Beruflich Dokumente
Kultur Dokumente
Table of Forms
Appendix 4 - List of Major Items of Plant and Services and List of Approved Subcontractors ..........15
Letter of Acceptance
[ date ]
This is to notify you that your Bid consisting of the Technical and Price Bids dated [date] for execution
of the [ name of the Contract and identification number, as given in the Contract Data ] for the Contract Price in
the aggregate of [ amounts in numbers and words ] [ name of currency ], as corrected and modified in
accordance with the Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms included in
Section 6 (Employers Requirements) of the Bidding Document
[ Authorized Signature ]
[ Name and Title of Signatory ]
[ Name of Agency ]
Contract Agreement
(On 100/- Rs. Stamp paper duly notarized)
(1) Gujarat Energy Transmission Corporation Ltd, a corporation incorporated under the laws of India and
having its principal place of business at 8th Floor, Sardar Patel Vidyut Bhavan, Race Course,
Vadodara-390007 (hereinafter called the Employer), and (2) [ name of Contractor ], a corporation
incorporated under the laws of [ country of Contractor ] and having its principal place of business at [
address of Contractor ] (hereinafter called the Contractor).
WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver,
install, complete and commission certain Facilities, viz. [ list of facilities ] (the Facilities) and the
Contractor have agreed to such engagement upon and subject to the terms and conditions
hereinafter appearing.
In the event that the amount payable under Schedule No. 1 is adjusted
in accordance with GCC 11.2 or with any of the other terms of the
Contract, the Employer shall arrange for the documentary credit to be
amended accordingly
(a) This Contract Agreement has been duly executed for and on
behalf of the Employer and the Contractor;
(c) The Employer has paid the Contractor the advance payment
(d) The Contractor has been advised that the documentary credit
referred to in Article 2.2 above has been issued in its favor.
Each party shall use its best efforts to fulfill the above conditions for
which it is responsible as soon as practicable.
3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months
from the date of this Contract notification because of reasons not
attributable to the Contractor, the parties shall discuss and agree on an
equitable adjustment to the Contract Price and the Time for
Completion and/or other relevant conditions of the Contract.
Article 4 4.1 The address of the Employer for notice purposes, pursuant to GCC 4.1
Communications is: [ Employer's address ].
4.2 The address of the Contractor for notice purposes, pursuant to GCC
4.1 is: [ Contractor's address ].
Article 5. 5.1 The Appendices listed in the attached List of Appendices shall be
Appendices deemed to form an integral part of this Contract Agreement.
5.2 Reference in the Contract to any Appendix shall mean the Appendices
attached hereto, and the Contract shall be read and construed
accordingly.
IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly
executed by their duly authorized representatives the day and year first above written.
[ Signature ]
[ Title ]
in the presence of
[ Signature ]
[ Title ]
[ Signature ]
[ Title ]
in the presence of
[ Signature ]
[ Title ]
APPENDICES
In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer shall pay the
Contractor in the following manner and at the following times, on the basis of the Price Breakdown
given in the section on Price Schedules. Payments will be made in the currencies quoted by the
Bidder unless otherwise agreed between the parties. Applications for payment in respect of part
deliveries may be made by the Contractor as work proceeds.
In respect of plant and equipment supplied from abroad, the following payments shall be made:
a. Ten percent (10%) of the total CIF amount as an advance payment against receipt of invoice
and an irrevocable Bank Guarantee in favour of the Employer in a standard format prescribed in
the Section-6 (Employers requirements) from any reputed bank of eligible county (as per
Section-5) having correspondent bank in India and acceptable to purchaser valid up to
operational acceptance. The full advance shall be recovered proportionately from supply bills of
up to 80% of ordered quantity. The advance payment security may be reduced in proportion to
the value of the plant and equipment delivered to the site, as evidenced by shipping and
delivery documents.
b. Up to Eighty (80%) including Advance Payment referred at (a) above of the total or pro rata CIF
along with 100% applicable taxes & duties including GST as applicable and related services
pertaining to supply portion upon delivery to Site and acceptance by the employer within Sixty
(60) days after receipt of invoice along with necessary documents as per Clause (B) 2, Payment
Procedure.
c. Ten percent (10%) of the total CIF amount within Sixty (60) days after issue of the Completion
Certificate and on receipt of invoice along with necessary documents as per Clause (B) 2,
Payment procedure.
d. Balance Ten percent (10%) of the total CIF value as evidenced by the Employers authorization
of the Contractors monthly/periodically applications, only after finalization of material account
and passing of final bill .The contractor has to submit the final bill along with the material
consumption statement and other required data of the work carried out within 3 months from the
date of completion of work and upon issue of the Operational Acceptance Certificate, within
Sixty (60) days after receipt of invoice and submission of Equipment Performance bank
guarantee..
Schedule No. 2 - Plant and Equipment Supplied from within the Employers Country
In respect of plant and equipment supplied from within the Employers country, the following
payments shall be made:
a. Ten percent (10%) of the total EXW amount as an advance payment against receipt of invoice
and an irrevocable Bank Guarantee in favour of the Employer in a standard format prescribed in
the Section-6 (Employers requirements) from any reputed bank of eligible county (as per
Section-5) having correspondent bank in India and acceptable to purchaser valid up to
operational acceptance. The full advance shall be recovered proportionately from supply bills of
up to 80% of ordered quantity. The advance payment security may be reduced in proportion to
the value of the plant and equipment delivered to the site, as evidenced by shipping and
delivery documents.
b. Up to Eighty (80%) including Advance Payment referred at (a) above of the total or pro rata
EXW amount along with 100% applicable taxes & duties including GST as applicable and
related services pertaining to supply portion upon delivery to Site and acceptance by the
employer within Sixty (60) days after receipt of invoice along with necessary documents as per
Clause (B) 2, Payment Procedure.
c. Ten percent (10%) of the total EXW amount within Sixty (60) days after issue of the
Completion Certificate and on receipt of invoice along with necessary documents as per
Clause (B) 2, Payment procedure.
d. Balance Ten percent (10%) of the total EXW value as evidenced by the Employers
authorization of the Contractors monthly/periodically applications, only after finalization of
material account and passing of final bill .The contractor has to submit the final bill along with
the material consumption statement and other required data of the work carried out within 3
months from the date of completion of work and upon issue of the Operational Acceptance
Certificate, within Sixty (60) days after receipt of invoice and submission of Equipment
Performance bank guarantee.
In respect of installation services for both the foreign and local currency portions, the following
payments shall be made:
a. Ten percent (10%) of the total installation and other services amount excluding applicable
local taxes on installation & other services and related services pertaining to supply as an
advance payment against receipt of invoice and an irrevocable Bank Guarantee in favour of
the Employer in a standard format prescribed in the Section-6 (Employers requirements)
from any reputed bank of eligible county (as per Section-5) having correspondent bank in
India and acceptable to purchaser valid up to operational acceptance. The full advance shall
be recovered proportionately from bills against installation & other services of up to 80% of
ordered quantity The advance payment security may be reduced in proportion to the value of
work performed by the Contractor as evidenced by the invoices for installation services.
b. Up to Eighty (80%) including Advance Payment referred at (a) above of the measured value
of work performed by the Contractor along with 100% applicable taxes & duties including
GST as applicable, as identified in the said Program of Performance, during the preceding
month/period, as evidenced by the Employers authorization of the Contractors application,
will be made monthly/periodically within Sixty (60) days after receipt of invoice.
c. Ten percent (10%) of the total value of installation services performed by the Contractor as
evidenced by the Employers authorization of the Contractors monthly applications, upon
issue of the Completion Certificate, within Sixty (60) days after receipt of invoice.
d. Ten percent (10%) of the total value of installation services performed by the Contractor as
evidenced by the Employers authorization of the Contractors monthly/periodically
applications, only after finalization of material account and passing of final bill .The contractor
has to submit the final bill along with the material consumption statement and other required
data of the work carried out within 3 months from the date of completion of work and upon
issue of the Operational Acceptance Certificate, within Sixty (60) days after receipt of invoice
and submission of Equipment Performance bank guarantee.
12.3 Interest@6% per annum shall be paid in case of late payment attributable to Employer.
The procedures to be followed in applying for certification and making payments shall be as follows:
Payment shall be as per contract price schedule agreed based on unit rate. The final price schedule shall
be based on approved drawings & BOQ.
In case of payment through Letter of Credit, the successful bidder is solely responsible for payment of all
LC related charges and expenses including LC opening charges, negotiation, LC extension, LC
amendment etc. etc. and any other formalities including payment thereof.
As per the Welfare Cess Act, India; the welfare cess @ 1% is applicable on supply and erection
items for supply, erection, testing & commissioning of substation, transmission lines, EPC/Turnkey
projects and civil works. The welfare cess@1% shall be paid by the contractor and the same shall be
reimbursed by employer on production of documentary evidence of payment
Contractor shall get registered under Welfare Cess Act before commencement of work. At present,
office of the Factory Inspector is authorized as a registering authority.
EMPLOYER shall pay the welfare cess by way of reimbursement to contractors on production of
documentary evidence of payment.
The contracts for which supply or part supply of material are in the scope of EMPLOYER, then
contractors shall deposit welfare cess including estimated cost of items supplied by EMPLOYER on
progressive basis of utilization. Welfare cess is on EMPLOYER account, the same shall be
reimbursed to the contractor on receipt of request letter along with documentary evidence of
payment. For calculation of welfare cess on supply part, valuation as per Material Requisition (MR)
of Employer shall be taken. The contractor has to make payment based on Material Requisition (MR)
value. This welfare cess will be over and above the A/T value.
The welfare cess@1% is not considered in the estimate for this project and therefore, bidders are
requested not to load welfare cess in the price schedules as welfare cess@1% is on reimbursement
basis.
On receipt of A/T, the contractor will get them registered under Welfare Cess Act and submit the
documentary evidence to the concern office.
Before release of payment of first R.A.Bill, the contractor has to submit the documentary evidence of
registration. Only thereafter, the bill will be processed for payment.
Before release of payment of subsequent R.A.Bills, the contractor has to submit the documentary
evidence of payment of welfare cess of previous R.A.Bill.
Before release of payment of Final Bill, the contractor has to submit the documentary evidence of
payment of welfare cess of previous R.A.Bill as well as of this final bill.
If the R.A.Bill happens to be first and final bill, then before release of payment, contractor has to
submit documentary evidence of registration under Welfare Cess Act and evidence of payment of
welfare cess.
The welfare cess shall be reimbursed to the contractor on submission of copy of documentary
evidence of payment by observing due formalities.
`
Each such application shall state the amount claimed and shall set forth in detail, in the order of the
Payment Schedule, particulars of the Works including the Works executed at Site and of the equipment
shipped/brought on to the site pursuant to the Contract up to the date mentioned in the application and
for the period covered since the last preceding certificate, if any.
Every interim payment certificate shall certify the Contract value of the Works executed up to the date
mentioned in the application for the payment certificate, provided that no sum shall be included in any
interim payment certificate in respect of the works that, according to the decision of the Engineer, does
not comply with the Contract.
2. Mode of Payment
Payment due on receipt of equipment/ material at site shall be made by the Employer as per KFW
procedures through Employers Bank to the Contractor as per the payment schedule.
The payment of test charges, if any, payment, taxes and duties (whenever admissible) inland
transportation (including port handling), insurance and the erection portion of the Works shall be made
direct to the Contractor by the Employer.
All payments under the Contract shall be made as stipulated in the Special Conditions of Contract after
signing the Contract Agreement. The payments linked with the dispatch of materials shall only be made
after production of all dispatch documents as specified below:-
Details of shipping and documents to be furnished by the Supplier shall be: For Goods supplied from
abroad as per Incoterms CIF :
Upon shipment, the Supplier shall notify the Employer and the Insurance Company by e-mail/fax, the full
details of the shipment including Contract number, description of Goods, quantity, the vessel name, the
bill of lading number and date, port of loading, date of shipment, port of discharge, etc. The Supplier shall
send the following documents to the Employer, with a copy to The Insurance Company:
a) Three copies of the Suppliers invoice showing the description of the Goods, quantity, unit price,
and total amount;
b) Original and Two copies of the negotiable, clean, on-board bill of lading marked freight prepaid
and Three copies of non-negotiable bill of lading;
c) Three copies of the packing list identifying contents of each package;
d) Insurance certificate;
e) Manufacturers or Suppliers warranty certificate;
f) Inspection certificate, issued by the nominated officer / inspection agency, and the Suppliers
factory inspection report; and
g) Certificate of origin.
h) Acceptance Certificate (Store Receipt Note) from site.
The Employer shall receive the above documents at least one week before Arrival of the Goods at the
port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses
incurred.
For Goods from within the Employers country as per Incoterm EXW.
Upon delivery of the Goods to the transporter, the Supplier shall notify the Employer and send the
following documents to the Employer:
a) Three copies of the Suppliers invoice showing the description of the Goods, quantity, unit price,
and total amount;
b) Delivery note and Original L.R. Copy and Acceptance Certificate (Store Receipt Note) from site;
c) Manufacturers or Suppliers warranty certificate;
d) inspection certificate issued by the nominated officer / inspection agency, and the Suppliers
factory inspection report; and
e) Certificate of origin.
The Employer shall receive the above documents at least one week before Arrival of the Goods at the
port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses
incurred.
Progressive payments linked with erection shall only be made after the issue of certificates by the Project
Engineer, one for the quantum of work completed and the other for the successful completion of quality
check points involved in the quantum of work billed.
Inland transportation (including port handling) and inland insurance charges shall be paid to the Contractor
on pro-rata to the value of the equipment received at site and on production of the invoices by the
Contractor. However, wherever equipment wise inland transportation charges have been called for in the Bid
Proposal Sheets and have been furnished by the Contractor, the payment of inland transportation charges
shall be made after receipt of equipment at site based on the charges thus identified by the Contractor in his
Proposal and incorporated in the Contract. The aggregate of all such pro-rata payments shall however not
exceed the total amounts quoted by the Bidder in his bid and incorporated in the Contract.
In accordance with the provisions of GCC Clause 34, the Contractor shall at its expense take out and
maintain in effect, or cause to be taken out and maintained in effect, during the performance of the
Contract, the insurances set forth below in the sums and with the deductibles and other conditions
specified. The identity of the insurers and the form of the policies shall be subject to the approval of
the Employer, such approval not to be unreasonably withheld.
Details:
The Employer shall be named as co-insured under all insurance policies taken out by the Contractor
pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability, Workers Compensation and
Employers Liability Insurances, and the Contractors Subcontractors shall be named as co-insureds
under all insurance policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1, except for
the Cargo, Workers Compensation and Employers Liability Insurances. All insurers rights of
subrogation against such co-insureds for losses or claims arising out of the performance of the
Contract shall be waived under such policies.
The Employer shall at its expense take out and maintain in effect during the performance of the
Contract the following insurances.
Details:
- NIL -
Sl. No. Completion (Taking Over) of: Duration in days from the
effective date of Contract
Appendix 4 - List of Major Items of Plant and Services and List of Approved
Subcontractors
The following Subcontractors and/or manufacturers are approved for carrying out the item of the
facilities indicated. Where more than one Subcontractor is listed, the Contractor is free to choose
between them, but it must notify the Employer of its choice in good time prior to appointing any
selected Subcontractor. In accordance with GCC Sub-Clause 19.1, the Contractor is free to submit
proposals for Subcontractors for additional items from time to time. No Subcontracts shall be placed
with any such Subcontractors for additional items until the Subcontractors have been approved in
writing by the Employer and their names have been added to this list of Approved Subcontractors.
All personnel, facilities, works and supplies will be provided by the Employer in good time so as not to
delay the performance of the Contractor, in accordance with the approved Time Schedule and
Program of Performance pursuant to GCC Sub-Clause 18.2.
Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of charge
to the Contractor.
On completion of work the Contractor shall hand over the land duly cleaned to the Engineer. Until and
unless the Contractor has handed over the vacant possession of land allotted to him for the above
purpose, the payment of his final bill shall not be made.
The concerned EE (Const.) shall apply for 11KV Transformer Center at the site of new Substation and
for which concerned DISCOM shall erect the required line and install the transformer Center, for which,
the cost is to be borne by EMPLOYER. Subsequently, the Agency finalized for EPC contract by
EMPLOYER, shall apply for temporary connection to the concerned DISCOM Sub-Division paying
required Service Charges and Deposit. Such temporary connections to be released on the name of EPC-
Contractor on recommendation of the concerned EE(Const.). The power so consumed shall be charged
at the prevailing tariff rate.
Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to
prepare, and present to the Project Manager in accordance with the requirements of GCC Sub-
Clause 18.2 (Program of Performance), the following documents for
(A) Approval
(B) Review
(b) the preconditions to the validity of the functional guarantees, either in production and/or
consumption, set forth below
(d) the formula for calculation of liquidated damages for failure to attain the functional
guarantees.
2. Preconditions
The Contractor gives the functional guarantees (specified herein) for the facilities, subject to the
following preconditions being fully satisfied:
Visual inspection of total system.
Checking of continuity of power and control cables.
Checking of insulation by secondary injection or by primary injection.
Calibration of meters by secondary injections or by primary injection.
Checking of protective schemes.
Setting of relays and the checking of their operation with one lower and one higher
setting.
Checking of control scheme of breakers, etc. as per approved drawing and as per
actual requirement.
Checking of alarm and as per actual simulation of faults.
Checking of nameplate data of complete system.
Verification and measurement of earthing resistance.
Checking of cable terminations and laying, dressing etc. in the equipment kiosk and
control panels.
Checking of safe accessibility of components.
o All the equipments and materials shall be passed through checks and test as
per approved Field Quality Plan.
o The insulation resistance test shall be carried out on the following equipments.
EHV installation - by 5000 V Megger
HV installation above 11 KV - by 2500V Megger
Power circuit of voltage up to 1KV- by 1000 V Megger
A.C. & D.C. auxiliary circuits - by 500 V Megger
The contractor has to do all commissioning activities under direct supervision of OEM/Supplier only
for Isolators/Breaker/Pantograph Isolators.
All the equipments and materials shall be passed through checks and test as per approved Field
Quality Plan.
The following list of selected environmental requirements is indicative and does not relieve the Contractor
from the obligations to fulfill all requirements resulting from the ESMP provided to him upon approval of the
design of works. Furthermore, the Contractor remains obliged to elaborate and submit for approval a detailed
site environmental plan and an environmental monitoring plan in accordance with the provisions of the SCC,
Clause 46.
The following requirements are the responsibilities of the contractor. The list is indicative and does
not relieve the Contractor from the obligations to fulfil all requirements resulting from the ESMP
provided to him upon approval of the design of works. Furthermore, the Contractor remains obliged
to elaborate and submit for approval a detailed site environmental plan and an environmental
monitoring plan in accordance with the provisions of the SCC, Clause 47.
i. Providing first aid and emergency medicines at the construction site and at all labor
camps.
This would include developing terraces, providing retaining structures, plantation, drainage
and such other measures that are required as per local regulatory authorities and
environmental staff of GETCO
Compliance of pollution norms and acts & rules in this regard for all vehicles, machinery,
equipments, tools & plant and DG sets. This will include batching plants.
5. Noise Control
Compliance of all Acts, Rules, Regulations and Norms in this regard including providing air
plugs/muffles including providing diaphragm walls around generators, crushers etc.
Compliance of all Acts, Rules, Regulations and Norms in this regard. To ensure proper
disposal of all wastes including discharge from tunnels during construction. To control
spillage of fuel, POL and also to ensure not to pollute/contaminate the water resources.
7. Recreational Facilities
The contractor shall provide outdoor and indoor recreation facilities for his employees and
those of his sub-contractors.
The expenditure on all of the above will have to be borne by the contractor and no claim
shall be entertained.