BID SPECIFICATION FOR THIRD PARTY INSPECTION AGENCY OF …€¦ · Web viewAugmentation of...

BID SPECIFICATION

FOR

THE APPOINTMENT OF PROJECT MANAGEMENT CONSULTANT FOR PROJECT

MONITORING AND SUPERVISION OF QUALITY OF WORKS DURING CONSTRUCTION FOR THE PROJECT SANCTION

UNDER

RAJIV GANDHI GRAMEEN VIDYUTIKARAN YOJNA 12 TH PLAN IN DAKSHINANCHAL VIDYUT VITRAN NIGAM LTD.

AGAINST

TENDER SPECIFICATION DVVNL-MM/1165-2013

Office of the Managing Director

Dakshinanchal Vidyut Vitran Nigam Ltd.,Urja Bhawan, 220 KV Sub-Station, Bye Pass Road,

Sikandra, Agra-282 007Ph. # 0562-2605699 Fax # 2605465, 2603736 (MM)

CONTENTS

SL. NO.

SECTION NO. PARTICULARS PAGE

1 A DETAILS OF PROJECTS FOR WHICH PMC TO BE APPOINTED 2

2 B INSTRUCTION TO TENDERER 3-93 C IMPORTANT INFORMATION’S 10

4 D SCOPE OF SERVICES TO BE PROVIDED BY PMC 11-15

5 E IDENTIFIED MODULES UNDER SCOPE OF WORK AND THEIR DETAILS 16-17

6 F GENERAL CONDITIONS OF CONTRACT 18-307 G SPECIAL CONDITIONS OF CONTRACT 31-328 H BIDDER RESPONSE FORMS 33-389 I PRICE SCHEDULE (P1) 3910 J DETAILS OF INDIAN ELECTRICITY RULES 40-4911 K ANNEXURE 50-54

Tender Spec. No. DVVNL-MM/1065-2013

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(A) DETAILS OF THE PROJECTS

Dakshincanchal Vidyut Vitran Nigam Limited (DVVNL), Agra is implementing RGGVY, 12 th Plan Scheme in various districts of Uttar Pradesh.The details of the projects sanctioned under Rajeev Gandhi Gramin Vidyutikaran Yojana 12th Plan Scheme in DVVNL for electrification of Villages/ habitations in various districts are as below:

S.No. Name of Distt. Total no. of Block

No. of Villages/Habitation Covered in this Scheme.

Proposed no. of BPL consumers

Proposed no. of APL consumers

1 2 3 4 5 61 Agra 15 2475 48553 1332042 Aligarh 12 1967 49002 1591823 Mathura 10 1539 50139 792494 Hathras 7 1285 52280 749855 Mainpuri 9 2094 49652 1049086 Firozabad 9 1943 59684 1183977 Etah 8 1524 52275 414448 Kasganj 7 1387 27926 791609 Etawah 8 2171 30885 6245210 Aurriaya 7 1750 49303 10825311 Farrukhabad 7 1914 52683 5174612 Kannauj 7 1338 36909 7355813 Kanpur Nagar 10 1798 44194 11572214 Kanpur Dehat 10 2061 71996 14928515 Jhansi 8 798 29790 5675116 Lalitpur 6 1079 33556 6392917 Jalaun 9 1018 47491 6593518 Hamirpur 7 578 30461 3358019 Mahoba 4 458 17260 2658520 Banda 8 1800 68306 5816221 Chitrakoot 5 1791 25587 49125

Total of DVVNL 173 32768 927932 1705612

Following are the tentative details of the works to be carried out on turnkey basis along with supply of material.

S.No.

Proposed Item of Work Unit Total Quantity

1. Total Power Transformers Capacity Building MVA 11112. New 33 KV. S/s. Proposed Nos. 74

MVA 4103. Augmentation in existing 33 Kv. S/s. MVA 7014. New 33 KV. Line Proposed Kms. 1119.55. New 11 KV. Feeder Proposed Kms. 3626.16. Total DT Capacity Proposed KVA. 1642.237i. 16 KVA Nos. 30787ii. 25 KVA Nos. 40404iii. 63 KVA Nos. 22157. New 11 KV. Line Proposed Kms. 24790.8478. New LT Linesi. ABC Kms. 23505.08ii. Bare Kms. 0

As project implementing agency (PIA), DVVNL intends to appoint Project Management Consultant (PMC) for project monitoring and supervision of quality of works during construction for the above projects under Rajeev Gandhi Gramin Vidyutikaran Yojana 12th Plan.


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(B) INSTRUCTIONS TO TENDERERS

1.1 PREPARATION OF TENDER 1.1.1 Before submission of the tender, the Tenderers are required to make themselves fully

conversant with the scope of the services to be provided, technical specifications & construction standards of REC, instruction to Tenderers, Indian Electricity Rule (IER) and General Conditions of Contract of Form ‘A’, as may be applicable so that no ambiguity arises at a later date in respect.

1.1.1 Any inconsistence or ambiguity in the offers made by Tenderer shall be interpreted to the maximum advantage of DVVNL and disadvantage to the Tenderer. The Tenderer shall have no right to question the interpretation to the Purchaser in all such cases and the same shall be binding on the tenderer.

1.1.2 The tenderer should be prepared and submitted strictly in accordance with the instruction contained in these specifications. The tender shall be complete in all respect. Tender must be submitted in the manner specified on the attached prescribed Schedule and/or copies thereof. To complete the proposal, the Tenderer must fill in the tender form, Declaration, all Schedules & datasheet, annexed with the specification, item in accordance with the instructions and notes supplementary thereto. The interpolations, insertions, cutting & corrections made in the tender offers should be duly initialed by the tenderer.

1.1.3 The Tenderers are notified that in case the required information are not furnished in the specified proforma/schedules attached with the specification, the Purchaser shall not be responsible for any error in the evaluations of their tender on this account. Further, the failure to comply with this requirement may result in the rejection of the tender at the discretion of the Purchaser.

1.1.4 Purchaser may revise or amend these specifications. prior to the date notified for opening of tenders. Such revision/amendment, if any, will be communicated to all prospective tenderers as amendment/addendum to the specification maintaining reasonable time schedule for preparation of tender by the Tenderers.

1.1.5 Any portion of the terms and conditions as laid down in these specification which are not clear to the Tenderer should be got clarified from the Purchaser before submission of the tender so that no ambiguity/confusion arises at a later date in this respect.

1.1.6 The tender sent by post must be posted by registered Post with AD sufficiently in advance so as to reach the Purchaser by the scheduled date and time submission of tender. Any tender received after the date and time of submission even on account of Postal delay shall not be opened. The tenderers are, therefore, requested to ensure in their own interest that the tenders are delivered in time. Tender submitted by Telegram/Telex/Fax/Email etc. shall not be accepted under any circumstances.

1.1.7 Tenderer, if so desire, may authorize one representative for attending tender opening on his behalf. In such instance, the representative shall be required to submit the authorization certificate with his signature duly attested by the person signing tender on behalf of the Tenderer. This certificate shall be submitted to the authority opening the tender. In absence of such certificate, no representative shall be allowed to participate in tender opening.


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1.2 PRE-QUALIFYING CONDITIONS 1.2.1 The bidder should be a CPSU/Govt. undertaking having experience for the similar work in

distribution power projects.

1.2.2 DATE OF CONSIDERATIONThe above cited experience and manufactured quantities shall be counted as on the date of opening of the tender.All statements and claims should be duly supported by authenticated copies of documents without which the tender is liable to be rejected summarily.

1.3. CONFLICT OF INTERESTThe Consultant and any of its affiliates members hired to provide services for the proposed assignment in the utility, will not be eligible to work as any of the empanelled implementation agencies/ consultants in the utility i.e. the Consultant and affiliates cannot

Directly or through its consortium partners bid as Implementation agency for the work of developer of RGGVY 12th Plan Projects, in the utility for which they are the Consultants

Get associated as Consultant / Advisor/ Implementation Agency or in any other capacity with any of the agencies taking part in the bid process of the concerned Utility during the implementation of the RGGVY 12th Plan Projects.

The Utility considers a conflict of interest to be a situation in which a party has interests that could improperly influence that party’s performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a prohibited corrupt practice. This may include but not limited to circumstances leading to:-

(a) Conflict between consulting activities and procurement of goods, works or services (other than consulting services as Consultant under RGGVY 12th Plan Projects.)

(b) A firm that has been engaged by the Utility to provide goods, works, or services (other than consulting services as consultant under RGGVY 12th Plan Projects.)

(c) for a project, and each of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and each of its affiliates, shall be disqualified from subsequently providing goods, works or services (other than consulting services as consultant under RGGVY 12th Plan Projects.)

(d) resulting from or directly related to the firm’s consulting services for such preparation or implementation.

(e) Conflict among consulting assignments: Neither consultants (including their personnel and sub-consultants) nor any of their affiliates shall be hired for any assignment that, by its nature, may be in conflict with another assignment of the consultants.

(f) Relationship with Utility’s staff: Consultants (including their personnel and sub-consultants) that have a business or family relationship with a member of the Utility’s staff (or of the project implementing agency’s staff ) who are directly or indirectly involved in any part of: (i) the preparation of the TOR of the contract, (ii) the selection process for such contract, or (iii) supervision of such contract may not be awarded a contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the REC throughout the selection process and the execution of the Contract


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Consultant for a Utility cannot participate in the bidding process of Implementing agency by the same Utility. An Consultant and Implementation agency may be considered to be in a conflict of interest with one or more parties in this process if they have controlling shareholders in common. Participation by Bidder(s) with a conflict of interest situation will result in the disqualification for both.

1.5 CONFIDENTIALITYThe Consultant and the personnel of any of them shall not either during the term or within two (2) years after the expiration of this contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Owner’s business or operations without theprior written consent of the owner. Utility will ensure confidentiality of the bids submitted.

1.6 E-MAIL ADDRESSThe bidder will have to quote e-mail address of the firm alongwith name and mobile no. of the key person. Any correspondence done after opening the bid through e-mail will be valid.

1.7 CURRICULUM VITAEThe bidder will enclose nos. CV’s of the key persons as per format F-6 having experience of the work as mentioned in Section-D (Scope of Services to be proved by PMC). The bidder will have to depute their persons, if the work is awarded to them. In special circumstances, if the person, whom CV has been presented leave the job, the person with similar experience and suitability will have to be engaged after proper approval of the Dakshinanchal Vidyut Vitran Nigam Ltd.

1.8 SUBMISSION OF TENDER

1.8.1 The Tenderer shall submit his tender in triplicate in two separate parts. Each part shall be kept in double covers, inner ones being sealed. All envelops must also show on the outside the name of bidder and his address.

i) TENDER BID PART-I

This part shall contain the earnest money and a confirmation of validity of offer for 180 days. This part shall also contain Technical & Commercial particulars and other Terms & Conditions except prices. The cover of this part shall be super-scribed Tender Bid Part-I (Earnest Money, Validity, Technical & Commercial Bid) against Specification No. DVVNL-MM/ -2013.

ii) TENDER BID PART-II

This part shall contain prices and financial incidence of deviations only and the cover shall be super-scribed “Tender Bid Part-II (Price Bid)” against specification No. DVVNL-MM/ -2013. The envelopes of both the parts shall be kept in another envelope which shall also be sealed and super-scribed on Top as under:

“Tender for …………………………………………… against Specification No.-DVVNL-MM/ -2013 due for opening on ……………

iii) In case tenders are not submitted in Separate parts and super-scribed as above, the same may not be considered.


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1.8.2 TENDER BID PART-I (Earnest Money, Validity, Technical & other terms):

1.8.2.1 Tenderer is required to deposit earnest money as specified in the tender notice for full tendered quantity. Earnest money of inadequate value shall not be accepted. In case any Tenderer deposits earnest money of a lesser amount, his offer shall not be considered. There shall be no exemption from earnest money, even if the tenderer is registered with DGS&D, Store Purchase Section of UP or UP Small Scale Industries. The earnest money shall be accepted in any of the following forms only.

a) Demand Draft of any schedule bank payable at Agra, or FDR or CDR pledged/drawn in favour of Executive Engineer (Admin.), DVVNL, Agra, payable at Agra.

Or

b) Bank Guarantee from a schedule Bank in India, executed in favour of S.E. (MM), DVVNL, Agra on a non-judicial stamp, paper of requisite value (at present Rs. 100/- as per U.P. Stamps Act STRICTLY on the specified proforma appended (only applicable when amount of earnest money exceeds Rs. 5000/-). The validity of the Bank Guarantee would not be less than 270 days form the date of tender opening proforma of a Bank Guarantee plus claim period of 6 months. Any deviation or addition/deletion from the text of the specified proforma of a Bank Guarantee/inadequate Value of stamp paper shall render the Bank Guarantee invalid for the purpose of opening of tender Bid Part-II.

1.8.2.2 Offers without proper earnest money and/or a letter confirming the validity for 90 days shall not be considered under any circumstances. The earnest money shall be refunded after award is finalized. The earnest money of successful tenderer shall however be retained till such time he deposits security.

1.8.2.3 Beside Earnest Money & Validity offer, this Bid shall also contain all Technical, Commercial and other terms and conditions. The following documents duly filled in, must also accompany the Tender Bid Part-I.

1. Tender Form

2. Certificate as to Corporate principal

3. Project Experience and Performance Certificate

4. Company Information

5. Deviations/ No Deviations Confirmation, Comments & Suggestions

Note: No price is to be indicated in any form in any of the above schedules for any item in Tender Bid Part-I whatsoever.

1.8.3 TENDER BID PART-II (Prices)

The following documents, duly filed in, must be submitted in Part-II Bid:

Schedule – P1: Summary Bid Price Schedule (enclosed)

1.8.4 Procedure for opening and processing of Tenders


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Part – I: ‘Earnest Money’, Validity & ‘Technical/Commercial pre-qualifying conditions of the offer shall be publicly opened first on the due date as specified/notified. Part-I of the tenders accompanied with the required earnest money & validity shall be scrutinized and processed in this office to ensure whether the same are conforming to the technical requirements of the specification.. Tenderers are specifically requested to ensure that price details should be sent in separate sealed cover in the same envelope containing technical details otherwise such tenders are liable to be summarily rejected without assigning any reason. After the Scrutiny of technical and commercial terms and conditions, the date of opening of the price part shall be intimated later on.

1.8.5 Any action on the part of the Tenderers to revise the price/prices and/or change the structure of price(s) at his own instance after the opening of the tender may result in rejection of the tender and/or debarring the Tenderer from participation in purchase by the DVVNL one year in the first instance. In such cases, earnest money submitted in Part-I shall also be forfeited.

1.8.6 Tenderer shall ensure to put initials on each and every page of the tender. Last page of each document forming part of the tender shall bear full signature under official seal fully disclosing the name, designation and relationship with the firm to the signatory. Tenderer shall ensure to furnish the following information.

i) Postal addressed of the firms works, Regd. and Head offices, Sales office and Local office etc.

ii) Names and postal address of their authorized local representative/Liason officers.

1.9 VALIDITY

The tenders shall be valid for a period of 90 Calendar days from the date of opening. Tenders with lesser validity are liable to be rejected.

1.10 PRICE & PRICE STRUCTURE

1.10.1 The bidder shall quote prices on firm price basis and no price adjustment, whatsoever, on account of variation applicability of taxes/duties or any other reasons shall be applicable during the execution of the contract. Any deviation in this regard shall not be acceptable by the Owner.

1.10.2 TAXES & DUTIES

1.10.2.1 The Bidder shall quote the total price for PMC inclusive of all taxes & duties. The owner will not be required to pay or reimburse any thing over and above the price quoted except service tax which will be payable as per the rate prevailing at the time of payment.

1.10.2.2 As regards the Income Tax, surcharge on Income Tax etc. if applicable and other corporate taxes, the Bidder shall be responsible for such payment to the concerned authorities.

1.10.3 PRICE The tenderers are required to quote firm price only. All prices components shall remain firm during the execution of the contract.

1.11 EVALUATION OF TENDER:

1.11.1 The bid shall be evaluated on the basis of the lumsum price quoted for the complete scope of work covered in the package.


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1.11.2 Any rebate/discount Linked with quantity, terms of payment, any other conditions shall not be considered for the purpose of evaluation and comparison of such offer vis-à-vis others. However, the same may be availed while placing orders with such successful Tenderers. Where slab rates are quoted, each slab will be treated as separate offer.

1.11.3 The price shall be compared inclusive of Service Tax.

1.11.4 Loading on account as may be deemed necessary in the opinion of the purchaser to bring the various offers at par each for comparison purpose may be done at the discretion of the purchaser.

1.11.5SPLITTING OF ORDER

The Purchaser reserves the right to split the order among various successful tenders in any manner he chose without assigning any reasons whatsoever.

1.11.6AWARD OF CONTRACT

1.11.7The purchaser is not bound to accept the lowest or any tender and may reject any or all the tenders without assigning reason.

1.11.8 The successful Tenderer, if required to do so, may have to enter into a contract agreement with the Purchaser as per General Conditions of Contract and other Conditions attached with the tender specification.

1.11.9 For signing the contract a duly authorized representative of the successful Tenderer shall be intent, failing which it shall be considered that he is not interested in accepting the offer and actions as deemed fit shall be taken by purchaser without making any further correspondence with successful Tenderer.

1.12 INCOME AND SALES TAX CLEARANCE CERTIFICATE

The Tenderer shall furnish with the tender, Income Tax, and Sales Tax clearance certificate to current as well of the preceding year form the competent authority. Alternatively, Tenderer shall give valid reasons for his inability to finish such a certificate.

The Purchaser reserves the rights to reject any tender if income tax/sales tax clearance certificates are not furnished or the reasons for the Tenderer’s inability to furnish such certificates are not given in the tender.

1.13 LOCAL CONDITIONS

1.13.1 It will be imperative on each Bidder to fully inform himself of all local conditions and factors which may have any effect on the execution of the Contract covered under these documents and specifications. The owner shall not entertain any request for clarifications from the bidders, regarding such local conditions.

1.14 It must be understood and agreed that such factors have properly been investigated and while submitting the proposals. No claim for financial adjustment to the Contract awarded under these specifications and documents will be entertained by the Owner.

1.15 BASIS OF EVALUATION

Bids shall be evaluated on the basis of the prices quoted by the bidders for such tentative quantity indicated in the technical specification. During the execution of the contract, the contractor shall be paid based on the unit rates quoted for the actual quantity executed as per the finalized bill of quantities.


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1.15.1 PRELIMINARY EXAMINATION & CORRECTION OF ARITHMETICAL ERRORS OF BIDS

1.15.2 The owner will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required Earnest Money have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.

Arithmetical errors will be rectified on the following basis: If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and total price shall be corrected. If there is a discrepancy between words and figures, the amount in words will prevail. If the Bidder does not accept the correction of the errors as above, his Bid will be rejected and the amount of Earnest Money forfeited.

1.16 AWARD CRITERIA

1.16.1 The Owner will award the Contract to the successful Bidder whose bid has been determined to be substantially responsive and has been determined as the lowest evaluated bid, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. The Owner shall be the sole judge in this regard.

1.16.2 The Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders of the grounds for the Owner’s action.

1.16.3 CONTRACT PERFORMANCE SECURITY

1.16.4 Within twenty-eight (28) days of the receipt of notification of award from the purchaser, the successful Bidder shall furnish the Contract Performance Security, in the form of bank guarantee from a Public Sector Indian Bank/Corporate Guarantee, in the specified format in favour of the Owner. The guarantee amount shall be equal to ten percent (10%) of the total Contract price and it shall guarantee the faithful performance of the Contract in accordance with the terms and conditions specified in these documents and specifications. The guarantee shall be valid till the end of completion period plus six months thereafter.

1.16.5 Upon submission of the Contract Performance Security by the Contractor and its acceptance by the Owner, the earnest money deposit of the Contractor shall be released to him.

1.16.6 The performance Security will be returned to the contractor without any interest at the end of completion of contract/warranty period and after obtaining no dues certificate from the concerned authorities.

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(C) IMPORTANT INFORMATIONS

S. No. PARTICULARS INFORMATION

1.1 The name of the assignment is : Appointment of PMC for Project Monitoring and supervision of Quality of works during construction under RGGVY 12th Plan in Dakshinanchal Vidyut Vitran Nigam Ltd in districts as maintained in section-A (Details of Projects)

1.2 Eligibility Criteria CPSU's having experience of similar work in Distribution of Power Projects under RGGVY.

1.3 The owner will provide the following inputs:

Sanctioned DPR's along with the list of the villages/majras

1.4 The address for submission of Bids: Superintending Engineer (M.M)Urja Bhawan, 220 kV S/s,Bye Pass Road Sikandra, AgraPh. No.: 9412748077; Fax No.: 0562-2603736E-mail: [email protected]: http://www.dvvnl.org

1.5 Bid Security/Earnest Money Deposit (EMD)

Earnest money Deposit of Rs. 10.00 Lac shall have to be submitted in the form of Bank Guarantee/FDR from any scheduled bank/ nationalized bank duly pledged in favour of Superintending Engineer (MM), DVVNL, Agra or in the form of Bank Demand Draft drawn in favor of Executive Engineer (Admin.), DVVNL, Agra payable at Agra.

1.6 Issue of corrigendum Should the Utility deem it necessary to amend the tender document, it shall do so by uploading the corrigendum on the website. At any time prior to the deadline for submission of the tende , the Utility may amend the tender document by issuing corrigenda. In order to provide prospective Bidders reasonable time in which to take the amendment into account in preparing their bids, the Utility can, at its discretion, extend the last date for the receipt of tender document.

1.7 Submission of Bid Sealed bid in two parts Part-I (EMD and confirmation of validity and Tender document Cost) and Part-II (Price Bid) with all referred superscriptions i.e. name of the Package, due date & time, Bidders Name & Address should be placed in a sealed cover and addressed to :-Superintending Engineer (MM)Urja Bhawan, 220 kV S/s,Bye Pass Road Sikandra, AgraPh. No.: 9412748077; Fax No.: 0562-2603736E-mail: [email protected], [email protected] Website: http://www.dvvnl.org

1.8 The date and time of submission of Bids

24.12.2013 at 13:00 hrs.If submission date be the holiday the submission and opening of the bid proposals shall be the next working day at the same time.

1.9 Bid Opening Date 24.12.2013 at 15:00 hrs.If submission date be the holiday the submission and opening of the bid proposals shall be the next working day at the same time.

1.10 Validity period of offer 90 days from the date of opening of proposal. 1.11 Duration of Assignment Two Years 6 months from awards of contract.

It may be extended by the utility by one year depending upon the circumstances.


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mailto:[email protected]



(D) SCOPE OF THE SERVICES TO BE PROVIDED BY PMC

Following shall be the scope of work of PMC

1. Salient features -The salient features of the services to be provided by the PMC in their assigned task for project monitoring and supervision of quality of works during construction under the Rajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY 12 th Plan) are given below: -

1.1 Preparation of Bid Document.The bid document along with BOQ and BOM shall be prepared by PMC for the complete district.

1.2 Invitation of Bid (INB)The PMC will assist in total work of INB upto the finalization for award of contracts to turnkey bidder.

1.3 Feedback (a) Delivery & erection schedules of material & equipment(b) Involvement of Panchayati Raj Institutions and Gram Panchayat certification regarding

electrification

Feedback may also be provided by the monitoring team regarding adequacy of other issues linked to proper implementation of RGGVY 12th Plan programme like: (a) Delivery schedules of material & equipment and their actual flow to the project areas on time, as well as, erection schedules of these materials (b) Supply of adequate quality power to the project areas (c) Involvement of Panchayati Raj Institutions in the process of electrification of villages and households

3. PROJECT MONITORING & SUPERVISION

3.1 PMC monitoring teams: The project is to be monitored by a dedicated monitoring team of the PMC. The verification will be based on the village wise progress reported which will be provided periodically at the end of each month by the implementing agency i.e. by the concerned state power utility (DISCOM) to the PMC.

3.2 Monitoring Report of the PMCThe PMC will report the progress & quality of works as per the Monitoring & Inspection Report Formats cover the following:

1. Project Parameter2. Highlights of major project monitoring observations of the project3. Village snap shots of each village visited covering

i. Physical performance in the villageii. Workmanship and construction standardsiii. Quality of materials & equipment in the villageiv. Adherence to Indian Electricity Rulesv. Photographs of deficiencies & defects requiring rectification in the village

Any change in the format can be done depending on the need and guidelines of the project by Discom/REC/MOP for which no extra payment will be given. Also standards of material/work mentioned in the reports are indicative. Any change of the same can be done by the respective Discom


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3.2.1 Based on the report & recommendations of the PMC, all discrepancies and defects noted in the progress report and in the villages & areas visited by the PMC, shall be rectified and set right within one month of submission of the report to the turnkey contractor with a copy to the concerned discom. The DISCOM will then take up the matter with the concerned turnkey contractor for immediate necessary rectification/ correction..

3.2.2 The PMC team will re-visit those areas/ villages where rectification is required by the turnkey contractor, within three months of confirmation from the DISCOM that necessary corrections have been made in the progress report and that turnkey contractor has taken remedial action and completed defect rectification

The PMC will report on the following aspects, as per the formats: -

(a) If the progress reported by the DISCOM is correct and acceptable. Any discrepancies may be indicated in their report.

(b) If works have been delayed, the reasons thereof and the remedial measures taken or proposed to be taken by the implementing/executing agency (turnkey contractor).

(c) Whether the villages, in which work have been completed and reported electrified, have been declared electrified as per revised norms of MOP, as per definition of which:

(i) Basic infrastructure such as Distribution Transformer and Distribution lines are provided in the inhabited locality as well as the Dalit Basti/ hamlet where it exists.

(ii) Electricity is provided to public places like Schools, Panchayat Office, Health Centers, Dispensaries, Community centers etc. and whether the work that have been completed and commissioned have been taken-over by the DISCOM and the lines, distribution transformers and services energized.

(iii) The number of households electrified should be at least 10% of the total number of households in the village.

And if, as per RGGVY 12th Plan norms the following have also been made :

(d) Whether the works that have been completed and commissioned and taken- over by the DISCOM.

(e) Whether the necessary electrification certificate has been obtained from the gram panchayat, in the prescribed format, for declaring the village as electrified. If not obtained; the reasons for not providing the same and action being taken by the DISCOM and the executing agency.

(f) Deviations from the scope of the project, if any, in respect of work provisions in the sanctioned project should also be brought out in respect of quantity/ quality/ratings/ specifications.

4.0 RELEASE OF SERVICES INCLUDING ELECTRIFICATION OF BPL HOUSEHOLDS.

4.1 List of BPL households: The State Power Utility is to obtain the authenticated village wise list of BPL households from the concerned state department & authorities including those at district, block and panchayat level and provide this list to the executing agency for providing access to electricity in the project villages and release services to BPL households.

4.2 Release of services to APL households: The service to be provided to APL households by the state power utility shall be regular single-phase domestic connections and as per standardized procedure of the state power utility.


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4.3 Progress of release of services: The release of services especially to BPL services should be commensurate to the targets fixed in the DPR and construction works completed in the projects to the extent possible.

5.0 SUPERVISION OF QUALITY OF MATERIAL USED & WORKS EXECUTED AND CONSTRUCTION STANDARDS ADOPTED

Creation of a healthy rural electrification infrastructure depends primarily on a Well-planned & designed distribution network for providing quality electricity to rural Consumers at the proper voltage and with minimum disruption & outages of power in the system.

5.1 Documents to be collected by PMC - PMC shall undertakes the supervision and inspection based on the following field documents to be provided by the implementing agency:-

(i) Quality assurance plan agreed upon by the DISCOM and the executing agency (turnkey contractor)

(ii) Contract documents/Letter of award & special conditions of the Contract

(iii) Technical specifications of the turnkey contract, for supply and erection of all equipment and materials, including the scope of works etc.

(iv) Sanctioned detailed project report (DPR) for the project district with all revisions/ modifications, as desired by REC, incorporated in the DPR before sanction.

(v) Relevant drawings/ blue prints, area distribution maps and schematic diagrams.(vi) REC Specifications and Construction Standards(vii) Booklet of the Amendments to REC Specification and Construction Standards(viii) Indian Electricity Rules (IER)(ix) RESPO standard and Guaranteed technical particulars ( G.T.P.) of material as approved by

Discom.

Wherever there is difference in turn-key contractor’s ordered work specification and specification mentioned in PMC scope of work, the decision will be taken by Discom and will be binding on PMC team.

5.2 SUPERVISION- The supervision & inspection of quality of materials & equipment used and works executed and construction standards adopted during construction, should be guided by the relevant portions/ sections of following guidelines and documents, for the type of works being undertaken as per the turnkey contract:-

(i) The technical specifications, of the turnkey contract, for supply and erection of all equipment and materials, including the scope of works etc.

(ii) RESSPO/REC Specifications & Construction Standards/ IS specifications/ any other specification approved by Discom.

(iii) Indian Electricity Rules (IER)

1.3 THE TECHNICAL SPECIFICATIONS OF THE TURNKEY CONTRACTS

The technical specifications of the contract contain the following:(i) The scope of works and the details of the scheme (ii) RESSPO Construction standards relating to erection of 11KV & LT lines with reference to

the concerned (a) REC Construction Standard & drawings code Nos. (b) Standards


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approved by Discom. (c) Indian Electricity rules (IER) (d) Specification Code No. of the Bureau of Indian Standards (BIS) and (e) details of equipment and materials required for the purpose of erection of the lines and associated installations as specified by Discom. (f) GTP approved by Discom.

(iii) Construction standards relating to erection of distribution transformers with similar references as at (ii) above.

(iv) Construction standards relating to release of service connections to below the poverty line (BPL) households.

(v) Construction standards relating to construction of 33/11 KV substations and erection of 33 KV lines with similar references as at (ii) above.

5.4. MATERIALS SPECIFICATIONS & EQUIPMENT SPECIFICATIONS AND BIS

Detection of deviation in specifications of equipment & materials - the scope of the present services of the PMC involves inspection of equipment and materials at site during field visits but does not involve inspection at manufacturer’s works/ factory/ laboratory. However requisite test certificates of all equipment and materials shall be provided by the utility & the same shall be verified by the PMC w.r.t. MQP/Approved Drawings GTP / data sheets etc.

The monitoring/supervising team of the PMC should have a fair idea of the specifications of the materials and equipment to be erected/ installed as per the contract and detection of any deviation in quality/ ratings/ specifications observed during supervision of works with respect to RESSPO/REC/IS specifications and which may need to be reported.

6.0 ADHERENCE TO INDIAN ELECTRICITY RULES (IER)The implementing agency shall adhere to the conditions stipulated in the relevant sections of Indian Electricity Rules, 1956 (as amended upto November. 2000 and subsequent amendments if any) in regard to construction, erection and commissioning of electric supply lines (overhead and underground) as well installations,systems and equipment, apparatus etc for generation, transmission, supply and use of electrical energy as per the purpose and objects of the Indian Electricity Act.

7.0 FEEDBACK ON DELIVERY & ERECTION SCHEDULES OF MATERIALS & EQUIPMENT

7.1 The PMC has also to keep track of the project wise procurement of goods and services and their delivery and erection schedules respectively. This is an important aspect of monitoring, as unless there is complete coordination in the schedule for delivery of materials & equipment commensurate to the erection schedule for construction of HT & LT lines erection of Power & Distribution Substations and release of services to rural households particularly BPL families, there is bound to be delay in completion of works and their energisation and chaos in construction activities.

However, requires visits and discussions at the office of the nodal officers of (a) the state power utility supervising the concerned district based RGGVY 12 th Plan project (b) the turnkey contractor (c) site stores of the contractor and a feedback on the following aspects is to be provided by the PMC in their report: -

7.2 Procurement of goods

The following aspects are to be kept in consideration for procurement and delivery of materials & equipment:


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7.2.1 Goods to be procured by the turnkey contractor should be exclusively for the sanctioned district based RGGVY 12th Plan project (or a package of the project)awarded to the contractor based on corresponding provisions made in the project/package. However, in case, if a turnkey package awarded covers more than one project, it should be ensured that materials & equipment are proportionately split up and made available to each project.

7.2.2 Procurement of all matching materials (in matching quantities) should be done simultaneously and scheduled to reach the destination stores at the same time, to the extent possible, so that construction activity is not held up.

7.2.3 Diversion of goods procured for one turnkey contract to another turnkey contract awarded to the same contractor under RGGVY 12th Plan programme shall not be permitted.

7.2.4 Each store should have a minimum stock of matching materials including service connection materials for BPL connection, preferably for the next 3 months requirement, at any point of time, so that construction/ erection work does not suffer.

7.3 Procurement of services

7.3.1 Procurement of services (erection & commissioning works) under theturnkey contract involves the following processes depending on provisions made in the DPR:

i. Construction of 11 KV linesii. Construction of LT linesiii. Erection of Distribution Substations (DSS)iv. Release of Service connectionsv. Erection of 33/11 KV Substationsvi. Construction of 33 KV linesvii. Augmentation of existing 33/11 KV Substations

7.3.2 The turnkey contractor should also indicate the tentative erection schedule for survey & Pegging, erection of works and installations, commissioning of the same and release of BPL service connections during the contract period.

8.0 FEEDBACK ON INVOLVEMENT OF PANCHAYATI RAJ INSTITUTIONS & GRAMPANCHAYATCERTIFICATION REGARDING ELECTRIFICATION.

8.1 As per RGGVY 12th Plan guidelines, PRIs will also issue the requisite certificates under RGGVY 12th Plan for declaring a village electrified as per the new definition.

8.2 The PMC will also give a feedback on certification by the PRIs.


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(E)- DENTITIFIED MODULES UNDER SCOPE OF WORK AND THEIR DETAILS

1. MODULESFollowings have been identified as major modules under the scope of work.

1. Preparation of bid document for electrification of un-electrified & partially electrified village/habitation along with REDB (Rural Electricity Distribution Backbone including BOQ and BOM.

2. Assistance in INB up to finalization of award.3. Project Monitoring :Monitoring of delivery and erection schedule physical verification of

material received/installed, release of services such as BPL connections, adherence to Indian electrical rules, feedback and generation reports as mentioned in scope of work. Project Supervision: Supervision of quality as per specification of material and work as mentioned in scope work.

SCOPE OF WORK OF EACH PARTY

S. No Item (Utility) 12th Plan Consultant 12th Plan

Contractor1. Technical

ActivityA- To provide necessary data

for preparation of tender document

B- On-line e-tendering process

A- Pre-qualifying conditionsB- Special/General terms & ConditionsC- Technical SpecificationD- Preparation of Bill of Quantities and

final Tender document including agreement

E- To assist in on line tendering process including tender notification and receiving the tender

F- Pre bid conferenceG- To assist in Technical Evaluation

processH- Preparation of final comparative

statement and recommendation for bid accepting authority

I- To assist in placement of award letter

To participate in pre-bid conference

2. Material Procurement

A- Approval of vendorB- Approval of GTP &

DrawingC- Pre-dispatch inspectionD- At site inspection

E- To provide necessary GTP & Drawing and materials specification based on the guidelines issued by REC and MOP

F- Pre-dispatch inspection of material and onsite inspection on the basis of approved GTP and specifications

To get approval of GTP drawing, vendors and arrange for turnkey material procurement

3. Construction supervision

A- Approval of work implementation schedule & no. of personnel to be deployed

B- Approval of survey & BOQC- 100% supervision of

erection D- To arrangement shut downE- Supervision of testing &

commissioning

F- To assist the DISCOM in preparation of monitoring parameters and implementation scheme

G- Approval of survey submitted after issue of LOI and approval of final BOQs

H- Supervision for construction work as per the agreed monitoring parameters and submission of exception reports

I- Testing & certifying commissioning of Projects

100% work supervision by authorised supervisor with 100% safety norms enforcement

4. Bill measurement & payment to contractor

A- 100 measurement work done

B- Certificate of completionC- Passing of bills as per normsD- Payment to the agency as

per norms

E- Random checking of at least 10% of the work executed

F- To give advice to field engineers in the matter of admissibility of certain expenses where clear instructions are not available in the agreement.

To provide works measurement timely


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5. Project monitoring

A- Planning for smooth and speedy execution

B- Weekly meeting with agency for monitoring

A- To assist in report completion regarding progress of works.

B- Co-ordination without agencies i.e. REC. MOP or the state Govt.

C- Co- ordination with turnkey contractors for smooth and timely work competition

A- To Submit bar chart for timely completion

B- Submission of regular process reports

C- Attending regular meeting

NOTE- CONSULTANT PERSONALS REQUIRED AT CORPORATE OFFICE OF DISCOM

1. Project ManagerQualification: Degree (Electrical/Mechanical) having sufficient experience with knowledge of computer.

At corporate office of the Discom to perform day to day activities as mentioned above.

2. Three Graduate Engineer (Quality assurance) Qualification: Degree (Electrical/Mechanical) having knowledge of computer

At corporate office of the Discom for monitoring of activities of all villages/majras covered under particular districts and preparation of reports to perform day to day activities as mentioned above.

3. Three computer data operator For preparation of reports/compilation and to perform day to day activity as mentioned above.

NOTE- CONSULTANT PERSONAL REQUIRED AT EACH DISTRICT/CIRCLE OFFICE OF DISCOM

1. Project ManagerQualification: Degree (Electrical/Mechanical) having sufficient experience with knowledge of computer.

At each district to perform day to day activities as mentioned above.

2. Project SupervisorQualification: Degree (Electrical/Mechanical) having knowledge of computer.

At each district for physical monitoring of activities of all villages/majras covered under particulars circle.

3. Inspectors The no. will depend on the quantum of work involved in different circles

4. Other Staff Necessary staff like engineers, computer operators, account personals and other clerical staff as required.

COMPLETION TIME

Sl. No. Activity Completion time (months)

1. Bidding & Award of contract 3

2. Work Completion along with material and work inspection, inspection of electrical safety, defects removal, energization 24

3. Closure of DPR 3

Note: The methodology for the scope of services to be provided by PMC is indicative only. Any changes in the guidelines of REC/MOP shall have to be followed.


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(F)- GENERAL CONDITIONS OF CONTRACT

1. CONTRACT DOCUMENTS1.1. Subject to the order of precedence set forth in the Agreement, all documents forming the

Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory.

2. CORRUPT PRACTICES1.2. The Purchaser requires bidders, suppliers, and contractors to observe the highest standard

of ethics during the execution of such contracts.

(a) The following definitions apply:

“corrupt practice” means the offering, giving receiving, or soliciting, directly or indirectly, of any thing of value to influence the action of any party in the procurement process or the execution of a contract;

“fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract; “collusive practices” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Dakshinanchal Vidyut Vitran Nigam Ltd., designed to influence the action of any party in a procurement process or the execution of a contract;

“coercive practices” mean shaming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract;

(b) The Purchaser will reject a proposal for award if it determines that the bidder recommended

for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.

3. INTERPRETATION1.3 In this Contract unless a contrary intention is evident:(a) the clause headings are for convenient reference only and do not form part of this Contract.

The headings shall not limit, alter or affect the meaning of this Contract;(b) unless otherwise specified a reference to a clause number is a reference to all of its sub-

clauses;(c) unless otherwise specified a reference to a clause, sub-clause or section is a reference to a

use, sub-clause or section of this Contract including any amendments or modifications to the same from time to time;

(d) a word in the singular includes the plural and a word in the plural includes the singular;(e) a word imparting a gender includes any other gender;(f) a reference to a person includes a partnership and a body corporate;(g) a reference to legislation includes legislation repealing, replacing or amending that

legislation;(h) where a word or phrase is given a particular meaning it includes the appropriate

grammatical forms of that word or phrase which have corresponding meanings;(i) in the event of an inconsistency between the terms of this Contract and the Bid document

and the proposal, the terms of this contract hereof shall prevail.

1.4 Entire Agreement


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The Contract constitutes the entire agreement between the Purchaser and the Supplier and upersedes all communications, negotiations and agreements (whether written or oral) of parties with respect there to made prior to the date of Contract.

1.5 Amendment No amendment or other variation of the Contract shall be valid unless it is in writing, is

dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.

1.6 Non-Waiver(a) Subject to GCC Clauses 32 and 34 below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither 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, 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.

1.7 SeverabilityIf 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.

4. LANGUAGE1.8 The Contract as well as all correspondence and documents relating to the Contract

exchanged by the Consultant and the Purchaser, shall be written in English. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the elevant passages in English, in which case, for purposes of interpretation of the Contract, this translation shall govern.

1.1 The Consultant shall bear all costs of translation to English and all risks of the accuracy of such translation.

5. LOCATION1.10 The Services shall be performed at area / location defined by the Utility, or at such location

required by Utility.

6. EFFECTIVENESS OF CONTRACT

1.11 This Contract shall come into force and effect on the date (the “Effective Date") of the tility’s notice to the Consultants confirming that the following conditions have been met:

a) This Contract has been approved by Utilityb) Requisite Advance payment Bank Guarantee has been submitted.

7. AUTHORIZED REPRESENTATIVES1.12 Any action required or permitted to be taken, and any document required or permitted to be

executed under this Contract, may be taken or executed:a) on behalf of the Utility by _____________________ or his

designated representative;b) on behalf of the Consultants by ________________ or his designated representative.


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8. RELATION BETWEEN THE PARTIES 1.13 Nothing contained herein shall be construed as establishing a relation of master and servant

or of agent and principal as between the Utility and the Consultant. The Consultant, subject to this Contract, has complete charge of Personnel performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

9. NOTICES1.14 Any Notice given by one party to the other pursuant to the Contract shall be in writing to the

address specified in the SCC. The term “in writing” means communicated in written form with proof of receipt.

1.15 Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered post, telex, telegram, email or facsimile to such Party at the following address:

1.16 For the Owner: ……………………………………Attention: ……………………………………Telegram: ……………………………………Facsimile: ……………………………………

1.17 For the Consultants: ……………………………………Attention: ……………………………………Telegram ……………………………………Facsimile: ……………………………………

1.18 Notice will be deemed to be effective as follows:(a) in the case of personal delivery or registered mail, on delivery;(b) in the case of telegrams, twenty four(24) hours following confirmed transmission;(c) in the case of facsimiles, twenty four(24) hours following confirmed transmission1.19 A Party may change its address for notice hereunder by giving the other Party notice of such

change pursuant to this Clause.

10 GOVERNING LAW1.20 The Contract shall be governed by and interpreted in accordance with the laws of the India.

The Courts in Agra shall have exclusive jurisdiction with respect of the tendering process, award of Contract and execution of the Contract.

11 SETTLEMENT OF DISPUTES1.21 The Purchaser and the Supplier shall make every effort to resolve amicably by direct

informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.

1.22 If the parties fail to resolve such a dispute or difference by mutual consultation within twenty-eight (28) days from the commencement of such consultation, either party may require that the dispute be referred for resolution to the formal mechanisms specified in the clause 1.7 of SCC.

12 SCOPE OF WORK1.23 The services to be rendered by Consultant shall be as per scope of work (Given in the

Section D-Scope of Work). At the time of awarding the contract, the Purchaser shall specify any change in the Scope of Work. Such changes may be due to increase or decrease in the scope of work at the time of award.

1.24 Unless otherwise stipulated in the Contract, the Scope of Work shall include all such items not specifically mentioned in the Contract but that can be reasonably inferred from the


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Contract as being required for attaining Delivery and Completion of Related Services as if such items were expressly mentioned in the Contract.

13 COMMENCEMENT OF SERVICES1.25 The Consultant shall begin carrying out the Services immediately viz. from the date of issue

of LoI/Letter of Award (the "Starting Date"), or on such date as the Parties may agree in writing.

14 DELIVERY1.26 The Delivery of services and Completion of the Related Services shall be in accordance

with the milestones specified in the Section E, Scope of Work and acceptance of the services rendered by the Purchaser.

1.27 The Consultant, in relation to its deliverables, shall provide any supporting data or information required by the Utility.

15 CONSULTANT RESPONSIBILITIES1.28 The Consultant shall provide the services mentioned in the Scope of Work and the Delivery

and Completion Schedule, as per Section–D- Scope of work

16 PURCHASER’S RESPONSIBILITIES1.29 For successful completion of the assignment, as and when required by the Consultant, the

Utility shall provide data and support based on availability of the same and without prejudice. In the event that the appropriate utility is unable to provide the required data or support for a requirement which the Consultant cannot be reasonably expected to procure on its own or from alternate sources, the Consultant’s failure to deliver shall not be held against it.

1.30 The Consultant shall bear all costs involved in the performance of its responsibilities, in accordance with GCC Clause 20.

1.31 The CIO or equivalent authority of Dakshinanchal Vidyut Vitran Nigam Ltd. shall act as the nodal point for implementation of the contract and for issuing necessary instructions, approvals, commissioning, acceptance certificates, payments etc. to the Consultant.

1.32 The CIO or equivalent authority of Dakshinanchal Vidyut Vitran Nigam Ltd shall approve all such documents within 30 working days.

1.33 Purchaser may provide on Supplier’s request, particulars/ information / or documentation that may be required by the Supplier for proper planning and execution of Scope of Work under this contract.

1.34 Purchaser shall provide to the Supplier sitting space and infrastructure and utilities, in the Purchaser’s offices at such location as may be mutually decided by the Parties.

17 CONTRACT PRICE1.35 The Contract Price shall be as specified in the Agreement subject to any additions and

adjustments thereto, or deductions there from, as may be made pursuant to the Contract. 1.36 Prices charged by the Consultant for the service provided under the Contract shall not vary

from the prices quoted by the Consultant in its bid, with the exception of any price adjustments authorized in the SCC.

18 TERM OF PAYMENT1.37 The Contract Price shall be paid in the manner specified in the SCC. No invoice for extra

work/change order on account of change order will be submitted by the Supplier unless the said extra work /change order has been authorized/approved by the Purchaser in writing.

1.38 The Consultant’s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, Services provided, accompanied by the documents submitted pursuant to GCC Clause 17. The Consultant shall submit the bills in triplicate to the concerned utility.


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1.39 Payments shall be made promptly by the Purchaser, not later than sixty (60) days after submission of an invoice along with supporting documents or request for payment by the Supplier, and the Purchaser has accepted it. But if the progress is not satisfactory and according to agreed work program/schedule the payment may be withheld.

1.40 The final payment under this Clause shall be made only after satisfactory completion of the activities mentioned in the Scope of Work.

1.41 If any excess payment has been made by the Purchaser due to difference in quoted price in proposal and Supplier’s invoice, the purchaser may without prejudice to its rights recover such amounts by other means after notifying the Supplier or deduct such excess payment from any payment subsequently falling due to the Consultant

19 TAXES ANDDUTIES1.42 The Consultant and the personnel shall pay the taxes, duties, fees, levies and other

impositions levied under the existing, amended or enacted laws during life of this contract and the Utility shall perform such duties in regard to the deduction of such tax as may be lawfully imposed.

1.43 Payment of taxes/duties shall not be made separately in any case. 1.44 For goods/services supplied from outside the Purchaser’s country, the Supplier shall be

entirely responsible for all taxes, duties, stamp duties, license fees, and other such levies imposed outside the Purchaser’s country.

20 PERFORMANCE SECURITY 1.45 The Supplier shall, within fifteen (15) days of the notification of Contract award, provide a

Performance Security for the due performance of the Contract in the amounts and currencies specified in the SCC.

1.46 The Purchaser shall at its sole discretion invoke the Performance Security and appropriate the amount secured there under, in the event that the Supplier commits any delay or default in Services rendered or commits any breach of the terms and conditions of the Contract.

1.47 The Performance Security shall be denominated in the currencies of the Contract, and shall be in one of the forms stipulated by the Purchaser in the SCC.

1.48 The Performance Security shall be discharged by the Purchaser and returned to the Consultant not later than twenty-eight (28) days following the date of completion of the Supplier’s performance obligations under the Contract, unless specified otherwise in the SCC.

21 INTELLECTUAL PROPERTY1.49 Purchaser shall own and have a right in perpetuity to use all newly created Intellectual

Property Rights which have been developed solely during execution of this Contract, including but not limited to all Source code, Object code, records, reports, designs, application configurations, data and written material, products, specifications, reports, drawings and other documents which have been newly created and developed by the Supplier solely during the performance of Related Services and for the purposes of inter-alia use or sub-license of such Services under this Contract. The Supplier undertakes to disclose all such Intellectual Property Rights arising in performance of the Related Services to the Purchaser and execute all such agreements/documents and file all relevant applications, effect transfers and obtain all permits and approvals that may be necessary in this regard to effectively transfer and conserve the Intellectual Property Rights of the Purchaser. To the extent that Intellectual Property Rights are unable by law to so vest, the Supplier assigns those Intellectual Property Rights to Purchaser on creation.

1.50 The Supplier shall be obliged to ensure that all approvals, registrations, licenses, permits and rights etc. which are inter-alia necessary for use of the goods supplied / installed by the Supplier (if any), as part of the service obligations under the present contract, shall be acquired in the name of the Purchaser, and the same may be assigned by the Purchaser to the


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Supplier solely for the purpose of execution of any of its obligations under the terms of this Contract. However, subsequent to the term of this Contract, such approvals, registrations, licenses, permits and rights etc. shall endure to the exclusive benefit of the Purchaser.

1.51 The Supplier shall ensure that while it uses any software, hardware, processes, document or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the Supplier shall keep the Purchaser indemnified against all costs, expenses and liabilities howsoever, arising out any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the Supplier or its personnel during the course of performance of the Related Services. In case of any infringement by the Supplier, the Supplier shall have sole control of the defense and all related settlement negotiations

1.52 Subject to sub-clauses 1.55 to 1.57, the Supplier shall retain exclusive ownership of all methods, concepts, algorithms, trade secrets, documentation, other intellectual property or other information belonging to the Supplier that existed before the effective date of the contract.

22 CONFIDENTIAL INFORMATION1.53 The Consultant/Consortium and the personnel of any of them shall not either during the

term or within two (2) years after the expiration of this contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Owner’s business or operations without the prior written consent of the owner.

1.54 The Purchaser shall not use such documents, data, and other information received from the Supplier for any purposes unrelated to the Contract. Similarly, the Supplier shall not use such documents, data, and other information received from the Purchaser for any purpose other than the design, procurement, or other work and services required for the performance of the Contract.

1.55 The obligation of a party under this clause, however, shall not apply to information that:a. the Purchaser or Consultant need to share with the institutions participating in the financing

of the Contract;b. now or hereafter enters the public domain through no fault of that party;c. can be proven to have been possessed by that party at the time of disclosure and which was

not previously obtained, directly or indirectly, from the other party; ord. Otherwise lawfully becomes available to that party from a third party that has no obligation

of confidentiality.1.56 The above provisions of GCC Clause 25 shall not in any way modify any undertaking of

confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the Supply or any part thereof.

1.57 The provisions of GCC Clause 25 shall survive completion or termination, for whatever reason, of the Contract.

23 SUB CONTRACTING1.58 The Consultant shall not be permitted to sub-contract any part of its obligations under the

Contract with the utilities.

24 SERVICE QUALITY1.59 The Purchaser may reject any Service rendered or any part thereof that fail to conform to the

specifications. The Supplier shall take measures necessary to meet the specifications at no cost to the Purchaser.

25 LIQUIDATED DAMAGES AND PENALTY


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1.60 Except as provided under GCC Clause 32, if the Supplier fails to perform any or all of the Services within the period specified in the Contract, the Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the value of the Services, supplied beyond stipulated delivery schedule for each week or part thereof of delay until actual performance, subject to a maximum of 10% of value of such services.

26 LIQUIDITY/INDEMNITY1.61 The Supplier hereby agrees to indemnify the Purchaser, for all conditions and situations

mentioned in this clause, in a form and manner acceptable to the Purchaser. The supplier agrees to indemnify the Purchaser and its officers, servants, agents(“Purchaser Indemnified Persons”) from and against any costs, loss, damages, expense, claims including those from third parties or liabilities of any kind howsoever suffered, arising or incurred inter alia during and after the Contract period out of:

a) any negligence or wrongful act or omission by the Supplier or its agents or employees or any third party associated with Supplier in connection with or incidental to this Contract; or

b) any infringement of patent, trademark/copyright or industrial designrights arising from the use of the supplied Goods and Services or any part thereof.

1.62 The Supplier shall also indemnify the Purchaser against any privilege, claim or assertion made by third party with respect to right or interest in, ownership, mortgage or disposal of any asset, property, movable or immovable as mentioned in any Intellectual Property Rights, licenses and permits

1.63 Without limiting the generality of the provisions of this article 1.67 and 1.68, the Supplier shall fully indemnify, hold harmless and defend the Purchaser Indemnified Persons from and against any and all suits, proceedings, actions, claims, demands, liabilities and damages which the Purchaser Indemnified Persons may hereafter suffer, or pay by reason of any demands, claims, suits or proceedings arising out of 28 claims of infringement of any domestic or foreign patent rights, copyrights or other intellectual property, proprietary or confidentiality rights with respect to any Goods, Services, information, design or process supplied or used by the Supplier in performing the Supplier’s obligations or in any way incorporated in or related to the Project. If in any such suit, action, claim or proceedings, a temporary restraint order or preliminary injunction is granted, the Supplier shall make every reasonable effort, by giving a satisfactory bond or otherwise, to secure the suspension of the injunction or restraint order. If, in any such suit, action, claim or proceedings, the Goods or Services, or any part thereof or comprised therein, is held to constitute an infringement and its use is permanently enjoined, the Supplier shall promptly make every reasonable effort to secure for the Purchaser a license, at no cost to the Purchaser, authorizing continued use of the infringing work. If the Supplier is unable to secure such license within a reasonable time, the Supplier shall, at its own expense, and without impairing the specifications and standards, either replace the affected work, or part, or process thereof with non-infringing work or part or process, or modify the same so that it becomes non-infringing.

Survival on Termination The provisions of this Clause 29 shall survive Termination.

1.64 Defense of Claims: If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in GCC Sub-Clause 1.67, 1.68, or 1.69 the Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

1.65 If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchaser shall be free to conduct the same on its own behalf.


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

27 LIMITATION OF LIABILITY 1.67 Except in cases of gross negligence or willful misconduct: (a) neither party shall be liable to the other party for any indirect or consequential loss or

damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser; and

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

28 CHANGE IN LAWS AND REGULATIONS 1.68 Unless otherwise specified in the Contract, if after the date of the Invitation for Bids, any

law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in the place of the Purchaser’s country where the Site / area of work is located (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date, then such Delivery Date shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the

29 FORCE MAJEURE1.69 For the purposes of this Contract, "Force Majeure" means an event which is beyond the

reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.

1.70 Force Majeure shall not include: a) Any event which is caused by the negligence or intentional action of a Party or such

Party’s Sub-consultants or agents or employees, nor b) Any event which a diligent Party could reasonably have been expected to both (i) take into

account at the time of the conclusion of this Contract, and (ii) avoid or overcome in the carrying out of its obligations hereunder.

1.71 The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract in so far as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.

1.72 A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party's inability to fulfill its obligations hereunder with a minimum of delay.

1.73 A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

1.74 The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

1.75 The decision of the Purchaser with regard to the occurrence, continuation, period or extent of Force Majeure shall be final and binding on the Supplier.


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1.76 Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to time during which such Party was unable to perform such action as a result of Force Majeure.

1.77 Not later than thirty (30) days after the Consultant, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

30 CHANGE ORDCERS AND CONTRACT AMENDMENTS1.78 The purchaser may at any time order the Consultant though Notice in accordance GCC

Clause 12, to make changes within the terms and conditions of this Contract, including any modification of the scope of the Services.

1.79 If any such Change Order causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery and Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Consultant for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier’s receipt of thePurchaser’s Change Order.

1.80 No variation or modification of the terms of the contract shall be made except by written amendment signed by the parties.

31 EXTENSIONS OF TIME1.81 If at any time during performance of the Contract, the Supplier should encounter conditions

impeding timely completion of Services pursuant to GCC Section-IV, the Supplier shall promptly notify the Purchaser in writing of the delay, its likely duration, and its cause. As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.

1.82 Except in case of Force Majeure, as provided under GCC Clause 32 or where the delay in delivery of the Goods or completion of Services is caused due to any delay or default of the Purchaser, any extension granted under clause 34 shall not absolve the Supplier from its liability to the pay of liquidated damages pursuant to GCC Clause 28.

32 SUSPENSION1.83 The Utility may, by written notice of suspension to the Consultants, suspend all payments to

the Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying out of the Services as per schedule, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding Seven (7) days after receipt by the Consultants of such notice of suspension and shall invoke contract performance guarantee.

33 TERMINATION1.84 Termination of Contract for Failure to Become Effective(a) If this Contract has not become effective within seven (7) days of the date hereof, either

Party may, by not less than two weeks (2) weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with

1.85 Termination for Default(a) The Purchaser may, without prejudice to any to remedy or rectify the same within the period

of two weeks other remedy for breach of Contract, by Notice of default sent to the Consultant terminate the Contract in whole or in part:


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(i) if the Consultant fails to provide acceptable quality of Services within the period specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 34; or

(ii) if the Consultant, in the judgment of the Purchaser has engaged in corrupt, fraudulent, collusive, or coercive practices, as defined in GCC Clause 2, in competing for or in executing the Contract; or

(iii) Any representation made by the bidder in the proposal is to be false or misleading(iv) if the Consultant commits any breach of the Contract and fails (or such longer period as the

Purchaser in its absolute discretion decide) provided in a notice in this behalf from the Purchaser.

(v) If the Consultant fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 1.7 of SCC.

(vi) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.

(vii) If the Consultant has been De-empanelled by the Nodal agency due to misconduct etc.(b) In the event the Utility terminates the Contract in whole or in part, pursuant to GCC

Clause36, the Utility may procure, upon such terms and in such manner as it deems appropriate, Goods orServices similar to those undelivered or not performed, and the Consultant shall be liable to the Utility for any additional costs for such similar Goods or Services. However, the Supplier shallcontinue performance of the Contract to the extent not terminated.

1.86 Termination For Insolvency The Purchaser may at any time terminate the Contract by giving Notice to the Consultant if the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the Consultant, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Purchaser.

1.87 Termination For Convenience(a) The Purchaser, by Notice sent to the Consultant, may terminate the Contract, in whole or in

part, at any time for its convenience. The Notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of the Consultant under the contract is terminated, and the date upon which such termination.

1.88 Consequences of Termination Upon Termination of the Contract, the Consultant shall:

(a) Prepare and present a detailed exit plan within five calendar days of termination notice receipt to the CIO or equivalent authority of Dakshinanchal Vidyut Vitran Nigam Ltd. (“Exit Plan”).

(b) The CIO or equivalent authority and along with designated team will review the Exit plan. If approved, Supplier shall start working on the same immediately. If the plan is rejected, Consultant shall prepare alternate plan within two calendar days. If the second plan is also rejected, CIO or equivalent authority will provide a plan for Supplier and it should be adhered by in totality.

(c) The Exit Plan should cover at least the following:-(i) Execute all documents that may be necessary to effectively transfer the ownership and title,

including OEM warranties in respect of all leased equipment;(ii) Handover all developed codes, related documentation and other Configurable Items, if any

in his possession;(iii) Handover the list of all Assets, passwords at all locations to the Purchaser.(d) The supplier and CIO or equivalent authority will sign a completion certificate at the end of

successful completion (all points tracked to closure) of the Exit Plan.


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34. CESSATION OF RIGHT AND OBLIGATIONS1.89 Upon termination of this Contract pursuant to Clause 36 hereof, or Rightsand upon

expiration of this Contract pursuant to Clause 49 hereof, all Obligations rights and obligations of the Parties hereunder shall cease, except

a) Such rights and obligations as may have accrued on the date of termination or expiration,b) The obligation of confidentiality set forth in Clause 25 hereof,c) Any right which a Party may have under the Applicable Law.

35. CESSATION OF SERVICES1.90 Upon termination of this Contract by notice to pursuant to Clause 36 Services thereof, the

Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps as provided in Clause 36 hereof, to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum.

36. PAYMENT UPON TERMINATION1.91 Upon termination of this Contract pursuant to Clause 36 hereof, the Termination Utility

shall make the following payments to the Consultant:a) Remuneration pursuant to Clause 1.9 of SCC for Services satisfactorily performed prior to

the effective date of termination;c) Reimbursable expenditures pursuant to Clause 1.9 of SCC for expenditures actually incurred

prior to the ffective date of termination; andc) Except in the case of termination pursuant failure to perform, insolvency of the Consultant,

deliberate false submission by the Consultant or for failure to comply with the final decision of an arbitration process, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract.

37 ASSIGNMENT 1.92 The Consultant shall not assign to any other party, in whole or in part, their obligations

under this Contract.

38. DISCLAIMER1.93 Purchaser reserves the right to share, with any consultant of its choosing, any resultant

Proposals in order to secure expert opinion. 1.94 Purchaser reserves the right to accept or reject any proposal deemed to be in the best interest

of the Discom.

39. PUBLIC DISCLOSURE1.95 All materials provided to the Purchaser by bidder are subject to Country and U.P. public

disclosure laws such as RTI etc.1.96 The Vendor’s Team shall not make or permit to be made a public announcement or media

release about any aspect of this Contract unless the Purchaser first gives the Vendor its written consent.

40. ADHERENCE TO SAFETY PROCEDURES, RULES REGULATIONS AND RESTRICTION

1.97 Consultant shall comply with the provision of all laws including labour laws, rules, regulations and notifications issued there under from time to time. All safety and labour laws enforced by statutory


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agencies and by Purchaser shall be applicable in the performance of this Contract and Vendor’s Team shall abide by these laws.

1.98 The Consultant shall take all measures necessary or proper to protect the personnel, work and facilities and shall observe all reasonable safety rules and instructions. Supplier’s Team shall adhere to allsecurity requirement/regulations of the Purchaser during the execution of the work. Purchaser’s employee also shall comply with safety procedures/policy.

1.99 The Supplier shall report as soon as possible any evidence, which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid suchabnormal situations. 1.100 The Purchaser will be indemnified for all the situations mentioned inthis clause in the similar way as defined in GCC clause 29.

41. REMOVAL AND/OR REPLACEMENT OF PERSONNEL1.101 Except as the appropriate Utility may otherwise agree, no changes shall be made in the

Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the Personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better qualifications.

(b) If the Utility:a) Finds that any of the Personnel has committed serious misconduct or has been charged with

having committed a criminal action, orb) Has reasonable cause to be dissatisfied with the performance of any of the Personnel, then

the Consultant shall, at the Utility’s written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Utility.

c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of remuneration applicable to such person as well as any reimbursable expenditure (including expendituresdue to the number of eligible dependents) the Consultant may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Utility. Except as the Utility mayOtherwise agree,

1.102 The Consultant shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement, and

1.103 The remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced.

42. FAIRNESS AND GOOD FAITH1.104 The Parties undertake to act in good faith with respect to each other's rights under this

Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

1.105 Operation of the Contract: The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to thisClause shall give rise to a dispute subject to arbitration in accordance with Clause 14 hereof.

43. INSURANCE


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1.106 The Consultant shall take and maintain at their own cost, insurance coverage against the risks of their personnel and properties relating to this assignment.

44. CONFLICT OF INTEREST1.107 The Process Consultant shall not engage, and shall cause their Personnel not to engage,

either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.

1.108 The Consultant and any of its affiliates/consortium members hired to provide services for the proposed assignment in a particular utility, will not be eligible to work as any of the empanelled implementationagencies/ consultants in that specific utility. i.e. the Consultant and affiliates cannot

a) Directly or through its consortium partners bid as Implementation agency for RGGVY 12th Plan., in the specific utility for which they are the Consultants

b) Get associated as Consultant / Advisor/ Implementation Agency or in any other capacity with any of the agencies taking part in the bid process of the concerned Utility during the implementation ofthe RGGVY 12th Plan.

1.109 The Utility considers a conflict of interest to be a situation in which a party has interests that could improperly influence that party’s performance of official duties or responsibilities, contractual bligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a prohibited corrupt practice.

1.110 Consultant for a Utility cannot participate in the bidding process of Implementing agency by the same Utility.

1.111 For any given utility, the Consultant and the Implementation agency cannot be the same. An Consultant and Implementation agency may be considered to be in a conflict of interest with one or more parties inthis process if they have controlling shareholders in common.

1.112 If the Consultant is found to be involved in a conflict of interest situation with regard to the present assignment, the Utility may choose to terminate this contract as per Clause 36 of GCC.

45. STANDARD OF PERFORMANCE1.113 The Consultant shall perform the Services and carry out their obligations hereunder with all

due diligence, efficiency and economy, in accordance with generally accepted techniques and practices usedwith professional engineering and consulting standards recognized by professional bodies, and shall observe sound management, and technical and engineering practices, and employ appropriate advancedtechnology and safe and effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to theOwner.

46. EXPIRATION OF CONTRACT1.114 Unless terminated earlier pursuant to Clause 36 hereof, this Contract shall terminate when,

pursuant to the provisions hereof, the Services have been completed and the payments of remuneration and reimbursable expenditures have been made.

(G) SPECIAL CONDITIONS OF CONTRACT

1.0 The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall


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prevail over those in the GCC.

1.2 The Purchaser’s country is: India1.3 The Purchaser is: Dakshinanchal Vidyut Vitran Nigam Ltd. in which work is to be done1.4 The web-site is: www.dvvnl.org The eligible bidders should visit the website from time to

time and get the status updates. All details uploaded on the website from time to time shall be deemed to have been provided to all the bidders.

1.5 The language shall be: English1.6 the Purchaser’s contact details shall be:

Superintending Engineer (M.M)Urja Bhawan, 220 kV S/s,Bye Pass Road Sikandra, AgraPh. No.: 9412748077; Fax No.: 0562-2603736E-mail: [email protected], [email protected]: http://www.dvvnl.org

1.7 The governing law shall be: Laws applicable in exclusive jurisdiction of competent Court in Agra, India.

1.8 The formal mechanism for the resolution of disputes shall be: If the parties fail to resolve such a dispute or difference by mutual consultation within twenty-eight (28) days from the commencement of such dispute and difference, either party may require that the dispute be referred for resolution to the formal mechanisms, described below (The date of commencement of the dispute shall be taken from the date when this clause reference is quoted by either party in a formal communication clearly mentioning existence of dispute or as mutually agreed) :

(a) The mechanism for resolution of disputes for bidders shall be in accordance with the Indian Arbitration and Conciliation Act of 1996 as amended from time to time. The Arbitral Tribunal shall consist of 3 (Three) Arbitrators. Each Party shall nominate and Arbitrator and the two nominated Arbitrators shall mutually agree and nominate a third Presiding Arbitrator.

(b) The place for arbitration shall be Agra.1.9 The bidders may please note that the prices are Firm. All statutory taxes, levies, duties, etc.

shall be paid on actual.

GENERAL TERMS AND CONDITIONS OF PAYMENT SCHEDULE1. All payments shall be made by the Purchaser in favour of the Consultant. 2. The release of payments will be Performance (output) based, where the payments are made

for measured deliverables and outputs. 3. Consultant shall obtain sign-off for each milestone completed from the Purchaser and raise

invoice against the same.4. Eligible Payments against invoice submitted (accompanied with all requisite documents)

shall be released within 60 days of submission of invoice.5. Power to withhold: Notwithstanding anything contained in the payment schedule mentioned

below, if in the opinion of the Purchaser, any work done or supply made or service rendered by Consultant is deficient in any manner in comparison to the prescribed standards, Purchaser shall be at liberty to withhold a reasonable portion of the payments due to the Supplier, till such work/ supply/ service is made confirming to the prescribed standards. These powers to withhold payments shall be without prejudice to any other power/ right of the purchaser under this contract.

6. If additional work is required beyond the scope of the Services specified the estimated periods of engagement of Personnel set forth in the appropriate Bid Response Format may be increased by agreement in writing between the Purchaser and the Consultants. Any such change shall be done as per Clause 31 of GCC and Clause 1.8 of SCC.

7. All payments under this Contract shall be made to the account of the Consultant with (Bank


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& A/c No.):……………………………….……………………………….Payments will be made by the Purchaser to the Consultant as per Contract Value quoted in the Formats for Financial Proposal and agreed in the Contract, as follows:

PAYMENT SCHEDULE Milestone based payment

Payment will be done on prorata basis as per the details given below:-

Sl. No. Deliverable Percentage of total

Value1. Preparation of Bid Document for electrification of Un-electrified &

partially electrified village/habitation along with REDB (Rural Electricity Distribution Backbone including BOQ and BOM.

5%

2. Finalization of award to Trunkey Contractor including evaluation of bids both technical and financial. 5%

3. Monitoring of delivery and erection schedule review of progress of village electrification at Discom and district level, feedback, monitoring and generation of reports regarding progress of electrification works, release of services such as BPL connections, adherence to Indian electrical rules as mentioned in scope of work.

40%Fixed monthly

payment @ 1/24 per month

(upto 24 months).

4.Pre-dispatch inspection of quality of material as per technical specifications of material and physical verification of material received/installed and erected in electrification works.

40% *

5. On successful completion of closure report 10%

* Payment will be done against running payment of working agency on the basis of no. of villages/mazras, where a particular activity has been completed.

1.10. The currencies for payments shall be in Indian Rupees (INR) per unit.

1.11. The Consultant shall provide Performance Security of ten (10) percent of the total Contract Price. The currency and amount of Performance Security shall be specified at the time of awarding the contract to successful bidder.

1.12. The types of acceptable Performance Securities are: Bank Guarantee issued by a Scheduled Indian Bank or Govt. Security in the form of Corporate Guarantee.

(H)- BIDDER RESPONSE FORMS

Form No F-1


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From: <Bidder> To <Utility>

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

Sub.: Appointment for PMC Project Monitoring and supervision of quality of works during construction under RGGVY 12th Plan, reference number …………………….

Sir,We ………………………………………………..a PSU/Govt. Undertaking herewith

enclose our offer for appointment of our firm as Project Management Consultant (PMC) for bid specification no………….dated……….We hereby accept and abide by the scope & terms and conditions of tender document unconditionally.

We also undertake to depute a Project Manager at contract awarding utility.

Yours faithfully,

Signature: ………………………Name of firm: …………………..Address: ………………………..

Form No. F-2: Certificate as to Corporate Principle

CERTIFICATE AS TO CORPORATE PRINCIPLE(To be signed by any of Board Directors or Co. Secry)


33

I …………………………………………..certify that I am ……………………..of the company under the laws of ………………………………….. and that ……………………… who signed the above tender is authorized to bind the Company / firm by authority of its Governing body.

Signature: ……………………… Seal:Name of firm: …………………..Address: ………………………..

Form No. F-3a: Project Experience

Kindly provide relevant project Experience of the firm / relevant past experience in either:

With Power utility, in the last three financial year; or


34

As PMC in the last three year audited financial years for a utility company provide Summary of assignment including the Project submitted to focusing on the following areas:

Sector of the Client's Business in which assignment was awarded Value and Year of award / completion of assignment. Application / Modules worked on by the Firm

Sl. No.

Assignment Year Value of Assignment

Role of Firm

ReferenceNo.Award Completion

Please provide of completed assignment.

Signature: ……………………… Seal:Name of firm: …………………..Address: ……………………

Form No F-3b: Performance Certificate

Kindly provide Client Performance Certificates for the completed projects provided for Form No.

F-3a stating the role, value Year of award / completion and broad scope of Or Copy of LoA / Work

Order along with proof of release of final payment.

Form No F-4: Company Information

Kindly provide the following details for the Firm:


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1 Name of the Firm……………………………………………………………

2 Individual and Cumulative Turnover in the Last three audited financial years (in INR):

Firm Year 2010-11 Year 2011-12 Year 2012-13 Total<Amount in

INR><Amount in INR> <Amount in INR> <Amount in

INR>

(Please provide Published Annual Account for Balance Sheet and Profit and Loss statements as Proof).


Form No F-5: Deviations/No Deviations Confirmation, Comments & Suggestions

DEVIATIONS/COMMENTS/SUGGESTIONS OF CONSULTANT


36

On the Scope of Work, or any related area:

1.

2.

3.

4.

(In case of no deviations, a statement to that effect must be given)



37

Form No F-6: CVs

The format for submission of CVs is the following:1. Name: __________________________________________________________2. Profession / Present Designation: ____________________________________3. Years with firm: ____________________Nationality: ____________4. Area of Specialisation: ___________________________________________5. Proposed Position on Team: ______________________________________6. Key Qualification/Experience:

(Under this heading give outline of staff members experience and training most pertinent to assigned work on proposed team. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use up to half-a-page.)

7. Education :(Under this heading, summarise college/ university and other specialised education of staff member, giving names of colleges, dates and degrees obtained. Use up to quarter page.)

8. Experience :(Under this heading, list of positions held by staff member since graduation, giving dates, names of employing organisation, title of positions held and location of assignments. For experience in last ten years also give types of activities performed and Owner references, where appropriate. Use upto three quarters of a page.

9. Language :(Indicate proficiency in speaking, reading and writing of each language by ‘excellent’, ‘good’ or ‘poor’).

Signature : _________________ Full Name : _________________Address : _________________ Date : _________________

Kindly ensure that the relevant work experience and its applicability to the present assignment are clearly articulated. The CVs should be in ‘Times New Roman’ with ‘font size 11’ and should not be longer than 4 type-written pages.

Signature : _________________ Seal:Full Name : _________________Address : _________________


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(I)- PRICE SCHEDULE (P1)(To be submitted in separate sealed envelope)

Offer for Project Management Consultant for Project Monitoring and Supervision of quality of works during construction in Rajiv Gandhi Grameen Vidyutikaran Yojna (RGGVY 12 th

plan)

Particulars

No of villages/majras

Rate per

villages/majras

Total amount including

Tax/Duties/Cess

Value of Tax/Duties/Cess

in the total amount

mentionedNos. Rs. Rs. Rs.

Work of PMC in 21 District Under DVVNLPreparation of Bid Document for electrification of Un-electrified & partially electrified village/habitation along with REDB (Rural Electricity Distribution Backbone including BOQ and BOM.Finalization of award to Trunkey Contractor including evaluation of bids both technical and financial.Project Monitoring: Monitoring of delivery and erection schedule physical verification of material received/installed, release of services such as BPL connections, adherence to Indian electrical rules, feedback and generation reports.Project Supervision: Supervision of quality as per specification of material and work as mentioned in scope of work. Material inspection as pre ISI standards or other standards as approved by the Discoms.completion of closure report

(as pre scope of work mentioned in section- D)

32768

Total Price for Project Monitoring Consultancy Services in WordsINR

____________________________________________________________________________

Note:1) Price proposals will be compared based on the Total Price.2) The Bidders shall quote total price for PMC inclusive of all taxes and duties. The Owner will not be required to pay and/or reimburse anything over and above the price quoted except service tax, which will be payable as per the rate prevailing at the time of payment.3) The price should include overhead / out of pocket expenses, travel, boarding, lodging, visits etc.4) The prices shall remain FIRM till completion of the Assignment.

Signature : _________________ Seal:Full Name : _________________Address : _________________


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(J) DETAILS OF INDIAN ELECTRICITY RULES INDICATED IN SECTION-D OF SCOPE OF SERVICES

7.0 ADHERENCE TO INDIAN ELECTRICITY RULES (IER)The implementing agency shall adhere to the conditions stipulated in the relevant sections

of Indian Electricity Rules, 1956 (as amended upto November, 2000 and subsequent amendments if any) in regard to construction, erection and commissioning of electric supply lines (overhead and underground) as well installations, systems and equipment, apparatus etc for generation, transmission, supply and use of electrical energy as per the purpose and objects of the Indian Electricity Act.

The important Rules or relevant portion/ sections of the rules applicable to projects being implemented under the RGGVY 12th Plan scheme, which need to be kept in consideration during the course of the monitoring/ supervision are: -

7.1 Definitions7.1.1 Voltage [Rule 2(av)]The Nomenclature of voltages as defined in the IER is said to be as: -(i) “Low” where the voltage does not exceed 250 volts under normal conditionssubject, however, to the % variation allowed by the IER,(ii) “Medium” where the voltage does not exceed 650 volts under normalconditions subject, however, to the % variation allowed by the IER,(iii) “High” where the voltage does not exceed 33,000 volts under normalconditions subject, however, to the % variation allowed by the IER,(iv) “Extra high” where the voltage exceeds 30,000 volts under normal conditionssubject, however, to the % variation allowed by the IER.

7.2 General Safety [Requirements]7.2.1 Service lines and apparatus on consumer’s premises [Rule 30](1) The supplier shall ensure that all electric supply lines, wires, fittings and apparatus belonging to him or under his control, which are on consumer’s premises, are in safe-condition and in all espects fit for supplying energy and the supplier shall take due precautions to avoid danger arising on such premises from the supply lines, wires, fittings and apparatus.

7.2.2 Cut-out on consumer’s premises [Rule 31]

(1) The supplier shall provide a suitable cut-out in each conductor of every service-line other than an earthed or earthed neutral conductor or the earthed external conductor of a concentric cable within the a consumer’s premises, in an accessible position. Such cutout shall be contained within an adequately enclosed fireproof receptacle.

Where more than one consumer is supplied through a common service line, each such consumer shall be provided with an independent cutout at the point of junction to the common service.

(2) Every electric supply line other than the earthed or earthed neutral conductor of any system or the earthed external conductor of a concentric cable shall be protected by a suitable cut-out by its owner.


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7.2.3 Earthed terminal on consumer’s premises [Rule 33](1) The supplier shall provide and maintain on the consumer’s premises for the consumer’s use, a suitable earthed terminal in an accessible position at or near the point of commencement of supply as defined in rule 58.Provided that in the case of medium, high or extra-high voltage installation the consumer shall, in addition to the aforementioned earthing arrangement, provided his own earthing system with independent electrode.

7.2.4 Danger Notices [Rule 35]The owner of medium, high and extra-high voltage installation shall affix permanently in a conspicuous position a danger notice in Hindi or English and the local language of the district, with a sign of skull and bones [of a design as per the relevant ISS No.2551] on: -

(a) Every motor, generator, transformer and other electrical plant andequipment together with apparatus used for controlling or regulating thesame;

(b) All supports of high and extra-high voltage overhead lines which can be easily climbed upon without the aid of ladder or special appliances;

[Explanation- Rails, tubular poles, wooden supports, reinforced cement concrete poleswithout steps, I-sections (Joists) and channels, shall be deemed as supports which cannot be easily climbed upon for the purpose of this clause]

Provided that where it is not possible to affix such notices on any generator, motor, transformer or other apparatus, they shall be affixed as near as possible thereto, or the word ‘danger’ and the voltage of apparatus concerned shall be permanently painted on it.

Provided further that where the generator, motor, transformer or other apparatus is within an enclosure, one notice affixed to the said enclosure shall be sufficient for this rule.

7.3 General conditions relating to supply and use of energy7.3.1 Precautions against leakage before connection [Rule 48](1) The supplier shall not connect with his works the installation or apparatus on the premises

of any applicant for supply unless he is reasonably satisfied that the connection will not at the time of making the connection cause a leakage from that installation or apparatus of a magnitude detrimental to safety. Compliance with this rule shall be checked by measuring the installation resistance provided below:

(i) All the electrical equipment shall have the ‘IR’ values as stipulated in the relevant Indian Standards

(ii) At a pressure of 500 V DC applied between each live conductor and earth for a period of 1minute the insulation resistance of low voltage and medium voltage equipment should be at least 1 Mega ohm or as specified in the relevant Indian Standards.

(v) At a pressure of 2.5 KV DC applied between each live conductor and earth for a period of 1minute the insulation resistance of high voltage equipment should be at least 5 Mega ohm or as specified in the relevant Indian Standards.

7.3.2 Declared Voltage Supply to Consumers [Rule 54]Except with the written consent of the consumer or with the previous sanction of the State Government, a supplier shall not permit the voltage at the point of commencement of supply as defined under rule 58 to vary from the declared voltage:

(i) In the case of low or medium voltage, by more than 6% (± 6%) or;


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(ii) In the case of high voltage, by more than 6% on the higher side or by more than 9% on the lower side (+6% & -9%), or;

(iv) In the case of extra-high voltage, by more than 10% on the higher side or by more than 12.5% on the lower side (+10% & -12.5%)

However, as per REC norms, for 11 KV overhead lines, the permissible voltage regulation shall preferably not be more than (-) 8% on the lower side.

7.3.3 Point of commencement of supply [Rule 58]The point of commencement of supply of energy to a consumer shall be deemed to be the point at the incoming terminal of the cutouts installed by the consumer under rule 50 [Rule 50 relates to supply and use of energy].

7.4 Electric supply lines, systems and apparatus for low and medium voltages7.4.1 Test for resistance of insulation [Rule 60](1) Where any electric supply line for use at low or medium voltage has been disconnected

from a system for the purpose of addition, alteration or repair, such electric supply line shall not be reconnected to the system until the supplier or the owner has applied the test prescribed at rule 48.

(2) The provision of sub-rule (1) shall not apply to overhead line except, overhead insulated cables unless the Inspector otherwise directs in any particular case.

7.4.2 Connection with earth [Rule 61](1) The following provisions shall apply to the connection with earth of systems at low voltage

in cases where the voltage normally exceeds 125 volts and of systems at medium voltage: -

(a) ` Neutral conductor of a 3 phase, 4-wire system and the middle conductor of a 2phase,3-wire system shall be earthed by not less than two separate and distinct connections with a minimum of two different earth electrodes or such large numbers as may be necessary to bring the earth resistance to a satisfactory value both at the generating station and at the substation. The earth electrodes so provided, may be inter-connected to reduce earth resistance. It may be also be earthed at one or more points along the distribution system or service line in addition to any connection with earth which may be at the consumer’s premises.

(e) In the case of an alternating current system, there shall not be inserted in the connection with earth any impedance (other than required solely for the operation of switchgear and instruments), cut-out or circuit breaker, and the result of any test made to ascertain whether the current (if any) passing through the connection with earth is normal, shall be duly recorded by the supplier.

(f) No person shall make a connection with earth by the aid of, nor shall he keep it in contact with, any water main not belonging to him except with the consent of the owner thereof and of the inspector.

(g) Alternating current systems which are connected with earth as aforesaid may be electrically interconnected:

Provided that each connection with earth is bonded to a metal sheathing and metallic armouring (if any) of the electric supply lines concerned.

(2) The frame of every generator, stationary motor, portable motor, and the metallic parts (not intended as conductors) of all transformers and any other apparatus used for regulating or controlling energy and all medium voltage energy consuming apparatus shall be earthed by the owner by two separate and distinct connections with earth.


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(3) All metal casings or metallic coverings containing or protecting any electric supply-line or apparatus shall be connected with earth and shall be so joined and connected across all junction boxes and other openings as to make good mechanical and electrical connection throughout their whole length;

Provided that where the supply is at low voltage, this sub-rule shall not apply to wall tubes or to brackets, electroliers, switches, ceiling fans or other fittings (other than portable hand lamps and portable and transportable apparatus) unless provided with earth terminal and to class-II apparatus/appliances;

Provided further that where the supply is at low voltage and where the installations are either new or renovated all plug sockets shall be of the three-pin type, and the third pin shall be permanently and efficiently earthed.

[Explanation-The words “ Class-II apparatus/appliance” will have the same meaning as assigned to these words in the relevant ISS]

(4) All earthing system shall -(a) consist of equipotential bonding conductors capable of carrying the prospective earth fault

current and a group of pipe/rod/plate electrodes for dissipating the current to the general mass of earth without exceeding the allowable temperature limits as per relevant Indian Standards in order to maintain all noncurrent carrying metal works reasonably at earth potential and to avoid dangerous contact potentials being developed on such metal works;

(b) Limit earth resistance sufficiently low to permit adequate fault current for the operation of protective devices in time and to reduce neutral shifting;

(c) be mechanically strong, withstand corrosion and retain electrical continuity during the life of the installation. All earthing systems shall be tested to ensure efficient earthing, before the electric supply lines or apparatus are energised.

(5) All earthing systems belonging to the supplier shall in addition, be tested for resistance on dry day during the dry season not less than once every two years.

(6) A record of every earth test made and the result thereof shall be kept by the supplier for a period of not less than two years after the day of testing and shall be available to the Inspector or any officer appointed to assist the Inspector and authorised under sub-rule(2) of rule 4-A when required.

7.4.3 Earth leakage protective device [Rule 61-A]The supply of Energy to every electrical installation other than low voltage installation below 5 KW and those low voltage installations which do not attract provisions of section 30 of the Indian Electricity Act 1910, shall be controlled by an earth leakage protective device so as to disconnect the supply instantly on the occurrence of earth fault or leakage of current: Provided that the above shall not apply to overhead supply lines having protective devices which are effectively bonded to the neutral of supply transformers and conforming to rule 91 of I.E.Rules,1956.]

7.4.4 Systems at medium voltage [Rule 62]Where a medium voltage supply system is employed, the voltage between earth and any conductor forming part of the same system shall not, under normal conditions, exceed low voltage.


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7.5 Electric supply lines, systems and apparatus for high and extra-high voltages7.5.1 Connection with earth [Rule 67] (for HV & EHV)(1) All non-current carrying metal parts associated with HV/EHV installation shall be

effectively earthed to a grounding system or mat which will:-(a) limit the touch and step potential to tolerable values;(b) limit the ground potential rise to tolerable values so as to prevent danger due to transfer of

potential through ground, earth wires, cable sheath, fences, pipe lines, etc.’(c) maintain the resistance of the earth connection to such a value as to make operation of

the protective device effective.(1A) In the case of star-connected system with earthed neutrals or delta connected system with

earthed artificial neutral point:-(a) The neutral point of every generator and transformer shall be earthed by connecting it to

the earthing system as defined in Rule 61(4) and hereinabove by not less than twoseparate and distinct connections:

Provided that the neutral point of a generator may be connected to the earthingsystem through an impedance to limit the fault current to the earth:Provided further that in the case of multi-machine system, neutral switching may beresorted to, for limiting the injurious effect of harmonic current circulation in the system;

(b) In the event of an appreciable harmonic current flowing in the neutral connection so as tocause interference, with communication circuits, the generator or transformer neutral,shall be earthed through a suitable impedance;

(c) In case of the delta connected system the neutral point shall be obtained by the insertionof a grounding transformer and current limiting resistance or Impedance whereverconsidered necessary at the commencement of such a system.

(2) Single-phase high or extra-high voltage systems shall be earthed in a manner approved bythe Inspector.

(3) In the case of a system comprising electric supply lines having concentric cables, theexternal conductor shall be the one to be connected with earth.

(4) Where a supplier proposes to connect with earth an existing system for use at high or extra high voltage which has not hitherto been so connected with earth he shall give not lessthan fourteen days’ notice in writing together with particulars to the telegraph-authority ofthe proposed connection with earth.

(5) (a)Where the earthing lead and earth connection are used only in connection with earthingguards erected under high or extra-high voltage overhead lines where they cross atelecommunication line or a railway line, and where such lines are equipped with earthleakage relays of a type and setting approved by the Inspector, the resistance shall notexceed 25 ohms.

(b) Every earthing system belonging to either the supplier or the consumer shall be tested forits resistance to earth on a dry day during dry season not less than once a year. Recordsof such tests shall be maintained and shall be produced, if required before the Inspectoror any officer appointed to assist him and authorised under sub-rule (2) of rule 4A.

(6) In so far as the provisions of rule 61 are consistent with the provisions of this rule, allconnections with earth shall also comply with the provisions of that rule.

7.6 Overhead lines and underground cables

7.6.1 Material and strength [Rule 74](1) All conductors of overhead lines other than those specified in sub-rule (1) of rule

86 shall have a breaking strength of not less than 350 kg.(2) Where the voltage is low and the span is of less than 15 metres and is on the

owner’ s or consumer’ s premises, a conductor having an actual breaking strengthof not less than 150 kg may be used.+


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7.6.2 Joints [Rule 75]Joints between conductors of overhead lines shall be mechanically and electrically secure under the conditions of operation. The ultimate strength of the joint shall not be less than 95 per cent of that of the conductor, and the electrical conductivity not less than that of the conductor: Provided that no conductor of an overhead line shall have more than two joints in a span.

7.6.3 Maximum stresses: Factors of safety [Rule 76](1) (a) The owner of every overhead line shall ensure that it has the following minimum

factors of safety:-(i) for metal supports - 1.5(ii) for mechanically processed concrete supports - 2.0(iii) for hand-moulded concrete supports - 2.5(iv) for wood supports - 3.0

The minimum factors of safety shall be based on such load as would cause failure of the support to perform its function (assuming that the foundation and other components of the structure are intact). The aforesaid load shall be –

(i) equivalent to the yield point stress or the modulus of rupture, as the case may be, for supports subject to bending and vertical loads.

(ii) the crippling load for supports used struts.

The said owner shall also ensure that the strength of the supports in thedirection of the line is not less than one-fourth of the strength required in the directiontransverse to the line:

Provided that in the case of latticed steel or other compound structures, factorsof safety shall not be less than 1.5 under such broken wire conditions as may be specified by the State Government in this behalf.

(b) The minimum factor of safety for stay-wires, guard-wires or bearer-wires shall be 2.5 based on the ultimate tensile strength of the wire.

(c) The minimum factor of safety for conductors shall be 2, based on their ultimate tensile strength. In addition, the conductors tension at 320 C, without external load, shall not exceed the following percentages of the ultimate tensile strength of the conductor:-Initial unloaded tension …….. 35 per centFinal unloaded tension …….. 25 per centProvided that in the case of conductors having a cross section of a generallytriangular shape, such as conductors composed of 3-wires, the final unloaded tensionat 32° C shall not exceed 30 per cent of the ultimate tensile strength of such conductor.

(2) For the purpose of calculating the factors of safety prescribed in sub-rule (1)-(a) the maximum wind pressure shall be such as the State Government may specify in each

case;(b) ` for cylindrical bodies the effective area shall be taken as two-thirds of the projected area

exposed to wind pressure;(c) for latticed steel or other compound structures the wind pressure on the lee side members

shall be taken as one-half of the wind pressure on the windward side members and the factors of safety shall be calculated on the crippling load of struts and upon the elastic limit of tension members;

(d) the maximum and minimum temperatures shall be such as the State Government may specify in each case.


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(3) Notwithstanding anything contained in sub-rules (1) and (2), in localities whereoverhead lines are liable to accumulations of ice or snow the State Governmentmay, by order in writing, specify the loading conditions for the purpose ofcalculating the factor of safety.

7.6.4 Clearance above ground of the lowest conductor [Rule 77](1) No conductor of an overhead line, including service lines, erected across a street shall at

any part thereof be at a height of less than-(a) for low and medium voltage lines 5.8 metres(b) for high voltage lines 6.1 metres

(2) No conductor of an overhead line, including service lines, erected along any street shall at any part thereof be at a height less than-(a) for low and medium voltage lines 5.5 metres(b) for high voltage lines 5.8 metres

(3) No conductor of an overhead line including service lines, erected elsewhere than along or across any street shall be at a height less than -(a) for low, medium and high voltages lines upto and including 11,000 volts, if bare 4.6 metres(b) for low, medium and high voltage linesupto and including 11,000 volts, if insulated 4.0 metres(c) for high voltage lines above 11,000 volts 5.2 metres

(4) For extra-high voltage lines the clearance above ground shall not be less than 5.2 metres plus 0.3 metre for every 33,000 volts or part thereof by which the voltage of the line exceeds 33,000 volts;Provided that the minimum clearance along or across any street shall not be lessthan 6.1 metres.

7.6.5 Clearance from buildings of low and medium voltage lines and service lines [Rule 79](1) Where a low or medium voltage, overhead line passes above or adjacent to or terminates on

any building, the following minimum clearances from any accessible point, on the basis of maximum sag, shall be observed:-

(a) for any flat roof, open balcony, varandah roof and lean-to-roof-(i) when the line passes above the building a vertical clearance of 2.5metres from the highest

point, and(ii) when the line passes adjacent to the building a horizontal clearance of 1.2metres from the

nearest point, and(b) for pitched roof-(i) when the line passes above the building a vertical clearance of 2.5 metres immediately

under the lines, and(ii) When the line passes adjacent to the building a horizontal clearance of 1.2metres.(2) Any conductor so situated as to have a clearance less than that specified in sub rule (1) shall be adequately insulated and shall be attached at suitable intervals to a bare earthed

bearer wire having a breaking strength of not less than 350 kg.(3) The horizontal clearance shall be measured when the line is at a maximum deflection from

the vertical due to wind pressure.

[EXPLANATION-For the purpose of this rule, expression “ building” shall be deemed to include anystructure, whether permanent or temporary.]

7.6.6 Clearances from buildings of high and extra-high voltage lines [Rule 80](1) Where a high or extra-high voltage overhead line passes above or adjacent to any building

or part of a building it shall have on the basis of maximum sag a vertical clearance above the highest part of the building immediately under such line, ofnot less than-


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(a) for high voltage lines upto and including 33,000 volts 3.7 metres(b) for extra-high voltage lines 3.7 metres plus 0.30 metre for every additional 33,000 volts or

part thereof.(2) The horizontal clearance between the nearest conductor and any part of such building shall,

on the basis of maximum deflection due to wind pressure, be notless than-

(a) for high voltage lines upto and including 11,000 volts 1.2 metres(b) for high voltage lines above 11,000 volts and up to and including 33,000 volts 2.0 metres(c) for extra-high voltage lines 2.0 metres plus 0.3 metre for every additional 33,000 volts for

part thereof.

[Explanation-For the purpose of this rule express” building” shall be deemed to include any structure, whether permanent or temporary.]

7.6.7 Conductors at different voltages on same supports [Rule 81]Where conductors forming parts of systems at different voltages are erected on the same supports, the owner shall make adequate provision to guard against danger to linesman and others from the lower voltage system being charged above its normal working voltage by leakage from or contact with the higher voltage system and the methods of construction and the clearances between the conductors of the two systems shall be subject to prior approval of the Inspector.

7.6.8 Clearances: General [Rule 83]For the purpose of computing the vertical clearance of an overhead line, the maximum sag of any conductor shall be calculated on the basis of the maximum sag in still air and the maximum temperature as specified by the State Government under rule 76(2)(d). Similarly, for the purpose of computing any horizontal clearance of an overhead line the maximum deflection of any conductor shall be calculated on the basis of the wind pressure specified by the State Government under rule 76(2)(a) or may be taken as 350, whichever is greater.

7.6.9 Routes: Proximity to aerodromes [Rule 84]Overhead lines shall not be erected in the vicinity of aerodromes until the aerodrome authorities have approved in writing the route of the proposed lines.

7.6.10 Maximum interval between supports [Rule 85]All conductors shall be attached to supports at intervals not exceeding the safe limits based on the ultimate tensile strength of the conductor and the factor of safety prescribed in rule 76: Provided that in the case of overhead lines carrying low or medium voltage conductors, when erected in, over, along or across any street, the interval shall not, without the consent in writing of the Inspector, exceed 65 metres.

7.6.11 Conditions to apply where telecommunication lines and power lines are carried on same supports [Rule 86]

(1) Every overhead telecommunication line erected on supports carrying a power lineshall consist of conductors each having a breaking strength of not less than 270 kg.

(2) Every telephone used on a telecommunication line erected on supports carrying a power line shall be suitably guarded against lightning and shall be protected by cut-outs.

(3) Where a telecommunication line is erected on supports carrying a high or extrahighvoltage power line, arrangement shall be made to safeguard any person using the telephone against injury resulting from contact, leakage or induction between such power and telecommunication lines.

7.6.12 Lines crossing or approaching each other [Rule 87](1) Where an overhead line crosses or is in proximity to any telecommunication line,

either the owner of the overhead line or the telecommunication line, whoever lays his line later, shall arrange to provide for protective devices or guarding arrangements, in a manner laid down in the Code of Practice or the guidelines prepared by the Power and Telecommunication Coordination Committee and subject to the provisions of the following sub-rules:-


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(2) When it is intended to erect a telecommunication line or an overhead line whichwill cross or be in proximity to an overhead line or a telecommunication line, as the case maybe, the person proposing to erect such line shall give one month’ s notice of his intention so to do along with the relevant details of protection anddrawings to the owner of the existing line.

(3) Where an overhead line crosses or is in proximity to another overhead line, guarding arrangements shall be provided so to guard against the possibility of their coming into contact with each other.Where an overhead line crosses another overhead line, clearances shall be as under:-Minimum clearances in metres between lines crossing each other,

Sl. No.

Nominal system voltage 11-66 KV 110-132 KV 220 KV 400 KV 800 KV

1. 2. 3. 4. 5. 6. 7.1. Low & Medium 2.44 3.05 4.58 5.49 7.942. 11-66 KV 2.44 3.05 4.58 5.49 7.943. 110-132 KV 3.05 3.05 4.58 5.49 7.944. 220 KV 4.58 4.58 4.58 5.49 7.945. 400 KV 5.49 5.49 5.49 5.49 7.946. 800 KV 7.94 7.94 7.94 7.94 7.94

Provided that no guardings are required when an extra high voltage line crosses over another extra-high voltage, high voltage, medium or low voltage line or a road or a tram subject to the condition that adequate clearances are provided between the lowest conductor of the extra-high voltage line and the top most conductor of the overhead line crossing underneath the extra-high voltage line and the clearances as stipulated in rule 77 from the topmost surface of the road is maintained.

(4) A person erecting or proposing to erect a line which may cross or be in proximitywith an existing line, may normally provide guarding arrangements on his own lineor require the owner of the other overhead line to provide guarding arrangementsas referred to in sub-rule(3).

(5) In all cases referred to in the preceding sub-rules the expenses of providing theguarding arrangements or protective devices shall be borne by the person whoseline was last erected.

(6) Where two lines cross, the crossing shall be made as nearly at right angles as the nature of the case admits and as near the support of the lines as practicable, and the support of the lower line shall not be erected below the upper line.

(7) The guarding arrangements shall ordinarily be carried out by the owner of the supports on which it is made and he shall be responsible for its efficient maintenance.

(8) All work required to be done by or under this rule shall be carried out to the satisfaction of the Inspector.

7.6.13 Guarding [Rule 88](1) Where guarding is required under these rules the provisions of sub-rules (2) to (4)

shall apply.(2) Every guard-wire shall be connected with earth at each point at which its electrical

continuity is broken.(3) Every guard-wire shall have an actual breaking strength of not less than 635 kg and if made

of iron or steel, shall be galvanised.(4) Every guard-wire or cross-connected systems of guard-wires shall have sufficient current-

carrying capacity to ensure the rendering dead, without risk of fusing of the guard-wire or wires till the contact of any live wire has been removed.

7.6.14 Service lines from Overhead lines [Rule 89]No Service line or tapping shall be taken off an overhead line except at a point of support:Provided that the number of tappings per conductor shall not be more than four in caseof low and medium voltage connections.


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7.6.15 Earthing [Rule 90](1) All metal supports and all reinforced and prestressed cement concrete supports of overhead

lines and metallic fittings attached thereto, shall be permanently and efficiently earthed. For this purpose, continuous earth wire shall be provided and securely fastened to each pole and connected with earth ordinarily at three points in every km, the spacing between the points being as nearly equidistance as possible. Alternatively, each support and the metallic fitting attached thereto shall be efficiently earthed.

(1A) Metallic bearer wire used for supporting insulated wire of low and medium voltageoverhead service lines shall be efficiently earthed or insulated.

(2) Each stay-wire shall be similarly earthed unless insulator has been placed in it at aheight not less than 3.0 metre from the ground.

7.6.16 Safety and protective devices [Rule 91](1) Every overhead line, (not being suspended from a dead bearer wire and not being

covered with insulating material and not being a trolley wire) erected over any partof street or other public place or in any factory or mine or on any consumer’ spremises shall be protected with a device approved by the Inspector for renderingthe line electrically harmless in case it breaks.

(2) An Inspector may by notice in writing require the owner of any such overhead line wherever it may be erected to protect it in the manner specified in sub-rule (1)

(3) [The owner of every high and extra-high voltage overhead line shall make adequate arrangements to the satisfaction of the Inspector to prevent unauthorised persons from ascending any of the supports of such overhead lines which can be easily climbed upon without the help of a ladder to special appliances, Rails, reinforced cement concrete poles and pre-stressed cement concrete poles without steps, tubular poles, wooden supports without steps, I sections and channels shall be deemed as supports which cannot be easily climbed upon for the purpose of this rule.

7.6.17 Protection against lightning [Rule 92](1) The owner of every overhead line [sub-station or generating station] which is so exposed as

to be liable to injury from lightning shall adopted efficient means for diverting to earth any electrical surges due to lightning.

(2) The earthing lead for any lightning arrestor shall not pass through any iron or steel pipe, but shall be taken as directly as possible from the lightning-arrestor to a separate earth electrode and/or junction of the earth mat already provided for the high and extra high voltage sub-station subject to the avoidance of bends wherever practicable.

Note- A vertical ground electrode shall be connected to this junction of the earth mat7.6.18 Unused overhead lines [Rule 93](1) Where an overhead line ceases to be used as an electric supply line, the owner shall

maintain it in a safe mechanical condition in accordance with rule 76 or shall remove it.(2) Where any overhead line ceases to be used as an electric supply line, an Inspector, may by a

notice in writing served on the owner, require him to maintain it in a safe mechanical condition or to remove it within fifteen days of the receipt of the notice.


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(K)- ANNEXURE

Annexure-1Appendix-III AGREEMENTTHIS AGREEMENT is made this ………………day in…………………………………..…………between……………………………………………………......…………….…of………………………(hereinafter called "< THE UTILITY>") of the other part: and…………………………….……..of…………………………………………………………………. (Herewith called "THE CONSULTANT"), of the other part:

AND WHERAS the Purchaser invited bids for Related Service, viz.,………………………………………………………………………………………....and has accepted a Bid by the Consultant for the supply of those Related Service in the Sum of………………………………………………………………………………………(Hereinafter Called "the Contract Price").

NOW THIS AGREEMENT WITNESSETH AS FALLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract referred to:

2. The following document (Collectively referred to as "Contract Document") shall be deemed to form and be read and construed as part of this Agreement, viz.:i. The Detailed award of Contract;

ii. The Special Conditions of Contract;iii. The General Conditions of Contract';iv. Instruction to Biddersv. The Purchaser's Notification to the Supplier for Award of Contract;

vi. Vendor response (proposal), including the Bid Submission Sheet and the Price Schedules Submitted by the Supplier;

vii. Acceptance of purchaser's notification

In the event of any discrepancy or inconsistency within the Contract documents, then the document shall prevail in the order listed above.

3. In consideration of the payment to be made by the Purchaser to the Consultant as indicated in this Agreement, the Consultant hereby covenants with the Purchaser to provide the Related Services and to remedy defects therein in conformity in all respects with the provisions of the contract.

4. The purchaser hereby covenants to pay the Consultant in consideration of the provision of the Goods and Related Service and the remedying of defects therein, the contract at the time manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of ………………………. On the day, month and year indicated above.

Signed by ……………………………………………………………. (Authorized DiscomOfficial)

Signed by…………………………………………………………………. For the Supplier)


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Annexure-2

FORM OF GUARANTEE BOND FOR 10% SECURITY

In consideration of the Dakshinanchal Vidyut Vitran Nigam Limited (hereinafter called “The DVVNL) having agreed to exempt ……………………………………………………………… (hereinafter, called “The Consultant) from the demand, under the terms and conditions of Agreement date ……………… made between ……….……………….. and ……………………………….. for …………………………… (hereinafter called “the said agreement” of (s) 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 bank guarantee for Rs. …….……………….. (Rupees ………………………………… only) we ……………………………………………. …………………………….. bank ltd., (hereinafter referred to as “the Bank”) do hereby undertake to pay the DVVNL an amount not exceeding Rs. ……………………… against any loss or damage caused to or suffered or would be caused to or suffered by the DVVNL by reason of any breach by said contractor (s) of the terms and conditions contained in the said agreement.

2. We ………………………………………………………. Bank Ltd. do hereby undertake to pay the amounts due and payable under this guarantee without any demur merely on demand from the DVVNL stating that the amount claimed is due by way of loss or damage cause to or would be caused to or suffered by the DVVNL by reason of any breach by the said contractor’s(s) failure to perform the said Agreement. Any such demand made on bank shall be conclusive as regards the amount due and payable by the Bank under the guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding ofRs. …………………………

3. We …………………………………………………………….. Bank Ltd. further agree that the guarantee herein contained shall remain in full force and effected 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 DVVNL under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the DVVNL or their only authorized officer certified that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor (s) and accordingly discharges the guarantee.

4. We …………………………………………… Bank Ltd. further agree with the DVVNL that the DVVNL shall have the fullest liberty without affecting in any manner of obligations hereunder to vary any of the terms and conditions of the said agreement or toe extend time of performance by the said contractor (s) from time to time or to postpone for any time from time to time any of the powers exercisable by the DVVNL against the said contractor (s) and to for bearer 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 or extension (s) being granted to the said contractor or for any for bearance, act or omission on the part of the DVVNL or any indulgence by the DVVNL 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.

5. We …………………………………………….. Bank Ltd., lastly undertake not to revoke this guarantee during its currency except with the previous consent of the DVVNL in writing.


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6. Not withstanding any thing contained above, the liability of the guarantee hereunder is restricted to the said sum of Rs. …………………….. and this guarantee shall expire on the day …………………………………………… and this guarantee shall expire on the day ………………………………….... Of 20 ………. Unless a claim under the guarantee is filled with the guarantor within six months of such date. All claims shall lapse and the guarantor shall be discharged from the guarantee.

7. We …………………………………….. (Name of Bank) lastly undertake to pay to the Government DVVNL any Money so demanded not withstanding any dispute or disputes raised by the consultant in any suit or proceeding pending before any court or Tribunal relating arbitration thereto or 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 there under and the consultant shall have no claim against us for making such payment.

Date ……………………….. day of ……………………………………… 20 ……………..

for …………..………………….. Bank Ltd.


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Annexure-3

FORM OF THE BANK GUARANTEE FOR EARNEST MONEY(To be submitted with Bid Part-I)

(For depositing earnest money in case the amount for deposit exceeds Rs. 5,000 Bank guarantee should be on a non-judicial stamp Paper of Rs. 100.00 or as per present Act and should be checked by the tenderer at the time of issuing the Bank Guarantee for any change in the Stamp value.)

To, MANAGING DIRECTORDAKSHINANCHAL VIDYUT VITRAN NIGAM LIMITEDAGRA

Sir,

WHEREAS, Messers ……………………………………………………… a company incorporated under the Indian Companies Act, its registered office at ………………… ………….……………………… / a firm registered under the Indian Partnership Act and having its business office at ………………………………….. son of ……………………. of Messrs …………………………… at ……………………………..…. / Sri ……………………. …………………………………… son of …………………… resident of ………………… at ……………………….. Sri ………………………………………………………………… son of ……………………………………… resident of ……………………………...………. partners carrying on business under the firm’s name and style of Messrs ……………………. …………………….. at ………………..………………. Which is an unregistered partnership (hereinafter called “The Tender”) has/have in response to your Tender Notice against specification number ………………….. for …..…………………….……… offered to supply and/or execute the works as contained in the Tender’s letter No ……..…………………….

AND WHEREAS the Tenderer is required to furnish you a Bank Guarantee for the sum of Rs. ……………………………. As earnest money against the tenderer’s offer as aforesaid.

AND WHEREAS we ………………………………………………………. (name and full address of the Bank) have at the request of the tenderer agree to give you the guarantee as hereinafter contained.

NOW THEREFORE in consideration of the premises we the undersigned hereby convenant that the aforesaid tender of the tenderer shall remain open for acceptance by you during the period of validity as mentioned in the tender or any extension there of as you and the tenderer may subsequently agreed and if the tenderer shall for any reason back out whether expressly or implied from his said tender during the period of its validity of its validity or any extension thereof as aforesaid, we hereby guarantee to you the payment of sum of Rs. ……………………………………………. On demand notwithstanding the existence of any dispute between the Dakshinanchal Vidyut Vitran Nigam Limited and the tenderer, in this regard AND we hereby further agree as follows:

(a) That you may without affecting this guarantee grant time or other indulgence to or negotiate further with the tenderer in regard to the conditions contained in the said tender and


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hereby modify these conditions or add thereto any further conditions as may be mutually agreed upon between you and the tenderer.

(b) That guarantee hereinbefore contained shall not be affected by any charge in the constitution of our Bank or in the constitution of the tenderer.

(c) That any account settled between you and the tenderer shall be conclusively evidence against us of the amount due hereunder and shall, not be questioned by us.

(d) That this guarantee commences from the date hereof and shall remain in force till the tenderer. If his tender is accepted by you, furnishes the security as required under the said specifications and executes a formal agreement as therein provided or till four months after the period of validity or the extended period of validity, as the case may be of tender whichever is earlier.

(e) Not withstanding anything contained above liability of the Guarantor hereunder is restricted to the said sum of Rs. ……………………….. and this guarantee shall expire on the …………………………… day of …………………. 20 … Unless a claim under the guarantee is filled with the Guarantor within six months of such date, all claims shall laps and the Guarantor shall be discharged from the guarantee.

(f) That the expressions ‘the tender’ and the Bank the Dakshinanchal Vidyut Vitran Nigam Limited herein used shall, unless such Interpretation is repugnant to the subject or context include their respective successors and assigns.

(g) We ……………………………………………………... (Name of Bank) lastly undertake to pay to the (DVVNL) any money so demanded notwithstanding any dispute or disputes raised by the consultant in any suit or proceeding pending before any court or Tribunal relating arbitration there to of liability under the present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the consultant shall have not claim against us for making such payment.


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BID SPECIFICATION FOR THIRD PARTY INSPECTION AGENCY OF …€¦ · Web viewAugmentation of...

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