor and shall not be deemed to be employees of the Purchaser, and nothing contained in the


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Contract or in any subcontract awarded by the Contractor shall be construed to create any contractual

relationship between any such employees, representatives or Subcontractors and the Purchaser. The

Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on

account of any claims raised by the representatives, employees or third parties to whom the contractor is

solely responsible in terms hereof or under the Contract.

2. THE PURCHASER

2.1 Accuracy of Information

2.1.1 The Purchaser shall ensure the accuracy of all information and/or data to be supplied by the Purchaser as

described in the Technical Specification of the Tender, except when otherwise expressly stated in the

Contract.

2.2 Permits, Licenses or Approvals

2.2.1 The Purchaser shall provide, at the request of the Contractor, such reasonable assistance in the form of

issue of necessary certificates as required under law so as to allow the Contractor to obtain any permits,

licenses or approvals required by the Laws of the Country, which the Contractor is required to obtain

under GCC clause 3.2, for the delivery of Goods including clearance through customs. However, no

claims can be made by the contractor with respect to this clause. The Contractor shall bear all cost charges

and expenses for the licenses, permits and approvals required to be obtained by him under clause 3.2

hereof.

2.2.2 The Purchaser shall acquire and pay for all permits, approvals and/or licenses from all local, state or

national government authorities or public service undertakings that such authorities or undertakings

require the Purchaser to obtain them in the Purchaser‟s name, and are necessary for the execution of the

project.

2.3 Free Issue Material

2.3.1 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender, to Contractor, as per

quantities/sizes indicating costs of such free issue material mentioned in the tender.

2.4 Purchaser’s Representatives

2.4.1 Senior General Manager / General Manager / Additional General Manager / Deputy General Manager,

C&MM as mentioned in the Contract is the Purchaser‟s representative for all commercial matters of the

Contract.

2.4.2 Project Manager: The Project Manager as mentioned in the Contract will be the Purchaser‟s

representative for all technical matters under the Contract and will remain the nodal agency for this

purpose during the execution of the Contract.

3 THE CONTRACTOR

3.1 General Obligations

3.1.1 The Contractor shall design (to the extent specified in the Contract), procure / manufacture (including

associated Purchases and/or sub-contracting), inspect, test, pack and supply the Stores with due care and

diligence in accordance with the Contract and with the Purchaser‟s instructions, and shall remedy any

defects in the Stores occurring in defect liability period, and remedy latent defects within a further period

of five (05) years from end of defect liability period.


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3.1.2 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall

comply in all respects with Particulars of the Contract. When completed, the Stores shall be fit for the

purposes for which the Stores are intended as defined in the Contract.

3.1.3 The Contractor shall, whenever required by the Purchaser, submit details of the arrangements and

methods which the Contractor proposes to adopt for the execution of the Contract. No significant

alteration to these arrangements and methods shall be made without this having previously been notified

to the Purchaser.

3.1.4 The Contractor shall be deemed to have carefully examined all Contract documents and obtained

clarifications from the Purchaser where needed to his entire satisfaction before submitting the bid. In

particular and without prejudice to the foregoing conditions and in addition thereto, when tenders are

called for furnishing Particulars, the Contractor‟s tender to supply in accordance with such Particulars

shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof

and no claim on his part which may arise on account of non-examination or misunderstanding of the

Particulars will, in any circumstances, be considered/payable by the Purchaser.

3.2 Permits, Licenses or Approvals

3.2.1 The Contractor shall, at his own cost, acquire in its name all permits, approvals and/or licenses from all

local, state or national government authorities or public service undertakings in India that are necessary

for the performance of the Contract. The Contractor shall also acquire all other permits, approvals and/or

licenses that are not the responsibility of the Purchaser under GCC sub-clause 2.2.2 hereof and that are

necessary for the performance of the Contract.

3.3 Compliance with law

3.3.1 The Contractor shall comply with all laws in force in India and in the States where the Stores are

manufactured. The laws will include all local, state, national or other laws that affect the performance of

the Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the

Purchaser from and against any and all liabilities, damages, claims, fines, penalties and expenses of

whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel,

including the Sub-contractors and their personnel, but without prejudice to GCC clause 2.1 (Accuracy of

Information) hereof.

3.4 Securities

3.4.1 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as

stated in GCC sub-clause no. 3.4.2, 3.4.3 and 3.4.5 here in below subject to the following conditions,

a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and

shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai, India.

b) The bank guarantees shall be submitted as per the format annexed to this GCC.

c) All bank guarantees are to be sent by the bankers directly to the Purchaser.

d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-

clause 3.4.3 herein below may be reduced once in six months to the extent of receipt of

items/materials by the Purchaser and the advance amount adjusted against such receipts.


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3.4.2 Security Deposit:

a) Contractor shall furnish Security Deposit for 10% of the total value in respective contract currencies,

for due performance of the said contracts, in the form of a Bank Guarantee within 30 days from the

date of award of contracts and it shall be valid till satisfactory completion of the contract and

submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 3.4.5 below, plus a

claim period of three months for lodging of claims, if any.

b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above, within

30 days from the date of issue of Contract such failure shall constitute a breach of contract and the

Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of

the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC

sub-clause no. 13.2 (Cancellation/Termination of Contract in Full or Part) hereof and/or recover from

the Contractor the damages arising from such cancellation.

c) In the event, the Contractor fails to fulfil the obligations under the Contract, the Purchaser shall have

the right to encash and appropriate the Security Deposit Bank Guarantee. This right shall be in

addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any

loss or damages that the Purchaser is herein entitled.

3.4.3 Advance / Stage Payments Security

As a pre-requisite for release of advance/stage payments, Contractor shall submit bank guarantee for

equal amount denominated in the currency in which such advance/stage payments are to be released, valid

till completion of supply plus three months claim period.

3.4.4 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date, the

Contractor shall extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos. 3.4.2

and 3.4.3 above, suitably to cover the extended/expected delivery date well in time and in any extent

two(02) months before expiry of original Contractual Delivery Date, failing which, the Purchaser shall

have the right to invoke the Bank Guarantee(s) without prejudice to the terms and conditions of the

contract.

3.4.5 Performance Bond:

a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal

to ten (10) percent of the total value of the contract as a security for satisfactory performance and

warranty/ guarantee of the Stores supplied by the Contractor and its sub-contractors under the

contract.

b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before

release of (balance 10%) final payment and shall remain valid during the complete defect liability

period as per GCC Sub Clause 6.4.1 and any extension to defect liability as per GCC Sub Clause no.

6.4.4 plus a claim period of three (03) months thereafter for lodging of claims.

c) The Performance Bond Bank Guarantee shall also be extended suitably, pursuant to GCC sub-clause

no. 6.4.4 (Extension of Defect Liability), at least thirty days before the expiry of the period of validity

thereof in the event of repair / replacement of any Stores or any part thereof during defect liability


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period to take care of extended defect liability period of Stores repaired/replaced and/or Stores

remaining idle due to such defects and repair / replacement of the same.

3.4.6 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for

Security Deposit, Advance Payment and Performance Bond for delays attributable to the Purchaser, the

corresponding Bank Guarantee Extension charges shall be borne by the Purchaser.

3.4.7 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside

Purchaser‟s site)

The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser

and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract

is executed and proper account for the FIM is rendered by the former to the latter. For this purpose an

Indemnity Bond as per Annexure-E shall be executed by the Contractor.

3.5 Contractor’s Representative

3.5.1 The Contractor shall appoint the Contractor‟s Representative within fourteen (14) days of issue of the

Purchase Order and shall request the Purchaser in writing to approve the person so appointed. If the

Purchaser makes no objection to the appointment within fourteen (14) days, the Contractor‟s

Representative shall be deemed to have been approved. If the Purchaser objects to the appointment

within fourteen (14) days giving the reason therefore, then the Contractor shall appoint a replacement

within fourteen (14) days of such objection, and the foregoing provisions of this GCC sub-clause no.3.5.1

shall apply thereto.

The Contractor‟s Representative will have to be assisted by senior executives of the company in charge of

each discipline, i.e., Engineering, Planning, Procurement, Manufacturing and Quality Assurance etc. He

shall be vested with powers to take prompt decisions.

3.5.2 The Contractor‟s Representative shall represent and act for the Contractor at all times during the currency

of the Contract. All notices, instructions, information and all other communications to be given by the

Purchaser to the Contractor under the Contract shall be given to the Contractor‟s Representative, except

as herein otherwise provided. All the contractor‟s notices, instructions, information and other

communication under the contract shall be given by the Contractor‟s Representatives in the following

manner.

Regarding,

(a) Commercial Issues: Senior General Manager/ General Manager/ Additional General Manager/

Deputy General Manager, C&MM as specified in the Purchase Order

(b) Technical issues: Project Manager

3.5.3 The Contractor shall not revoke the appointment of the Contractor‟s Representative without the

Purchaser‟s prior written consent, which shall not be unreasonably withheld. If the Purchaser consents

thereto, the Contractor shall appoint some other person as Contractor‟s representative, pursuant to the

procedure set out in GCC sub-clause 3.5.1.

3.5.4 The Purchaser may by notice to the Contractor object to any representative or person employed by the

Contractor in the execution of the Contract who, in the reasonable opinion of the Purchaser, may behave


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inappropriately, may be incompetent or negligent, the Purchaser shall provide evidence of the same,

where upon the Contractor shall remove such person from the execution of the Contract.

3.5.5 If any representative or person employed by the Contractor is removed in accordance with GCC sub-

clause 3.5.4, the Contractor shall, where required, promptly appoint a replacement.

3.6 Sub-contracting

3.6.1 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser. The

Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor, if

allowed by the Purchaser.

3.6.2 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of

supply or services and a list of approved Subcontractors against each item, including vendors. The bidder

in his bid or Part-I bid in the case of two part tender, may indicate additional subcontractors for any of the

given items, for evaluation by the Purchaser and if found acceptable, inclusion of such subcontractor in

approved subcontractors list. In so far as no Subcontractors are listed against any such item, the

Contractor shall prepare and submit to Purchaser a list of Subcontractors for such items for approval and

inclusion in such list. List of sub-vendors as issued with the Contract shall be strictly adhered to for

procurement of goods/services from designated subcontractor(s). However, under very special and extra-

ordinary circumstances, Contractor may request Purchaser for change of subcontractor giving sufficient

reasons and submit name and credentials along with contractors recommendation of subcontractor(s)

proposed by him to the Purchaser for approval, in sufficient time so as not to impede the progress of

work. Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from any

of its obligations, duties or responsibilities under the Contract.

3.6.3 The Contactor shall select and employ its Subcontractors for such major items from those listed in the

lists referred to in GCC sub-clause 3.6.2.

3.6.4 All payment to the sub-contractors shall be made by the Contractor.

3.6.5 In the event the Contractor violates the condition for obtaining consent under clause 3.6.1 above, the

Purchaser shall become entitled, in its discretion, to rescind that part of the Contract in respect of which

such violation has taken place, by giving 30 days notice to the Contractor. However, the Purchaser may in

the alternative, scrutinise such Sub-Contract or the Agreement entered into between the Contractor and

the Sub-Contractor, and either, ratify such sub-contract/ agreement subject to any conditions or

stipulations imposed by the Purchaser in that regard, or afford time to the Contractor to rectify/ remedy

his breach.

3.6.6 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish

any incomplete work at his own cost, and/or to compensate the Purchaser for any damage done by the

Sub-Contractor to the Property or Project of the Purchaser.

3.7 Subletting or Assignment of Contract

3.7.1 The Contractor shall not sublet, transfer or assign the Contract or any part thereof or bills or any other

benefits, accruing there from or under the contract without the prior written consent of the Purchaser.

Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any

contractual obligation or responsibility under the Contract.


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3.7.2 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to

purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no. 13.2

(Cancellation/Termination of Contract in Full or Part) hereof and/or recover from the Contractor damages

arising from such cancellation.

3.8 Quality Assurance

3.8.1 Procurement, Manufacture & Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to

Purchaser‟s Quality Assurance (QA) requirement as per GCC clause no. 10 (Quality Assurance,

Inspection, Acceptance and Rejection).

4 SUBJECT MATTER OF CONTRACT

4.1 Scope of Work

4.1.1 Unless otherwise expressly limited in the Technical Specifications, the Contractor‟s obligations cover the

supply of all Plant and Equipment (covering design, engineering, procurement, manufacture, Quality

Assurance, testing, packing & forwarding transportation and delivery at site) in accordance with the plans,

procedures, specifications, drawings, codes and any other documents as specified in the Technical

Specifications. Such specifications include, but are not limited to, supply of Spares and Accessories.

4.1.2 In the case of any class of work for which there is no such specifications as referred to above, such work

shall be carried out in accordance with Bureau of Indian Standards Specifications. In case there are no

such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers'

specifications. In case there are no such Specifications as referred to above the work shall be carried out

in all respects in accordance with the instructions and requirements of the Project Manager.

4.1.3 The Contractor shall carry out / ensure the manufacture of Stores and all other execution of the

Contract with properly equipped facilities and non-hazardous materials, except as otherwise specified

in the Contract and without any extra cost to the Purchaser.

4.1.4 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all

such items and materials not specifically mentioned in the Contract but that can be reasonably inferred

from the Contract as being required for efficient functioning of the Stores as per specifications of the

Tender, as if such work and/or items and materials were expressly mentioned in the Contract, and without

any extra cost to the Purchaser.

4.1.5 Alteration Of Specifications, Patterns And Drawings:

a) The Purchaser reserves the right to alter whenever necessary specifications, patterns and drawings. As

from that date, the Stores shall be in accordance with the specifications, patterns and drawings so

altered which the Contractor is bound to comply with.

b) In the event of such alteration involving a revision in the cost, or in the delivery period the same shall

be discussed and mutually agreed pursuant to GCC clause no. 11.2 (Changes Originating from

Purchaser).

4.2 Delivery Schedule

4.2.1 Date of delivery of the Stores stipulated in the Contract, shall be the essence of the Contract and delivery

of Stores must be completed by the dates specified therein. Unless otherwise agreed, the Contract shall

come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly


GCC/SUPPLY-1/R-4 (28.12.2016) 17 of 54

contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery

Date (CDD).

4.2.2 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of

such part is specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract.

Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be

subjected to GCC clause no. 6.2 (Delay in Supply).

4.2.3 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period

specified herein.

5 CONTRACT PRICE AND PAYMENT

5.1 Contract Price

5.1.1 The contract price shall be as specified in Section-A of the purchase order, which shall be stated and

payable in the currency as mentioned in GCC clause no. 5.2 (Price Basis) and 5.3 (Currency of Payment)

below.

5.1.2 For contract(s) with contractual delivery period less than and upto 12 (twelve) months, the contract price

shall be firm. However, contract price for such contracts(s) can be subjected to price adjustment only in

the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve)

months, as provided in GCC Sub clause 5.4.2.

5.1.3 For contracts with contractual delivery period exceeding 12 (twelve) months, the contract price shall be

subjected to price adjustment either on positive or on negative side as per GCC clause nos. 5.4 & 5.5

below to reflect changes in the cost of labour, material etc. Any bid containing a proposal for alternative

system of pricing, other than so specified under GCC clause no. 5.4 & 5.5 below run the risk of rejection.

However, the offer submitted on fixed price basis will not be rejected, but will be treated as the offer with

price adjustment being zero. The offer shall specifically confirm adherence to the price adjustment clause

of the tender, or whether it is on fixed price basis. The name, source and origin of material and labour

indices to be applied for price adjustment shall be as indicated in the bid subject to GCC sub-clause no.

5.5.2 & 5.5.3.

5.1.4 Currency Exchange rate variation for imported raw materials/components shall not be claimed/considered

separately.

5.2 Price Basis

The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to

the Purchaser‟s site as under:

5.2.1 Price break-ups of indigenous items and spares shall be indicated as follows:

i) Ex-works price, including but not limited to CIF value of imported raw material / component required

for indigenous manufacture.

ii) Inland transportation and Transit insurance

The prices of indigenous items and spares shall be exclusive of all taxes, duties, cess, octroi, etc.

CENVAT benefits available to Indian manufacturers shall, however, be taken into consideration in quoted

prices and the Contractor shall pass on the benefits to the Purchaser. CIF value of the imported raw

materials/ components included in the Ex-works prices of indigenously manufactured items shall be


GCC/SUPPLY-1/R-4 (28.12.2016) 18 of 54

shown separately for the purposes of 15% price preference loading vis-à-vis domestically manufactured

goods for availing Deemed Export benefits, if any.

5.2.2 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall

be indicated as follows:

i) FOB prices,

ii) Ocean/Air freight & Marine insurance,

iii) Port handling/clearance, inland transportation and inland transit insurance.

FOB prices shall be inclusive of all taxes, duties, levies, inland transportation up to the port of shipment

and export licensing charges. Other than FOB prices, remaining price elements shall be exclusive of

taxes, duties, cess, octroi, etc. applicable in India.

5.2.3 The prices of Commissioning/Start-up spares shall be included in the basic prices of the main equipment

and these spares are to be essentially dispatched with the respective main equipment only. In case of

shortage of the Commissioning/Start-up spares during the actual erection and commissioning of the main

equipments, additional Commissioning/Start-up spares shall be supplied by the contractor at his own cost

and no customs duty / deemed export benefits for such additional Commissioning/Start-up spares shall be

available.


5.3.1 The contract price shall be in the currency in which price has been stated by the successful bidder in

accordance with the following,

a) For supply of equipment, spares and other materials supplied from abroad and delivered directly to

the Site from Indian port of entry, FOB price of such items shall be in Indian Rupees (INR), and/or

any other three freely tradable foreign currencies or any combination of these currencies. Indian

Contractor, opting for payment in foreign currency, shall comply with the requirements laid down by

Government of India from time to time.

b) For Supply of equipment, spares and other materials from indigenous sources, Ex-works price of such

items inclusive of CIF value of imported raw material / component, shall be in Indian Rupees (INR).

c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up

to the Purchaser‟s site, in Indian Rupees (INR).

d) Ocean/Air Freight, Marine Insurance, Port Handling/Clearance, Local Transportation and Transit

Insurance charges for imported items to be delivered directly to the Purchaser, shall be in Indian

Rupees (INR).

e) Supervision Charges for Erection and Commissioning in INR. Charges for expatriate Supervisor

engaged for erection and commissioning, in INR, and/or any other three freely tradable foreign

currencies.

5.4 Price adjustment

5.4.1 The contract price shall be subjected to price adjustment during the execution of the contract, as provided

herein below. The price adjustment provisions shall not be taken into account for evaluation of offers.

5.4.2 The Contract Price adjustment under GCC clause no. 5.4 & 5.5 will only be applicable for the contracts,

where the original contractual completion period is more than 12 months.

For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12

(twelve) months and where there is a delay which is attributed to the Purchaser, due to which the period


GCC/SUPPLY-1/R-4 (28.12.2016) 19 of 54

of the contract exceeds 12 months, the contract price adjustments will be applicable for the extended

period. (For example, where the original contract period is 10 months and there is extension for 3 months,

then adjustment is payable for one month i.e.13th month only). However, the Subscript value of “0”

defined in GCC sub-clause nos. 5.5.1 below shall be the indices of the last month of the original contract

period (i.e., the 10th month in the above example).

5.4.3 Only the following components of the contract price will be subject to Price adjustment:

a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials

(if any) to be supplied by the Purchaser. The price adjustment will be allowed up-to a ceiling of +/-

twenty percent (20%) of the total Ex-works price component. Price adjustment of individual items

will be allowed to such an extent that net price adjustment of all the items in a given currency does

not exceed this 20% ceiling and shall be payable/ recoverable accordingly.

b) FOB prices of imported plant and equipment excluding spares. The price adjustment will be allowed

up-to a ceiling of +/- twenty percent (20%) of the total FOB price component, in each of the contract

currencies separately. Price adjustment of individual items will be allowed to such an extent that net

price adjustment of all the items in a given currency does not exceed this 20% ceiling and shall be

payable/ recoverable accordingly.

5.4.4 No adjustment of prices is allowed on spares, tools, tackles and accessories. Engineering charges, testing

charges, analysis charges etc shown/payable separately shall also not be eligible for Price Adjustment

5.5 Price Adjustment Formula

5.5.1 The price adjustment formula to be applied to the ex-works/FOB price-component of the items shall be as

follows:

ECl = EC ( F + a.Ml f1+ b.Nl f2 + c.Ol f3+ d.Pl f4+ e.Ql f5+ lb.Ll flb )

M0 N0 O0 P0 Q0 L0

Where,

EC1 = Adjusted ex-works/FOB price-component of items /equipments.

EC = Basic ex-works/FOB price-component of items /equipments.

M, N, O, P & Q = Corresponding published price indices of various materials.

lb = Co-efficient of labour content in the ex-works/FOB cost of item/equipment.

L = Labour index.

F = Fixed portion of the ex-works/FOB component of the items/equipments

which will not be subject to any adjustment.

a, b, c, d & e = Coefficients of major materials involved in the ex-works/FOB price of the

items/equipments. The band of these coefficients is given separately and the

Bidders/ Contractors are required to select from the band the coefficients in

such a way that the sum of all these coefficients, „F‟- Fixed portion and „lb‟-

Labour coefficient shall add up to one.


GCC/SUPPLY-1/R-4 (28.12.2016) 20 of 54

f1, f2, f3, f4, f5 …. are exchange rate corrective factors for the respective materials and flb is the

exchange rate correction factor for labour with reference to the currency of

the country of origin of index and the respective contract currency (INR),

such that:

f = Z0

Z1

Where, Z is the number of units of the currency of the country of origin of index, which is equivalent to

one unit of contract currency (INR). The exchange rates to be used for calculation of factor „f‟ shall be

as per bills selling exchange rates established by The State Bank of India. In the event origin of index

happens to be India, „f „ shall be equal to one (01).

Subscript „0‟ refers to indices/exchange rates as prevailing on the seventh day prior to the due date of

submission of bid [Submission of both Part - I (Technical & Commercial except Price) and Part – II

(Price Bid)]. For the purpose of exchange rate, if this day happens to be a holiday, the nearest previous

working day shall be considered. The Contractor will submit authentic copies of relevant published

indices as on this date applicable to the tender, along with his offer or any time before opening of Price

bid.

Subscript „1‟ refers to the indices/ exchange rates as on:

a) 90 days prior to the date of dispatch for labour component, and

b) The expiry of 2/3rd

period from the date of purchase order to the date of dispatch, for material

component.

For the purpose of this clause, the date of dispatch shall mean Contractual Delivery Date as per

Contract or actual date of dispatch, whichever is earlier. For the purpose of exchange rate, if this day

happens to be a holiday, the nearest previous working day shall be considered for this purpose.

5.5.2 Index of Indigenous Raw materials/components and Labour:

The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer

submitted. For the materials the indices as published by Reserve Bank of India and for the labour the

indices as published by Labour Bureau Shimla, only shall be applicable

5.5.3 Index of Imported Raw Materials/components:

The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer

submitted. The indices shall be well established and nationally recognized in the country of manufacture.

If any other index is proposed full justification for its use shall be provided. Preferably only Government

indices shall be used.

5.5.4 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates

along with each dispatch-wise invoice for arriving at adjusted ex-works/FOB price component without

which the invoices will not be processed.


GCC/SUPPLY-1/R-4 (28.12.2016) 21 of 54

5.5.5 Adjusted Contract Price for Supply component

The adjusted contract price shall be:

EC1 + other elements of contract price, if any.

5.5.6 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for

reasons attributable to the Purchaser, the price adjustment provisions shall continue to be applicable for an

additional period equal to delay caused by the Purchaser, subject to GCC sub-clause 5.4.1, 5.4.2 & 5.4.3.

This shall, however not deemed to be automatic extension of Contractual Date of Delivery.

In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for

reasons attributable to the Contractor or Force Majeure events, the provision of Price Adjustment shall not

be applicable beyond the corresponding Contractual Delivery Date.

In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total

delayed period can be apportioned between delays due to the Purchaser, the Contractor and / or Force

Majeure events, Price adjustments for the period of delay caused by the Purchaser will be allowed

considering as if this delay due to the Purchaser happened first, immediately after Contractual Delivery

Date, irrespective of actual point in time in which such delay by Purchaser occurs. No price adjustment

shall be allowed for delays apportioned to the Contractor and / or Force Majeure events.

5.5.7 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no. 5.5.7.1

below. The Contractor shall choose each coefficient from the bands in such a way that the sum of all these

coefficients ie „a‟, „b‟, „c‟ … the material coefficients, „F‟- Fixed portion and „lb‟- Labour coefficient shall

add up to one. Further the value of the co-efficients indicating weightage of various materials (a,b,…),

weightage of fixed portion and labour portion (F and lb ), applicable indices, source and their base values

for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or

Part-I bid in the case of two part tender, as per the following formats:

5.5.7.1 Ex-works/FOB component of the Items (excluding spares, tools and tackles)

Sl. No. Item

Value of Coefficient

Bidders have to restrict each

coefficient within these

bands

Source of

indices

used

Value of base date indices

as prevailing „7‟ days prior

to the date of submission of

Part-I and Part-II Bid.

1

2

3

Fixed portion

Materials

a.

b.

c.

d.

e.

Labour

F : 0.15

a =

b =

c =

d =

e =

lb= Between 0.25 to 0.35.

-- --

Between

0.5 to 0.6


GCC/SUPPLY-1/R-4 (28.12.2016) 22 of 54

5.6 Terms of payment

5.6.1 Items & Materials (including spares) supplied from indigenous sources as well as those supplied from

abroad for delivery to Site directly from Indian Port of Entry

a) 90% of Ex-works / FOB price will be paid on pro-rata basis along with Transportation, Transit

Insurance charges, Price Adjustment amount and Taxes & Duties and levies as applicable, in full, on

receipt of the Stores at Site and against submission original shipping release, proof of receipt by the

consignee and other documents mentioned in the Contract.

b) Balance 10% Ex-works /FOB price will be released on acceptance of the Stores at Site after

inspection and issue of Site Stores Inspection Report / Receipt Voucher by the consignee (GCC Sub

clause 1.1.1 (a)), submission of bank guarantee by the Contractor for 10% of Purchase Order value

towards performance of stores as per GCC Sub clause 3.4.5 and if required under the Contract, and in

case of contract(s) with Free Issue Material (FIM) Certificate of completion of Free Issue Material

accounting by Purchaser‟s representative and receipt of Receipted delivery challan for return of

balance Free Issue Material (FIM) to Purchaser's Stores.

For Supply of plant /equipments/machinery/instruments including erection and commissioning,

balance 10% (ten) percent of the Ex-works / FOB value for supply plus erection and commissioning

charges and taxes in full as applicable thereon will be released on acceptance of the plant/equipment

/machinery/instruments at Site after commissioning and final acceptance (GCC Sub clause 1.1.1 (b)),

and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause

5.6.1 (b).

5.6.2 Ocean Freight and Marine Insurance, Port Clearance/Handling charges in respect of items supplied from

abroad for delivery to Site directly from Indian Port of Entry :

Ocean freight and Marine Insurance, Port Clearance/Handling charges along with applicable taxes and

duties thereon will be released on pro-rata basis against receipt of items at site i.e. along with 5.6.1 (a)

above.

5.6.3 Testing/ Analysis Charges

Testing/ Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata

basis on successful completion of corresponding Testing/Analysis, submission of report thereof and

acceptance of the same by the Purchaser.

5.6.4 Supervision of Erection and Commissioning Charges:

Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties

as applicable will be released on successful completion of erection and commissioning.


GCC/SUPPLY-1/R-4 (28.12.2016) 23 of 54

5.7 Application for Payment

5.7.1 The Contractors shall submit their invoices for various payments due as per Purchase Order payment

terms, along with application for payment in the prescribed proforma to the Paying Authority named in

the Contract. Proforma of application for payment is enclosed as Annexure-D to the GCC.

5.7.2 Each such application for payment shall be accompanied by all required documents as set forth in the

Contract and/or intimated to the Contractor in advance. The application for payment by the Contractor if

found deficient in any respect, shall not be processed and in such an event, the Purchaser shall intimate to

the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency

for rectification of the same by the Contractor. Payment will be released within 30 days from the date of

receipt of application for payment complete in all respects and acceptable to the Purchaser.

5.8 Mode of Payment

5.8.1 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee

cheque and/or through Wire Transfer/ ECS. In the event of payment through Demand Draft/Pay Order, if

requested by the Contractor, charges for the same shall be to the account of the Contractor.

5.8.2 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of

the Facilities or any part(s) thereof.

5.8.3 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill

including all supporting vouchers, abstracts etc. The Purchaser further reserves the right to enforce

recovery of any overpayment when detected, not withstanding the fact that the amount of the final bill

may have been included by one of the parties as an item of dispute before an arbitrator appointed under

arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in

the arbitration award.

5.9 Interest on Delayed Payment

5.9.1 The Purchaser will pay interest for delay in payments for final 10% basic price [GCC sub-clause no. 5.6.1

(b)] payable on acceptance of items at site at the rate shown in clause 5.9.2 below for the period beyond

95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all

supporting documents in acceptable form by the payment due date.

5.9.2 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s)

stated herein below for the period of delay as per GCC sub-clause no. 5.9.1:

a) For payment in Indian Rupees: For delayed payment, applicable interest rate shall be Prime Lending

Rate (PLR) of State Bank of India.

b) For payment in Foreign Currency: For delayed payment, applicable interest rate shall be London Inter

Bank Offer Rate (LIBOR).

5.9.3 The provisions of this clause 5.9 ( Interest on Delayed Payment ) shall not apply in the event the

Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 6.1

(Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same


GCC/SUPPLY-1/R-4 (28.12.2016) 24 of 54

5.10 Recovery of Advance Payments in case of breach of contract

5.10.1 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and

which do not fall under Force Majeure as per the tender conditions, the outstanding advance payments

made shall be recovered, along with the interest at the rate specified herein below. This shall be without

prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract.

5.10.2 Advance Payment in Indian Rupees: Recovery shall be made with Interest at PLR of State Bank of India.

5.10.3 Advance Payment in Foreign Currency: Recovery shall be made with Interest as per LIBOR.

5.11 Recovery of Sums Due

5.11.1 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises

in terms of money out of the Contract against the Contractor, the Purchaser shall be entitled to recover

such sums from the balance of the total sum, which at any time hereafter may become due to the

Contractor from this Contract or any other Contract with the Purchaser. Should this sum be not sufficient

to cover the amount of damages or loss that may be recoverable, the Contractor shall pay to the Purchaser

on demand the amount due. Purchaser shall also have the right to appropriating, in part or full, the

Security Deposit/Performance Bond submitted by the Contractor to recover any/all of its claims on the

Contractor.

5.11.2 If the Purchaser has made any claim, whether liquidated damages or otherwise against the Contractor

under this Contract or any other Contract with the Purchaser, the payment of all sums payable under the

Contract to the Contractor including the Security Deposit/Performance Bond shall be withheld to the

extent of claims due according to the Purchaser till such claims of the Purchaser are finally paid by the

Contractor, pending which the same will be adjusted. Notwithstanding the provision for recovery through

adjustment, the Purchaser shall be free to recover his claims from the Contractor as per the terms of the

Contract.

5.11.3 All sums payable by way of compensation under any of the conditions of contract shall be considered as

reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss

or damage sustained; and whether or not any damage shall have been sustained.


5.12.1 The Contractor shall bear all non-Indian taxes, duties, levies etc. payable upto FOB in respect of sourcing

items from abroad.

5.12.2 Contractor shall be responsible for payment of all Indian Taxes, Duties and all other statutory levies as

applicable in connection with supply of the Stores. This clause shall be read in conjunction with ITT

clause no. 9.0 and contractor can claim reimbursement of Indian Taxes, Duties, Levies paid from the

Purchaser only to the extent provided in the ITT clause no. 9.0. „Price Adjustment‟ (GCC clause nos. 5.4

and 5.5) amounts if any, shall be taken into account in Contract Price on which such Taxes, Duties,

Levies etc. are reimbursable by the Purchaser.

5.12.3 For extension in the contractual delivery period for the reasons attributable to the Purchaser and/or Force

Majeure, increase in existing taxes & duties, if any, and new tax component introduced in the extended

period shall be reimbursed to the Contractor, subject to ITT Clause no. 9.0 and submission of

documentary proof. No increase / new tax shall be payable for the delay period due to reasons attributable

to the Contractor.


GCC/SUPPLY-1/R-4 (28.12.2016) 25 of 54

5.12.4 In case of any other new indirect taxes / cess, if levied by Government during the contractual delivery

period, the same shall be reimbursed / paid by the Purchaser, as the case may be, at actual against

documentary evidence. This provision shall not apply to changes in Personal Income tax or Corporate

Income tax or to changes in non-Indian Taxes.

5.12.5 Direct Tax:

a) The Purchaser shall have the right to withhold taxes on income, excess profits, royalty and other taxes

from payments due to Contractor under this Contract to the extent that such withholding may be

required by the government of India or any relevant authority thereof or by the government of any

other country, and payment by the Purchaser to the respective governmental office of the amount of

money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to

the amount so withheld.

b) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary taxes at

such rate as is required by any Government Authority, unless and to the extent that the Contractor

shall produce to the Purchaser any certificate issued by a Government Authority (having authority to

issue such certificate) entitling the Contractor to receive the payments under the Contract for a

prescribed period without deduction of any tax or deduction at a lower rate.

c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the

time stipulated by the relevant law to enable the Contractor to file the same with the Government

Authority as a proof of payment of such taxes.

d) All taxes levied on Contractor‟s corporate income or profits shall be for the account of Contractor and

shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of income

taxes of its personnel levied in India or elsewhere.

5.12.6 Indirect Tax:

a) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary tax at

source at such rate as is required under the respective state sales tax / value added tax legislation

unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a

Government Authority (having authority to issue such certificate) entitling the Contractor to receive

the payments under the Contract for a prescribed period without deduction of any tax or deduction at

a lower rate.

b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the

time stipulated by the relevant law to enable the Contractor to file the same with the Government

Authority as a proof of payment of such taxes.

6 GUARANTEES, LIABILITIES AND RISK DISTRIBUTION

6.1 Completion Time Guarantee

6.1.1 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase

Order(or a part for which a separate time is specified in the contract) on or before Contractual Delivery

Date (CDD) specified in the Purchase Order, or within such extended time to which the Contractor shall

be entitled under GCC clause no. 12.1 (Extension of Time for Completion) hereof.


GCC/SUPPLY-1/R-4 (28.12.2016) 26 of 54

6.2 Delay in Supply

6.2.1 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 6.1.1

within the CDD prescribed for the same, it shall be construed as a breach of the Contract and the

Purchaser shall be entitled at his option to the following:

(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed

Liquidated Damages (LD) at the rate indicated below:

S.

No. Delivery Period

Liquidated Damages,

Rate per Week (1)

Maximum Amount

of L.D. (2)

1. Delivery period

(as originally stipulated) not

exceeding one year.

@ 1% of the value of

delayed/ undelivered

portion of the supplies of

Purchase Order, per

week or part thereof

5% of the value of


portion of Supplies

of the Purchase

Order.

2. Delivery period

(as originally stipulated)

exceeding one year but not

exceeding two years.

@ 0.5% of the value of


portion of the supplies of

Purchase Order, per

week or part thereof.

5% of the value of


portion of Supplies

of the Purchase

Order.

3. Delivery period

(as originally stipulated)

exceeding two years.

@ 0.25% of the value of


portion of the supplies

Purchase Order, per

week or part thereof.

5% of the value of


portion of Supplies

of the Purchase

Order.

However, the payment of liquidated damages shall not in any way relieve the Contractor from any of

its obligations and liabilities under the Contract.

(b) To terminate the contract in full or in parts as per GCC sub-clause no. 13.2 (Cancellation /

Termination of Contract in Full or Part).

6.3 Functional Guarantees

6.3.1 The Contractor guarantees that during the Guarantee Test, the Stores and all parts thereof shall attain the

Functional Guarantees specified in the Technical Specification of the Contract, subject to and upon the

conditions therein specified.

6.3.2 If, for reasons attributable to the Contractor, the level of the Functional Guarantees in respect of the

equipment designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability

Period, as per the contract, either in whole or in part, the Contractor shall at his cost and expense make

such changes, modifications and/or additions to the Equipment or any part thereof as may be necessary to

meet level of such Guarantees. The Contractor shall notify the Purchaser upon completion of the

necessary changes, modifications and/or additions, and shall request the Purchaser to repeat the Guarantee

Test until the level of the Guarantees has been met. If the Contractor eventually fails to meet the level of

Functional Guarantees, the Purchaser shall have the right of recourse to levying damages as specified in

the Contract, without prejudice to any other rights of the Purchaser under the contract.


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6.4 Defect Liability

The Contractor shall warrant that the Stores, Plant & Equipments supplied under the Contract shall be

brand new, free from defects, manufactured with the latest state-of-art of manufacture and conform

strictly in accordance with the technical specifications, drawings and data sheets of the Contract. No

deviation from these specifications or alteration shall be made without specific and written accord of the

Purchaser. All Stores shall be guaranteed to be of the best quality of their respective kinds and shall be

free from defects in the design engineering, materials, workmanship, and be of specified size and capacity

so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract.

6.4.1 Defect Liability Period

a) Items / Equipment / System / Spares / Tools / Tackles / Accessories

The defect liability period shall be 18 months from the date of receipt of items at site or 12 months

from the date of acceptance, whichever occurs first.

6.4.2 Contractors Liability for Defective Stores / Facilities

The Purchaser may accept the Store, if it is complete in all respects or alternatively accept the same on

such terms as may be considered appropriate. If the Stores after the acceptance thereof is found to have

defects, latent or otherwise, notwithstanding that such defects could have been discovered at the time of

inspection, or any defects therein are found to have developed during the Defect Liability Period while

under proper use or subsequently it is found that Stores failed to fulfil the requirements or Particulars of

the Contract, the Purchaser shall be entitled to give a notice to the Contractor during Defect Liability

Period and within two (2) months thereafter, setting forth details of such defects or failure and the

Contractor shall forthwith make the defective Stores good or alter the same to make it comply with the

requirements of the Contract at his own cost.

Further if in the opinion of the Purchaser, defects are of such a nature that the same cannot be made good

or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the

Purchaser, such opinion being final, the Stores cannot be repaired or altered to make it comply with the

requirements of the Contract, the Contractor shall remove and replace the same with a Stores conforming

in all respects to the stipulated specifications, at the Contractor's own cost.

If the repair, replacement or making good is of such a character that it may affect the efficiency of the

Stores or any part thereof, the Purchaser may give to the Contractor a notice requiring that certain tests of

the defective part of the Stores shall be made by the Contractor immediately upon completion of such

remedial work, whereupon the Contractor shall carry out such tests at his own cost.

If such part fails the tests, the Contractor shall carry out further repair, replacement or making good (as

the case may be) until that part of the Stores passes such tests. The tests shall be agreed upon by the

Purchaser and the Contractor.

The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or

it‟s Subcontractors in the course of any work carried out, pursuant to GCC Clause 6.4 (Defect Liability).


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6.4.3 Failure to Remedy Defects

If the Contractor fails to make the desired repairs/replacement within 15 days of issue of notice pursuant

to GCC Sub clause 6.4.2 then such repairs/ replacement at the cost of the Contractor shall be carried out

by the Purchaser, with Stores of the same Particulars or when the Stores conforming to the stipulated

Particulars are not in the opinion of the Purchaser readily procurable, such opinion being final, then the

nearest available substitute thereof.

The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores, as the case may

be, which is defective or fails to fulfil the requirements of the Contract and make the desired

repairs/replacement as stipulated above. In the event of such rejection the Purchaser shall be entitled to

use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the

Purchaser to obtain replacement, as herein before provided.

6.4.4 Extension of Defects Liability Period

a) If the Stores or any part thereof cannot be used by reason of such defect and/or making good of such

defect, the Defect Liability Period of the Stores or such part, as the case may be, shall be extended by

a period equal to the period during which the Stores or such part cannot be used by the Purchaser

because of any of the aforesaid reasons. Upon correction of the defects in the Stores or any part

thereof by repair/replacement, such repair/replacement shall have the Defects Liability Period for a

period of twelve (12) months from the time such repair/replacement of the Stores or any part thereof

has been completed.

b) In addition, the Contractor shall also provide an extended warranty for any such Stores and during the

period of time as may be specified in the SCC. Such obligation shall be in addition to the defect

liability period specified under GCC sub-clause no. 6.4.1.

6.4.5 Latent Defects Liability

At the end of Defects Liability Period, the Contractor‟s liability ceases except for latent defects. The

Contractor‟s liability for latent defects warranty for the plant and equipments including spares shall be a

limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and

equipment including spares.

In case, there is any dispute between the Purchaser and the Contractor regarding latent defects, any of the

parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the

Contractor, shall be engaged by the Purchaser for settling the dispute.

The third party, so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the

execution of its duties as mentioned above. These costs shall be initially paid by the Purchaser. In case

of latent defect being proved, such costs shall be recoverable from the Contractor and the Contractor shall

bear and reimburse such costs to the Purchaser.

If the dispute regarding latent defects can not be settled as above, then the dispute shall be settled as per

provision of GCC Clause 14 (Settlement of Dispute)

6.5 Transfer of Ownership

6.5.1 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main

Indian contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas

Sales basis.


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6.5.2 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall

be transferred to the Purchaser when the Stores are brought on to the Site. The Purchaser will issue the

requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax.

6.5.3 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be

transferred to the Purchaser on sale in transit basis. The Purchaser will issue the requisite sales tax

declaration form(s) in order to get the benefit of any concession in the rate of sales tax. Further, in case of

all components, equipments and materials identified by the Contractor and the Purchaser to be dispatched

directly from the sub-contractor‟s works to Purchaser‟s site in a State different from the State wherein

sub-contractor‟s works are located, the Contractor shall effect sale in transit.

6.5.4 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the

contract. Notwithstanding the transfer of ownership of the Stores, the responsibility for care and custody

thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe

delivery of the Stores to the Purchaser‟s site.

6.6 Intellectual Property Rights (IPR) Indemnification

6.6.1 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and

officers from and against all claims which may be made in respect of Stores covered by this contract

against infringement of any right protected by Patent Registration, Law of Designs, Trade Marks, utility

model, copyright and other intellectual property rights registered or otherwise existing.

6.6.2 Provided that such indemnity shall not apply when such infringement has taken place in complying with

the specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges

payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use

was the result of any drawings and/or specifications issued by the Purchaser after submission of the price

bid or revised price bid, if any.

6.7 Indemnity against Loss / Damage

6.7.1 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe

delivery to the Purchaser‟s site.

6.7.2 Contractor shall indemnify the Purchaser against all latent defects of the stores, for a period of five (05)

years from the end (i.e. satisfactory completion) of the Defect Liability period.

6.7.3 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full

value of Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractor‟s works

outside Purchaser‟s site, till such time the entire contract is executed and proper account for the FIM is

rendered by the former to the latter.

6.7.4 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers, and their

respective agents, against all claims, demands, damages, losses, costs and expenses of whatsoever nature

(including legal fees and expenses) in respect of :

a) bodily injury, sickness, disease or death, of any person whatsoever

b) damage to or loss of any property, real or personal (other than the facilities whether accepted or not)

arising in connection with design, manufacture, supply and delivery of the stores and remedying of any


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defects, unless attributable to any negligence, wilful act or breach of the Contract by the Purchaser, its

employees, officers or their respective agents.

6.7.5 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or

charges payable by him under any Act of Parliament, State Laws, any Government instrument, rule or

order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date

of submission of tender.

(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims, damages

and expenses arising out of his failure to obtain all permit and licenses which he is required to comply

with in respect of Laws, Ordinances, Regulations of the Central or State Government and/or Local/Public

Authorities.

6.7.6 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011 thereof;

(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under

Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following limitations, as stipulated in

Rule 24 of the Civil Liability for Nuclear Damage Rules, 2011:

The Contractor‟s liability shall be to the extent of the Operator‟s liability under sub-section(2) of Section

6 of the Act or the value of the contract, whichever is less,

AND

The duration of Contractor‟s liability shall be limited to duration of initial license issued by AERB or the

product liability period, whichever is longer.

(b) The term “supplier” and the duration and extent of supplier‟s liability are explained in Rule 24 of the Civil

Liability for Nuclear Damage (CLND) Rules, 2011. For any questions relating to supplier‟s liability

under section 17 of the Civil Liability for Nuclear Damage (CLND) Act, 2010, Government of India‟s

clarifications dated February 08, 2015 may be referred to. These have been posted at the websites of

Ministry of External Affairs and the Department of Atomic Energy under the title “Frequently Asked

Questions and Answers on Civil Liability for Nuclear Damage Act 2010 and Related Issues”.

(c) In regard to contracts with manufacturers of or vendors for supply of systems, equipment, components, or

building of structures, or provision of services to nuclear installations which are operating or are under

construction or those to be installed in future for which NPCIL is the system designer and technology

owner, being responsible for safety design of such installations, NPCIL shall assume the role of supplier

in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND Rules, 2011 and

in the context of section 17(a) and (b) of the CLND Act, 2010.

(d) Other suppliers can avail the Nuclear Suppliers‟ Special Contingency (Against Right of Recourse)

Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under

section 17(a) and (b) of the CLND Act, 2010. NPCIL maintains the operator‟s statutory insurance under

the CLND Act, 2010 by subscribing to the Nuclear Operator‟s Liability Policy offered by the India

Nuclear Insurance pool, thereby subrogating to the India Nuclear Insurance pool the operator‟s “right of

recourse” against suppliers under section 17(a) & (b) of the CLND Act, 2010.

6.8 Indemnity for Taxes and Duties

6.8.1 Contractor hereby protects, indemnifies and holds harmless the Purchaser from any and all claims or

liability for income, excess profits, customs duties, royalty or any other taxes, duties, penalties etc.,

assessed or levied by the government of India or by any appropriate authority thereof or by the

government of any other country against Contractor or its Subcontractor or against the Purchaser for or on

account of any payment made to or earned by Contractor or its Subcontractor hereunder.


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Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or

on account of wages, salaries or other benefits paid to Contractor‟s employees or employees of its

Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of

the Contractor.

6.8.2 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments, payment

under protest or claim for immunity or exemption from any taxes and duties.

6.8.3 The Contractor shall be responsible for filing all necessary Tax returns (including, without limitation,

returns for Corporate Income tax, Personal Income tax, Service tax, Sales tax and Excise Duty) with the

relevant Government Authorities in accordance with all applicable statutory requirements and shall be

responsible for providing all information requested by such Government Authorities.

6.8.4 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant

Government Authorities and furnish such information as requested for by the relevant Government

Authorities.

6.8.5 In certain situations, a Government Authority may treat the Purchaser as the representative assessee of the

Contractor and/or its subcontractors and recover the Taxes due to the Government Authority by the

Contractor or its subcontractors from the Purchaser. In such situations, the Purchaser shall have the

following rights:

(a) The Purchaser shall be entitled to recover from the Contractor, the Taxes paid on behalf of the

Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in

connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its

subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall

pay only the balance, if any, to the Contractor; and

(b) If the Purchaser is required to furnish any details or documents in such capacity, the Purchaser shall

request the details or documents to be furnished to it by the Contractor and the Contractor shall

immediately furnish the same to the Purchaser. If the Contractor fails to comply with the foregoing,

any penalty/interest levied on the Purchaser for non-filing or late filing of details or documents in this

regard shall be recoverable from the Contractor.

6.9 Limitation of Liability

6.9.1 Except in cases of criminal negligence or wilful misconduct,

(a) the Contractor shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any

indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest

costs, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated

damages and/or any other penalties/recovery etc. specifically provided for in the Contract, to the

Purchaser

(b) the aggregate liability of the Contractor to the Purchaser, whether under the Contract, in tort or

otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the


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cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify

the Purchaser with respect to IPR infringement.

6.10 Insurance

6.10.1 General Requirements for Insurances

The Contractor shall, “at his own cost”, take out and maintain in effect the following Insurance based on

reinstatement value during the performance of the contract and the Purchaser shall be named as co-

insured under all insurance policies. All Insurer‟s rights of subrogation against co-insured shall be

waived. Deductibles / excesses if any, under the insurance policies shall be borne by the Contractor. The

identity of the insurers and the type of policies shall be subject to the approval of the Purchaser.

Unless otherwise stated, insurances under this sub-clause shall cover all physical loss / damage and third

party liability subject only to minimum compulsory / general exclusions.

Alterations to the terms of insurance shall not be made without the approval of the Purchaser.

The required insurance coverage referred to and set forth in this clause shall in no way affect or limit

Contractor's liability with respect to performance of the work or any obligation under the contract / law.

6.10.2 Insurance of Free Issue Materials

The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No. 9.2.3 (Insurance

of FIM), to cover loss or damage to FIM supplied by the Purchaser.

6.10.3 Cargo Insurance during Transport

During Marine transit (Sea/Air) and Inland transportation, covering loss or damage as per ICC – clause –

„A‟ with War / Strike-Riot-Civil Commotions (SRCC) provisions, for full replacement value of the

consignment/cargo from the Contractor‟s or Sub-contractor‟s works or Stores until arrival at Purchaser‟s

site.

6.10.4 In all insurance policies mentioned in this clause, Purchaser shall be named as “Loss Payee”.

6.10.5 Unless otherwise provided in the contract, the Contractor shall prepare and conduct all and any claims

made under the policies effected by it pursuant to this GCC sub-clause 6.10 and the monies payable by

any insurers to the Purchaser – as „Loss Payee‟ shall in turn be paid to the Contractor as per the procedure

outlined in GCC sub-clause 6.10.6 below. The Purchaser shall give to the Contractor all such reasonable

assistance as may be required by the Contractor in preparation and / or settlement of claims with the

insurers. With respect to insurance claims in which the Purchaser‟s interest is involved, the Contractor

shall not give any release or make any comprise with the insurer without the prior written consent of the

Purchaser.

6.10.6 a) Wherever the total damages / loss of equipment / materials would occur, the Contractor would be

entitled to payment to all amounts received from the insurer(s) except the following amounts :


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(i) the amount paid to the Contractor under the contract in respect of equipment / materials /

services damaged / lost, excluding pro-rata initial / mobilization advance but including

the entire amount of Price Adjustment, if any, already paid to the Contractor.

(ii) taxes, duties, and other statutory levies, which have already been reimbursed by the

Purchaser.

In the event the claim money settled is less than the total of the amounts in (i) & (ii) above, then

the entire claim money settled will be retained by the Purchaser and the Contractor will forewith

pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and

the total of the amounts as per (i) & (ii) mentioned above.

Subsequent payments, if any, due under the contract shall be regulated by the relevant terms of

payment.

(b) In case of partial damage to any equipment / material during any stage, upon rectification of the

damaged equipment / material to the satisfaction of the Purchaser, the Contractor shall be paid to

the extent of claims settled by the Insurer(s).

(c) In both the scenario‟s (a) & (b) above, any amount(s) disputed by the Insurers and / or not settled

/ paid by them shall be to the Contractor‟s account.

6.10.7 The Contractor shall ensure that, where applicable, its sub-Contractor(s) shall take out and maintain in

effect adequate insurance policies for their personnel and vehicles and for work executed by them under

the contract, unless such sub-Contractors are covered by the insurance policies taken out by the

Contractor

6.11 Force Majeure

6.11.1 Definition of Force Majeure

Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser, as the

case may be, which they could not foresee or with a reasonable amount of diligence could not have

foreseen and which substantially affects the performance of the Contract, such as

a) war, hostilities or warlike operations (whether a state of war be declared or not), invasion, act of

foreign enemy and civil war,

b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, civil

commotion,

c) embargo, import restriction, confiscation, nationalization, mobilization, commandeering or requisition

by or under the order of Central, State Government or Local Authority in India or any other act or

failure to act, of any local, state or national government in India,

d) riot, State/region/country wide transporters strike,

e) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone,

hurricane, storm, lightning and pressure waves or other natural disaster,

f) nuclear event causing nuclear radiation, radioactive contamination.

6.11.2 Notice of Force Majeure

If either party is prevented, hindered or delayed from or in performing any of its obligations under the

Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such

event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.


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6.11.3 Duty to Minimise the effect

The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the

effect thereof upon its or their performance of the Contract and to fulfil its or their obligations under the

Contract.

6.11.4 Consequences of Force Majeure

The party who has given notice of Force Majeure shall be excused from the performance or punctual

performance of its obligations under the Contract for so long as the relevant event of Force Majeure

continues and to the extent that such party‟s performance is prevented, hindered or delayed. The Time for

Completion shall be extended in accordance with GCC clause no. 12.1 (Extension of Time for

Completion), even though such force Majeure event may occur after Contractor‟s performance of his

obligations has been delayed for other cause.

No delay or non-performance by either party hereto caused by the occurrence of any event of Force

Majeure shall

(a) constitute a default or breach of the Contract,

(b) give rise to any claim for damages or additional cost or expense occasioned thereby;

if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force

Majeure.

If the performance of the Contract is substantially prevented, hindered or delayed for a single period of

more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on

account of one or more events of Force Majeure during the currency of the Contract, the parties will

attempt to develop a mutually satisfactory solution.

6.11.5 Force Majeure Affecting Sub-Contractor

If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from

Force Majeure on terms additional to or broader than those specified in this Clause, such additional or

broader Force Majeure events or circumstances shall not excuse the Contractor‟s non-performance or

entitle him to relief under this Clause.

6.11.6 Limitations

Anything in this Contract to the contrary notwithstanding:

a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross

negligence of the affected Party aggravates the Force Majeure Event; and

b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under

the Contract.

6.12 Liability of the Government of India

6.12.1 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its

own behalf under the applicable Laws of India and general principles of Contracts Law.


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6.12.2 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so

solely on its own behalf. The Government of India is not a party to the agreement and has no liability,

obligations or rights in the deal.

6.12.3 It is expressly stated that the Purchaser is not an agent, representative or delegate of the Government of

India and the latter shall not be liable for any act, omission, commission, breaches or other wrongs arising

out of the Contract.

6.12.4 Accordingly, the Purchaser expressly waives releases and forgoes any and all actions or claims, including

cross claims, or counter claims against Government of India arising out of the Contract.

7 WORK PROGRAM

7.1 Contractor’s Organization

7.1.1 The Contractor shall deploy required number of qualified, experienced professionals in design,

engineering, planning, procurement, quality surveillance, etc. as committed under the Schedule of Key

Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a

chart showing the proposed organization to be established by the Contractor, for carrying out work at

Contractor‟s / Subcontractors premises. The chart shall include the identities of the key personnel together

with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the

Effective Date. The Contractor shall promptly inform the Purchaser and the Project Manager in writing of

any deletion or alteration of such an organization chart.

7.1.2 The Contractor shall furnish a phase-wise, month-wise detailed organization he proposes to deploy on the

work. The organization set up shall indicate number, category and grade of personnel in different

disciplines, to ensure satisfactory and timely completion of the package contract. Cost and time over runs

arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to

the contractor‟s account.

7.1.3 It is to be noted that time is the essence of contract. In order to achieve the schedules dates and to meet the

targets, the contractor shall plan to carry out all the activities connected with the contract on two shifts or

round the clock shift basis right from the initial stages. Sufficient number of engineering and supervisory

staff and labour force will have to be deployed in each shift to ensure that the schedules/ milestone targets

are met.

7.2 Program of Performance

7.2.1 Within twenty-eight (28) days of the Effective Date, the Contractor shall prepare and submit to the Project

Manager a detailed program of performance of the Contract, made in the form specified in the Contract

or acceptable to the Purchaser and showing the sequence in which it proposes to design, engineering,

procurement, manufacture, inspect test and supply the Stores, as well as the date by which the Contractor

reasonably requires that the Purchaser shall have fulfilled its obligations under the Contract so as to

enable the Contractor to execute the Contract in accordance with the program and to achieve Completion

in accordance with the Contract. The program so submitted by the Contractor shall accord with the Time

Schedule included in the corresponding Section (Time Schedule) of the Contract and any other dates and

periods specified in the Contract.

7.2.2 The Contractor shall update and revise the program as and when appropriate or when required by the

Project Manager, but without modification in the Contractual Delivery Date (CDD) and any extension


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granted in accordance with GCC clause no. 12.1 (Extension of Time for Completion), and shall submit all

such revisions to the Project Manager with a copy to the Purchaser.

7.3 Work Procedures

7.3.1 The Contract shall be executed in accordance with the Technical Specification and as per provision of the

Contract.

7.3.2 The Contractor may execute the Contract in accordance with its own standard project execution plans and

procedures to the extent that they do not conflict with the provisions contained in the Contract.

7.4 Progress of Performance

7.4.1 A meeting will be held in the office of the Project Manager with the Contractor‟s representative every

month to monitor the progress of work.

7.4.2 If at any time the Contractor‟s actual progress falls behind the program referred to in GCC sub-clause no.

7.2 (Program of Performance), or it becomes apparent that it will so fall behind, the Contractor shall, at

the request of the Purchaser or the Project Manager, prepare and submit to the Project Manager a revised

program, taking into account the prevailing circumstances and shall notify the Project Manager of the

steps being taken to expedite progress so as to deliver the Stores within the Contractual Delivery Date

under GCC sub-clause no. 4.2.2, any extension thereof entitled under GCC sub-clause no. 12.1 (Extension

of Time for Completion), or any extended period as may otherwise be agreed upon between the Purchaser

and the Contractor.

7.5 Progress Report

7.5.1 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC

sub-clause no. 7.2 above, and supply a progress report to the Project Manager every month.

7.5.2 The progress report shall be in a form acceptable to the Project Manager and shall indicate: (a) percentage

completion achieved compared with the planned percentage completion for each activity; and (b) where

any activity is behind the program, giving comments and likely consequences and stating the corrective

action being taken.

7.6 Hindrances

7.6.1 The Contractor is required to maintain Hindrance Register for reporting hindrance if any, while executing

the work, in an approved format. The Contractor shall get record of hindrances in the Hindrance

Register(s) approved / endorsed by the Project Manager. Such hindrance in the work endorsed by the

purchaser‟s authority will only be taken into consideration for granting time extension.

8 DESIGN AND ENGINEERING

8.1 General Design Obligation

8.1.1 The Contractor shall undertake all design and engineering to the extent specified in Technical

Specifications and necessary for manufacturing, supply of the Stores in accordance and conformity with

the provisions of the contract.


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8.1.2 In order to ensure effective interface coordination between various items covered under the contract, the

Contractor shall review and provide for all required interfaces between items and also interfaces between

items covered under the contract with all external interfaces to other items covered by Purchaser/ other

contractors‟ and ensure effective and efficient working of the interconnected systems of Purchaser‟s units.

8.1.3 Preparation of design, engineering drawings and other documents for the Stores by the Contractor shall be

such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance

Guarantees and will be such as could be legally, safely and reliably placed in commercial operation by the

Purchaser in accordance with prudent engineering practices.

8.1.4 The Contractor shall co-operate with the Purchaser‟s other Contractors and suppliers (if any) in the design

and engineering and otherwise accommodate their reasonable interface and interconnection requirements

within the limitations of Contractor's design and scope of work hereunder, provided that Purchaser's other

Contractors and suppliers shall also similarly co-operate with the Contractor. In case of any non-

agreement between the Contractor and Purchaser‟s other contractors & suppliers in this regard, the

decision of the Purchaser shall be final and bidding on all the parties.

8.2 Codes and Standards

8.2.1 Wherever references are made in the Contract to codes and standards in accordance with which the

Contract shall be executed, the edition or the revised version of such codes and standards current at the

date, one (01) day prior to date of Price bid opening shall apply unless otherwise specified. During the

Contract execution, any changes in such codes and standards shall be applied after approval by the

Purchaser and shall be treated in accordance with GCC clause no. 11 (Changes in the Scope of Work).

8.3 Review / Approval of Contractor’s Documents

8.3.1 The furnishing of engineering drawing/document by the Contractor shall be done in a phased manner in

accordance with the Schedule as specified in the technical specifications and/or as mutually agreed

between the Purchaser and the Contractor. The review of these Drawing/Data by the Purchaser will cover

only general conformance of the Drawing/Data to the specifications and documents. This review and/or

approval by the Purchaser shall not be construed by the Contractor, as limiting any of his responsibilities

and liabilities for mistakes and deviations from the requirements specified under these specifications and

documents. Only deviations accepted by the Purchaser through official letter from Project Manager or

through approved Design Concession Request (DCR) shall be considered as accepted deviations to

Technical Specifications.

8.3.2 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager

the documents after due diligent checking and internal approval of the Contractor, that as per Technical

Specifications require approval or review by the Purchaser. Any part of the Stores covered by or related to

the documents to be approved by the Project Manager shall be executed only after the Project Manager‟s

approval thereof. GCC sub-clauses no. 8.3.3 to 8.3.7 shall apply to those documents requiring the Project

Manager‟s approval, but not to those furnished to the Project manager for its review only.

8.3.3 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project

Manager‟s approval in accordance with GCC Sub-Clause no. 8.3.2 or the agreed date of submission of

such documents as per schedule, whichever is later, the Project Manager shall either return one copy

thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its

disapproval thereof and the reasons therefore and the modifications that the Project Manager proposes. If


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the Project Manager fails to take action within the said fourteen (14) days, then the Contractor shall be

entitled to extension of time in accordance with GCC Clause no. 12.1 (Extension of Time for

Completion). For documents submitted by the Contractor for Project Manager‟s approval, beyond

scheduled/agreed date, the Contractor‟s right to claim time extension as above shall stand extinguished.

8.3.4 The Project Manager shall not disapprove any document, except on the grounds that document does not

comply with Technical Specifications of the Tender or applicable codes/ standards or that it is contrary to

good engineering practice.

8.3.5 If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit

it within seven (7) days for the Project Manager‟s approval in accordance with GCC sub-clause no. 8.3.3.

If the Project Manager approves the document subject to modification(s), the Contractor shall make the

required modification(s), where upon the document shall be deemed to have been approved.

8.3.6 The Project Manager‟s approval, with or without modification of the document furnished by the

Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any

provisions of the Contract except to the extent that any subsequent failure that results from modifications

required in writing by the Purchaser.

8.3.7 All costs due to modifications/revisions to documents, drawings and associated re-engineering etc.

required to be carried out by the Contractor due to Purchaser‟s comments on Contractors documents/

drawings etc, shall be to the account of the Contractor.

8.3.8 The Contractor shall be responsible for making all necessary alterations of the Stores/ Facilities which are

occasioned due to any discrepancies, errors or omission in the drawings or other particulars submitted by

the Contractor irrespective of whether these have been approved by the Purchaser or not provided that

such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to

the Contractor by or on behalf of the Purchaser. If the Contractor fails to make such alterations, the

Purchaser may do so at the risk and cost of Contractor. In addition to above, any and all other expenditure

incurred by the Purchaser in this connection shall also be to the account of the Contractor.

8.3.9 The Contractor shall not depart from any approved document unless the Contractor has first submitted to

the Project Manager an amended document and obtained Project Manager‟s approval thereof, pursuant to

provisions of this GCC clause no. 8.3 (Review / Approval of Contractor‟s Documents). If the Project

Manager requests any change in any already approved document and/or in any document based thereon,

the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request.

8.3.10 The Contractor shall submit hard copies, reproducible and soft/scanned copies with passwords of all

drawings / documents including all latest/ as built drawings, to the Purchaser.

9 PROCUREMENT AND SUPPLY

9.1 General Provisions

9.1.1 The Contractor shall manufacture and/or procure and transport all the Stores in an expeditious and orderly

manner to the Site. The Contractor shall complete the process of placement of Purchase Order(s) on its

subcontractors and complete the procurement process in the respective time limits specified for these

activities in Technical Specifications.


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9.1.2 Procurement, Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected

to Purchaser‟s Quality Assurance (QA) requirement as per GCC clause no. 10 (Quality Assurance,

Inspection, Acceptance and Rejections).

9.2 Free Issue Materials (FIM)

9.2.1 For certain fabrication of items under supply portion, if specified in the tender, the Purchaser shall

provide Free Issue Material (FIM) to Contractor, as per quantities/sizes alongwith costs of such material

mentioned in the tender.

9.2.2 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM.

The cutting diagram or such proposal as approved by the Purchaser's Engineer shall form a part of the

Contract.

9.2.3 Unless otherwise specially mentioned in the Contract, on issue of the Contract, the Contractor shall be

advised to collect the FIM from any of the Purchaser's Stores at various sites/ headquarter and shall take

an Insurance Policy for the value of the FIM. The Insurance Policy shall be valid till the contractual/

actual delivery date or till the execution of the Contract and shall cover the following.

INSURED Name and address of the Contractor

BENEFICIARY Nuclear Power Corporation of India Limited, acting through Executive

Director, Directorate of Contracts and Materials Management or any other

officials authorised by NPCIL, .................. (address)

RISKS COVERED Any loss or damage to the Purchaser‟s material due to fire, riot, burglary,

strike, theft, and any damages arising out of external sources such as damages

due to the materials falling on Purchaser‟s materials.

9.2.4 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through

the period during which the materials will remain in his possession. The Contractor shall take all

necessary precautions against any loss, deterioration or destruction of the FIM from whatever cause

arising whilst the said material remains in his possession and/or his custody or control. The Contractor

shall also not mix-up the material in question with any of his goods and shall render true and proper

account of the material actually used. The decision as to whether the Contractor has occasioned any loss,

deterioration or destruction of the FIM whilst in his possession, custody or control from whatever cause

arising, as also the decision regarding quantum of the damages suffered by the Purchaser shall be final

and binding upon the Contractor.

9.2.5 The Insurance Policy with the details indicated at GCC clause no. 9.2.3 shall be furnished by the

Contractor to the Purchaser for acceptance. On acceptance of the Insurance Policy and Indemnity Bond

submitted as per GCC clause no. 3.4.7, by the Purchaser, the Contractor shall lift the FIM from

Purchaser's Stores at his own cost.


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9.2.6 On completion of fabrication or Foreclosure of Contract (GCC clause no. 13.1) or Termination of

Contract (GCC clause no. 13.2), the Contractor shall prepare a full account of the material used for the

fabrication and the balance available with him for return to the Purchaser. This account of FIM shall be

verified and accepted by the Project Manager before the Contractor is allowed to return the balance

material to Purchaser‟s Stores against such authorisation in writing.

9.2.7 The FIM account, accepted by the Project Manager alongwith proof of receipt of balance material by the

Stores Officer (Consignee), shall be produced by the Contractor for the release of the final payment to the

Contractor.

9.2.8 The Purchaser at all times have the right to enter the Contractor's premises where the free issue materials

are stored or where the free issue materials are under manufacture.

9.2.9 The Purchaser at his discretion may allow the balance material such as scrap, cut bits to be retained by the

Contractor in which event the value to be assigned to the balance material will be mutually agreed

between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractor's

account while settling his final payment.

9.3 Packing and Marking

9.3.1 Packing for Shipment shall be in accordance with the packing specification if any, given in the Tender

Document. The Contractor shall be responsible for the Stores being sufficiently and properly packed and

crated for transport by sea, air, rail or road, so as to ensure that they are free from any loss or damages till

their arrival at destination. The packing and marking of packages shall be done by and at the expense of

the Contractor.

9.3.2 Each package shall contain a Packing Note quoting Contract number and date, copy of Shipping Release

and one set of copy of test certificates. Each package shall be marked with name and address of the

Contractor, Contract No and date, brief description of the Stores and name and address of the Consignee,

dimensions, weight, lifting points and special handling instructions, if any.

9.4 Transportation

9.4.1 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 days‟ notice of the date on

which any major plant and machinery or other major goods will be delivered to the Site stating details

such as the description of the Stores, the point and means of dispatch, and the estimated time of arrival at

the Site.

9.4.2 For Contracts placed on free and safe delivery to Purchaser‟s site basis:

i) The Contractor shall transport at his own risk and expense and deliver the Items at the

destination specified by the Purchaser on free and safe delivery basis, by selecting any safe

mode of transport unless otherwise stated in the contract.

ii) Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all

freights and all costs and expenses for transporting the items to the place of delivery specified

in the Contract and the price specified in the Contract shall be inclusive of all such packing,

handling, forwarding, freight and transit insurance charges. The Contractor shall however,

indicate the break up price towards freight and transit insurance charges.

iii) Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe

mode of transport without any transhipment, to carry the Plant and Equipment.


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iv) The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities

for transportation of the Stores to the Site. The Contractor shall indemnify and hold harmless

the Purchaser from and against any claim for damage to roads, bridges or any other traffic

facilities that may be caused by the transport of the Stores to the Site.

v) The Contractor shall indemnify and hold the Purchaser harmless against and from all

damages, losses and expenses (including legal fees and expenses) resulting from the transport

of Stores and shall negotiate and pay all claims arising from their transport.

vi) In the event any stores or item is damaged, lost, stolen, destroyed or otherwise impaired while

in storage or transit, Contractor shall at its own expense and cost restore or replace such

affected stores or item.

9.4.3 In the case of Contract with Ex-works prices, the Contractor shall arrange transportation of the Stores

after Purchaser‟s prior approval of the selected transporter and transportation charges.

9.4.4 High Seas Sale

All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor, to

be delivered directly to the Purchaser‟s site from the port of import, shall be cleared on High Seas Sale

basis, at the price as shown in the Contract. In the event foreign Sub-contractor‟s invoice values exceeds

the corresponding value shown in the Contract, implication if any towards Customs Duty shall be to the

Contractor‟s account.

The contractor shall furnish all necessary documents for executing the High Seas sale agreement. In case

of delay / failure in submission of documents, the demurrage charges, penalty, sales tax, etc. shall be

borne by the contractor. Not withstanding High Seas sales, the Contractor shall remain responsible for all

work of port handling / clearance, inland transportation to site and till safe delivery of Stores at

Purchaser‟s site.

9.4.5 Documentation for Supply of Imported Items

At least three (3) days prior to the embarkation for India of each shipment of Stores, the Contractor shall

send a tele-fax to Purchaser setting forth the following information concerning each such shipment:

i) A description of the Stores contained in such shipment

ii) The date of embarkation and departure

iii) The port of origin

iv) The means of shipment (air or sea)

v) The estimated date of arrival in India compared with Contract Network Schedule

vi) The port of entry in India

vii) The value of the shipment

viii) The approximate weight and volume (gross and net)

ix) The name, flag and owner of the vessel if shipment is by sea or the designation of aircraft if

shipment is by air and

x) The number and value of bill of lading or airway bill.

Within three (3) days after embarkation for India of each shipment, the Contractor shall send to Purchaser

by courier for information, a copy of each of the following documents:

i) Shipping documents consisting of full set clean bill of lading;


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ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the

subject cargo is insured under marine cargo insurance;

iii) Invoice with itemised prices duly signed by Contractor;

iv) Copy of packing lists for each separate package;

v) Shipping release issued by Purchaser or his authorized representation;

vi) Certificate of origin;

vii) Any other documents needed for import clearance.

9.4.6 Documentation for Supply of Indigenous Items

On the day of transport, the contractor shall send to the Purchaser by courier for information, a copy of

each of the following documents:

i) Transportation documents like airway bill / lorry receipt / railway receipt / delivery challan, etc.

ii) Certificate of insurance;

iii) Invoice with itemised prices duly signed by Contractor.

iv) Copy of packing lists for each separate package;

v) Any other documents needed for excise / octroi clearance.

vi) Shipping release issued by Purchaser or his authorized representation;

vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise,

octroi, entry tax etc. for timely and safe delivery of items to the site.

9.4.7 All demurrage, wharfage and other expenses incurred due to delayed clearance of the material for any

reason, other than those for which the Purchaser is responsible, shall be to the account of the Contractor.

9.5 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-

contractor)

9.5.1 The Contractor‟s scope of work shall include obtaining all customs clearance, completing all clearance

formalities and handling at all ports of all equipment and material of non–Indian origin including those

where Purchaser is named importer.

9.5.2 The Contractor shall, at its own expense; handle all imported Stores at the point(s) of import and shall

handle any formalities for customs clearance. This clause shall be read in conjunction with ITT clause no.

9.0 for the purpose of Customs Duty. The Purchaser will make available to the Contractor all documents /

applications that are required to be made in the name of the Purchaser as per applicable laws or

regulations including requisite documents or certifications as per the extant rules and procedures for

availing the exemptions/concessions in Customs Duty, if any. However, it is the responsibility of the

Contractor to approach the Purchaser and obtain necessary documents / certificates from the Purchaser

well in advance.

9.5.3 The Contractor shall be responsible for the timely clearance of Stores through customs and for all

necessary documentation and procedural matters associated there with. The Contractor shall be

responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be

entitled to extension of time for completion of supply, it being the Contractor‟s responsibility to allow

sufficient time for clearance through customs.


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9.6 Training

9.6.1 The Contractor shall, if required by the Purchaser, provide facilities for the practical training of

Purchaser‟s engineering or technical personnel for operation and maintenance of the Stores. The

Purchaser shall bear boarding, lodging and travelling expenses of its personnel deputed for such training.

9.7 Manuals

Contractor shall submit to Purchaser, the manuals required for the Stores as listed in the technical

specification including but not limited to:

9.7.1 Quality Control Manual:

Quality assurance for material, procurement, manufacturing, packing and forwarding, preservation at site,

erection / Construction including field quality plan etc. shall be furnished with the bid by the Contractor

conforming to the standards to be employed by Contractor under the contract

9.7.2 Instruction manuals for equipments / systems:

Contractor shall forward Instruction Manuals, for operation and maintenance along with dispatch of

respective equipments/systems required for the plant, as provided by manufacturer / suppliers of

equipments / systems.

9.7.3 Operating Manual (Comprehensive & Integrated):

Contractor shall prepare and deliver to Purchaser, the Operating Manual having, but not limited to

complete equipment and system instructions for the start-up, operation and maintenance of the plant.

Contractor shall consult with Purchaser in the preparation of the Operating Manual and Purchaser will be

permitted to make recommendations as to the final form and substance of the Operating Manual. The

Operation Manual shall be consistent with Prudent Utility Practices, such that the various operations

under anticipated operating conditions, result in operation of the Stores at the capacity, efficiency,

reliability, safety and maintainability levels contemplated in the contract and shall in no way impair any

warranty or guarantee on equipment, materials or services relating to the Stores supplied by Contractor

under the contract.

10 QUALITY ASSURANCE, INSPECTION, ACCEPTANCE AND REJECTIONS

10.1 Quality Assurance Program

10.1.1 The Stores under the scope of this Contract whether manufactured or performed within the Contractor‟s

Facilities or at his Sub-contractor‟s premises or at the Purchaser‟s site or at any other place of work shall

be subjected to quality surveillance commensurate with Purchaser‟s QA programme to control such

activities at all stages necessary, and inspection by the Purchaser‟s authorised Quality Surveillance

Engineer.

10.1.2 Quality Management System of Contractor: In order to provide assurance to the purchaser, the contractor

shall, based on the Purchaser's QA Programme, prepare a QA manual, which shall be finally accepted by

the Purchaser after discussions before commencement of work. The Quality Management System of the

contractor shall generally cover, but not limited to the following:

a) His organization structure for the management and implementation of the proposed quality

management system including interfaces.

b) Design capabilities & control.

c) Documentation control system.


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d) Qualification data for Contractor‟s key personnel.

e) The procedure for purchase or materials, parts, components and selection of Sub-contractor‟s services

including vendor analysis, source inspection, incoming raw material inspection, verification of

materials purchased etc.

f) Traceability of material used in production.

g) System for shop manufacturing and construction/fabrication controls through QA plans.

h) Control of non-conforming items and system for corrective and preventive actions, including disposal

of non-conforming items.

i) Inspection and test procedures for manufacturing activities.

j) Control of calibration and testing of inspection, measuring and testing equipment

k) System of indication and appraisal of inspection status.

l) System of quality audits.

m) Training, certification and authorization of personnel.

n) System for authorizing release of manufactured product to the Purchaser. System of intimation by the

contractor, and approval by the Purchaser of stages of completion of Stores.

o) System for maintenance of records.

p) System for handling, storage, preservation and delivery of items.

10.1.3 In addition, the contractor shall establish a quality plan detailing out the specific quality control procedure

to be adopted for controlling the quality characteristics relevant to each item of Stores which are to be

supplied as per the contract, in consultation with the Project Manager and have it approved by him before

start of the work. The contractor shall also submit a list of all key persons to be engaged in the contract,

along with their qualification, experience, organizational position etc.

10.1.4 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System, as agreed

upon mutually between Purchaser and Contractor, is being implemented by contractor and his sub-

contractor, and not inspection. NPCIL QA will carry out random quality check, for which certain

tests/inspections may be required to be repeated, as stipulated in approved QAP. For compliance with

above requirements, “Quality Assurance in Supply contracts” attached in the tender document shall be

followed.

10.1.5 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks

of completion, which shall include relevant test reports connected with all engineering controls adopted

by him during manufacture/construction. The Project Manager/ Purchaser or his duly authorized

representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and

procedures of the Quality Management and Control Activities of the Contractor/ his vender.

10.2 Inspection, Testing and Rejection

10.2.1 The Project Manager, his duly authorised representative and/or an outside inspection agency acting on

behalf of the Purchaser shall have at all reasonable times access to the Contractor‟s premises or facilities

and shall have the power at all reasonable times to inspect and examine the materials and workmanship

during manufacture and if part of the Stores is being manufactured or assembled at other premises or

works, the Contractor shall obtain for the Project Manager and for his duly authorised representative

permission to inspect as if the Stores were manufactured or assembled on the Contractor‟s own premises.


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10.2.2 The Contractor shall give the Purchaser‟s Personnel full opportunity to carry out these activities,

including providing access, facilities, permissions and safety equipment. No such activity shall relieve the

Contractor from any obligation or responsibility.

10.2.3 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture and/or

on the site or at such places as may be specified by the Inspector at the Contractor's risk, expense and

cost. The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall

perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications

and approved inspection plan. In default of such notice, the Project Manager/ Purchaser shall be entitled

to appraise the quality and extent thereof.

10.2.4 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to

him free of cost by the Contractor and/or from the specified agency.

10.2.5 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests. When the

specified tests have been passed, the Purchaser shall endorse the Contractor‟s test certificate, or issue a

certificate to him, to that effect.

10.2.6 Where consignments are required to be delivered / despatched after inspection by the Inspector as per the

Contract, a "Shipping Release" issued by the Inspector shall be enclosed along with the delivery challan

or other shipping documents viz. (Lorry Receipt, Railway Receipt) accompanying the consignments.

10.2.7 The Contractor agrees that neither the execution of a test and/or inspection of Stores or any part of the

Stores, nor the attendance by the Purchaser, nor the issue of any test certificate, shall release the

Contractor from any other responsibilities under the Contract.

10.2.8 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of

the test and/or inspection of the Stores that cannot be settled between the parties within a reasonable

period of time, it may be referred to Arbitration for determination in accordance with GCC clause no. 14

(Settlement of Disputes).

10.2.9 Except as otherwise specified in the Contract, the Contractor shall provide all apparatus, assistance,

documents and other information, electricity, equipment, fuel, consumables, instruments, labour,

materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests

efficiently. The Contractor shall agree, with the Purchaser the time and place for the specified testing of

any Stores.

10.2.10 The Purchaser may require the Contractor to carry out any test and/or inspection not covered by the

Contract, provided that the Contractor‟s reasonable costs and expenses along with taxes & duties as

applicable, incurred in the carrying out of such test and/or inspection shall be payable extra by the

Purchaser. Further, if such test and/or inspection impedes the progress of work on the Stores and/or the

Contractor‟s performance of its other obligations under the Contract, due allowance will be made in

respect of the Time for Completion and the other obligations so affected.

10.2.11 The stores received by the Purchaser will also be subject to inspection and test as may be considered

necessary by the Quality Surveillance Engineer / Purchaser and his decision as regards rejection of Stores

shall be final and binding on the Contractor. If any stores are rejected as aforesaid, without prejudice to

the foregoing provision, the Purchaser shall be at liberty to:


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a) Allow the Contractor to resubmit without prejudice to the Purchaser‟s right to claim and recover

Liquidated Damages as provided in GCC clause no.6.2 (Delay in Supply), Stores in replacement of

those rejected within a time specified by Purchaser, the contractor bearing the cost of freight for such

replacement without being entitled to any extra payment thereof.

b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost

of the Contractor in accordance with the provisions contained in GCC clause no. 13.2 (Cancellation /

Termination of Contract in Full or Part).

10.2.12 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor

within fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous,

infected or perishable Stores, the Inspector (whose decision shall be final) shall notify the Contractor to

remove such Stores within 48 hours of receipt of intimation of rejection and it shall be the duty of the

Contractor to remove such rejected Stores and the same shall lie at the Contractor's risk from the time of

such rejection and if not removed within the aforementioned time, the Purchaser shall have the right either

to return the rejected Stores to the Contractor at the Contractor's risk by such mode of transport as

Purchaser may select, dispose off or segregate such Stores as he thinks fit at the Contractor's risk and on

his account and appropriate such portion of the proceeds as may be necessary and recover any damages or

expenses incurred by the Purchaser in connection with said sale and storage, if any. Freight paid by the

Purchaser on Stores received and rejected after examination at destination shall be recoverable from the

Contractor.

10.3 Supervision of Erection & Commissioning:

10.3.1 The Contractor shall depute qualified personnel to Purchaser‟s site during erection and commissioning of

the Stores as specified in SCC/ Contract.

11 CHANGE IN THE SCOPE OF WORK

11.1 Right to vary

11.1.1 Purchaser shall have the right to propose, and order the Contractor from time to time during the

performance of the Contract to make any change, modification, addition or deletion to, in or from the

Stores (hereinafter called “Change”), provided that such Change falls within the general scope of the

work and does not constitute unrelated work and that it is technically practicable, taking into account both

the state of advancement of the work and the technical compatibility of the Change envisaged with the

nature of the Stores as specified in the Contract.

11.1.2 The Contractor may from time to time during its performance of the Contract propose to the Purchaser

(with a copy to the Project Manager) any Change that the Contractor considers necessary or desirable.

The Purchaser may at its discretion approve or reject any Change proposed by the Contractor.

11.1.3 Notwithstanding GCC sub-clauses no. 11.1.1 and 11.1.2, no change made necessary because of any

default of the Contractor in the performance of its obligations under the Contract and/or for Contractor‟s

convenience, shall be deemed to be a Change, and such change shall not result in any adjustment of the

Contract Price or the Time for Completion.

11.2 Changes Originating from Purchaser


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11.2.1 If the Purchaser proposes a Change pursuant to GCC sub-clause no.11.1.1, it shall send to the Contractor

a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to the Project Manager

as soon as reasonably practicable a “Change Proposal,” which shall include the following:

(a) brief description of the Change

(b) effect on the Time for Completion

(b) estimated cost of the Change

(c) effect on Functional Guarantees (if any)

(d) effect on any other provisions of the Contract.

11.2.2 Upon receipt of the Change Proposal, the Purchaser and the Contractor shall mutually agree upon all

matters therein contained. Within thirty (30) days after such agreement, the Purchaser shall, if it intends to

proceed with the Change, issue the Contractor with a Change Order.

If the Purchaser is unable to reach a decision within thirty (30) days, it shall notify the Contractor with

details of when the Contractor can expect a decision.

If the Purchaser decides not to proceed with the Change for whatever reason, it shall, within the said

period of thirty (30) days, notify the Contractor accordingly.

11.2.3 If the Purchaser and the Contractor cannot reach agreement on the price for the Change, an equitable

adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the

Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending

Agreement Change Order.”

Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with

effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on

the outstanding issues under the Change Proposal.

If the parties cannot reach agreement within ninety (90) days from the date of issue of the Pending

Agreement Change Order, then the matter may be resolved in accordance with the provisions of GCC

clause no. 14 (Settlement of Disputes).

11.3 Changes Originating from Contractor

11.3.1 If the Contractor proposes a Change pursuant to GCC sub-clause no. 11.1.2, the Contractor shall submit

to the Project Manager a written Change Proposal giving reasons for the proposed Change and including

the information specified in GCC sub-clause no. 11.2.1. Upon receipt of the Change Proposal, the parties

shall mutually agree on cost implications thereof.

12 TIME EXTENSION

12.1 Extension of Time for Completion

12.1.1 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no. 4.2.2 shall be

extended if the Contractor is delayed or impeded in the performance of any of its obligations under the

Contract by reason of any of the following:

(a) any Change in the Scope of Work as provided in GCC clause no. 11.

(b) any occurrence of Force Majeure as provided in GCC clause no. 6.11,

(c) any delay in approval of drawing / document by the Purchaser, under GCC Sub-clause no. 8.3.3.

(d) any default or breach of the Contract by the Purchaser, specifically including failure to supply the

items listed in the Contract, or any activity, act or omission of any other contractors employed by

the Purchaser.


GCC/SUPPLY-1/R-4 (28.12.2016) 48 of 54

(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no.

7.6 (Hindrances)

(f) any other matter specifically mentioned in the Contract

by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay

or impediment sustained by the Contractor

12.1.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Purchaser

a request for an extension of the Time for Completion, together with particulars of the event or

circumstance justifying such extension as soon as reasonably practicable after the commencement of such

event or circumstance. As soon as reasonably practicable after receipt of such request and supporting

particulars, the Purchaser shall intimate the Contractor the period of such extension. In the event that the

Contractor does not accept the Purchaser‟s estimate of a fair and reasonable time extension, the

Contractor shall be entitled to refer the matter for resolution, pursuant to GCC clause no. 14 (Settlement

of Disputes).

12.1.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its

obligations under the Contract.

12.1.4 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-

clause no. 12.1.2 without levy of Liquidated Damages. In the event of grant of such extension of time, the

Purchaser shall also reimburse the contractor increase in Statutory levies, if any, in the extended delivery

period.

12.1.5 In the event of grant of extension of time as per this GCC clause no. 12.1 (Extension of Time for

Completion), the provisions of price adjustment as per GCC clause no. 5.4 (Price Adjustment) shall also

be applicable in this extended time for completion subject to overall ceiling of price adjustment as per

GCC sub-clause no. 5.4.3 (a) and (b) and as per provision of GCC sub-clause no. 5.5.6.

12.1.6 In the event of extension of time for delays due to reasons attributable to the Contractor, the provisions of

this GCC clause no. 12.1 (Extension of Time for Completion) shall not be applicable and provisions of

GCC clause no. 6.2 (Delay in Supply) and/or GCC clause no. 13.2 (Cancellation / Termination of

Contract in Full or Part) shall be applicable in such cases.

13 FORECLOSURE AND TERMINATION

13.1 Foreclosure of Contract

13.1.1 If at any time after acceptance of the tender / during execution of work the Purchaser shall decide to

abandon or reduce the scope of the work for any reason whatsoever and hence not require the whole or

any part of the work to be carried out, the Purchaser shall give notice in writing to that effect to the

Contractor and the Contractor shall have no claim to any payment of compensation or otherwise

whatsoever, on account of any profit or advantage which he might have derived from the execution of the

work in full but which he did not derive in consequence of the foreclosure of the whole or part of the

Contract.

13.1.2 Upon receipt of the notice of foreclosure under GCC sub-clause no. 13.1.1, the Contractor shall either

immediately or upon the date specified in the notice of foreclosure

a) Cease all further work, except for such work as may be specified in the notice of termination for the


GCC/SUPPLY-1/R-4 (28.12.2016) 49 of 54

sole purpose of protecting that part of the Stores already executed.

b) Terminate all subcontracts, except those to be assigned to the Purchaser pursuant to paragraph „d (ii)‟

below

c) Stop all further purchasing and/ or subcontracting activities related to work foreclosed.

d) In addition, the Contractor, subject to the payment specified in GCC sub-clause 13.1.4, shall

i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of

foreclosure

ii) to the extent legally possible, assign to the Purchaser all right, title and benefit of the Contractor

to Stores as of the date of foreclosure, and, as may be required by the Purchaser, in any

subcontracts concluded between the Contractor and its Subcontractors.

iii) deliver to the Purchaser all non-proprietary drawings, specifications and other documents

prepared by the Contractor or its Subcontractors as at the date of foreclosure in connection with

the stores.

13.1.3 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the

Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores)

provided, however, the Purchaser shall be bound to take over the materials or such portions thereof as the

Contractor does not desire to retain.

13.1.4 In the event of Foreclosure of the Contract under GCC sub-clause no. 13.1.1, the Purchaser shall pay to

the Contractor the full amount at contract rates, properly attributable to supplies completed and/or the

parts of the Stores executed by the Contractor as of the date of foreclosure. In addition the Purchaser shall

also pay a further reasonable amount as certified by the Project Manager but not more than the amount

proportionate to the value of balance work, for the items hereunder mentioned which could not be utilized

on the work to the full extent because of the foreclosure:

a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no.

13.1.3, cost of such materials as detailed by the Purchaser. The cost shall however take into account

purchase price, cost of transportation and deterioration or damage which may have been caused to

materials whilst in the custody of the Contractor, provided that the value so arrived should not be

more than the proportionate rate of item of the Contract.

b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account

of the same pursuant to GCC sub-clause no. 9.2.6 and balance FIM, shall be returned by the

Contractor to the Purchaser at rates not exceeding those at which these were originally issued. Any

deterioration or damage which may have been caused whilst the Free Issue Materials were in the

custody of the Contractor shall be to the account of the Contractor. In addition, cost of

transportation of such Free Issue Materials from Contractor‟s works/stores to the stores of the

Purchaser, if so required by the Purchaser, shall be paid to the Contractor.

The Contractor shall, as required by the Purchaser, furnish to him books of account, wage books, time

sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount

payable under this clause

13.2 Cancellation / Termination of Contract in Full or Part

13.2.1 The Purchaser, without prejudice to any other rights or remedies it may possess, may terminate the

Contract forthwith as a whole or only such items of work in default, in the following circumstances by


GCC/SUPPLY-1/R-4 (28.12.2016) 50 of 54

giving a notice of termination and its reasons thereof to the Contractor, referring to this GCC sub-clause

13.2.1:

If the Contractor;

a) shall offer, or give or agree to give to any person in the Purchaser‟s service or to any other person on

his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to

do or having done or forborne to do any act in relation to the obtaining or execution of this or any

other Contract for the Purchaser; or

b) shall enter into a contract with the Purchaser in connection with which commission has been paid or

agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the

terms of payment thereof have previously been disclosed in writing to the Purchaser; or

c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide

methods of competitive tendering; or

d) Adopts or has engaged in “fraudulent practice” like misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the Purchaser, collusive

practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial

non-competitive levels and to deprive the Purchaser of the benefits of free and open competition.

e) Adopts or has engaged in “coercive practice” like harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in the procurement process or

affect the execution of a contract.

f) being an Individual, or if a firm, any partner thereof, shall at any time be adjudged insolvent or have a

receiving order or order for administration of his estate made against him or shall take any

proceedings for liquidation or composition (other than a voluntary-liquidation for purpose of

amalgamation or reconstruction) under any insolvency Act for the time being in force or make any

conveyance or assignment of his effects or composition or arrangement for the benefit of his

creditors or purport so to do, or if any application be made under any insolvency-Act for the time

being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his

creditors; or

g) Being a company, shall pass a resolution or the Court shall make an order for the liquidation of its

affairs, or a receiver or manager on behalf of the debenture holders shall be appointed or

circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or

manager; or

h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21

days; or

i) assigns, transfers, subcontracts (engagement of labour on a piece-work basis or of labour with

materials not to be incorporated in the work shall not be deemed to be subletting) or attempts to

assign, transfer or subcontract the entire work or any portion thereof without the prior written

approval of the Purchaser.

13.2.2 In the event of default by the Contractor in the following circumstances, the Purchaser may, without

prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the

nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or

to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Purchaser

may terminate the Contract as a whole or only such items of work in default, by giving a notice of

termination and its reasons thereof to the Contractor referring to this GCC sub-clause no. 13.2.2.

If the Contractor


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(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to

continue performance of his obligation under the contract, or

(b) has without valid reason failed to commence work on the Stores promptly or has suspended the

progress of Contract performance for more than twenty-eight (28) days after receiving a written

instruction from the Purchaser to proceed, or

(c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to

carry out its obligations under the Contract without just cause, or

(d) refuses or is unable to provide sufficient materials, services or labour to execute and complete the

supply of Stores in the manner specified in the program furnished under GCC clause 7.2 at rates of

progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of

the supply of Stores by the Time for Completion as extended, or

(e) at any time makes default in proceeding with the work with due diligence and continues to do so after

a notice in writing of 7 days from the Purchaser, or

(f) commits default in complying with any of the terms and conditions of the Contract and does not

remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in

that behalf by the Purchaser, or

(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s), and does

not complete them within the period specified in a notice given in writing in that behalf by the

Purchaser.

13.2.3 In case the Contract is terminated under GCC sub-clause no. 13.2.1 or 13.2.2 above the Contractor shall

not be entitled to recover or be paid any sum for any work thereof or actually performed under this

Contract unless and until the Project Manager has certified in writing the performance of such work and

the value payable in respect thereof and he shall only be entitled to be paid so certified.

13.2.4 In case the Contract is terminated under GCC sub-clause 13.2.1 or 13.2.2 above, the Purchaser shall on

such termination have powers to purchase from elsewhere, at the risk and cost of the Contractor, the

Stores or part thereof, not delivered and contract for which is terminated, or other items of similar

description when such Stores exactly complying with the Particulars are not in the opinion (such opinion

being final) of the Purchaser readily procurable.

13.2.5 In the event of action being taken under GCC clause no. 13.2.4, the Contractor shall also be liable for

Liquidated Damages for delay in deliveries, which the Purchaser is entitled to recover as per GCC clause

no. 6.2 (Delay in Supply) on that account provided an agreement for such alternate purchase from

elsewhere, is made within (six) 6 months of the letter of cancellation sent to the Contractor. The

Contractor shall not be entitled to any gain on such purchase made on account of default. The manner and

method of such alternate purchase shall be at the entire discretion of the Purchaser, whose decision shall

be final. This right shall be without prejudice to the right of the Purchaser, to recover the damages for

breach of Contract by the Contractor as provided in the Contract or under the general law.

13.2.6 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the

Performance Security Bond Guarantee nor the time thereof. The Performance Security Bond Guarantee

shall be valid for the full value and for the full period as per the Contract.

13.2.7 In the event of anyone or more of the above courses under this GCC clause no. 13.2 being adopted by the

Purchaser, the Contractor shall have no claim to compensation for any loss sustained by him by reasons of

his having purchased or procured any materials or entered into any engagements or made any advances on

account or with a view to the execution of the work or the performance of the Contract.


GCC/SUPPLY-1/R-4 (28.12.2016) 52 of 54

13.2.8 In any case in which any of the powers conferred upon the Purchaser by this clause, shall have become

exercisable and the same are not exercised, the non-exercise thereof shall not constitute a waiver of any of

the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case

of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected.

13.3 Termination of Contract on Death

13.3.1 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the

Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that

the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in

the case of partnership, the surviving partners, are capable of carrying out and completing the Contract,

the Purchaser shall be entitled to cancel the Contract as to its incomplete part without the Purchaser being

in any way liable to pay any compensation to the estate, of the deceased Contractor and/or the surviving

partners of the Contractor's firm on account of the cancellation of the contract The decision of the

Purchaser that the legal representatives of the deceased Contractor or the surviving partners of the

Contractor's firm cannot carry out and complete the Contract shall be final and binding oh the parties. In

the event of such cancellation, the Purchaser shall not hold the estate of the deceased Contractor and/or

the surviving partners of the Contractor's firm liable for damages for not completing the Contract.

14 SETTLEMENT OF DISPUTE

14.1 Settlement by Mutual Consultation:

14.1.1 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in

connection with or arising out of matters covered in the Contract, including without prejudice to

the generality of the foregoing, any question regarding its existence, validity or termination, or

execution of the facilities whether during the progress of the facilities or after their completion

and whether before or after the termination, abandonment or breach of the Contract, the parties

shall seek to resolve any such dispute or difference by mutual consultation. Efforts shall be made first to

resolve such dispute or difference at the level of Sr. GM (C&MM)/ Project Manager/ Engineer-in-charge

level, failing which the matters in dispute shall be discussed for settlement at Corporate Level of the

Purchaser and the Contractor. If the parties fail to resolve such dispute or difference by all such mutual

consultation(s), then the either party may give a thirty (30) days notice to the other party conveying its

intention to commence Arbitration as hereinafter provided as to the matter in dispute, and no Arbitration

in respect of this matter may be commenced unless such notice is given.

14.2 Arbitration

14.2.1 Any dispute in respect of which notice of intention to commence Arbitration has been given, shall be

finally settled by Arbitration. The Arbitration may be concluded prior to or after completion of the

facilities. Arbitration proceedings shall be conducted in the manner as herein below provided.

14.2.2 Consequent to issue of notice of intention to commence Arbitration by either party, both the Purchaser

and the Contractor shall appoint one Arbitrator each. These two Arbitrators shall agree between

themselves and shall appoint a third Arbitrator. The issue in dispute shall then be referred to these

Arbitrators. In any Arbitration invoked at the instance of either party to the Contract, the Arbitrator(s)

would be free to consider the counter claim of the other party even though they are not mentioned in the

reference to Arbitration. The decision either by consensus or by majority of these three Arbitrators shall

be final and binding on both the parties and shall be implemented by the parties forthwith.


GCC/SUPPLY-1/R-4 (28.12.2016) 53 of 54

14.2.3 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead

partner, the provisions of the Arbitration & Conciliation Act, 1996, and Rules made there under and/or

any statutory modifications or re-enactment thereof for the time being in force shall apply to such

Arbitration proceedings. The Arbitrator may, from time to time, with the consent of the parties, enlarge

the time for making and publishing the award.

14.2.4 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the

lead partner, Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply

to such Arbitration proceedings. The Arbitrator may, from time to time, with the consent of the parties,

enlarge the time for making and publishing the award.

14.2.5 For Contract awarded to a Public Sector Enterprise, all matters in dispute to be settled through arbitration

shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise,

Government of India.

14.3 General

14.3.1 Notwithstanding any reference to Arbitration as herein before provided – (a) the Parties shall continue to

perform their respective obligations under the Contract with due diligence, unless they otherwise agree,

(b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the

Contractor.

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GCC/SUPPLY-1/R-4 (28.12.2016) 54 of 54

15. ABBREVIATIONS USED

BHP Brake Horse Power

BOQ Bill of Quantity

C&MM Contracts and Materials Management Department

ECC Erection Completion Certificate

EPC Engineering, Procurement and Construction Contract

CDD Contractual Delivery Date

CENVAT Centralised Value Added Tax

CMRCIV Contractor‟s Material Receipt Cum Issue Voucher

DCR Design Concession Request

DRB Dispute Resolution Board

ECS Electronic Clearance System

FIM Free Issue Material

FOB Free on Board

GCC General Conditions of Contract

GR Good Receipt

IPR Intellectual Property Rights

ITT Invitation to Tender

INR Indian Rupees

kW Kilo Watt

kWh Kilo Watt Hour

L/C Letter of Credit

LD Liquidated Damages

LIBOR London Inter Bank Offer Rate

LR Lorry Receipt

MRICAR Material Receipt Intimation Cum Acceptance Report

NDT Non Destructive Testing

NPCIL Nuclear Power Corporation of India Limited

PLR Prime Lending Rate

PO Purchase Order

QA Quality Assurance

Rs. Indian Rupees

RR Railway Receipt

SCC Special Conditions of Contract

Sq. Square

T&P Tools, Plants and Equipments

USD US Dollar

UKP UK Pound

VAT Value Added Tax

WCT Works Contract Tax

(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A

ADVANCE PAYMENT


(Acting through) Executive Director, Directorate Of Contracts & Materials Management NUB, Anushaktinagar, Mumbai-400094.

1. WHEREAS on or about the __________________day of 201_

M/s.________________________________________ a Company registered

under the Companies Act 1956 and having its registered office at

_____________________________________________________________

(hereinafter referred to as „The Contractor‟) entered into an agreement bearing

No.________________________ (hereinafter referred to as „The Contract‟),

with Nuclear Power Corporation of India Limited (A Government of India

Enterprise) acting through Executive Director, Contracts & Material

Management (hereinafter referred to as (Purchaser) for _____________

_____________ (hereinafter referred to as „The Equipment‟).

2. AND WHEREAS under the terms & conditions of the contract an amount of Rs.

___________(Rupees _______________________________ only) representing

____ per cent advance payment out of a contract value of Rs______ (Rupees

____________________________ only ) is to be paid by the Purchaser to the

contractor.

3. AND WHEREAS the Purchaser has agreed in pursuance of the said terms and

conditions of the contract to make an advance payment of Rs. _________ ( Rupees

________________________ only) to the Contractor on the Contractor furnishing a

Bank Guarantee in the manner herein contained.

Page 1 of 4

4. NOW WE, the _______________________________________________(Bank) in

consideration of the purchaser having agreed to pay to the contractor an advance

payment of Rs, ________ ( Rupees ____________ only) do hereby agree and

undertake to indemnify the Purchaser and keep the Purchaser indemnified to the

extent of a sum not exceeding the said sum of Rs.________ ( Rupees

______________ only ) against any damage or loss that may be suffered by the

Purchaser by reason of non-fulfilment of any of the terms and conditions of the

contract by the contractor.

5. WE, _________________________________________ ( Bank ) do hereby

undertake to pay the amount due and payable under this guarantee without any

demur merely on a demand from on behalf of Messrs NUCLEAR POWER

CORPORATION OF INDIA LTD stating that the amount claimed is due by way of

loss or damage caused to or would be caused to or suffered by the Purchaser by

reason of breach by the said Contractor (s) of any of the terms and conditions

contained in the said agreement or by reason of the Contractor(s) „s failure to perform

the said agreement. Any such demand made on the bank shall be conclusive as

regards the amount due and payable by Bank under this guarantee. However, our

liability under this guarantee, shall be restricted to an amount not exceeding Rs.

______ ( Rupees _____________________________________ only ).

6. We undertake to pay to the Purchaser any money so demanded not withstanding any

dispute or disputes raised by the Contractor (s) in any suit or proceeding pending

before any Court or Tribunal relating thereto our liability under this present being

absolute and unequivocal. The payment so made by us under this bond shall be valid

discharge of our liability for payment thereunder and the Contractor (s) shall have no

claim against us for making such payment.

Page 2 of 4

7. AND WE _____________________________________________( Bank ) hereby

further agree that the decision of the said NUCLEAR POWER CORPORATION OF

INDIA LTD., as to whether the Contractor has committed breach of any such terms

and conditions of the contract or not and as to the amount of damages or loss

assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD., as

damage or loss suffered by the Purchaser on account of such breach would be final

and binding on us.

8. AND WE ______________________________________________( Bank ) further

agree with the Purchaser that the Purchaser shall have the fullest liberty without our

consent and without affection in any manner our obligations hereunder to vary any of

the terms and conditions of the said agreement or to extent time of performance by

the said Contractor (s) from time to time or to postpone for any time or from time to

time any of the powers exercisable by the Purchaser against the said Contractor (s)

and to forbear or enforce any of the terms and conditions relating the said agreement

and we shall not be relieved form our liability by reason of any such variation or

extension being granted to the said contractor (s) or for any forbearance, act or

omission on the part of the Purchaser or any indulgence by the Purchaser to the said

contractor (s ) or by any such matter or thing whatsoever which under the law relating

to sureties would, but for this provision, have effect of relieving us.

9. This guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor (s ).

Page 3 of 4

10. Our guarantee shall remain in force until

_____________________________________ and unless a claim under the

guarantee is lodged with us within three months from that date all rights of the

Purchaser under the guarantee shall be forfeited and we shall be relieved and

discharged from all liabilities, thereunder.

11. Notwithstanding anything contrary contained in any law for the time being in

force or banking practice, this guarantee shall not be assignable or

transferable by the beneficiary. Notice or invocation by any person such as

assignee, transferee or agent of beneficiary shall not be entertained by the

bank. Any invocation of the guarantee can be made only by the beneficiary

directly.

Dated the __________________ day of _______________________201_

For_________________________________________ ( Indicate the name of the bank )

Page 4 of 4

(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B

SECURITY DEPOSIT NUCLEAR POWER CORPORATION OF INDIA LIMITED (Acting through) Executive Director, Directorate of Contracts and Materials Management, Nabhikiya Urja Bhavan, Entrance Block, Ground Floor, Anushaktinagar, Mumbai 400 094. Sir,

1. In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED

(herein after called „The Purchaser‟) having agreed to

exempt_____________________________________________________________________________________________________(herein after called „The said

Contractor(s)) from the demand, under the terms and conditions of an agreement

no.________ dated ___________ made between ________________________ and ______________________for________________(herein after called “The

said Agreement”) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on

production of a Bank Guarantee for Rs.__________________

(Rupees_______________________only). We, ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to

the Purchaser an amount not exceeding Rs.____________ (Rupees_________________________________________) against any loss or

damage caused to or suffered or would be caused to or suffered by the Purchaser

by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement.

2. We, ____________________________________________________(Bank) do

hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the

amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of

any of the terms and conditions contained in the said agreement or by reason of

the Contractor(s)‟s failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank

under this guarantee. However, our liability under this guarantee, shall be restricted to an amount not exceeding Rs.__________

(Rupees___________________________________only) 3. We undertake to pay to the Purchaser any money so demanded not withstanding

any dispute or disputes raised by the Contractor(s)/supplier(s) in any suit or

proceeding pending before any Court or Tribunal relating thereto our liability

under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder

and the Contractor(s)/Supplier(s) shall have no claim against us for making such payment.

1

4. We, _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and

effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims, satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly

discharges this guarantee. The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (i.e. including claim period of three months) we shall be discharged from all liability under this guarantee thereafter.

5. We, _________________________________________(indicate the name of

bank) further agree with the purchaser that the Purchaser shall have the fullest liberty, without our consent and without affecting in any manner our obligations hereunder, to vary any of the terms and conditions of the said agreement, to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor(s)/Supplier(s). 7. We,_____________________________________________________(indicate

the name of the bank) lastly undertake not to revoke this guarantee during its

currency except with the previous consent of Purchaser in writing. 8. Notwithstanding what is stated in the above paragraphs, our liability under this

guarantee will be restricted to Rs._______________

(Rupees__________________________only). 9. Notwithstanding anything contrary contained in any law for the time being in force

or banking practice, this guarantee shall not be assignable or transferable by the beneficiary. Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the bank. Any invocation of the guarantee can be made only by the beneficiary directly.

Dated the_______________day of________________201___

For____________________________ (indicate the name of the Bank)

* * *

2

(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - C

PERFORMANCE BOND

NUCLEAR POWER CORPORATION OF INDIA LTD.

(Acting through) Executive Director, Directorate of Contracts and Materials Management, Nabhikiya Urja Bhavan, Entrance Block, Ground Floor, Anushaktinagar, Mumbai 400094.

(Date of purchase order) 1. WHEREAS on or about the _________________day of _________201_

M/s____________________________________ a Company under the Companies

Act 1956 and having its registered office at

_________________________________________________________________

(hereinafter referred to as 'The Contractor') entered into an agreement bearing

No.___________________________ dated __________ (hereinafter referred to as

'The Contract), with Nuclear Power Corporation of India Ltd ( A Government of India

Enterprise) acting through Executive Director, Directorate of Contracts & Materials

Management (hereinafter referred to as „Purchaser‟) for supply

of________________________(hereinafter referred to as 'The Equipment'). 2. AND WHEREAS under the terms and conditions of the contract an amount of

Rs._____________________(Rupees_______________________________only)

representing balance_____________per cent payment out of the total value of the

contract i.e Rs.___________________(Rupees___________________only) is to be

paid to the contractor on the final acceptance of the equipment and on the Contractor

furnishing a Bank Guarantee in a manner herein contained duly executed by a

Scheduled/Nationalised Bank towards satisfactory performance of the equipment

during warranty period, viz _______________months from date of receipt &

acceptance of the equipment/material at Purchaser‟s Site, as defined in the conditions

of the Contract.

3. NOW WE, the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs.__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited, on behalf of the Contractor, the amount due and payable under the guarantee without any demur, merely on a demand from the Nuclear Power Corporation of India Limited, stating that the amount claimed is due by way of loss or damage caused to, or suffered by, the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.___________________ (Rupees__________________________________________only.)

1

4. We undertake to pay to the Purchaser any money demanded notwithstanding any

dispute or disputes raised by the Contractors, in any suit proceedings pending before

any court or tribunal relating thereto, our liability under this present being absolute and

unequivocal. The payment so made by us under the bond shall be a valid discharge of

our liability for payment thereunder and the Contractor(s) shall have no claim against

us for making such payment. 5. WE HEREBY further agree that the decision of the Nuclear Power Corporation of India

Limited as to whether the said equipment is giving satisfactory performance or not

during the warranty period and as to the amount of damages suffered by the Purchaser

on account of unsatisfactory performance of the said equipment shall be final and

binding on us. 6. AND WE, the__________________________________(Bank) do hereby agree that

our liability hereinunder shall not be discharged by virtue of any agreement between

the Purchaser and the Contractor whether with or without our knowledge and/or

consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment, time for performance, or any other matter

whatsoever relating to the contract, which but for this provision, would amount to discharge of the surety under the law.

7. THIS guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor(s). 8. OUR Guarantee shall remain in force until______________and unless a claim under

the guarantee is lodged with us within three months from that date, all rights of the

Purchaser under the guarantee shall be forfeited and we shall be relieved and

discharged from all our liabilities hereunder.

9. Notwithstanding anything contrary contained in any law for the time being in force or

banking practice, this guarantee shall not be assignable or transferable by the

beneficiary. Notice or invocation by any person such as assignee, transferee or agent

of beneficiary shall not be entertained by the bank. Any invocation of the guarantee

can be made only by the beneficiary directly.

Dated the _______________ day of_____________ 201_

For__________________________ (indicate the Name of the bank)

* * *

2

Annexure-D

APPLICATION FOR PAYMENT

Will be issued later

Annexure - E

FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE

EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE.

INDEMNITY BOND

This Indemnity Bond made this_____ day of______ between

M/s_________________________ having its registered office at______________

hereinafter referred to as “The Contractor” which expression shall include its successors

and assigns on one part and Nuclear Power Corporation of India Limited (A Govt. of

India Enterprise), acting through Executive Director, CMM or other Officers)

________________________________________ hereinafter referred to as “The

Purchaser”, which expression shall include its successors and assigns, on other part.

Whereas the Nuclear Power Corporation of India Limited has placed a Purchase

Order/Contract No.__________________________________________ dated ________

hereinafter referred to as “Purchase Order” on the Contractor and the Contractor has

accepted to execute the Purchase Order.

And whereas, the Purchaser has agreed to supply the Free Issue Materials referred to in

the Contract/Purchase Order for the purpose of fabrication, machining and supply of the

equipment and stores as referred to in the Contract/Purchase Order.

And whereas, the Contractor has agreed to furnish an Indemnity Bond for a sum of

Rs.______________________________________(Rupees________________________

__________) being amount equivalent to the value of the free issue materials to be

supplied by the Purchaser.

Whereas it is explicitly understood that the materials to be supplied is held by the

Contractor for and on behalf of Nuclear Power Corporation of India Limited and that

ownership of the materials used for fabrication/machining etc. rests with Nuclear Power

Corporation of India Limited, till the fabricated/machined equipment/components are

delivered to the Purchaser and balance and left over materials as per free issue material

account as approved by the Purchaser’s engineer is/are returned to the Purchaser.

NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE

ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF

INDIA LIMITED.

1. The Contractor hereby undertake to pay to the Nuclear Power Corporation of

India Limited on demand the said sum of

Rs.______________(Rupees_______________________________) in the event

of any breach of the conditions of the Purchase Order, loss and damage of the

material and balance material not being returned on or

before________________________or any other date mutually agreed.

2. The Contractor shall be totally responsible for safety of the material during

which it remains in their custody/control and adequate care for preservation of

the item.

3. The Contractor shall undertake to preserve the material with due and proper care

and to keep it insured for the period during which it remains in their

custody/control.

4. The Contractor shall be responsible for safe return of the balance materials off

cuts, scraps to the final destination.

5. This bond shall remain in force and effect so long as the full account of free

issue materials is settled to the satisfaction of the Purchaser and balance material

is returned to the Purchaser.

6. The Contractor shall not stand discharged or released from the Indemnity Bond

given by them under this bond on account of any alteration in the obligation of

the parties to the Contract or on account of any indulgence or forbearance as to

the payment, time, performance, or otherwise granted by Nuclear Power

Corporation of India Limited to the Contractor in relation to the Purchase Order.

It witness whereof the parties hereto have caused the bond to be duly executed on the day

and the year first above written.

For (Contractor’s Name)

* * *

ANNEXURE-F

The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates:

Certified that:

1. Excise Duty claimed in this/these bill/bills is/are not more than what is / are payable under the provisions of the relevant act or the rules made there under.

2. The amount of Rs____________________ claimed as Excise Duty in this bill has been/will be paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities.

3. No refund of Excise Duty for the goods covered under the bill/bills has/have been received from the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities.

4. In the event of any refund of Excise Duty being received, we undertake to promptly pass on the same to NPCIL. In addition, we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

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

ANNEXURE-G

Certificate to be furnished by the Contractor along with the invoice/bills when sales/ Central Sales Tax as extra is claimed.

Certified that:

1) Goods and packing charges on which sales tax (Central or State)/ VAT claimed are not exempted from payment of Sales Tax (Central or State)/ VAT under the Provisions of Sales Tax Act or Rules.

2) We, as a registered dealer, are being assessed to Sales Tax.

3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax Authorities, we shall promptly pass on the same to the Purchaser. In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

4) We are registered as dealers in the State of _________________ and our local/Central Sales Tax Registration No. is __________________________.

ANNEXURE-H Certificate to be furnished by the contractor along with the Invoice/Bills when service tax is claimed. Certified that: 1. Services on which service tax claimed are not exempted from payment of

service tax under the provisions of Extant Rules. 2. We are registered with Central Excise Department for service tax and our

Registration number is _____________________. 3. We undertake to pursue the matter for refund in case the exemption is

received by NPCIL from the Govt. of India for payment of service tax. In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities, we shall promptly pass on the same to the purchaser. In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

4. We hereby confirm that Service Tax has been remitted/will be remitted in accordance with the Service Tax Rules.

Signature of Contractor or their Authorised Representative.

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SUPPLY CONTRACTS SPECIAL CONDITIONS OF CONTRACT (SCC)

The following Special Conditions of Contract (SCC) shall supplement / amend General Conditions of Contract (GCC) – Form No.GCC/Supply-1/Rev.4. Wherever there is a conflict between the two, the provisions in SCC shall prevail over those in the GCC. SCC No.

ITT/GCC Clause

Reference

Clause Description /

Content

Special Conditions

1 ITT cl. 9.0 Taxes and Duties

1.0 Taxes and Duties: 1.1. Indirect Taxes and Duties 1.1.1. The Bid prices shall be inclusive of Goods

and Services Tax (GST) and any other Indian Indirect Taxes payable in India for the final product / services.

1.1.2. The Contractor shall bear all non-Indian

taxes, duties, levies etc. payable upto FOB in respect of sourcing items from abroad.

1.1.3. Contractor shall be responsible for payment of all Indian Taxes, Duties including IGST on imports and all other statutory levies as applicable in connection with supply of the Stores. The prices FOR shall be inclusive of all Taxes, Duties and other Statutory levies payable under the law of the Land. The Contractor shall however take into account Fiscal Concessions available to the subject contract as detailed in the below mentioned paras and pass on the benefit to the Purchaser. GST and all other indirect taxes, duties are also not reimbursable separately on Price Adjustment for price portion, as base price is inclusive of all Taxes and Duties as applicable.

1.1.4. In case of increase in existing taxes/ duties

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and any other new indirect taxes / cess, if levied by Government during the contractual delivery period, the same shall be reimbursed / paid by the Purchaser, as the case may be, at actual against documentary evidence. This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes.

1.1.5. For extension in the contractual delivery period for the reasons attributable to the Purchaser and/or Force Majeure, increase in existing taxes & duties, if any, and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to the submissions of necessary documentary evidence. No increase / new tax shall be payable during the delay period due to reasons attributable to the Contractor.

1.1.6. GST on Liquidated Damages (LD), as applicable, shall be to the account of the Contractor and shall be recovered from payments due to the Contractor.

1.1.7. The bidders are required to examine the provisions of The Central Goods and Services Tax Act 2017(CGST), The Integrated Goods and Services Tax Act 2017(IGST), The relevant SGST act of the State Government, The Union Territories Goods and Services Tax Act 2017(UTGST) and The Goods and Services Compensation to States Tax Act 2017 and their Rules as being enacted and amended from time to time. The bidders are required to take into account all input tax credits and the exemptions available therein while furnishing their bids.

1.1.8. However if there is an upward revision in

the rate of GST within CDD due to change

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in classification, such upward revision shall not be entertained as per clause no. 1.1.4 and the payment shall be restricted to quoted rate of GST.

1.1.9. Towards invoicing for the GST, Bidders are required to take note of the following & comply accordingly.

1.1.10. Bidders are required to provide their GST Registration numbers, the HSN code of the goods/SA Code for services and the applicable rate of GST as in the Commercial Terms and Conditions of the e-bid submitted in Part-I (Technical and Commercial e-bid except price).

1.1.11. While claiming the GST the Tenderers are

required to adhere to the provisions available therein. The Contractors are required to populate the details of GST paid by them in the GST portal, only upon which reimbursement of GST would be considered.

1.1.12. Please note that in case any refund/credit to GST if granted to Tenderers by GST Authorities in respect of stores supplied under the contract, Tenderers will pass on the credit to the Purchaser immediately along with a certificate from bidder’s Director/Manager/Proprietor/Accountant that the credit so passed on relates to the GST originally paid for the stores supplied under the contract.

1.1.13. When GST is claimed by the Contractor / supplier in general the certificate as per Annexure F should be submitted to the paying authority with their invoices.

1.2. Direct Tax: - Tax Deduction at Source

1.2.1. The Purchaser shall have the right to withhold taxes on income, excess profits, royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be

SCC: Page 4 of 14

required by the government of India or any relevant authority thereof or by the government of any other country, and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld.

1.2.2. The Purchaser shall, at the time of its

payments due to the Contractor, withhold the necessary taxes at such rate as is required by any Government Authority, unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

1.2.3. The Purchaser shall provide the necessary

withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes.

1.2.4. All taxes levied on Contractor’s corporate

income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere.

1.3. Indirect Tax-Tax deduction at source

1.3.1. The Purchaser shall, at the time of its

payments due to the Contractor, withhold the necessary tax at source at such rate if required under the legislation unless and to

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the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

1.3.2. In case of such deductions as mentioned above, the Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes.

1.4. Fiscal Concessions for Nuclear Power

Projects(NPPs)

1.4.1. Nuclear Power Project of capacity 440 MW or more have been notified by GOI for eligibility towards fiscal concessions. As such the goods required for setting up these projects are subject to ‘NIL’ Customs duty as per the extant policy of Government of India (vide Customs Notification No. 50/2017 dated 30-6-2017 at Sr. No. 602). In consideration of the aforesaid Fiscal Benefits, no customs duty on goods shall, therefore, be payable/ reimbursable by the Purchaser to the Contractor. Similarly, as per the paragraph 7.02 (h) of Foreign Trade Policy 2015-2020 of Government of India, Domestic Contractors supplying goods for these projects under the procedures of National competitive bidding or International Competitive bidding shall be eligible for benefits of ‘Deemed Export’ under paragraph 7.03 (a) relating to advance authorisation and 7.03 (b) relating to deemed export draw back of the Policy and paragraphs 7.02(d), 7.03(g) and 7.05(b) of Hand Book of Procedures) issued by the Director General of Foreign Trade,

SCC: Page 6 of 14

Department of Commerce, Ministry of Commerce and Industry, Government of India(DGFT Trade Notice Number – 11/2018 dated 30.06.2017). In consideration of the aforesaid Fiscal Benefits, no customs duty on goods shall, therefore, be payable/ reimbursable by the Purchaser to the Contractor.

1.4.2. The bidders are solely responsible for

adherence and compliance with the necessary processes, procedures and documentation as may be stipulated by the concerned Statutory Authorities connected in respect of availing such fiscal benefits. The Purchaser, shall, however, make available only the requisite documents or certifications as per the extant rules and procedures for availing the above exemptions/concessions by the Contractor.

1.4.3. In the event of subsequent denial of the above benefits prevailing as on the last date of submission of the bid, by the designated authorities to the Contractor, either on the basis of interpretation of the provisions of such benefits or due to change in law, such indirect taxes will be reimbursable by the Purchaser at actual rates for the supplies made within the Contractual Delivery Dates or extended Contractual Delivery Dates due to reason attributable to the Purchaser/Force Majeure. And for the supplies that are made beyond the Contractual Delivery Date due to reasons attributable to Contractor, the reimbursement of taxes shall be made by the Purchaser limiting to the rates prevailing on the Contractual Delivery Date.

2 GCC Cl.

No 5.2 5.2 Price Basis

5.2 Price Basis The Contract prices of all items and spares

covered under the contract shall be on safe delivery basis to the Purchaser’s site as under:

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5.2.1 Price break-ups of indigenous items and spares shall be indicated as follows:

i) FOR Purchaser’s Site price, including but not limited to CIF value of imported raw material / component required for indigenous manufacture.

The prices of indigenous supply items and spares shall be inclusive of GST and all other indirect taxes and duties. All input tax credit benefits available to Indian manufacturers / dealers / contractors, etc, shall, however, be taken into consideration in quoted prices and the Bidder shall pass on the benefits to the Purchaser. All Input Tax Credit benefits (ITC) available to Indian manufacturers / dealers / contractors, etc, shall, be set off against the GST payable on the final product/services and the Contractor shall not load such ITC in the quoted price. CIF value of the imported raw materials/ components included in the FOR prices of indigenously manufactured items shall be shown separately for the purposes of 15% price preference loading vis-à-vis domestically manufactured goods for availing Deemed Export benefits, if any.

5.2.2 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be indicated as follows:

i) FOB prices, ii) Ocean/Air freight & Marine insurance, iii) Port handling/clearance, inland

transportation and inland transit insurance.

FOB prices shall be inclusive of all taxes, duties, levies, inland transportation up to the port of shipment and export licensing charges. Other than FOB prices, remaining price elements shall be inclusive of taxes and duties applicable in India. Further IGST applicable on Imported finished goods shall also be indicated separately to be paid by contractor for reimbursement by NPCIL.

3 GCC Cl. No 5.3


b) For Supply of equipment, spares and other materials from indigenous sources, FOR price of such items inclusive of CIF value of imported raw material / component, shall be in Indian Rupees (INR).

4 GCC Cl. 5.4 Price 5.4.3 FOR price (inclusive of taxes and duties) of

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No 5.4 adjustment. indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser. The price adjustment will be allowed up-to a ceiling of +/- twenty percent (20%) of the total FOR price (inclusive of taxes and duties) component. Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20% ceiling and shall be payable/ recoverable accordingly.

5 GCC Cl. No 5.5

5.5 Price Adjustment Formula for Supply Portion

The word ex-works is replaced by FOR price (inclusive of taxes and duties)

6 GCC Cl. No 5.5.7.1

5.5.7.1 The word ex-works is replaced by FOR price (inclusive of taxes and duties)

7 GCC Cl. No 5.6

5.6 Terms of Payment.

5.6 Terms of payment 1.1 For Supply & Installation and

Commissioning : 1.1.1 90% of FOR price (Inclusive of Taxes

and duties) will be paid on pro-rata basis on receipt of items at site & against submission of following documents to purchaser’s paying authority :

1.1.1.1 Invoice in triplicate. 1.1.1.2 Shipping Release in original issued by

the Inspection Authority duly signed in ink with NPCIL Logo.

1.1.1.3 Proof of Receipt by the Consignee in the form of Receipted LR or Receipted Delivery Challan in original.

1.1.1.4 Declaration as per Annexure ‘F’

regarding GST

1.1.2 Balance Payment for supply of Battery Banks (Covered under Section E-I of the price formats) along with 100% payment of Installation and Commissioning of Battery Banks inclusive of GST will be released on final acceptance i.e. successful commissioning of the Battery Bank at site and against submission of following document

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1.1.2.1 Invoice in triplicate 1.1.2.2 A bank guarantee for 10% of Purchase

Order value towards performance bond to be submitted on successful commissioning of of Battery Bank valid till defect liability period plus three months as claim period.

1.1.2.3 Certificate in original issued by the Purchaser Engineer clearly stating that Installation and Commissioning of Battery Banks has been completed satisfactorily and payment as per 1.1.2 can be released to the Contractor.

1.1.2.4 Declaration as per Annexure ‘F’

regarding GST

1.1.3 Balance Payment for supply of Battery cells (Covered under Section E-IV of Price format) will be released on acceptance of battery cells at site and against submission of following documents

1.1.3.1 Invoice in triplicate 1.1.3.2 Material receipt voucher 1.1.3.3 Declaration as per Annexure ‘F’

regarding GST

5.6.2 Ocean Freight and Marine Insurance/Air

freight, Port Clearance/Handling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry :

Ocean freight and Marine Insurance/Air freight, Port Clearance/Handling charges inclusive of taxes and duties thereon will be released on pro-rata basis against receipt of items at site i.e. along with 5.6.1 (a) above.

5.6.3 Testing/ Analysis Charges

Testing/ Analysis charges in full inclusive of applicable Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding Testing/Analysis, submission of report

SCC: Page 10 of 14

thereof and acceptance of the same by the Purchaser.

5.6.4 Supervision of Erection and Commissioning Charges:

Service charges, if any, for Supervision of erection and commissioning in full inclusive of applicable taxes and duties as applicable will be released on successful completion of erection and commissioning.

5.6.5 For Buy Back of Battery banks

100% of value quoted for buyback of Battery banks along with taxes and

duties shall be recovered from Invoice at point 1.1.2 above.

8 GCC Cl.

No. 5.12


Please refer cl. No. 1.0 of SCC.

9 GCC Cl. No. 6.5.2

6.5.2 (sub-clause of 6.5 Transfer of Ownership)

6.5.2 Ownership of the indigenous stores (including spare parts) shall be transferred to the Purchaser when the Stores are brought on to the Site.

10 GCC Cl.

No. 6.5.3

Cl. 6.5.3 This clause is deleted.

11 GCC Cl. No. 6.8.3

Cl. No. 6.8.3 (sub-clause of Cl. No 6.8) Indemnity for Taxes and Duties

6.8.3 The Contractor shall be responsible for filing all necessary Tax returns (including, without limitation, returns for Corporate Income tax, Personal Income tax and GST) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities.

12 GCC Cl. No 9.4.2

9.4.2 9.4.2 i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis, by selecting any safe mode of transport unless otherwise stated in the contract.

ii) Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all freights and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing, handling, forwarding, freight and transit insurance charges.

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iii) Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of transport without any transhipment, to carry the Plant and Equipment.

iv) The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the stores to Site. The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site. v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport. vi) In the event any stores or item is damaged , lost, stolen, destroyed or otherwise impaired while in storage or transit, Contractor shall at its own expenses and cost restore or replace such affected stores or item.

13 GCC Cl. No 9.4.3

9.4.3 The clause is deleted.

14 GCC Cl. No. 9.4.6

Cl. No. 9.4.6( sub-clause of 9.4 Transportation)

9.4.6 Documentation for Supply of Indigenous Items

On the day of transport, the contractor shall send to the Purchaser by courier for information, a copy of each of the following documents:

i) Transportation documents like airway bill / lorry receipt / railway receipt / delivery challan/ e way bill, etc. ii) Certificate of insurance; iii) Invoice with itemised prices duly signed by Contractor. iv) Copy of packing lists for each separate package; v) Shipping release issued by Purchaser or his authorized representation; vi) Contractor shall also be responsible for obtaining clearances, if any for timely and safe delivery of items to the site.

15 GCC Cl.

No. 15 GCC Cl. No. 15. ABBREVIATIONS

15. ABBREVIATIONS USED BHP Brake Horse Power

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USED

BOQ Bill of Quantity C&MM Contracts and Materials Management

Department ECC Erection Completion Certificate EPC Engineering, Procurement and

Construction Contract CDD Contractual Delivery Date Central Goods and Services Tax (CGST) CMRCIV Contractor’s Material Receipt Cum

Issue Voucher DCR Design Concession Request DRB Dispute Resolution Board ECS Electronic Clearance System FIM Free Issue Material FOB Free on Board Goods and Services Tax (GST) GCC General Conditions of Contract GR Good Receipt Integrated Goods and Services Tax (IGST) IPR Intellectual Property Rights ITT Invitation to Tender INR Indian Rupees kW Kilo Watt kWh Kilo Watt Hour L/C Letter of Credit LD Liquidated Damages LIBOR London Inter Bank Offer Rate LR Lorry Receipt MRICAR Material Receipt Intimation Cum

Acceptance Report NDT Non Destructive Testing NPCIL Nuclear Power Corporation of India

Limited PLR Prime Lending Rate PO Purchase Order QA Quality Assurance Rs. Indian Rupees RR Railway Receipt SCC Special Conditions of Contract State Goods and Services Tax (SGST) Sq. Square T&P Tools, Plants and Equipments Union Territory Goods and Services Tax

(UTGST) USD US Dollar UKP UK Pound

16 GCC Annexures of GCC Annexure-F : Format for “Certificate

Annexure F: ‘Certificate towards Excise Duty’is substituted with Annexure-F : Format for “Goods and Services Tax” Annexure G and Annexure H are deleted.

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towards Excise Duty” Annexure-G : Format for “Certificate towards Sales Tax” Annexure-H : Format for “Certificate towards Service Tax”

17 GCC Cl. No 1.11

Formation of Consortium/ Joint Ventures Partnership.

Not Applicable

18 GCC Cl. No 6.7.6

Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011 thereof

Since, Requirement is for PHWR,NPCIL is the system designer and technology owner, being responsible for safety design of such installations in the this tender, NPCIL shall assume the role of supplier in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.

19 GCC Cl. No 6.2.1(a)

Delay in Supply In addition to clause No. 6.2.1(a) In case of delay in completion of total scope under the contract, Liquidated Damages shall be recovered on complete contract value.

20 GCC Cl. No 6.4.1

Defect Liability Period

The defect liability period shall be 12 months from date of commissioning of last Battery Bank at Site

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ANNEXURE – F

Declaration Form for GST

The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates: Certified that: (Please Tick all appropriate boxes)

(a) Additional Input Tax Credit under GST availed against invoices submitted here under is Rs. ________________.

(b) Certified that the goods and services on which GST has been charged are not exempted under the GST Act or the rules made there under and the amount charged on account of GST on these goods and services are not more than what is payable under the relevant act or the rules there under.

(c) Certified that we have taken into account all input tax credits available under

GST and have not loaded the same in the basic price while furnishing their bids.

(d) Certified that in respect of amount of taxes claimed in the bill no claim is pending for refund/or is admissible for refund from any other agency and /or no other tax credit is available in respect of the same. In the event of getting refund in whole or in part of the element of GST claimed from Government, the same shall be passed on the benefit to the Purchaser by remitting the amount equivalent to the amount of refund obtained.

(e) Certified that the GST charged herein the invoices and other details have been /

shall be populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser.

(f) Certified that we have complied with the Anti-profiteering measure provisions

under CGST/ SGST/UTGST Acts and passed on commensurate reduction of price to the purchaser.

Signature of Contractor or their Authorised Representative with company seal.

E-SPT/SUPPLY-1

SECTION-C

TECHNICAL SPECIFICATIONS OF STORES

NUCLEAR POWER CORPORATION OF INDIA LIMITED (A Govt. of India Enterprise)

KAIGA GENERATING STATION-3&4

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PROCUREMENT REQUIREMENT NO.: KGS-4/EMU/PBY/SPEC/001

PROCUREMENT REQUIREMENTS

OF PLANTE TYPE 1605AH (MINIMUM) LEAD ACID

POWER BATTERIES

REF. USI NO. : 52324



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INDEX

Sl. No.

SUBJECT Page No.

1. OVERALL SCOPE 3

2. GENERAL REQUIREMENTS 3

3. DOCUMENTATION 8

4. TECHNICAL DETAILS/ SPECIFIC REQUIREMENTS OF 360V DC, 1605AH(MINIMUM) PLANTE TYPE LEAD ACID BATTERIES 9

5. TESTING AND QUALIFICATION 14

6. ANNEXURE-1 - GUARANTEED TECHNICAL PARTICULARS OF THE OFFERED BATTERY 20

7. ANNEXURE-2 - QUALITY ASSURANCE PLAN FOR 360V DC LEAD ACID CONTROL BATTERIES (SAMPLE)

28

8. ANNEXURE-3- BATTERY STAND DETAIL 32

9. ANNEXURE-4- TECHNICAL DETAIL POWER BATTERY 36



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1.0 OVERALL SCOPE :

1.1 The scope of this specification covers the supply, inspection, testing, installation and commissioning of two banks of lead acid plante type battery banks (each bank of 360V DC, 1605AH minimum capacity subjected to sizing calculations for duty cycles as indicated subsequently. Bidder shall indicate number of cells) in transparent SAN containers complete with plant e positive plates, pasted negative plates, lids, vent plugs, separators, nuts & bolts, cell insulators, inter cell connectors, flexible cables etc., at Kaiga Generating Station-3&4 ( Technical details of battery is given in Annexure-4).

1.2 It is also under the scope of bidder to remove the existing M/s Exide make YHP-1605NA, 360VDC,1605 AH battery banks and shifting from installed location at KGS-4 to suitable location, but within Site premises at KGS Site.

1.3 Two Battery banks will be installed in KGS-4.

1.4 Complete Erection & commissioning at KGS-3&4 Site for the battery system, along with all required accessories, shall be in the scope of bidder. All the jobs during erection and commissioning i.e. Shifting of cells from store to battery room, its charging, performing all the tests as per approved commissioning procedure, placing these cells to corresponding stands, inter cell connection, interbank connection, inter row connection, housekeeping of areas are under the scope of bidder.

1.5 It shall be under the scope of bidder to carry out the overhauling of all existing battery stands. Overhauling job includes cleaning of the stand, acid proof painting, Replacement of damaged part of battery stand (Bar, support and base plate, cap of nut bolts etc.) with the material having same type and same dimension. No change in the basic design, dimension, and material of the stand will be permitted. Replacement of any stand component, if required, shall be provided by the bidder strictly as per the existing stand drawings. After painting the stand, bidder shall paint the numbering of cells as per KGS requirement on the stand.

1.6 All civil, mechanical and electrical work related to removal of existing battery and erection of new batteries shall be within the scope of the contactor.

1.7 Apart from the mentioned items in the indent (tender enquiry), all spares, tools, and other items are to be arranged by the bidder without any additional cost for overall job completion. Power battery system, to be supplied by the bidder, shall be complete in all respects.

1.8 Bidder shall take the old power batteries from the location to its warehouse under buyback scheme. Shifting of the old battery from battery location to the warehouse will be under bidder scope which includes shifting of battery electrolytes also.

2.0 GENERAL REQUIREMENTS

2.1 TRANSPORTATION :

2.1.1 Equipment shall be adequately packed so as not to suffer any damage during transportation. Each packing shall be properly labeled to indicate type & quantity of the material it contains, the purchase order number, dimensions, weights and any other relevant data required to identify the material. All lifting points on the packages shall be clearly identified. All individual packing shall be identifiable as per dispatch document & P.O.



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2.1.2 The supplier shall not ship the material without consent from the purchaser’s representative. It will be supplier’s responsibility to limit weight and dimensions of individual packets to the existing road limitations.

2.1.3 Safe delivery to site of the equipment shall be the responsibility of supplier, including replacement of components due to deterioration, damage or breakage during transport. Supplier shall obtain necessary clearances from concerned agencies for transporting the equipment. Complete details regarding shipping and documentation will be given in the purchase order.

2.1.4 After the dispatch of the equipment, it will be received, unloaded and inspected at site by the purchaser for any damages. Bidder is responsible for any damages during the transport of the equipment. The material will be stored at purchaser’s stores. The transit insurance upto purchaser’s stores, till complete unloading and safe storage, will be in the scope of bidder.

2.1.5 Bidder shall depute his personnel to site for verification of items in accordance with the packing list. Repair or replacement of items which are damaged during transportation and storage shall be arranged by the bidder. This shall be done immediately to prevent delay in installation and commissioning of the batteries.

NOTE: All hazardous chemicals like acid/electrolyte shall be packed as per statutory norms and shall be clearly marked with contents and description in detail.

2.2 GUARANTEE : AS per SCC.

2.3 DEVIATION FROM TENDER SPECIFICATION : In case of any conflict between any clause of this tender specification and any clause in the offer submitted by the bidder, this specification should govern unless specifically brought out by the bidder as deviation to tender in his offer

2.4 DELIVERY SCHEDULE :

2.4.1 The installation and commissioning of batteries and associated equipment shall comply with all applicable statues, regulations, Indian Electricity Rules, Safety Codes and applicable standards in the locality where the equipment will be installed. Nothing in this specification shall be construed to relieve the supplier of this responsibility.

2.4.2 Subsequent to the installation of the equipment, modifications and changes

suggested, if any, by the approving agency to meet the relevant codes and practices shall be carried out by the suppliers.

2.4.3 Bidders can set-up a temporary workshop or storage facility at site. 2.4.4 Electric power supply for the purpose of erection & commissioning will be provided on

chargeable basis at Kaiga Site. 2.4.5 Cranes and other handling facilities will be given to the bidder at free of cost at site.



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2.4.6 Welding shall be carried out in accordance with relevant standards and approved procedure by the qualified welder. Bidder shall carry out tests after welding in accordance with standards and approved procedure.

2.4.7 Purchaser shall at all times have an access to check the progress of work. Bidder shall

proceed to the next stage only after obtaining clearance from the purchaser. 2.4.8 Accommodation will be made available to the crew depending upon availability on

chargeable basis at the rates prevailing then. In case, the purchaser cannot provide the accommodation, the supplier shall make his own arrangement for the stay of crew and transportation of the crew to the place of work at his own cost.

2.4.9 Bidder shall take up the installation of batteries after obtaining the clearance from purchaser. It is possible that clearance may be delayed beyond scheduled date due to site schedules & requirements.

2.4.10 The bidder shall arrange to evacuate the existing battery room by removal of existing batteries, shifting them to alternate location, forming temporary battery bank at alternate location with removed cells, based upon requirement.

2.4.11 Bidder shall arrange to transport the equipment from the place of storage to the

place of installation. Handling facilities shall be arranged by the bidder, however forklift/hydra crane etc., can be provided free of cost. Battery shall be laid in accordance with the approved drawings. Subsequently, intercell, inter-row, terminations shall be made and electrolyte of suitable specific gravity shall be filled in the cells. Battery cell terminals shall be properly shrouded after installation so as to prevent accidental short circuit.

2.4.12 Commissioning checks shall be carried out in accordance with relevant equipment standards, approved list of commissioning checks and procedures and supplier’s practices.. All test equipments shall be arranged by the supplier at site. Battery discharge resistor with cable will be provided by NPCIL.

2.4.13 Installation and commissioning of individual battery banks shall be carried out separately on the readiness of the site for particular battery room.

2.4.14 Bidder has to terminate power cable as per site requirement. Also during shifting, erecting, installing and removal of battery cell if any jobs are required in battery room like duct removal, fan removal then bidder have to do same and revert back after completing the job at his own cost.

2.4.15 On completion of external power cable terminations to the battery and its readiness in all respects, the bidder shall organize charging of the battery bank. Problems, if any, encountered during this period shall be attended by the supplier. Subsequently site acceptance tests shall be performed on battery by the bidder. It is under the scope of Bidder to provide all the power cables required for inter connections with suitable rating, along with its crimping, lugging, connection etc.



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2.5 Completeness of offer:

The equipment shall be offered complete with all parts that are necessary for their efficient operation and maintenance. Such parts shall be deemed to be within supplier’s scope whether specifically mentioned or not. All the material used shall be best of their respective kind, free from flaws and defects and shall conform to the relevant standards. There shall be no impurities harmful to the performance on life of the cells.

2.6 Life

The bidder shall state in his offer the guaranteed life, shelf life, service life under continuous float condition of the batteries with operation under specific condition.

2.7 Clean-Up

The bidder shall at all times keep the site free from the accumulation of waste materials and debris and upon completion of the job shall clean and dispose of all surplus materials, rubbish and temporary works of whatsoever nature and kind as directed by the purchaser and shall leave the works and site clean and tidy.

2.8 Inspection of Site

The bidder or his representative shall be deemed to have inspected the site and surroundings before submitting his tender and shall obtain the necessary information as to risks, contingencies and other circumstances which may influence or affect his tender.

2.9 Supervision of work

The bidder shall provide supervision and work-force for erection and commissioning, which shall include without limitation the employment of competent persons who shall be constantly at site. One competent person, for overall job supervision, shall be deputed at Site for unloading, Shifting of material from stores to Location, assembly, installation, commissioning, and other associated jobs including repair, replacement of any damaged components and any other operating adjustments. The bidder shall employ only such persons as are careful, skilled and experienced in their trades.

2.10 Coordination Of Work

The bidder shall plan his operations so as to avoid interference with the operation of the purchaser’s or of other bidders at site. The bidder shall organize his work to suit the timings & schedules of site. The work also is coordinated with running units wherever required.

2.11 Supplier shall be responsible for safety of the equipment at all times during the period of contract. Bidder shall replace/repair all components or equipment which in purchaser’s view is damaged by the bidder during the contract period.



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2.12 Bidder shall ensure safety of crew employed for erection/commissioning by providing workmen with adequate protective gear as required, by employing skilled and trained labour for this kind of jobs, by enforcing safety norms to be followed by his workmen.

2.13 Purchaser reserves the right to enforce additional safety measures as required from time to time in the interest of equipment and work force.

2.14 The bidder shall abide by all safety rules and regulations stipulated by the site safety officer.

2.15 All medical, sanitary arrangements shall be furnished for his crew by the bidder at his own expense.

2.16 Security Rules

The bidder shall follow all the security rules of the site, regarding removal of material from site, issue of identity cards, control of entry of personnel and all similar matters. The bidder and his personnel shall abide by all security measures imposed by the purchaser or his duly authorized representative from time to time.

2.17 The quality assurance manual of the bidder shall be submitted for reference and the quality assurance shall be carried out based on written down procedures with clear acceptance norms. All activities shall be carried out by qualified and trained to perform the job. Specialized works like welding, brazing, shall be carried out based on qualified procedures by qualified workmen only. The measuring instrument, test facilities, shall be periodically calibrated and fully functional. Complete details shall be available for purchaser’s reference and records.

3.0 DOCUMENTATION:

3.1 Bidder shall submit the compliance of the battery capacity and dimension of existing battery YHP31 (YHP-1605NA). Bidder shall also submit the complete drawings such as GA drawings, cell drawings, inter-cell connections, inter-stand and takeoff connector details, Bill of Material for each battery bank, placement of cells and packing details in stand etc. These documents are required for qualifying the bidder.

3.2 Following documents are required for approval before commencing installation and commissioning of the battery.

i. Guaranteed technical Particulars. ii. Detailed procedure for installation of batteries. iii. Erection & commissioning plan. iv. Procedures for commissioning checks, capacity tests, HRD test and charging of

battery. v. Along with test procedures, formats for recording readings, observations,

and inspections shall be prepared. During tests, these formats shall be used to neatly record readings and at the end of tests signatures of test engineer,



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purchaser’s engineer is placed. Five copies of bound volumes of such reports shall be submitted before claiming final payment.

3.3 End documentation:

Supplier shall submit 05 (five) copies of end documentation consisting of operation, maintenance, trouble shooting, erection and commissioning manuals. The manuals shall be bound volumes and shall contain all the drawings and information required for erection, operation, maintenance and trouble shooting of the batteries. Among other things the end documentation shall contain at least the following documents.

i. Tender document, purchase order copy and shipping releases, including all reports prepared and approved during inspection.

ii. Instruction manual for erection, commissioning, operation, maintenance of stands and battery cells of the battery.

iii. Maintenance manual covering the battery charging (Float, equalizing, boost ) practices with recommended frequency of the charging and method of charging along with other battery maintenance practices e.g. topping-up, cleaning , discharge test (C-10 & HRD) along with recommended testing frequency and procedure shall be mentioned in the manual.

iv. Complete bill of material of all the components and accessories giving make, type, description and complete rating details.

v. One set of all approved drawings.

vi. Approved copies of design concession requests (DCR’s), if any. vii. List of spares and maintenance accessories.

4.0 TECHNICAL DETAILS/ SPECIFIC REQUIREMENTS OF 360V DC, 1605AH (Min.) PLANTE TYPE LEAD ACID BATTERIES :

Type of battery : Lead acid: Plante Positive plate stationary battery.

Application : Power UPS DC back up for the period of more than 30

Minutes.

Guaranteed discharge

duration

: 30 Minutes discharge with 1000 ampere

4.1 Each Power Battery bank shall be formed from 180 no. of Battery cells and other associated items being supplied.

4.2 The batteries shall be used as emergency stand by power supply source to inverter modules. The batteries shall be highly reliable with adequate design margins so that they are capable of meeting the specific load requirements during entire period of life under all ambient conditions specified. Supplied battery banks should be able to give a



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backup time of minimum 30 min to 600KVA PUPS with total class-II load of 1000 Amps.

4.3 The battery cells, being offered by the bidder, shall be of exactly same dimensions as mentioned in tender. No changes will be allowed in existing battery stands. One power battery bank will be formed from 180Nos offered battery cells. Offered battery cells must be placed snugly in the existing Battery stand (if required, packing shall be supplied) exactly in the same manner in which present M/s Exide make YHP-1605NA,1605AH battery cells are installed.

4.4 All material used shall be new and in good condition. All workmanship shall be of first class and according to best engineering practices.

4.5 All identical components particularly removable ones shall be fully interchangeable with each other.

4.6 Ambient conditions of site for which battery is required to be give satisfactory operation/ fulfill load requirement as per duty cycle are as follows:

1 Maximum ambient air temperature 450 C

2 Minimum ambient air temperature 50 C 3 Reference ambient air temperature 270 C

4 Nominal ambient temperature 320 C

5 Relative humidity 50 % to 90 %

4.7 Battery system Details :

SL. NO. DESCRIPTION LEAD ACID

a. Maximum system voltage during boost charging of battery with load isolated

486 V DC

b. Nominal Voltage

360V DC (The CONTRACTOR shall interface with the requirements of DC supply for Power UPS system)

c. Minimum system voltage at the end of 30 minutes discharge of battery

306 V DC

d. Maximum charging current limit of the charger 300 A DC

e. Maximum time the battery can take for recharging (with maximum charging voltage limited to 2.40 VPC) after a duty cycle so that it is again ready for a second duty cycle discharge.

8Hrs with current limited to 300A



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f. Rated load current for the specified duration (30 minutes)

1000 A DC

g. Minimum capacity of battery required at standard discharge rated at 270C.

Plante: 1605AH at C10 rate

h. Regulation of battery charger voltage +/-2% i. Ripple content present in the battery charger

output without battery 5% Max.

j. Nominal cell voltage (VPC)

2.05 V k. Float charge cell voltage (VPC) 2.25 V l. Equalizing charge cell voltage (VPC)(online) 2.40 V m. Boost charge cell voltage (VPC)(offline) 2.70 V n. End cell voltage after C-10 rate discharge (VPC) 1.85 V (minimum) o. End cell voltage after high rate discharge upto 30 min

with discharge current of 1000 ampere (VPC) 1.70 V (minimum)

p. Specific gravity of electrolyte 1.200±0.005 q. Arrangement of battery cells in stands Single row single tier. Cells shall

be arranged in a direction such that the conditions of all plates are visible.

Note:-Acceptable deviation limits will be as per applicable IS/IEC/IEEE standards.

4.8 Factors to be considered for battery sizing:

Sr. No. Factors of consideration Lead acid plante type

1. Design margin 1.1 (10%) 2. Aging margin 1.10 3. Temperature correction Factor (5ºC min.) As per IS 4. Capacity loss due to Prolonged float operation Nil

Note: 1) CONTRACTOR may review the proposed float, equalizing and boost voltages and confirm acceptance of the same or propose alternatives, which however shall be subject to the review and approval of purchaser.

2) The batteries are normally in float charge condition and are very infrequently subjected to full capacity discharges. Typically, batteries will be subjected to a full capacity C10 rate test discharge once in every 2 years. The type of batteries offered, the float voltage settings, periodicity of boost/equalising charge etc. shall take this in to account. During operation of the batteries, development of large amounts of sediment, which may create short circuits between the plates and thereby reducing the cell capacity, shall be avoided. Measures taken in the design and manufacturing of cells to ensure the above shall be stated in the technical offer. Maintenance manuals shall take these factors in to account and specific recommendations shall be brought out.

4.9 PERFORMANCE REQUIREMENT : 4.9.1 The battery covered under this specification is classified as safety class-EA as per AERB

safety classification. Accordingly, the batteries design, manufacturing, inspection, testing,



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installation and commissioning shall be done.

4.9.2 Float charge mode : In normal course of operation battery will receive a continuous charging at constant voltage from the output of rectifier/charger through UPS at a low rate sufficient to compensate for internal losses. Battery in this condition shall remain in a fully charged condition with a constant voltage. Preferable float charge voltage per cell is indicated above; however bidder shall clearly indicate the recommended values.

4.9.3 Equalizing/Boost charge mode :

The battery will be given an equalizing charge at regular intervals during its life span at constant voltage to correct any inequalities among cells of the battery that may develop during service as described in different clauses of this specification. The supplier shall specify in his offer the recommended intervals at which the equalizing charge should be given, the equalizing voltage and duration of the charge considering the service condition of the battery required.

4.9.4 Boost Charge mode:

Bidder shall specify the interval or symptoms in batteries, based on which, battery boost charging may be done.

4.9.5 High Current Discharge : Following a power supply failure to charger of UPS, to which the battery will be connected, the battery shall be able to feed the entire emergency loads through inverter modules for a minimum guaranteed period of 30 minutes with a load of 1000A of current. The battery shall meet the input power requirements of inverter without sacrificing the performance of output bus power supply. The discharge current along with duration and battery bank voltage is indicated above. The rate of discharge may be repeated at intervals and shall not in any way have an adverse effect on the stated capacity and on expected life of battery.

4.9.6 Charging of Battery

After being subjected to the high current discharge as well as capacity discharge (C-10), the battery shall be capable of being recharged as soon as Class-III power supply is restored. The period of charging shall not be more than eight (8) hours after 30 minutes high rate discharge and within 20 hours after capacity discharge throughout its life. The charging cycle of battery shall comprise of 2 stages:

i. Initial charging: The charging of battery shall be carried out at modified constant

potential with appropriate current limit. The rectifier voltage under this boost charge will be 486 V DC and the maximum current limit will be 300 ampere. The boost voltage indicated i.e. 486 V DC is available only after C-10 capacity discharge during testing or initial commissioning. After 30 minutes discharge, battery shall be able to recharge to 100% capacity with charging voltage limited to boost charging voltage, within 8 hours.

ii. Constant potential Charge: The float charging of battery shall be affected at a



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constant voltage level; however the values of voltage per cell specified are approximate. Supplier shall clearly furnish the various potential/ cell values for purchaser’s consideration.

4.9.7 Capacity : The standard C-10 Ampere-hour capacity of battery bank to be sized as per latest edition of IEEE-485. This C-10 capacity (as per IS 1652) shall be guaranteed by the bidder and shall be subject to proof with tolerances as specified in relevant Indian Standards. The required performance shall be guaranteed at all ambient temperatures specified. Calculations and methodology adopted in arriving at the appropriate C-10 rating shall be furnished.

4.10 CONSTRUCTIONAL FEATURES OF LEAD ACID :

4.10.1 BATTERY TYPE :

The dimension of each cell preferably shall be Length (mm): 507-511 mm Width(mm) : 366-370 mm Overall Height(mm): 675-687mm

4.10.2 TERMINAL POST Positive and negative terminal posts of the cell shall be clearly and unmistakably identifiable. Terminal posts shall be designed to accommodate external bolted connections conveniently and positively. Each terminal post shall have bolt holes of same diameter, preferably at right angle to each other for connecting inter-cell or inter-tier connectors. All metal parts of the terminals shall be of copper coated with lead (Lead symmetrically coated over copper bar). Bolts heads and nuts, except seal nuts, shall be hexagonal and shall be lead covered. Terminal posts shall be adequately fixed to prevent its turning or twisting when the connectors are being fixed or removed. The junction between terminal posts and cover and between the cover and container shall be adequately sealed to prevent any seepage of the electrolyte. All terminals shall be provided with insulated covers.

4.10.3 MARKING

Each cell shall be marked to meet the requirements of relevant Indian standards. In addition, each cell shall be indelibly numbered serially to identify the cell during manufacture, testing, installation and operation of battery to identify the cells after assembled into battery bank in battery racks.

Following markings however shall be provided: i) Manufacturer’s type and trade name. ii) Electrolyte level (max. & min.) In case of transparent container. iii) Type of container and standard AH capacity as per IS. iv) Polarity marking as per relevant IS.

A set of loose approved type of stickers shall be provided to mark the cells position in the assembled battery bank at site so that a cell is removed for maintenance can be put back in original position.



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4.10 CODES AND STANDARDS Design, material, manufacture and performance of equipment shall comply with all currently applicable standards, statues, regulations and safety codes in the locality where the equipment will be installed. Nothing in this specification shall be construed to relieve Vendor of his responsibility. Unless otherwise specified, equipment shall conform to the latest applicable Indian & International standards and in particular to the following standards. In case of any conflict between standards & these specifications, this specification shall govern.

Sr. No. Standard Description

1. IS – 1885 Electrical vocabulary, secondary cells and batteries.

2. IS – 1652 Lead acid batteries with Plante positive plates. 3. IS – 1069 Water for storage batteries. 4. IS – 266 Sulphuric acid for storage batteries. 5. IS – 8320 General requirements for methods of tests for lead acid storage

batteries. 6. IS -6071 Synthetic separator for lead-acid batteries.

Following Standards shall be generally followed unless stated otherwise in specification:

S.No. Standard Description 7. IEEE – 323 Shall be generally followed unless stated otherwise in

specification. Shall be generally followed 8. IEEE– 366 Installation, inspection and testing requirements for

instrumentation and electric equipment during construction of nuclear power generating stations

9. IEEE-344 Recommended practice for seismic Qualification of class-1E equipment for nuclear power generating stations.

10. IEEE-450 Recommended practice for maintenance testing and replacement of large acid storage batteries for generating stations and sub stations. 11. IEEE-485 IEEE Recommended practice for sizing large lead storage batteries for generating station and substation.

12. IEEE-535 Shall be generally followed unless stated otherwise in specification.

13. IEEE-1146 Specification for rubber and plastics containers for lead-acid storage Batteries.

5.0 TESTING AND QUALIFICATION:

General : All work associated with this tender is subject to quality surveillance by purchaser’s

authorized representative.

Supplier shall make note that all stage inspection/testing calls to purchaser’s representative shall only be intimated with prior arrangement of required facilities for carrying out testing smoothly.



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Supplier shall at all-time permit access to the purchaser’s representative to:

Premises where work is being carried out. Drawings or documents involved. Instruments and apparatus required to carry the inspection.

Typical sample quality control plan (sample) is enclosed as Annexure-2. However, the

supplier is required to submit his detailed quality control plan along with other drawings and documents for purchaser’s approval. Purchaser will indicate all the “hold” and “review” points required by him while approving the documents.

Equipment covered in this tender are classified as safety related equipment for Nuclear Power Stations (Class-IE equipment). Defects with respect to essential requirements shall be prevented at all stages. All material used shall identifiable at all stages. Detailed procedures shall be established for various activities. Independence of quality control from production, performance of quality audits, proper training & qualification of all personnel concerned etc. shall be ensured.

Inspection and testing by purchaser shall not be limited to the final product only.

Inspection shall cover raw materials, brought out components, semi-finished goods, process inspection and final products. If required, inspection may be carried out at sub-supplier. Works also. All item/components/finished cells shall have identifiable number so that they can be correlated to test certificates.

Purchaser’s inspection engineer may be involved in various stages of inspection and testing.

All inspection/testing shall be carried out based on written procedures having clear acceptance norms.

The routine tests, acceptance tests, special tests and type tests are covered in this section. Inspections and tests at raw material stage, semi finished or module level are detailed in the typical/tentative QAP given in Annexure-2.

All the equipments offered should have been successfully type tested as per the relevant standards, amended up to date. In case the equipment of the type and design offered has already been type tested, Bidder shall submit valid type tests certificates as per IS-1652. If batteries offered by the bidder are already qualified for type tests within last five years from the date of opening of tender then, supplier shall submit earlier type test reports for review to NPCIL. If type test reports submitted by the bidder are accepted by NPCIL, then bidder need not to conduct type test on offered batteries.

The undertaking to this effect shall be furnished along with the offer, without which the offer shall be liable for rejection. As a part of technical offer, bidder shall include a tabulation detailing various type tests on each type of equipment along with applicable type test certificate number, details of the equipment subjected to type test, place of testing and final results.

The purchaser reserves the right to demand repetition of some or all the type tests in the presence of his representative. For this purpose the bidder shall quote unit rates for carrying out each type test. Bidder shall provide the breakup of charges for various tests being covered in type test.

5.1 Type Tests Note: If offered battery is already seismic and type tested then relevant certificate shall be submitted and also bidder shall submit OEM certificate stating that there is no change in design and the manufacturing process for seismic and type tested/qualified battery model.



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5.1.1 Type tests on Containers

The following type tests shall be carried on containers in accordance with IS: 1146. Containers used for type tests should not be included in the supply.

Verification of constructional requirements.

Verification of marking and packing.

High voltage test.

Drop ball test.

Plastic yield test.

Hydraulic thrust endurance test at elevated temperature.

Acid resistance test.

5.1.2 Tests on Separators

Tests on separators shall be carried out as per IS: 6071. In case of other plastic like PE any internationally acceptable standard recognizing such material shall be followed.

5.1.3 Type Test on Completed Cells

Following type tests specified in IS: 1652 (as applicable) shall be carried out on three cells of each rating of battery:

Verification of constructional requirements.

Verification of marking.

Verification of dimensions. a) Test for capacity at C10 rate and Test for voltage during discharge. b) Additional Test for capacity at C1 rate

Ampere-hour and watt-hour efficiency tests.

Test for loss of capacity on storage.

Life cycle endurance tests.

5.2 Acceptance Tests

Acceptance Tests for Containers

Acceptance tests as per IS: 1146 shall be carried out on the containers for lead acid cells.

Acceptance Tests on Completed Cells Acceptance tests as per IS: 1652 / IS: 1651(as applicable) shall be performed on at least two samples drawn from each lot of batteries comprising one battery bank.

5.3 Routine Tests

Routine Tests on Containers



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Containers for all lead acid cells shall be tested in accordance with IS: 1146.

5.4 Special Tests

The following special tests shall be carried out on three cells of battery of each type for which testing charges shall be quoted by the bidder:

5.4.1 Test as per clause 4.7 f (Rated load current 1000 ampere for 30 minutes). 5.4.2 Test as per clause 4.7 g (Duty cycle during station blackout condition). 5.4.3 Seismic test.

Note- If batteries offered by the bidder are already seismically qualified for any Kaiga site, then, supplier shall submit earlier seismic qualification reports, for review by NPCIL. Acceptability of earlier seismic qualification for present application will be subject to clearance from NPCIL. If seismic qualification reports submitted by the bidder are accepted by NPCIL, then bidder need not to conduct seismic qualification test on offered batteries. However, in case, seismic test is not required, based on earlier qualification reports, no charges shall be payable to the supplier .

In case bidder has to carry out seismic qualification on offered batteries supplying safety / safety related loads, the batteries shall be tested as per IEEE-344 for safe shutdown earthquake level based on floor response spectrum for 106 m elevation of KGS 3&4 Control Building. The above mentioned floor response spectrum will be furnished to the successful bidder.

The seismic qualification shall be carried out by successful bidder by actual testing method. Bidder can manufacturer racks (prototype, similar to existing racks installed at purchaser’s site) for offered battery cells and test them together on shake table at recognized laboratories. The battery cells used for seismic qualification will not be part of material supply.

The battery rack module along with cells are mounted on the shake table and the seismic motion is given to shake table in such a way that the Test Response Spectra (TRS) envelops the battery Required Response Spectrum (RRS).

Seismic test may be done at CPRI, Bangalore or any other suitable test venue approved by purchaser.

The procedure for seismic qualification testing indicating number of cells, racks, number of accelerometers and strain gauges etc. required to be provided during the testing shall be decided during finalization of test procedure. Cells and racks used in seismic qualification test shall not form part of the supplies against this tender.

The cells used for performing type and special tests etc., shall not form part of regular battery bank.

The batteries are accepted only if the following conditions are satisfied. 1. There shall not be any interruption in power supply from battery. 2. C10 test shall be carried out as per our requirement specified in specification. 3. One of the cells after C10 shall be inspected for any physical damage, looseness,

fatigue, dislocation etc.



Page 17 of 38

Note : The cells used for performing type and special tests etc., shall not form part of regular battery bank.

5.5 Tests at KGS 3&4 Site :

The following tests shall be conducted at site on station batteries and accessories as per standards specified. These are however, not intended to form a comprehensive commissioning checklist as it shall be the BIDDER's responsibility to draw up and carry out such a program duly approved by the PURCHASER. Typical checks to be carried out at site are listed below:

5.6 Typical Checks

The CONTRACTOR shall arrange for necessary equipment for carrying out these tests at site.

5.6.1 Preliminary checks

5.6.1.1 Check nameplate details of every associated equipment according to

specification. 5.6.1.2 Check for physical damage. 5.6.1.3 Check for tightness of all bolts, clamps and connecting terminals. 5.6.1.4 Check cleanliness of cells, stands, and battery installation. 5.6.1.5 Check for correct electrolyte level.

5.6.1.6 Check for electrolyte specific gravity.

5.6.1.7 Check for electrolyte leakage.

5.6.1.8 Check for chemical analysis of acid and water for mixing with electrolyte and topping up.

5.6.1.9 Check for any cell container crack.

5.6.1.10 Verification of dimensions.

5.6.1.11 Verification of stands and cell mounting etc. 5.6.1.12 Verification of battery installation and terminations as per drawings. 5.6.1.13 Verification of inter-cell, inter-stand, inter- row connection and measurement of

their resistance.

5.6.2 Performance Tests (Lead Acid Battery)

5.6.2.1 Visual inspection.

5.6.2.2 Verification of markings.

5.6.2.3 Power Batteries:

1. Minimum of three C10 discharge test up to specified voltage to be conducted, if any cell voltage reaches end cell voltage before stipulated time then those cell are to be replaced.

2. Minimum of two HRD test up to specified voltage to be conducted if any cell voltage reaches end cell voltage before stipulated time then those cell are to be replaced.



Page 18 of 38

NOTE: The battery shall initially on first charging will be charged as per manufacturer’s recommendation and subjected to a few charge - discharge cycles till 100% rated capacity assigned by manufacturer is obtained.

5.6.2.4 Test for voltages both on bank and on pilot cells (1 out of each 6 cells) during discharge (HRD).

5.6.2.5 Polarity and absence of short circuit.

5.6.2.6 Insulation resistance test.

5.6.2.7 Duty cycle discharge test on battery bank on next available opportunity, after float charge for approximately three (3) months.

5.7 DOCUMENTATION FOR QUALIFICATION/TESTS:

All stages of manufacture shall be documented by inspection reports, material certificates, test certificates, test results etc. For each cell such that material supplied can be correlated to test certificates.

5.7.1 The documentation shall cover certificates for stages reviewed by purchaser’s engineer, certificates for bought out items. Test carried out under supervision of purchaser’s engineer and approved QA plan and test procedures.

5.7.2 All such quality control reports shall be made into bound volumes and 10 nos. of such volumes shall be supplied for each bank of battery. Documentation shall be submitted alongwith delivery of equipment.

5.7.3 The qualification shall verify that the batteries are qualified for the application and meet specified performance requirements. The basis of qualification shall show the relationship of all facts of proof needed to support the design adequacy of the battery. Data used to demonstrate the qualification of the battery and rack shall be pertinent to the application and organized in an auditable form. Photo of battery rack stand is attached in Annexure-3.

5.7.4 THE QUALIFICATION DOCUMENTATION FILES SHALL CONTAIN THE FOLLOWING:

5.7.5 General information:

Identification of the battery being qualified. The installation requirements including mounting methods and configuration and

external. Interfaces to battery. Preventive maintenance schedule for the installed life of the battery. The range of temperature and humidity, seismic accelerations for which the

battery are qualified. Procedure for capacity & high rate discharge test of battery bank. Electrical characteristics of the battery which include

(i) Ampere hour capacity, (ii) Float voltage (iii) Equalizing voltage (iv) Boost voltage (v) End of discharge voltages (vi) Specific gravity (vii) Bank maximum voltage



Page 19 of 38

(viii) Bank minimum voltage.

Qualified life at 27०C electrolyte temperature 5.7.6 Identification of specific features to be demonstrated by tests

5.7.7 Test plan

5.7.8 Reports of test results, which shall include the following: Objective Equipment tested Description of test facility, instruments used calibration records etc. Test procedures, frequency of readings and input data. Test data and results Signature of test personnel and date.

5.7.9 Summary, conclusions, and recommendations including statement of qualified

life. 5.7.10 Supporting data 5.7.11 Approval, signature and date. 5.7.12 All malfunctions noticed, action taken and justifications. 5.7.13 In case of analysis following data shall replace test results.

The assumptions, empirically derived values, and mathematical models used

together with appropriate justification for their use. Description of analytical methods/computer programs used. Summary of analytically established performance characteristics and their

acceptability. Analyst’s signature and date. Approval signature and date.

Annexure-1

Following guaranteed technical particulars shall be furnished by the tender along with his offer for the batteries covered by this specification:

Sr. No. Description : Offered Specification

1. Manufacture’s & name and address : 2. Type of battery/ cells offered : 3. Manufacture’s type no./ designation : 4. Battery suitable for discharge :

i) High rate : ii) Medium rate : iii) Low rate :

5. AH Capacity of the battery at rated capacity discharge to standard and voltage and at 27°C as per

:

i. Initial capacity :



Page 20 of 38


ii. Rated capacity. : iii. End of life capacity. :

6. Battery bank voltage. : 7. Number of cells in series. : 8. Time period for which the specified load current can be

Supplied by the battery offered to the specified end voltage at 27°C.

: Time in minutes.

Current End voltage (Volts per cells)

i. Initial (Corresponding to 5.i above) : ii. End of life (Corresponding to 5.iii above)

:

9. Calculations for sizing of battery enclosed. : Yes / No 10. Correction factors considered while calculating the AH rating

of cells. :

Correction factor for ambient temp of 5°C : Correction factor for end of life of the cells : Design margin : Correction factor for float charging : Correction factor for aging margin considered so that the cells can meet the specified load (with temperature correction) even at the end of guaranteed life.

:

Any other factor that needs to be considered for properly sizing the battery to meet the intent of specification?

:

11. Design calculation for arriving at AH rating of battery is enclosed?

: Yes/No

12. Duration of discharge for new battery while subjected to loading as per duty cycle diagram & as per EOD voltage specified in Section C-10 in hrs:

:

13. Magnitude of current new cell is rated to discharge for 1hr/30mnts before reaching specified end of discharge voltage (EOD).

:

14. Short circuit current from battery at battery terminals: a) Momentary short circuit current (A) b) Steady state short circuit current (A) c) Time constant: (Furnish the graph showing the S.C current vs. time)

:

15. Charging Requirements : Float Charging : Voltage (V) : Current (A) : Variation of float voltage with cell temperature. : H2 liberation rate (m3/hr)/A per cell :

16. Equalising Charging : Voltage (V) : Current (A) :



Page 21 of 38


H2 liberation rate (m3/hr)/A per cell : Recommended Duration of equalising charge (hrs) : Recommended interval at which equalising charging is required (months)

:

Current limit at which equalising charge should be carried out (A)

:

17. Boost Charging : Recommended values for boost charging voltage & associated current limit in charger to ensure that battery is fully charged in 8 hrs after the following types of discharges: a) High rate of discharge at specified duty cycle 1. Voltage limit (V) 2. Current limit (A): Starting rate 3. Current limit (A): Finishing rate b) C10 discharge (for lead acid batteries). 1. Voltage limit (V) 2. Current limit (A): Starting rate 3. Current limit (A): Finishing rate

:

H2 liberated (m3/hr) : Duration of boost charging (hrs) :

18. Maximum Permissible steady state battery charger voltage variation

:

19. Maximum Permissible ripple voltage in Charger out put : 20. Maximum Permissible ripple current in charger output

current :

21. Terminal voltage of the battery bank after considering voltage drops due to internal cell resistances and inter cell and inter row connectors resistances at the end of following types of discharges at 27°C (V) a) Duty cycle discharge b) C10 discharge for Lead Acid batteries.

:

22. Maximum current density at any part of the group bar at one minute rate.

:

23. Maximum current density of terminal pillar at one minute rate.

:

24. Heat liberated into the room during boost rate of charging : 25. Heat liberated into the room at specified high rate of

discharge. :

26. Overall weight of complete battery bank (kg) : 27. Whether the space provided for batteries is adequate

keeping in to account space for maintenance and cell replacement?

:

28. Distance between cell centers when erected (mm) :

29. Weight of battery bank with all cells, electrolyte, connectors, etc.

:



Page 22 of 38


30. Volume and weight of electrolyte at 1.2 specific gravity and 27°C.

:

31. Racks : Dimensions of each rack (mm x mm x mm)

:

Weight of each rack (kg) : Tender drawing showing layout of battery & all dimensions enclosed?

: (Yes / No)

Whether cells in racks are insulated from ground? : (Yes / No) Material of construction : No. of tiers : No. of cells per rack : No. of racks in each bank: : Whether the arrangement of cells in racks permits clear visual examination of all plates in a cell?

:

Whether battery banks along with the racks are qualified for the specified seismic duty? (If yes, type test report to be furnished along with the response spectra).

:

Material details, fixing arrangement to floor etc. :

32. Layout of the proposed battery overall dimensions. Row & tier arrangement tier and furnish length, width and depth.

:

33. Interval between topping up of cells with distilled water(months):

:

34. Whether the cells are dispatched without electrolyte and max. period of storage under this condition

:

35. Positive plate : Type of construction : Material composition : Dimensions : Number of plates /cell and AH capacity per Plate : Thickness of positive plates before forming (mm) : Weight of positive plate before forming (kg) : Maximum permissible batch-to-batch variation in the capacity of plates during the manufacture of plates.

:

Sampling plan for capacity tests on plates : 36. Negative plate :

Type of construction : Dimensions : Material composition : Number of plates /cell : Thickness of negative plates before forming (mm) : Weight of negative plate before forming (kg) :



Page 23 of 38


Maximum permissible batch-to-batch variation in the capacity of plates during the manufacture of plates.

:

Sampling plan for capacity tests on plates : 37. Grid :

Material composition : Type of construction : Weight :

38. Terminal Posts : Material composition : Thickness of lead coating (mm): : Cross sectional area (maximum) : Dimensional of inter row & inter tier connector. :

39. Inter cell Connectors : Material : Thickness of lead coating (mm) : Cross section area (maximum) : Resistance of the inter cell connector at 270C : Whether connectors are designed considering high discharge currents?

:

Maximum temperature of connector or joints permissible during high rate of discharge.

:

Dimensional details of battery take off terminals. : Dimensions of cell terminals. : Material for the following connectors and reference standard for material.

:

i. Cell terminals. : ii. Inter cell connectors. : iii. Inter row connectors. : iv. Inter tier connectors. : v. Battery take off terminals. :

Minimum guaranteed lead/nickel coating on : i. Connectors : ii. Terminals/Connectors : iii. Hardware :

40. Inter stand Connectors : Conductor Material : Insulation material : Thickness of lead coating on connectors (mm) : Cross section area (maximum) : Resistance of the inter stand connector at 270C :



Page 24 of 38


Whether connectors are designed considering high discharge currents?

:

Maximum temperature of connector or joints permissible during high rate of discharge.

:

41. Containers : Material : Whether transparent : Yes / No Container lid a) Material b) Method of fixing to the container

:

Height of sediment space provided : Applicable Standards : Minimum clearances between container : i. Positive plate and bottom. : ii. Positive plate and side. :

42. Separator : Material : Type of separators : Amount of separator overlap provided : Applicable standards : Number of separators per cell : Minimum separator overlap: :

i. Top : ii. Bottom : iii. Side :

43. Electrolyte : Amount of electrolyte for first filling (litre) : Amount of electrolyte per cell (litre) : Applicable standard for electrolyte : Height of electrolyte above the plates and below the min level indicated

:

44. Battery terminal voltage on sudden disconnection of float charger with load connected (V)

:

45. Recommended charging characteristics after high rate discharge so that battery can be completely recharge in 8 hours.

:

46. Recommended equalizing voltage, current and frequency. : 47. Maximum permissible voltage regulation that battery can

tolerate :

48. Maximum permissible voltage and current ripple that battery can tolerate.

:

49. Life of battery :



Page 25 of 38


50. Guaranteed life span of battery under site condition i) 27°C (yrs) ii) 45°C (yrs)

:

51. Guaranteed life of battery when operating under the specified ambient conditions and subjected to two deep discharges in a year and few numbers of shallow discharges and maintained as per manufacturers recommendation

:

52. Life of battery in terms of no. of discharge and charge cycles as given below: i. Discharge at C10 rate followed by boost charging ii. Discharge as per PURCHASER's duty cycle diagram

followed by boost charging:

:

53. Recommended minimum no. of air changes to be provided in battery room:

:

54. Specific gravity of electrolyte at 27 deg.C. and with cell completely charged

:

55. Specific gravity of electrolyte at 27 deg.C. after duty cycle discharge

:

56. Specific gravity of electrolyte at 27 deg.C. after C10 discharge : 57. Specific gravity of electrolyte 27 deg.C. after 8 hr. of charging

subsequent to a duty cycle discharge. :

58. Specific gravity of electrolyte at 27 Deg.C. after 12 hrs. of charging subsequent to a C10 capacity discharge.

:

59. Terminal voltage of the battery bank and cell after C10 discharge.

:

60. Terminal voltage of the battery bank and cell after high rate of discharge.

:

61. Whether all maintenance accessories as specified included in the scope? List of maintenance accessories considered is attached?

:

62. Recommended interval for periodic discharges and rate of recommended discharges.

:

63. Whether the batteries offered are suitable for continued float operation with periodic on-line equalizing operation at recommended interval and C10 discharges only at once in a 2-year interval.

:

64. For lead acid batteries, state whether "ECO-mark" has been allotted by Bureau of Indian Standards (Yes / No):

:

65. Applicable standards for the type of cells offered. : 66. Whether the tenderer has supplied similar equipment to any

plant located in an area subjected to the seismic events of the same magnitude or higher and equipment have performed satisfactorily during such events.

:

67. Whether the tenderer has carried out seismic tests on similar equipment to prove their seismic withstand capability.

:

68. Whether the tenderer has carried out seismic analysis to determine seismic withstand capability.

:

69. Average Mean Time Between Failures (MTBF) :



Page 26 of 38


70. Average Mean Time To Repair (MTTR) : 71. Curves showing relation between capacity factors,

discharge rate and end of discharge voltage enclosed to facilitate selection of cell Size.

: Yes / No

72. Internal resistance of cell. : i. Resistance of inter-cell connector : ii. Dimensions of inter-cell connector. : iii. Resistance of inter row/inter tier : iv. Connector. :

73. Ampere hour efficiency of the battery : 74. Watt-hour efficiency of the battery : 75. Whether the bidder has the necessary facilities

to carry out endurance tests. If yes furnish details of existing facilities.

: Yes / No

76. Cell number plates provided : Yes / No 77. Battery bank name plate provided : Yes / No 78. Electrolyte level indicator provided cell : Yes / No for each 79. Are the vent plugs splash proof : Yes / No 80. Type of inter-cell connections. : Rigid / flexible 81. Type of inter-tier connections. : Rigid / flexible 82. Type of inter-row connections. : Rigid / flexible 83. Whether cells are sealed type : Yes / No 84. Method of sealing the cells and sealing

compound details. :

85. What provisions are made for specific gravity measurement of cells

:

86. What provisions are made to know the Condition of cell during operation.

:

87. Insulating covers for inter-cell, inter-tier, inter-row and take off terminals provided

: Yes / No

88. Material for insulated covers. : 89. Characteristic Curves : Provided / Not provided.

i. Terminal voltage vs. time for different rates of discharge. : ii. Terminal voltage vs. time for specified methods of

charging. :

iii. Specific gravity of electrolytes vs. time for different rates of discharge.

:

iv. Specific gravity of electrolyte vs. time for specified method of charging.

:

v. Ampere hour capacity vs. life in years of operation. : vi. Battery life vs. temperature of ambient :

90. Capacity factor for various rates of discharge for various end of discharge voltages.

:



Page 27 of 38


91. Catalogues and technical literature on the equipment offered are enclosed

: Yes / No

92. Proposed QA plan enclosed : Yes / No 93. Delivery Schedule. (Schedule of weeks after placement of

order) :

94. Submission of drawings, QC plan, test procedure. : 95. Time allowed for approval by purchaser. : 96. Schedule for completion of 1st lot for selection of sample

for type test and qualification tests. :

97. Schedule for completion of type tests. : 98. Schedule for completion of acceptance. : 99. Schedule for manufacture, inspection, testing &

delivery at site of all batteries. :

100. Time required for erection of each battery bank, filling electrolyte and keeping ready for commissioning.

:

101. Time required for conducting site acceptance tests. : 102. What should be the frequency of battery equalize charging : 103. What should be the Mode of charge equalizing

(Constant Voltage/ Constant Voltage Mode) :

104. Proof of ability : i. The bidder shall submit the list of batteries supplied to

other customer for similar application and to similar standards and tolerances.

:

ii. Deviations from specification : iii. Bidders shall clearly bring out the deviation from the

technical conditions specified in the sspecification. :



Page 28 of 38

ANNEXURE – 2 QUALITY ASSURANCE PLAN FOR 360V DC LEAD ACID CONTROL BATTERIES (SAMPLE--- only for reference)

Note-This is a typical Quality assurance plan for Plante/Tubular batteries and is only for reference as sample. Some of the clauses/contents may not be applicable for

this tender. Successful Bidder has to submit Quality assurance plan for offered batteries for approval by NPCIL.

Abbreviations:

V - Verified by P - Performed by W - Witnessed by (After lapse of due notice to NPCIL, manufacturer may proceed with manufacture) H - Hold (Unless a written clearance is obtained from NPCIL, manufacturer shall not proceed to next stage) 1 - NPC QS 2 - Prime supplier/ EPC contractor 3 - Approved External Laboratory or Sub Vendor QC(if vendor QC / facility not available.) AD - NPC Approved Document such as Tender Document, Purchase order, Drawings & Test Procedures TR - Test Report PS - Plant Standard CHP/H - Customer Hold Point IS - Indian Standards Notes:

Wherever V & W are both indicated, NPC QS to witness test or review TRs. TRs not more than five year old from date of purchase order shall be reviewed for acceptance. Otherwise test shall be carried out. Minor: The characteristic of a component, process or operation whose failure neither materially reduce the usability of the product in operation, nor does

it affect the aesthetic aspects. Major: The characteristic of a component, process or operation whose failure may cause operation failure which cannot be readily corrected at site or

cause substandard performance, increased erection and maintenance cost, reduced life or seriously affect aesthetics or ergonomics. Critical: The characteristics of a component, process or operation failure of which will surely cause operating failure or intermittent troubles

which is difficult to rectify at site or render the unit unfit for use or safety hazards. ‘‘Failure ‘’ of a characteristic means failure to meet the ‘acceptance norms ‘. Sampling: Generally in accordance with IS:2500 If 100%”Witness” is carried out by “Prime contractor”. NPCIL will witness on sample basis, or if 100%

“Witness” of tests is carried out by “Sub contractor”, “Prime contractor” will witness on sample basis.



Page 29 of 38

Any deviation to this QAP has to be specifically mentioned in the remarks column.

Sl. No.

Component Characteristic checked Category Method of check Extent of check Reference

document Acceptance

norms Format of record

Agency Remark V P W H

1.0 Incoming Material 1A Positive Plates 1. Chemical analysis of

material 2. Dimensions 3. Surface finish 4. Physical Properties 5. Process control during

plate forming. 6. Plate capacity tests.

Critical Major Major Major Critical Major

Chemical Measure Visual Physical Physical Meas.

1 No. Sample / batch Sample 100% Sample 100% Sample

PS

PS PS PS PS

PS

PS

PS PS PS PS

PS

TR TR TR TR TR TR

1,2 1,2 1,2 1,2 1,2 1,2

3 3 3 3 3 3

1 1

On

Sample basis

1B Negative Plates

1. Chemical analysis of material.

2. Dimensions 3. Surface finish 4. Physical Properties

Critical Major Major Major

Chemical Measure Visual Physical

1 No. Sample /batch Sample Sample 100%

PS

PS PS PS

PS

PS PS PS

TR TR TR TR

1,2 1,2 1,2 1,2

3 3 3 3

1C Grid 1. Chemical analysis 2. Dimensions 3. Surface finish 4. Physical Properties

Critical Critical Major Critical

Chem. Meas. Visual Physical

Lot Sample Sample 100% Sample

PS PS PS PS

PS PS PS PS

TR TR TR TR

1,2 1,2 1,2 1,2

3 3 3 3

1D Separator 1. Type Tests

Major Physical Sample PS / IS PS / IS TR 1,2 3

1E

Container

1. Type Tests 2. Routine Tests 3. Acceptance Tests*

Critical Major Critical

Physical /chemical Physical Physical

Sample 100% Samples

PS / IS PS / IS PS / IS

PS / IS PS / IS PS / IS

TR TR TR

3 3 3

2 2 1,2

H H



Page 30 of 38

Sl. No.


document Acceptance



1F Terminal Post 1. Chemical Analysis 2. Conductivity 3. Coating Thickness* 4. Coating Adhesion 5. Dimension 6. Surface Finish 7. Eccentricity of copper

insert in cell (if provided)

Critical Critical Critical Critical Major Major Critical

Chemical Electrical Measure Physical Measure Visual Destructive

Sample 100% Sample Sample Sample 100% Sample 5%

PS PS AD PS PS PS PS

PS PS AD PS PS PS PS

TR TR TR TR TR TR TR

1,2 1,2 1,2 1,2 1,2

3 3 3 3 3 3 3

1,2 1,2

H

1G Inter Cell Connector

1. Chemical Analysis 2. Conductivity * 3. Coating Thickness* 4. Coating Adhesion 5. Dimension 6. Surface Finish.

Critical Critical Critical Critical Major Major

Chemical Electrical Measure Physical Measure Visual

Sample 100% 100% Sample 100% 100%

PS PS PS PS PS PS

PS PS PS PS PS PS

TR TR TR TR TR TR

1,2 1 1,2 1,2 1,2

3 3 3 3 3 3

2 1,2

1H Spill- Trays 1. Dimension 2. Surface Finish

Major Major

Measure Visual

Sample Sample

PS PS

PS PS

TR TR

1,2 1,2

3 3

1I Battery Stand

1. Material tests 2. Dimension 3. Surface Finish* 4. Tests on Painting* 5. Hard ware 6. Welder Qualification 7. NDT on load bearing

Welding

Major Critical Major Major Major Critical Major

Chemical / physical. Measure Visual Physical Visual Physical MP/LP

Sample 100% 100% Sample Sample (10%) 100% Sample (10%)

PS / IS PS PS PS / IS PS / IS PS / IS PS / IS

PS / IS PS PS

PS / IS PS / IS PS/ IS PS / IS

TR TR TR TR TR TR TR

1,2 1 1,2

3 3 3 3 3 3 3

2 1,2 2 2 2

H H H

1J Stand Insulator (if applicable)

1. Surface Finish 2. Dimension 3. HV test

Major Major Major

Visual Measure Electrical

100% Sample 100%

PS PS PS

PS PS PS

TR TR TR

1,2 1,2 1,2

3 3 3

1K Vent Plug & Level indicator

1. Surface finish 2. Dimension

Major Major

Visual Measure

100% Sample

PS PS

PS PS

TR TR

1,2 1,2

3 3

1L Acid for Electrolyte

1. Chemical Analysis Critical Chemical

Lot sample

PS/IS

PS/IS

TR

1 3

2

1M Water for Electrolyte

1. Chemical Analysis Critical Chemical Lot sample

PS/IS

PS/IS

TR

1

3

2



Page 31 of 38

Sl. No.


document Acceptance



1N Interconnecting cables

1. Routine test for cables 2. Test on insulation

Major Critical

Electrical Physical

100% 100%

PS / IS PS / IS

PS / IS PS / IS

TR TR

1,2 1,2

3 3

2.0 In process inspection 2A Assembly of

plates and separators

1. Soldering of plates with group bar*

2. Clearance between plates & separator

3. Tightness of cell assembly strap

4. Placing of plate assembly in container correctly

Critical Critical Critical Major

Visual Visual Physical Physical

100% 100% 100% 100%

PS PS

PS PS

PS

PS

PS

PS

TR TR TR TR

1,2 1,2 1,2

3 3 3 3

2

H

3.0 Final inspection 3A Final testing

on complete cell & stands

1. Type tests 2. Acceptance tests

Critical Critical

Electrical Electrical

Sample Sample

IS IS

AD AD

TR TR

3 3

1,2 1,2

H H

4.0 Special tests 4A 1. Tests as required to

demonstrate cell capacities

Critical Electrical

Sample AD AD TR 3 1,2 H

4B 2. Seismic tests Critical Physical and electrical

A sample of cells containing one rack of actual configuration

AD AD TR 3 1,2 H

QAP for Battery System * NPC will witness tests on these items on sample basis, H- Customer HOLD Point.



Page 32 of 38

Annexure-3 Battery Stand Details



Page 33 of 38



Page 34 of 38



Page 35 of 38

Annexure-4



Page 36 of 38



Page 37 of 38



Page 38 of 38

TPT/SUPPLY-1

SECTION – D

FORMAT FOR SUBMISSION OF PART-I

TECHNICAL AND COMMERCIAL BID (EXCEPT PRICE) OF THE TENDER

Tender No :- 35724

Tender Reference No :- CMM/OPS/58-50-9-3164

Template Name :- 1.0 TENDER FORM - PART - I

TENDER FORM - PART - I (Technical and Commercial Bid except Price) for Indigenous Bidders

FORM No. CMM - 44A/Rev. 2

DescriptionRemarks/BiddersCompliance

Tenderer's Bid No.

Dated

1. I/We have read the 'Invitation to Tender & Tendering Conditions' and the 'Conditions of Contract' as setout in Section-‘B’ of the tender document.2. I/We have thoroughly examined the specifications, drawings and/or patterns quoted or referred to hereinand/or fully aware of the nature of the stores required and my/our bid is to supply the stores strictly inaccordance with the requirements under this tender as detailed in Section-'C' of the tender document.3. I/We hereby agree to supply the stores, strictly adhering to the Conditions of the Contract as set out inSection-B of the tender document.4. You will be at liberty to accept any one or more of the items of stores offered by us and I/We shall bebound to supply you the stores as may be specified in the purchase order/contract.5. I/We hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (onehundred and twenty) days from the date of actual opening of Part-II (Price Bid) of this tender.6. Deviations to technical specifications contained in Section-'C' of the tender documents are detailed inAnnexure-'A' to the Tender Form and compliance proposed to Conditions of Contract contained in Section-'B'of the tender documents are detailed in Annexure-'B' to the tender form.7. I/We hereby authorize you to conduct any enquiry to verify the statement/documents and informationsubmitted in connection with this tender form and to seek clarifications from our bankers and clientsregarding any financial and technical aspects.8. I/We are also enclosing herewith all the leaflets/catalogues etc. pertaining to the stores offered.

**Deviations to Technical Specifications - Annexure 'A' (Bidders to indicate Yes/ No/ N.A. and remarks, ifany)

TPT /Supply - 1

NOTES :

** Please fill as “NO" in field "Confirmation of attachment" againstAnnexure - A if not applicable.

Encl:

https://npcil.etenders.in/EN-dGVtcGxhdGVfbWFzdGVycy90ZW5kZXJ...

1 of 2 2/21/2018 11:05 AM

(1) Deviation to technical specifications - Annexure 'A', if any.(2) Leaflets/Catalogue.


2 of 2 2/21/2018 11:05 AM

Tender No :- 35724


Template Name :- 2.0 ANNEXURE- 'A' - Deviation to TechnicalSpecifications

ANNEXURE- 'A' - Deviation to Technical Specifications for Indigenous Bidders

Deviations to Technical Specification (if any) Confirmation of attachment (YES/NO)

Deviations to technical specifications (if any) are uploaded in PDF format (Form No.Annexure-A)


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Tender No :- 35724


Template Name :- 3.0 ANNEXURE B - I - TERMS OF BID

ANNEXURE B - I - TERMS OF BID FOR INDIGENOUS BIDDERS

1.0 Format for submission of Commercial Terms and Conditions of Tender bid

Sr.No. Item/DescriptionBidder’sResponse/Confirmation asthe case may be

1Price Basis: For Supply - On Free and Safe (FOR) delivery basis at Purchaser’s siteinclusive of Packing, Forwarding,Transportation and Transit Insurance Charges andincluding GST and all other indirect Taxes.

2

Condition of Price: Specify whether they are firm or variable.I) For Supply of Items

a)If desired delivery is more than twelve months, the prices can be variable as per GCCclause No. 5.4 (Price Adjustment) and clause nos. 5.5 (Price Adjustment Formula ). Thetenderers can also quote the firm prices in this case. Please confirm accordingly theprice basis quoted.

b) Kindly furnish the following : ( as per clauses 5.5.1 & 5.5.7.1 of GCC)1. Value of Coefficient for material and labour component ( a,b,c,d,e,………lb)2. Value of Indices of material and labour component ( M,N,O,P,Q,……..L)3. Sources of Indices used (Enclose copies of Indices chosen as per the Tender indicatingthe values -In case the copies of indices are not published then,the latest availableindice copies identifying the indice values may be furnished for reference purpose clearlymentioning that the requisite indice copies shall be furnished immediately after theiravailability)

II) For Supply of Sparesa) Please confirm that the prices quoted in Section – E for spares i.e. ‘Set of Spares’ areon firm price basis.

FIRM

3 Any Other Tax / Duty, If applicable. Please indicate along with rate.

4 HSN Code (For all Goods / Items covered under the scope of the tender(Attach separatesheet if required))

5 SA Code(For all Services covered under the scope of tender(Attach separate sheet ifrequired))

6 Please confirm Delivery Schedule as per Tender, Upload milestone chart, if any

7 Validity of offer (120 days from the date of actual opening of Part - II (Price Bid) of thistender) Please confirm.


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TPT/Supply-1

NOTES :

1.0 Terms which are not applicable shall be filled as "NA".


2 of 2 5/7/2018 1:11 PM

Tender No :- 35724


Template Name :- 4.0 ANNEXURE B-II-(GCC/SUPPLY-1/R-4)

ANNEXURE B-II-(GCC/SUPPLY-1/R-4) FOR INDIGENOUS BIDDERS

1.0 Format for submission of Compliance to the Conditions of Contract contained inSection-B of the tender1.1 The tenderer shall note that any deviation to above mentioned terms and conditionsof our tender may lead to disqualification of their Bid.

1.2 The compliance/confirmation to the specific clauses may please be furnished as perthe format below:

Sr.No. Item / Description Bidder’sCompliance/Confirmation

I Acceptance of "Security Deposit" as per Clause No. 3.4.2 and “Performance Bond” asper Clause No.3.4.5 under GCC/SUPPLY-1/R-4.

II Acceptance of “Subletting / Assignment of Contract” as per Clause No.3.7 underGCC/SUPPLY-1/R-4.

III Acceptance of “Defect Liability” as per Clause No.6.4 under GCC/SUPPLY-1/R-4 andSCC

IV Acceptance of “Liquidated Damages” as per Clause No.6.2 under GCC/SUPPLY-1/R-4and SCC

V Acceptance of “Quality Surveillance, Inspection, Acceptance and Rejection” as perClause No.10 under GCC/SUPPLY-1/R-4.

VI Acceptance of “Terms of Payment” as per Clause No.5.6 under GCC/SUPPLY-1/R-4.andSCC

VII Acceptance of “Settlement of Dispute” as per Clause No. 14 under GCC/SUPPLY-1/R-4.

VIII Acceptance of “Confidentiality” as per Clause No. 1.10 under GCC/SUPPLY-1/R-4.

IX Compliance to the remaining clauses of GCC/SUPPLY-1/R-4 and SCC

TPT/Supply-1


1 of 1 3/19/2018 12:48 PM

Tender No :- 35724


Template Name :- 5.0 ANNEXURE-C-CHECKLIST

Sr.No.

Bidder please check your quotation for following items, fill in this Check List in Yes / No and submitalong with the bid. Yes/NO Remarks

1 Have studied and understood the tender requirements clearly.

2 Are the supporting documents uploaded in e-bid?

3 Are there deviations from tender specifications (If yes, these should be clearly listed out in aseparate annexure to this quotation. The Annexure number to be indicated in remarks column).

4 List of likely items / jobs proposed to be sub-contracted and extent of sub-contracting.

5.0 Information regarding manufacturer.

5.1 Proposed Manufacturing and shipment plan.

5.2 List of recommended spares .

6 Quality Surveillance shall be carried out by the Purchaser. The Manufacturer / Bidder agrees toquality surveillance as per Tender document.

7 Delivery schedule has been clearly indicated in the bid.

8 Validity date for the quotation has been clearly indicated in the bid.

9 Any specific point / detail Bidder desires to highlight. If yes, indicate in remarks column where thepoint / detail has been highlighted.

10 Price Bid has been submitted for various options as per tender document.

11 Submit time schedule for placement of purchase order on sub-contractors and completion ofprocurement process in Part-I bid, for approval of the Purchaser (as per GCC Clause No.9.1)


1 of 1 2/21/2018 11:10 AM

Tender No :- 35724


Template Name :- 6.0 ANNEXURE-'D' GENERAL INFORMATION

ANNEXURE- 'D' - GENERAL INFORMATION FOR INDIGENOUS BIDDERS

You are requested to furnish following details for our reference:

Sr.no Description Bidder'sResponse

1 Name of the Company

2 Address of the Company

33.1

Contact Person DetailsName of Contact Person

3.2 E-mail ID

3.3 Phone Nos. - Office

3.4 Fax Nos.

3.5 Phone Nos. - Mobile

44.1

MSE Details as per MSMED Act 2006 (If Applicable)Mention Category - Micro/Small Enterprise

4.2

MSE Sub Classification with respect to above category:(i) Enterprises owned by Scheduled Castes.(ii) Enterprises owned by Scheduled Tribes.(iii) Enterprise owned by other than above two categories.

4.3MSE Registration details with any of the agencies mentioned under Clause No. 12.5 of ITT. (Uploadrelevant documentary proof. If relevant documentary evidence is not submitted,Purchase Preference, ifany, as per Cl. No. 12.5 of ITT will not be applicable.)

4.4 Terminal validity date of MSE registration.

55.1

Registration Numbers:GSTIN Number

5.2 PAN Number

NOTES :

If not applicable fill as 'NA'


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Tender No :- 35724


Template Name :- 7.0 Annexure –E

Sr.No. Description Remark

1.0 Country of Origin of material

1.1 Level of USA made components in the equipment is below the de-minimis level as per the U.S. Law. Pleaseconfirm.

1.2 NPCIL do not agree for ‘End Use Verification’. Please confirm.

Note:

1. Biddder has to mention country of origin in remarks column for 1.0 above.

2. Bidders has to submit the response in Yes/No under the remarks column for 1.1 and 1.2 above


1 of 1 2/21/2018 11:12 AM

Tender No :- 35724


Template Name :- 8.0 ANNEXURE - F - Confirmation towards PreQualifying Criteria

Sr.No. Description Value inINR

Supporting DocumentsSubmitted (Yes/No)

1 Financial Turnover during year 2016-17



4 Value of Single Order completed during three years preceding from the lastdate of preceding month in which tender is issued.


1 of 1 3/19/2018 12:52 PM

Tender No :- 35724


Template Name :- 9.0 Annexure G-GST Details

Sr.No. DesriptionHSNCode/SACode

GSTRatein %

1

Supply of Lead Acid Stationary Battery Cells suitable for 360V DC battery bank, as per IS:1652, 2Volts, for Plante Type cells with Plante positive plates, pasted negative plates, dry and unchargedcondition without electrolyte, battery should have plastic encapsulated type terminal straps (at 10Hr. rate of discharge to an end voltage of 1.85V per cell at 27 degree C.) as per TechnicalSpecification, Section 'C' of tender document

2 Electrolyte including 10% extra in non-returnable Jerry cans, lids, vent plugs, separators, inter cellconnectors etc (stand excluded) as per Technical Specification, Section 'C' of tender document

3

Supply of Lead Acid Stationary Battery Cells suitable for 360V DC battery bank, as per IS:1652, 2Volts, for Plante Type cells with Plante positive plates, pasted negative plates, dry and unchargedcondition without electrolyte, battery should have plastic encapsulated type terminal straps (at 10Hr. rate of discharge to an end voltage of 1.85V per cell at 27 degree C.) as per TechnicalSpecification, Section 'C' of tender document

4 Seismic Testing Qualification charges as per Clause No.5.4.3 of Technical Specification, Section - Cattached with Tender Document.

5 Cost of Type Tests as per Clause No. 5.1 of Technical Specification,Section C of the tenderdocument included in E-I to be indicated here separately.

6Charges for Installation,Commissioning of battery bank, site acceptance testing & dismantling ofexisting battery bank excluding stand as per Technical specification, Section- C of the Tenderdocument.


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Tender No :- 35724


Template Name :- 10.0 Technical data sheet

Sr.No. Descripton OfferedSpecification

1 Manufacturer’s & name and address :

2 Type of battery/ cells offered :

3 Manufacturer’s type no./ designation :

4 Battery suitable for discharge :

4.1 High rate :

4.2 Medium rate :

4.3 Low rate :

5 AH Capacity of the battery at rated capacity discharge to standard and voltage and at 27°C as per

5.1 Initial capacity :

5.2 Rated capacity. :

5.3 End of life capacity. :

6 Battery bank voltage. :

7 Number of cells in series. :

8 Time period for which the specified load current can be Supplied by the battery offered to thespecified end voltage at 27°C.

8.1 Initial

8.1.1 Time in minutes

8.1.2 Current

8.1.3 End Voltage (Volts per Sales)

8.2 End of life (Corresponding to 5.3 above)

8.2.1 Time in minutes

8.2.2 Current

8.2.2 End Voltage (Volts per Sales)

9 Calculations for sizing of battery enclosed. : Yes / No

10 Correction factors considered while calculating the AH rating of cells.

10.1 Correction factor for ambient temp of 5°C :

10.2 Correction factor for end of life of the cells :


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10.3 Design margin :

10.4 Correction factor for float charging :

10.5 Correction factor for aging margin considered so that the Cells can meet the specified load (withtemperature correction) even at the end of guaranteed life.

10.6 Any other factor that needs to be considered for properly sizing the battery to meet the intent ofspecification?

11 Design calculation for arriving at AH rating of battery is enclosed?Yes/ No

12 Duration of discharge for new battery while subjected to loading as per duty cycle diagram & asper EOD voltage specified in Section C-10 in hrs:

13 Magnitude of current new cell is rated to discharge for 1hr/30mnts before reaching specified end ofdischarge voltage (EOD).

14 Short circuit current from battery at battery terminals:

14.1 Momentary short circuit current (A)

14.2 Steady state short circuit current (A)

14.3 Time constant: (Furnish the graph showing the S.C current vs. time)

15 Charging Requirements :

15.1 Float Charging :

15.2 Voltage (V) :

15.3 Current (A) :

15.4 Variation of float voltage with cell temperature. :

15.5 H2 liberation rate (m3/hr)/A per cell :

16 Equalising Charging :

16.1 Voltage (V) :

16.2 Current (A) :

16.3 H2 liberation rate (m3/hr)/A per cell :

16.4 Recommended Duration of equalising charge (hrs) :

16.5 Recommended interval at which equalising charging is required (months)

16.6 Current limit at which equalising charge should be carried out (A)

17 Boost Charging :

17.1 Recommended values for boost charging voltage & associated current limit in charger to ensurethat battery is fully charged in 8 hrs after the following types of discharges:

17.1.1 High rate of discharge at specified duty cycle

17.1.1.1 Voltage limit (V)

17.1.1.2 Current limit (A): Starting rate

17.1.1.3 Current limit (A): Finishing rate

17.1.2 C10 discharge (for lead acid batteries).

17.1.2.1 Voltage limit (V)

17.1.2.2 Current limit (A): Starting rate

17.1.2.3 Current limit (A): Finishing rate

17.2 H2 liberated (m3/hr)

17.3 Duration of boost charging (hrs) :


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18 Maximum Permissible steady state battery charger voltage variation

19 Maximum Permissible ripple voltage in Charger out put :

20 Maximum Permissible ripple current in charger output current

21Terminal voltage of the battery bank after considering voltage drops due to internal cell resistancesand inter cell and inter row connectors resistances at the end of following types of discharges at27°C (V)

21.1 Duty cycle discharge

21.2 C10 discharge for Lead Acid batteries.

22 Maximum current density at any part of the group bar at one minute rate.

23 Maximum current density of terminal pillar at one minute rate.

24 Heat liberated into the room during boost rate of charging :

25 Heat liberated into the room at specified high rate of discharge.

26 Overall weight of complete battery bank (kg) :

27 Whether the space provided for batteries is adequate keeping in to account space for maintenanceand cell replacement?

28 Distance between cell centers when erected (mm) :

29 Weight of battery bank with all cells, electrolyte, connectors,etc.

30 Volume and weight of electrolyte at 1.2 specific gravity and 27°C.

31 Racks

31.1 Dimensions of each rack (mm x mm x mm)

31.2 Weight of each rack (kg) :

31.3 Tender drawing showing layout of battery & all dimensions enclosed?Yes/No

31.4 Whether cells in racks are insulated from ground?Yes/No

31.5 Material of construction :

31.6 No. of tiers :

31.7 No. of cells per rack :

31.8 No. of racks in each bank: :

31.9 Whether the arrangement of cells in racks permits clear visual examination of all plates in a cell?

31.10 Whether battery banks along with the racks are qualified for the specified seismic duty? (If yes,type test report to be furnished along with the response spectra).

31.11 Material details, fixing arrangement to floor etc. :

32 Layout of the proposed battery overall dimensions. Row & tier arrangement tier and furnish length,width and depth.

33 Interval between topping up of cells with distilled water(months):

34 Whether the cells are dispatched without electrolyte and max. period of storage under thiscondition

35 Positive plate :

35.1 Type of construction :

35.2 Material composition :

35.3 Dimensions :

35.4 Number of plates /cell and AH capacity per Plate :


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35.5 Thickness of positive plates before forming (mm) :

35.6 Weight of positive plate before forming (kg) :

35.7 Maximum permissible batch-to-batch variation in the capacity of plates during the manufacture ofplates.

35.8 Sampling plan for capacity tests on plates :

36 Negative plate :


36.2 Dimensions :


36.4 Number of plates /cell :

36.5 Thickness of negative plates before forming (mm) :

36.6 Weight of negative plate before forming (kg) :

36.7 Maximum permissible batch-to-batch variation in the capacity of plates during the manufacture ofplates.

36.8 Sampling plan for capacity tests on plates :

37 Grid :



37.3 Weight :

38 Terminal Posts :


38.2 Thickness of lead coating (mm): :

38.3 Cross sectional area (maximum) :

38.4 Dimensional of inter row & inter tier connector. :

39 Inter cell Connectors :

39.1 Material :

39.2 Thickness of lead coating (mm) :

39.3 Cross section area (maximum) :

39.4 Resistance of the inter cell connector at 270C :

39.5 Whether connectors are designed considering high discharge currents?

39.6 Maximum temperature of connector or joints permissible during high rate of discharge.

39.7 Dimensional details of battery take off terminals. :

39.8 Dimensions of cell terminals. :

39.9 Material for the following connectors and reference standard for material.

39.9.1 Cell terminals. :

39.9.2 Inter cell connectors. :

39.9.3 Inter row connectors. :

39.9.4 Inter tier connectors. :

39.9.5 Battery take off terminals. :

39.10 Minimum guaranteed lead/nickel coating on :

39.10.1 Connectors :


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39.10.2 Terminals/Connectors :

39.10.3 Hardware :

40 Inter stand Connectors :

40.1 Conductor Material :

40.2 Insulation material :

40.3 Thickness of lead coating on connectors (mm) :

40.4 Cross section area (maximum) :

40.5 Resistance of the inter stand connector at 270C :

40.6 Whether connectors are designed considering high discharge currents?

40.7 Maximum temperature of connector or joints permissible during high rate of discharge.

41 Containers :

41.1 Material :

41.2 Whether transparent :Yes/No

41.3 Container lid

41.3.1 Material

41.3.2 Method of fixing to the container

41.4 Height of sediment space provided :

41.5 Applicable Standards :

41.6 Minimum clearances between container :

41.6.1 Positive plate and bottom. :

41.6.2 Positive plate and side. :

42 Separator :

42.1 Material :

42.2 Type of separators :

42.3 Amount of separator overlap provided :

42.4 Applicable standards :

42.5 Number of separators per cell :

42.6 Minimum separator overlap: :

42.6.1 Top :

42.6.2 Bottom :

42.6.3 Side :

43 Electrolyte :

43.1 Amount of electrolyte for first filling (litre) :

43.2 Amount of electrolyte per cell (litre) :

43.3 Applicable standard for electrolyte :

43.4 Height of electrolyte above the plates and below the min level indicated

44 Battery terminal voltage on sudden disconnection of float charger with load connected (V)

45 Recommended charging characteristics after high rate discharge so that battery can be completelyrecharge in 8 hours.

46 Recommended equalizing voltage, current and frequency. :


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47 Maximum permissible voltage regulation that battery can tolerate

48 Maximum permissible voltage and current ripple that battery can tolerate.

49 Life of battery :

50 Guaranteed life span of battery under site condition

50.1 27°C (yrs)

50.2 45°C (yrs)

51Guaranteed life of battery when operating under the specified ambient conditions and subjected totwo deep discharges in a year and few numbers of shallow discharges and maintained as permanufacturers recommendation

52 Life of battery in terms of no. of discharge and charge cycles as given below:

52.1 Discharge at C10 rate followed by boost charging

52.2 Discharge as per PURCHASER's duty cycle diagram followed by boost charging:

53 Recommended minimum no. of air changes to be provided in battery room:

54 Specific gravity of electrolyte at 27 deg.C. and with cell completely charged

55 Specific gravity of electrolyte at 27 deg.C. after duty cycle discharge

56 Specific gravity of electrolyte at 27 deg.C. after C10 discharge :

57 Specific gravity of electrolyte 27 deg.C. after 8 hr. of charging subsequent to a duty cycledischarge.

58 Specific gravity of electrolyte at 27 Deg.C. after 12 hrs. of charging subsequent to a C10 capacitydischarge.

59 Terminal voltage of the battery bank and cell after C10 discharge.

60 Terminal voltage of the battery bank and cell after high rate of discharge.

61 Whether all maintenance accessories as specified included in the scope? List of maintenanceaccessories considered is attached?

62 Recommended interval for periodic discharges and rate of recommended discharges.

63 Whether the batteries offered are suitable for continued float operation with periodic on-lineequalizing operation at recommended interval and C10 discharges only at once in a 2-year interval.

64 For lead acid batteries, state whether "ECO-mark" has been allotted by Bureau of Indian Standards(Yes / No):

65 Applicable standards for the type of cells offered. :

66Whether the tenderer has supplied similar equipment to any plant located in an area subjected tothe seismic events of the same magnitude or higher and equipment have performed satisfactorilyduring such events.

67 Whether the tenderer has carried out seismic tests on similar equipment to prove their seismicwithstand capability.

68 Whether the tenderer has carried out seismic analysis to determine seismic withstand capability.

69 Average Mean Time Between Failures (MTBF) :

70 Average Mean Time To Repair (MTTR) :

71Curves showing relation between capacity factors, discharge rate and end of discharge voltageenclosed to facilitate selection of cell sizeYes/No

72 Internal resistance of cell. :

72.1 Resistance of inter-cell connector :

72.2 Dimensions of inter-cell connector. :

72.3 Resistance of inter row/inter tier :


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72.4 Connector. :

73 Ampere hour efficiency of the battery :

74 Watt-hour efficiency of the battery :

75Whether the bidder has the necessary facilities to carry out endurance tests. If yes furnish detailsof existing facilities.Yes/No

76 Cell number plates providedYes/No

77 Battery bank name plate providedYes/No

78 Electrolyte level indicator provided cell( Yes / No ) for each

79 Are the vent plugs splash proof( Yes / No)

80 Type of inter-cell connections. :

81 Type of inter-tier connections.( Rigid / flexible )

82 Type of inter-row connections.( Rigid / flexible )

83 Whether cells are sealed type :( Yes / No)

84 Method of sealing the cells and sealing compound details.

85 What provisions are made for specific gravity measurement of cells

86 What provisions are made to know the Condition of cell during operation.

87 Insulating covers for inter-cell, inter-tier, inter-row and take off terminals provided( Yes / No)

88 Material for insulated covers. :

89 Characteristic Curves ( Provided / Not provided)

89.1 Terminal voltage vs. time for different rates of discharge. :

89.2 Terminal voltage vs. time for specified methods of charging

89.3 Specific gravity of electrolytes vs. time for different rates of discharge

89.4 Specific gravity of electrolyte vs. time for specified methods of charging

89.5 Ampere hour capacity vs. life in years of operation. :

89.6 Battery life vs. temperature of ambient :

90 Capacity factor for various rates of discharge for various end of discharge voltages.

91 Catalogues and technical literature on the equipment offered are enclosed( Yes / No)

92 Proposed QA plan enclosed( Yes / No)

93 Delivery Schedule. (Schedule of weeks after placement of order)

94 Submission of drawings, QC plan, test procedure. :

95 Time allowed for approval by purchaser. :

96 Schedule for completion of 1st lot for selection of sample for type test and qualification tests.

97 Schedule for completion of type tests. :

98 Schedule for completion of acceptance. :


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99 Schedule for manufacture, inspection, testing & delivery at site of all batteries.

100 Time required for erection of each battery bank, filling electrolyte and keeping ready forcommissioning.

101 Time required for conducting site acceptance tests. :

102 . What should be the frequency of battery equalize charging :

103 What should be the Mode of charge equalizing (Constant Voltage/ Constant Voltage Mode)

104 Proof of ability :

104.1 The bidder shall submit the list of batteries supplied toother customer for similar application and tosimilar standards and tolerances.

104.2 Deviations from specification :

104.3 Bidders shall clearly bring out the deviation from the technical conditions specified in thespecification.


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TPT/SUPPLY-1

SECTION – E

(FORMAT FOR SUBMISSION OF THE PRICE BID OF THE TENDER)

TPT/SUPPLY-1

SECTION – E CONSISTS OF THE FOLLOWING SUBSECTIONS

TENDER FORM NOTES FORMAT FOR SUBMISSION OF PRICE BID OF

THE TENDER

Tender No :- 35724


Template Name :- TENDER FORM - PART II (PRICE BID)

FORMAT FOR SUBMISSION OF PART - II BID

TENDER FORM: PART - II (PRICE BID)

Description Remarks

Tenderer's Bid No. (Bidders Reference No.)

Dated

1. In response to your invitation to the tender and as per you tendering conditions, the price and quantity scheduleof items applicable for the scope of supply (and other commercial terms and conditions) contained in Part-I(Technical and commercial bid except price) are indicated in the format as Annexure to this tender form.

2. We hereby agree to keep the price and other commercial terms and conditions valid for your acceptance for aperiod of 120 (one hundred and twenty) days from the date of actual opening of Part-II (price bid) of the tender.

NOTE :

Instructions for filling above Declaration:

a) Bidder's reference number to be indicated against " Tenderer's Bid No.

b) Confirmation to be provided against Sr. NO. 1&2 above.

https://npcil.etenders.in/EN-ZXhjZWx3b3Jrcy90ZW5kZXJfdXBsb2Fk...

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TPT/SUPPLY-1 Page 1 of 1

SECTION – E - Notes


1. Bidder shall quote for supply of all main items along with its Testing, Dismantling, Erection, Installation and Commissioning of main items. In case bidder have quoted for some of the main item and not quoted for Erection, Installation & Commissioning of main item or Dismantling etc. such bids shall summarily be rejected & no correspondence in this respect shall be entertained. Purchaser’s decision in this respect shall remain final and binding. Further bidders are required to quote for main item (i.e. Item No. 1.0 of Section-E-I) along with Section-E-II, Section-E-III, Section-E-IV. In case the supply of main item as per Section – E- I is quoted but Section-E-II, Section-E-III, Section-E-IV are not quoted bid for such item will not be considered, and vice versa.

2. Schedules / Bill of Quantities are to be read for the purpose of pricing in conjunction with the General Conditions of Contract, Special Conditions of Contract, Technical Specifications and Drawings, Special Instructions to the Tenderer, etc. as contained in the Tender Document. Prices are to be quoted in accordance with GCC Clause no. 5 (contract price and payment) and corresponding SCC.

3. The bidders are required to take note of the testing requirements of the items being quoted under this tender as per clause no. 10 of “Invitation to Tender and Tendering Conditions” and “Technical Specification” – Section – ‘C’ of Tender Document.

4. Price Bid evaluation shall be based on Total price as per “Landed Price” as per

Clause No. 15.0. of ITT and Bid evaluation will be done on basis of total sum of landed price of Section-E-I ,Section-E-II, Section-E-III & Section-E-IV.

5. Imported raw materials / components, required for indigenous manufacture of

items covered in this tender, will attract concessional customs duty as applicable as per sr. no. 414 of custom notification No. 50/2017 dated 30th June 2017. Necessary recommendatory letter will be provided by the Purchaser, however the bidder shall be responsible for timely submitting request for issue of the recommendatory letter well in advance. In view of this, the bidder shall submit their price bid based on this assumption. Further, the bidder shall avail Input tax Credit against IGST component of imported raw materials meant for manufacture of indigenous item and pass on the benefits to NPCIL.

-----x-----x-----

Tender No :- 35724


Template Name :- SECTION - E - I - Price Format for Supply of BatteryBanks.

SECTION - E - I

CMM/OPS/58-50-09-3164

Price Format for Supply of Battery Banks.

(For KAIGA - 3&4 )

Sr.No.C0

Item DescriptionC1

QuantityC2

UnitsC3

Unit All Inclusive Prices in INR i.eFOR Purchaser's Site PriceincludingPacking,Forwarding,Transportationand Transit Insurance Charges andincluding GST and all other indirectTaxes(C4)

Total All Inclusive Prices in INR i.eFOR Purchaser's Site PriceincludingPacking,Forwarding,Transportationand Transit Insurance Charges andincluding GST and all other indirectTaxes(C5=C2*C4)

GST Rateincluded inC4 inPercentage(C6)

1

Supply of LeadAcid StationaryBattery Cellssuitable for 360VDC battery bank,as per IS:1652,2 Volts, forPlante Type cellswith Plantepositive plates,pasted negativeplates, dry andunchargedcondition withoutelectrolyte,battery shouldhave plasticencapsulatedtype terminalstraps (at 10 Hr.rate of dischargeto an end voltageof 1.85V per cellat 27 degree C.)as per TechnicalSpecification 'C'

2 SET


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2

Electrolyteincluding 10%extra innon-returnableJerry cans, lids,vent plugs,separators, intercell connectorsetc (standexcluded) as perTechnicalSpecification 'C'

2 Set

1.0 INR - Indian Rupees

2.0 Bidder shall take note of SECTION - E - NOTES while quoting

3.0 1 Set consists of 180 nos. of Battery cells.

4.0 Place of Delivery :- Kaiga Atomic Power Station-3&4, NPCILP.O.Kaiga, Via : Karwar, Dist.: Uttar Kannada, Karnataka - 581400303.

5.0 Provisional GSTIN:KAIGA-KARNATAKA -29AAACN3154F1ZM


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Tender No :- 35724


Template Name :- SECTION - E - II - Price Format for Seismic TestingQualification and Type testing of Battery Banks

SECTION - E - II

CMM/OPS/58-50-09-3164

Price Format for Seismic Qualification along with Type Test of Battery Banks.

(For KAIGA 3&4)

Sr.No.C0

Item DescriptionC1

QuantityC2

UnitsC3

Total Charges in INR(Including GST and allother Indirect Taxes).C4

GST rate in %included inC4.C5

1Seismic Testing Qualification charges as per ClauseNo.5.4.3 of Technical Specification, Section - C attachedwith Tender Document.

1 Lot

2Cost of Type Tests as per Clause No. 5.1 of TechnicalSpecification,Section C of the tender document included inE-I to be indicated here separately.

1 Lot

NOTES :

1.0 Bidder shall take note of SECTION - E - NOTES while quoting.

2.0 Place of Delivery :- Kaiga Atomic Power Station-3&4, NPCIL , POKaiga, Via Karwar, Dist Uttar Kannada, Karnataka , Pin - 323 303.

3.0 Provisional GSTIN: KAIGA - KARNATAKA - 29AAACN3154F1ZM


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Tender No :- 35724


Template Name :- Section - E - III - Price Format for installation,commissioning of battery bank, site acceptance testing & dismantling ofexisting battery bank excluding stand

SECTION - E - III

CMM/OPS/58-50-09-3164

Price Format for installation,commissioning of battery bank, site acceptancetesting & dismantling of existing battery bank excluding stand

(For KAIGA 3&4)

Sr.No.C0

Item DescriptionC1

QuantityC2

UnitsC3

Unit Rate inINR (IncludingGST and allother IndirectTaxes).C4

Total Charges inINR (Including GSTand all otherIndirect Taxes).C5=C2*C4

GST ratein %includedin C4.C5

1

Charges for Installation,Commissioning of batterybank, site acceptance testing & dismantling of existingbattery bank excluding stand as per Technicalspecification, Section- C of the Tender document.

02 Set

NOTES :


2.0 Slight modification or repairing work in the existing battery stand will bein the scope of contractor


4.0 Place of Delivery :- Kaiga Atomic Power Station-3&4, NPCIL ,P.O.Kaiga, Via Karwar, Dist. Uttar Kannada, Karnataka - 581 400.

6.0 Provisional GSTIN:KAIGA-KARNATAKA - 29AAACN3154F1ZM


1 of 1 3/19/2018 1:00 PM

Tender No :- 35724


Template Name :- SECTION - E - IV - Price Format for Supply of SpareBattery cells

SECTION - E - IV

CMM/OPS/58-50-09-3164

Price Format for Supply of Spare Battery Cells.

(For KAIGA - 3&4 )

Sr.No.C0

Item DescriptionC1

QuantityC2

UnitsC3

Unit All Inclusive Prices in INR i.eFOR Purchaser's Site PriceincludingPacking,Forwarding,Transportationand Transit Insurance Charges andincluding GST and all other indirectTaxes(C4)

Total All Inclusive Prices in INR i.eFOR Purchaser's Site PriceincludingPacking,Forwarding,Transportationand Transit Insurance Charges andincluding GST and all other indirectTaxes(C5=C2*C4)

GST Rateincluded inC4 inPercentage(C6)

1

Supply of LeadAcid StationarySpare BatteryCells suitable for360V DC batterybank, as perIS:1652, 2Volts, for PlanteType cells withPlante positiveplates, pastednegative plates,dry andunchargedconditionwithoutelectrolyte,battery shouldhave plasticencapsulatedtype terminalstraps (at 10 Hr.rate ofdischarge to anend voltage of1.85V per cell at

40 Nos.


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27 degree C.) asper TechnicalSpecification 'C'


2.0 Bidder shall take note of SECTION - E - NOTES while quoting

3.0 Place of Delivery :- Kaiga Atomic Power Station-3&4, NPCILP.O.Kaiga, Via : Karwar, Dist.: Uttar Kannada, Karnataka - 581400303.

4.0 Provisional GSTIN:KAIGA-KARNATAKA -29AAACN3154F1ZM


2 of 2 3/21/2018 11:37 AM

Tender No :- 35724


Template Name :- SECTION - E -V - Price Format for Buy Back of PowerBatteries

SECTION - E - V

CMM/OPS/58-50-9-3164

Price Format for Buy Back of power batteries model No.YHP1605N/A

(For KAIGA 3&4)

Sr.No.C0

Item DescriptionC1

QuantityC2

UnitsC3

Unit Rate for Buy Back of ExistingBattery Banks with Electrolyteexcluding GST in INR.C4

Total Charges for Buy Back ofExisting Battery Banks withElectrolyte excluding GST in INR.C5=C2*C4

IBuy Back of powerbatteries modelNo.YHP1605N/A

400 Nos.

NOTES :


2.0 Amount quoted above along with taxes and duties for the buyback of thebatteries shall be recovered from the invoices of 10% balance payment of supplyand Installation and commissioning of Battery Banks.

3.0 Place of Delivery :- Kaiga Atomic Power Station-3&4, NPCIL, P.O.Kaiga, Via: Karwar, Dist : Uttar Kannada, Karnataka - 581400.

4.0 Provisional GSTIN: KAIGA-KARNATAKA -29AAACN3154F1ZM


1 of 1 3/23/2018 12:58 PM

Tender No :- 35724


Template Name :- SECTION - E - VI - Concessional Custom Duty Format

SECTION - E - VI - CONCESSIONAL CUSTOM DUTY FORMAT

1.0 - Imported raw materials meant for manufacturing of indigenous supply for thistender will attract concessional Custom Duty as per Sr.No. 414 of custom notificationno.50/2017 dated 30th June 2017. Necessary Recommendatory Letter will be providedby the Purchaser. In view of this, the bidder shall submit their price bid based on thisassumption. Further, the bidder shall avail Input Tax Credit against IGST component ofImported raw materials meant for manufacturing of Indigenous supply and pass on thebenefits to NPCIL.

Description Value in figures in Rupees,if applicable

Limiting CIF Value (in Figures) of Imported raw materials in rupees meant for manufacturing ofIndigenous Supply in Column 'C5' of SECTION - E - I.


1 of 1 3/21/2018 11:34 AM