TENDER NOTICE NO. NESCO/ CAPEX/SUPPLY & INSTALLATION ...

North Eastern Electricity Supply Company of Odisha 

Limited (NESCO) 

*********************************************** 

TENDER NOTICE NO. 

NESCO/ CAPEX/SUPPLY & INSTALLATION 

/ 15 Dt..21.01.13 

GROUP A: Turnkey work (Supply & Erection 

of Electrical items) 

GROUP B : Supply & Installation of Earthing 

for S/S , Capacitor Bank , PSC Pole 

& DTR Metering. 

GROUP C: Supply of 1Ph. Phase Energy Meter, 

HT & LT Accucheck 

DATE OF OPENING OF TENDER: 25.02.13 

 

 

TIME OF OPENING OF TENDER: 3.30 PM 

PLACE: Corporate Office, NESCO, Januganj, 

Balasore – 75601 

T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 1

NORTH EASTERN ELECTRICITY SUPPLY COMPANY OF ODISHA (NESCO) 

CORPORATE OFFICE, JANUGANJ, BALASORE -756019 , PH. 06782 269864, FAX.06782 263259, 

E mail: purchase@nescoorissa.com 

INDEX 

SECTION NO 

DESCRIPTIO 

PAGE NO 

TENDER NOTICE 

N 

3-4 

SECTION-I INVITATION FOR BIDS (IFB) 5-12 

SECTION-II INSTRUCTION TO BIDDERS (ITB) 13-22 

SECTION-III GENERAL TERMS & CONDITIONS OF CONTRACTS (GTCC) 23-50 

SECTION - IV 

TECHNICAL SPECIFICATIONS FOR GROUP-A ( 1-342), GROUP-B (1-76) 51 

& GROUP – C(1-67) (Refer separate file for each group) 

SECTION-V ANNEXURES (Gr. A & Gr. B) 52 

ANNEXURE-I BID PROPOSAL LETTER 53-58 

ANNEXURE-II DECLARATION FORM 59 

ANNEXURE-III PBG FORMAT 60-62 

ANNEXURE-IV BANK GUARANTEE FOR ADVANCE PAYMENT 63-65 

ANNEXURE-V POWER OF ATTORNEY FOR JOINT VENTURE 66-67 

ANNEXURE-VI JOINT VENTURE AGREEMENT 68-73 

ANNEXURE-VII (A&B) LETTER OF COMPLIANCE 74-79 

ANNEXURE-VIII COMMERCIAL DEVIATIONS 80 

ANNEXURE-IX TECHNICAL DEVIATIONS 81 

ANNEXURE-X ADDITIONAL INFORMATION 82 

ANNEXURE-XI BOUGHT OUT AND SUB CONTRACT 83 

ANNEXURE-XII WORKS COMPLETION SCHEDULE 84 

ANNEXURE-XIII CHECK LIST 85-86 

ANNEXURE-XIV PROFORMA FOR INDEMENITY BOND 87-89 

ANNEXURE-XV SELF DECLARATION FORM 90 

ANNEXURE-XVI (A&B) PROFORMA FOR BG FOR EANEST BANK 

GUARANTEE & EXTENTION THEREOFF 

91-93 




TENDER NOTICE 

Tender Notice No. NESCO/CAPEX/INSTALLATION/15 , Dated: 21.01.13 

For and on behalf of North Eastern Electricity Supply Company of Orissa Ltd. (NESCO), 

the undersigned invites sealed bids in duplicate on two part bidding system from qualified and 

eligible bidders, having valid HT Electrical License for Turnkey works under Group-A & Group-B and 

reputed manufacturers for Group C items under 

CAPEX Scheme , who comply with the terms and 

conditions for the following works to be executed in the NESCO area in the State of Odisha . 

The tender document will be available from this office during office hours on working days or from the 

website of NESCO i.e www.nescoorissa.com on payment in shape of Bank Draft in favour of NESCO Ltd. , 

Balasore as per below scheduled. 

Item Sl. 

No. 

Group 

Group-A 

1 

Item Description 

Estimated 

Cost 

Balasore Electrical Division 

(Rs. in Cr.) 

( Turnkey Package-I) 2.06 

2 Anandapur Electrical Division 

( Turnkey Package-II) 

3 Joda Electrical Division 

( Turnkey Package-III) 

4 Keonjhar Electrical Division 

( Turnkey Package-IV) 

Group - B 1 Supply & Installation of Earthing of Substation 

at different location 

2 Supply and Erection of 11 KV Capacitor 

Bank at different location 

3 Supply & Installation of PSC pole against 

replacement at different location 

6.54 

3.60 

3.20 

1.84 

0.75 

i) 8m x200 Kg. PSC Pole 1.74 

ii) 9m x300 KG PSC Poles 1.3 

EMD 

@1% of the 

total offered 

price 

@1% of the 

total offered 

price 

4. Supply & Installation of DTR metering 8.0 

for 25 KVA Transformer & Below . 

Group-C 1 

2 

Supply of Single Phase Energy Meter 

Supply of HT & LT Accucheck 

21.2 

1.95 

@1% of 

the total 

offered 

price 

Cost of Bid 

document 

Rs.15,000.00 

+ VAT@5% 

( non - 

refundable) 

Rs.10,000.00 + 

VAT@ 5% 

( non - 

refundable) 

Rs.15,000.00 

+ VAT@ 5% 

T . N : N E S C O / C A P E X / S U P P L Y & I N S T A L L A T I O N / 1 5 , D T D . 21. 0 1 . 1 3 Page 3 

( non - 

refundable)

TIME SCHEDULES:- 

1 Sale of Tender Documents: 

Dt.24.01.13 to Dt.21.02.13 up to 5.0 PM 

2 Pre-Bid Discussion At 11.0 AM of 14.2.13 for Gr. A , Dt.15.2.13 

for Gr.B & Dt. 16.2.13 for Gr.C 

4 The Last Date & Time of receipt of Tenders Dt. 24.02.13 up to 5.0 PM 

5 Date & Time for Opening of Tender 

i)Techno- Commercial Bid 

ii) Price Bid 

Dt.25.02.13 at 3.30 PM 

08.03.13 at 10.30AM (tentative) 

NB : i) In the event the date of submission of tender is a holiday / Sunday the next immediate 

working day up to 2.0 PM may be considered. 

ii) In the event the date of opening is a holiday, the next working day shall be treated as the 

date of opening 

The intending bidders can also download the tender document from our website 

www.nescoodisha.com. However the bidder has to furnish a Demand Draft drawn on any 

Scheduled Bank in favour of “North Eastern Electricity Supply of Orissa Ltd” payable at 

Bhubaneswar for the cost of the Tender Paper indicated above, along with his bid, failing of 

which the bid will be rejected outright. In the event of any specified date for the sale, submission or 

opening of bids being declared as holiday for NESCO, the bids will be sold / received / opened 

up at the appointed time on the next working day. NESCO also reserves the right to accept or 

reject any or all tenders without assigning any reason thereof, if the situation so warrants. 

For detail Tender Specification & Terms and Conditions, please visit our website 

www.nescoodisha.com 

Dy. General Manager (Purchase & Store) 

NESCO, Balasore, Odisha 


SECTION – I 

INVITATION FOR BIDS (IFB) 

TENDER NOTICE NO: NESCO/CAPEX/ SUPPLY & 

INSTALLATION/15 

Date: 21.01.13 


GROUP A & B 



1.0 NESCO invites sealed tenders from qualified and eligible bidders, having valid HT 

Electrical License for Turnkey works under Group-A & Group-B with required license, either 

in individual capacity or as part of a joint venture agreement / consortium for 

carrying out various Electrical Installation works on „Turnkey‟ basis in the jurisdiction of 

their respective licensed area . The bidder must fulfill all the qualification requirements 

as specified in clause 2.0 stated below. The sealed envelopes shall be duly super scribed 

as “TENDER NOTICE No: NESCO/CAPEX / SUPPLY & INSTALLATION / 15, 

Dated 21.01.13 , Due date of opening 25.02.13 . 

2.0 Bidders to be considered as eligible (to bid) should meet the following qualifications for 

Group A & B : 

(a) Bidder may quote for any one package or for multiple packages; however, bidder 

must quote for the entire quantum of works specified under each such package(s). 

(b) The bidder should have installed and commissioned the quantum of work as specified 

with respect to qualifying criteria (Work experience) 

(i) For construction/up-gradation of any no. of 33/11 KV Sub-Station(s), the bidder(s) 

should have executed/up-graded at least one no. of 33/11 KV Sub-Station. 

(Note: This is applicable only where the scope involves for construction/up- 

gradation of 33/11 KV Sub-Station.) 

(ii) For construction/up-gradation/renovation of 33 KV & 11 KV OH Lines taken 

together, the bidder(s) should have executed/upgraded/renovated at least 50% of the 11 

KV and higher voltage lines. 

(Note: Where the scope of works for said line works together exceeds 150 Kms in 

one package, the qualifying works experience shall be limited to 75 Km.) 

(iii) For construction/up-gradation/renovation of 11/0.4 KV S/S, the bidder (s) should 

have executed/upgraded/renovated at least 5 no. of 11/0.4 KV S/S and higher voltage S/S. 

(iv) For construction/up-gradation of LT line, the bidder(s) should have executed/upgraded 

at least 10 Kms of LT Lines or 5 Kms of HT Line. 

v) The bidder should furnish the similar work experience for Supply & Installation of 

Earthing of Sub-station, Capacitor Bank , replacement of damage pole by new PSC poles 

and DTR metering. 


Division 

TABLE - A 

PACKAGE WISE MINIMMUM QUALIFYING REQUIREMENTS - NESCO 

Construction of 

Construction of 

New/Up- LT Lines/AB Construction of 

New/Upgradation/Renovati 

Cabling/Higher New/Up-gradation 

gradation 33/11 

on of 11 Kv Line or Voltage Lines in of 11 Kv Sub- 

Kv Sub-Station 

higher Voltage in 

Km 

Station in Nos. 

in Nos. 

Km 

Balasore Electrical 

Division 0 38 

Anandapur Electrical 

Division 

0 75 

Joda Electrical 

Division 0 54 

Keonjhar Electrical 

Division 0 

10 Km. LT line or 

5 Km. HT Line 

10 Km. LT line or 5 

Km. HT Line 

10 Km. LT line or 

5 Km. HT Line 

48 10 Km. LT line or 

5 Km. HT Line 

5 No. 11/0.4 KV 

S/S 

5 No. 11/0.4 KV 

S/S 

5 No. 11/0.4 KV 

S/S 

5 No. 11/0.4 KV 

S/S 

“The bidder must have executed the quantum of work as mentioned in the Table A above during the 

last three financial years preceding to the year of tender notification and should have successful 

operation of minimum period of one year. Bidder must enclose copies of the relevant work orders 

along with client certified copies of Final Invoices and/or Performance Certificates dully signed by 

the competent authority of the client and/or Final Inspection certificate issued by Electrical 

Inspector in proof of having executed the desired quantum of works during the last three financial 

years.” 

(c) If the bidder(s) participate in multiple packages, the qualifying requirement for work 

experience shall be considered /evaluated independently/separately for each package. 

However, the qualifying requirement for Turn Over shall be added together to 

qualify the Turnover requirement for each package(s). 

No bidder shall be awarded work order for more than Two (2) Packages 

irrespective of nos. of packages for which he has submitted the bid. 

(d) The minimum average Annual Turnover of the bidder in any best three financial years 

out of last five financial years should not be less than 50% of the estimated value of all 

the items quoted by the bidder(s). 

(e) Bidder shall be financially sound and stable having liquid assets as stated in the 

enclosed format and/or access to credit facility of not less than one fifth of estimated cost 

of the package(s) for which he has submitted the bid. 


NB: 

1) Only cash at bank / in hand & fixed deposit mentioned 3 in the audited 

balance sheet of last FY shall be considered for accessing the Liquid Asset. 

2) The average unutilized credit limit during the month prior to the month of 

bidding shall be considered to access the credit facility. 

(f) Two or more like minded contractor(s) and/or manufacturer(s) of electrical items, 

which are under scope of supply of the contractor as per this tender specification, may 

form a joint venture/ consortium agreement amongst themselves and apply against this 

tender specification, provided they qualify the criteria. The sample format of joint venture 

/ consortium agreement is enclosed at Section – V of this tender specification as 

Annexure - VI. 

NOTE: 1) Joint Venture/Consortium Partner shall be limiting to 04 (Four) Members. 

2) One of the Members shall be a Electrical Contractor having valid HT License. 

3) Work Order shall be issued in favour of the Lead Partner only 

However, if the bidder is quoting against one or more package(s) in his individual 

capacity, he cannot be a part of joint venture / consortium agreement to participate in 

same package(s) as notified against this tender specification & vice versa. 

(g) If the work experience of one partner is not meeting the entire qualifying criteria, the 

work experience of the other partner (s) specified in the scope of work shall be added 

for qualifying the bid in total. 

Lead Partner shall have minimum 50% of Turn Over & 50% of work 

experience and other partner(s) together shall have balance 50% Turn over & 

Work experience. 

(h) One of the partners shall be nominated as Lead Partner and the lead partner shall be 

authorized to incur liabilities and receive instructions for and on behalf of all partners of 

the joint venture / consortium and entire execution of the contract including receipt of 

payments shall be done exclusively through the lead partner. This authorization shall be 

evidenced by submitting by a Power of Attorney signed by legally authorized signatories 

of all partners. 

(i) All partners of joint venture / consortium shall be liable jointly and severally for the 

execution of contract in accordance with the contract terms and a copy of the agreement 

entered into by the joint venture / consortium partners having such a provision shall be 

submitted with the Bid. A statement to this effect shall be included in the authorization 


mentioned as above as well as in the Bid form and in Contract form (in case of a 

successful bid). 

(J) a) In addition to above the bidder(s)/Lead Partner of the bidder(s) should submit 

the following documents in part-I bid as qualifying terms. 

i. Valid electrical (HT) license for electrical works. 

ii. EPF registration 

iii. PAN & TIN No. 

b) The bidder(s)/Lead Partner of the bidder(s) shall have to furnish service tax 

registration, ESI and Labor license within 45 days of receipt of the order. 

(k) The bidders who have earlier failed to execute the work order(s) of NESCO shall not be 

eligible to participate in this tender. 

(l) NESCO reserves the right to waive minor deviation, if they do not materially affect the 

capacity of the bidder to perform the contract. 

3.0 Bids specification document can be obtained from the office of the undersigned on 

payment of Rs. 15,000/- plus 5 % VAT (Total Rs. 15,750/-) for Group A & Rs. 

10,000/- plus 5% VAT ( Total Rs. 10500/-) for Group B towards non-refundable cost of 

bid documents through Bank DD drawn in favour of “North Eastern Electricity 

Supply Company of Orissa Ltd.” payable at Balasore, during office hours 

till 21.02.13 upto 5.0 PM . 

GROUP C 

4.0 For and on behalf of the NESCO, the undersigned invites bids under two part bidding system 

in sealed cover in duplicate duly superscribed with tender Notice no- 

NESCO/CAPEX/SUPPLY & INSTALLATION/15,Date: 21.01.13 from the reputed 

manufacturers only for design, manufacture, supply, testing, inspection, , transportation 

including guaranteed obligation for supply of Materials under Group C : Single Phase 

Energy Meter and HT & LT Accucheck . 

4.1 Submission of the Bids: 

4.11 The Bidders are required to submit a detailed and comprehensive bid, consisting of Technical 

and Commercial Proposal and conditions / schedule of non-compliance, if any. The 

submission of the Bids shall be in the manner specified in the instruction to Bidders. The due 

date of submission shall be 24.02.13 up-to 5.0 PM. 

4.12 NESCO will not be responsible for any costs or expenses incurred by bidders in connection 

with the preparation and delivery of bids. 


4.13 Tender will be summarily rejected if: 

(i). 

Earnest Money deposit @ 1% (Two percent) of the Tender value is not deposited in 

shape of Bank Draft in favor of North Eastern Electricity 

Supply Company of 

Odisha Ltd., payable at Balasore. The EMD already submitted against previous 

Tenders, if any, will not be adjusted towards Bid Security against this Tender. 

(ii). The offer does not contain “FOR, Balasore store/ Jajpur Road store price indicating 

break-up towards all taxes & duties”. 

(iii). Complete Technical details are not enclosed. 

(iv). Tender is received after due time due to any reason. 

4.14 Qualification Criteria:- 

The prospective bidder must qualify all of the following requirements to be eligible to 

participate in the bidding. 

a) The bidder must be a manufacturer of energy meters. The manufacturer must have 

valid BIS certificate for manufacturing of meters. 

b) The bidder should have have successfully carried out Type Test on similar type of 

meter from any NABL Accredited Laboratory. The said Type Test report should not be 

prior to 3 (Three) years prior to the last date of submission of the Technical bid. 

c) Bidder must quote for at least 50% of the tender quantity. 

d) The bid shall be accompanied by user‟s certificate from any Distribution Utility/ 

Reputed Private Organization/ State Govt./ Central Govt. or their undertaking(s) in 

support 

of satisfactory performance of their above materials supplied earlier to them. 

The bidder should enclose copies of purchase orders & performance 

certificates from above users as proof of successful operation in field. 

4.15 Bids specification document can be obtained from the office of the undersigned on 

payment of Rs. 15,000/- plus 5 % VAT (Total Rs. 15,750/-) for Group C towards nonrefundable 

cost of bid documents through Bank DD drawn in favour of “North 

Eastern Electricity Supply Company of Orissa Ltd.” payable at Balasore, during 

office hours till 21.02.13 upto 5.0 PM. 

4.16 Financial: 

The minimum average annual turnover of the intending bidder should not be less than two 

times of the estimated cost of the quantity offered by the bidder during best three financial 

years out of immediate past 5 financial years. 

Sl. 

No. 

Description of Materials 

Minimum Qualifying requirement for 

100% Tender quantity (Rs. in Cr.) 

1 Single Phase Meter (Optical port) 42.0 

2 Supply of HT & LT Accucheck 4.0 


NB: Bidders offering multiple items must meet the sum of minimum turn over requirements 

of above items as indicated above. Accordingly bidders must furnish self attested audited 

Annual Accounts of past 3 best financial year / 5 years to establish their Turnover 

requirement. 

5.0 Project Completion Schedules & EMD : 

Description 

Date 

Issue of LOI / Purchase Order Within 30 days from the date of opening of price bid (tentative). 

Supply completion 

Supply to be completed in a phased manner within 180 days 

from the date of LOI or Purchase Order which ever is earlier. 

Cost of Tender Paper 

(Non-Refundable) 

Amount of E.M.D payable 

Rs. 15750.00 (Rupees fifteen thousand Seven hundred fi ft y only 

including VAT@5%) for Gr.A & Gr.C and Rs. 10500 ( Rupees ten 

thousand Five hundred only including VAT@5% ) in shape of 

Account Payee demand draft issued in favour of the North Eastern 

Electricity Supply Company of Odisha Ltd payable at 

Balasore 

1% of total offered price in Group wise in shape of account payee 

demand draft / Bank Guarantee in favour of the “North Eastern 

Electricity Supply Company of Odisha Ltd. 

6.0 The tender documents can also be downloaded from any of the following websites 

www.nescoodisha.com. In case tender papers are downloaded from these websites, then 

the bidder has to enclose a Demand Draft, drawn on any Scheduled bank in favour of 

“North Eastern Electricity Supply Company of Orissa Ltd. payable at Bhubaneswar, 

covering the cost of bid documents as stated above in a separate envelope with suitable 

superscription “Cost of Bid Documents: Tender Notice No.: …………………”. This 

envelope should accompany the Bid Documents. 

7.0 The Bids shall be submitted in complete shape separately in sealed 

envelop for each Group and received in the office of the undersigned on all 

office working days up to 5.0 PM of Date 24.02.13. In the event the date of opening is 

a holiday, the next working day shall be treated as the date of opening 

8.0 Part-I of the bid (Technical Bid) will be opened on Dated 25.02.13 at 3.30 PM as 

indicated above, in the presence of the authorized representatives of the Bidders. Bidders 

shall depute only one representative to attend pre bid meeting and tender opening if 

theywish to be represented. The undersigned reserves the right to reject any or all 

tenders if the situations so warrants. 


8.0 NESCO reserves the right to cancel, postpone, withdraw the invitation for Bids without 

assigning any reason thereof and shall bear no liability whatsoever consequent upon such a 

decision if the situation so warrants. 

9.0 All correspondence with regard to the above shall be made to the following address: 

CAPEX CELL 

NESCO, Corporate Office, Januganj, 

Balasore-756019, ODISHA 

Ph. No.06782 269864 , Fax: 06782 263259 

Email: purchase@nescoorissa.com 

Dy. General Mamager (P&S) 

NESCO, Balasore , Odisha 


SECTION – II 

INSTRUCTION TO BIDDERS (ITB) 

TENDER NOTICE NO: NESCO/CAPEX/ SUPPLY & 

INSTALLATION/15 

Date: 21.01.13 


SECTION –II 

INSTRUCTION TO BIDDERS (ITB) 

1.1 NESCO hereinafter referred to as the “Owner” is desirous of execution various electrical 

works through Turnkey for supply and installation of electrical items (Package I to IV) under 

Group-A, Supply & Installation of Earthing of Sub-station, Capacitor Bank, PSC Poles,DTR 

Metering under Group-B and procuring Single Phase Static Energy Meters with LCD Display 

& Optical Port & HT & LT Accucheck under Group – C , to be installed under the CAPEX 

Programme within their respective licensed area in the state of Orissa . 

2. SCOPE OF WORK: 

2.1 The scope shall include Design, Drawing, Construction , procurement , Manufacture, and 

Shop Testing at works conforming to the Technical Specifications enclosed along with 

Packing, Forwarding, Freight and Insurance and Unloading and proper stacking at 

Purchaser‟s stores including guaranteed obligation of complete supply of materials in 

conformity to the technical specification enclosed herewith in Section – IV. 

3. DISCLAIMER: 

3.1 This Document includes statements, which reflect various assumptions, which may or may 

not be correct. Each Bidder should conduct its own estimation and analysis and should check 

the accuracy, reliability and completeness of the information in this Document and obtain 

independent advice from appropriate sources in their own interest. 

3.2 Neither Purchaser nor its employees will have any liability whatsoever to any Bidder or any 

other person under the law or contract, the principles of restitution or unjust enrichment or 

otherwise for any loss, expense or damage whatsoever which may arise from or be incurred or 

suffered in connection with anything contained in this Document, any matter deemed to form 

part of this Document, provision of Services and any other information supplied by or on 

behalf of Purchaser or its employees, or otherwise arising in any way from the selection 

process for the Supply / provision of Services for the Project. 

3.3 Though adequate care has been taken while issuing the Bid document, the Bidder should 

satisfy him self that documents are complete in all respects. Intimation of any discrepancy/ 

doubt shall be sent to the Purchaser address for speedy response. 

3.4 This document and the information contained herein are Strictly Confidential and are for use 

of only the person (s) to whom it is issued/ downloaded from the website. It may not be 

copied or distributed by the recipient to third parties (other than in confidence to the 

recipient‟s professional advisors). 

4 COST OF BIDDING: 

4.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid and 

Purchaser will in no case be responsible or liable for those costs. 

5. BIDDING DOCUMENTS: 

5.1 The Scope of Work, Bidding Procedures and Contract Terms are described in the Bidding 

Documents. In addition to the covering Letter accompanying Bidding Documents, the 

Bidding documents include: 

(a) Invitation of Bids (IFB) - Section –I 

(b) Instruction to Bidders (ITB) - Section –II 

(c) General Terms and Conditions of Contract (GTCC) - Section –III 

(d) Technical Specification - Section –IV 

(e) List of Annexure - Section –V 

5.2 The Bidder is expected to examine the Bidding Documents, including all Instructions, Forms, 

Terms and Specifications. Failure to furnish all information required in the Bidding 


documents or submission of a Bid not substantially responsive to the Bidding Documents in 

every respect will / may result in the rejection of the Bid. 

6. AMENDMENT OF BIDDING DOCUMENTS: 

6.1 At any time prior to the deadline for submission of Bids, the Purchaser may, for any reason, 

whether at its own initiative or in response to a clarification requested by a prospective 

Bidder, modify the Bidding Documents by way of issuing an addendum. 

6.2 The Amendment/ Addendum shall be part of the Bidding Documents, pursuant to Clause 6.1, 

and it will be binding on the bidders. 

6.3 In order to afford prospective Bidders reasonable time in which to take the amendment into 

account in preparing of their Bids, the Purchaser may, at its discretion, extend the deadline 

for the submission of Bids. 

7. LANGUAGE OF BID: 

The Bid, prepared by the Bidder, and all correspondence and documents relating to the Bid 

exchanged by the Bidder and the Purchaser, shall be written in the English Language. Any 

printed literature furnished by the Bidder may be written in another Language, provided that 

the literature is accompanied by an English translation, in which case, for purposes of 

interpretation of the Bid, the English translation shall govern. 

8. DOCUMENTS COMPRISING THE BID: 

8.1 The Bid prepared and submitted by the Bidder shall comprise of two parts i.e. Part-I 

(Techno-Commercial Bid), & Part-II (Price Bid) for each group separately. 

(A) The Part-I (Techno-Commercial Bid) must contain the following documents: 

(a) Bid Document signed by the bidder in every page, all other Schedules / Formats enclosed 

in the Bid-Document (i.e. Annexure-I, II, III, V, VI (A), VI (B), VII) duly filled in & 

signed by the bidder with seal in a separate envelop superscribed as Techno Commercial 

Bid. Bids containing information in formats other than our prescribed formats shall 

not be acceptable and may make the bid non-responsive. 

(b) Requisite Earnest Money Deposit (E.M.D) as per clause 5 of Section –I, IFB in a 

separate envelop superscribed as “EMD” failing which the bid may be treated nonresponsive. 

(i) Self attested copies of Purchase Orders executed in last 3 Years. 

(ii) Self attested copies of Performance Certificates / Successful contract 

completion Certificates from the buyers preferably from Electricity Distribution 

Utilities / Government Organizations. 

(iii) Satisfactory Inspection/Test Reports by any Electricity Distribution Utilities / 

Government Organizations. 

(iv) Copies of Profit & Loss Accounts & Audited Balance sheet indicating Turnover 

for best 3 financial years out of last 5 financial years. 

(c) Power of Attorney / Board resolution indicating that the person(s) signing the Bid have 

the authority to sign the Bid and as such the Bid is binding upon the Bidder during the 

full period of its validity, in accordance with clause 14. 

(d) Requisite Cost of Tender Document as per clause 5 of Section –I, IFB in shape of 

account payee Bank draft from a Nationalized/Scheduled Bank in favour of “The North 

Eastern Electricity Supply Company of Odisha Ltd.” Payable at Balasore is to be 


enclosed along with the Bid, if the document is downloaded from our web-site. 

Or else, the Original Copy of Money Receipt for the payment made towards the cost of 

Tender Document is to be enclosed along with Bid, if the document is directly 

purchased from our Cash Counter at our Regd. Office. 

(B) Part-II (Price Bid) : 

The Price Bid shall contain the price schedules as per the prescribed format enclosed as 

(Annexure-V) duly filled in & signed by the bidder with seal. 

(This shall be submitted in a double sealed envelop separately duly superscribed as 

“Price Bid”) 

9.0 SUBMISSION OF BID : 

9.1 The Bidder shall complete and submit the Bid Document in duplicate enclosing all documents 

at clause “8” above in two sealed envelops for Original & Duplicate separately, superscribing 

the Tender Notice No……….., Date …, Date of Opening……… & Description of Material . 

9.2 

9.2.1 

E.M.D: 

The bidder shall submit E.M.D as a part of the bid in the prescribed manner for the amount 

mentioned in Clause No.5 of Section –I. 

9.2.2 The E.M.D is required to protect the Purchaser against the risk of bidder‟s conduct, which 

would warrant the security‟s forfeiture. 

9.2.3 The E.M.D shall be in the following form: 

A/C payee demand draft in favour of North Eastern Electricity Supply Company of 

Odisha Ltd. issued by a Nationalized/Scheduled Bank payable at Balasore. 

OR 

Bank Guarantee in favour of “North Eastern Electricity Supply Company of Odisha 

Ltd.” issued by a Nationalized/Scheduled bank encashable at local branch at 

Balasore only. The BG shall be strictly as per the format enclosed at Section – V, 

Annexure –VIII(A). The BG should be valid for 30 days beyond the bid validity period & 

NB: In case of any deficiency such as the ownership of the security bond (other than the 

issuing bank), deviation from the approved format, absence of signature of witness etc. 

found in the EMD Bank Guarantee, the same shall be liable for rejection upfront. The 

bidder will not be given any chance to rectify the same. 

9.2.4 Unsuccessful bidder‟s E.M.D shall be refunded back as promptly as possible, but not later 

than thirty (30) days after the expiry of the period of bid validity. The successful bidder‟s 

E.M.D shall be discharged upon furnishing of the performance security. 

9.2.5 The E.M.D may be forfeited due to following reasons: 

1) If the bidder withdraws bid during the period of bid validity specified by the bidder in the 

bid form. 

2) In case the successful bidder fails to sign the contract in specified time and / or fails to 

submit the requisite performance Bank guarantee. 

3) In case of failure to supply the materials / equipment during the contractual delivery 

period. 


10.0 BID PRICE: 

10.1 Bidders have to quote for the entire quantity of materials/equipment covered under this 

specification strictly as per the enclosed format in Section –V. The total Bid Price shall also 

cover all the Supplier‟s obligations mentioned in or reasonably to be inferred from the 

Bidding Documents in respect of Design, Supply, testing, inspection, Transportation to 

site/stores, all in accordance with the requirement of Tender Documents. The Bidder shall 

complete the appropriate Price Schedules enclosed herein at Annexure – V, stating the 

Unit Price for each item, all other livable taxes & duties separately and thereby arriving 

at the total amount. Freight & Insurance per KM per MT for delivery at Balasore 

Store/Jajpur Road Store/Site should be mentioned separately. 

10.2 In case there is any increase in the number of units as compared to those mentioned in the 

IFB, the Contract Price shall be subject to increase proportionately on pro-rata basis. 

10.3 The Price offered shall be inclusive of all costs as well as Duties, Taxes and Levies paid or 

payable during implementation of the contract. If the Bidder is exempted from Excise duties, 

Concession in the Sales tax, levy of entry tax, same should be clearly mentioned supported 

with documentary evidence. 

10.4 Prices quoted by the Bidder shall be “Firm” and not subject to any price adjustment during 

the performance of the Contract. A Bid submitted with variable Price or an adjustable 

price clause shall be treated as non-responsive and rejected out rightly. 

11. CONTRACT PRICE: 

11.1 The Ex-Works Prices quoted for the Contract shall remain FIRM as per the above Parameters 

and Purchaser shall not compensate Bidder for any variations. However any variation in the 

taxes & duties within the schedule date of delivery shall be borne by the Purchaser, else the 

same shall be borne by the bidder. 

11.2 In case the Purchaser, revise the scope of woks, bidders shall be compensated based on the 

Unit Rate (Ex-Works) agreed upon before Order placement or as per mutually acceptable 

rates. 

12. BID CURRENCIES: 

12.1 Prices shall be quoted in Indian Rupees Only. 

13. DOCUMENTS ESTABLISHING CONFORMITY TO THE BIDDING DOCUMENTS: 

13.1 The bidder shall confirm by documentary evidence of the Good‟s conformity to the Bidding 

Documents by submitting materials/equipment data sheets. 

14. PERIOD OF VALIDITY OF BIDS: 

14.1 Bids shall remain valid for 180 days from the date of opening of commercial Bids. 

14.2 Notwithstanding Clause 14.1 above, the Purchaser may solicit the Bidder‟s consent to an 

extension of the Period of Bid Validity. The request and the responses thereto shall be made 

in writing or by Fax/ E-mail. 

15. ALTERNATIVE BIDS: 

15.1 Bidders shall submit Bids, which comply with the Tender Documents. Alternative bids shall 

not be considered for evaluation. 


16. FORMAT AND SIGNING OF BID: 

16.1 The original Bid Form and accompanying documents (as specified in Clause 9 ), clearly 

marked “Original Bid”, plus one copy of the Techno-Commercial Proposal must be received 

by the Purchaser at the date, time and place specified pursuant to Clauses 17 and 18. 

The Price Bid in Original should be submitted in a separate sealed envelope marked as “Price 

Bid”. In the event of any discrepancy between the original and the copies, the original shall 

govern. 

16.2 The original and the duplicate copy of the Bid shall be typed or written legibly and shall be 

signed by the Bidder or a person or persons duly authorized to sign on behalf of the Bidder. 

Such authorization shall be indicated by written Power-of-Attorney/ Board Resolution 

accompanying the Bid. 

16.3 The Bid shall contain no interlineations, erasures, overwriting except as necessary to correct 

errors, made by the Bidder, in which case such corrections shall be initialed by the person or 

persons signing the Bid. 

17. SEALING AND MARKING OF BIDS: 

17.1 Bid submission: One Original, One Copy of all the Bid Documents shall be sealed and 

submitted to the Purchaser before the last date & time for submission of the bid. 

17.2 The Bid proposal should be divided into two parts and should be submitted in two separate 

sealed envelopes, addressed to Purchaser. All the envelopes should bear the Name and 

Address of the Bidder and marking is made for the Original and the duplicate copy. The 

envelopes should be superscribed with the title of its contents, as follows: 

i) TECHNO-COMMERCIAL BID ENVELOPE: Shall contain the Bid Security 

(EMD), Cost of Tender Document, all supporting documents for qualifying 

requirement of this tender, duly filled in formats Abstract of General Terms & 

Conditions, Declaration Form, Technical Data Schedule, Technical & Commercial 

Deviations formats, Un-quoted blank Price Schedule etc. enclosed at Annexure I, II, 

IV, V, VI (A), VI (B), VII, at Section-V of this document. 

ii) 

PRICE BID ENVELOPE: Shall contain the Price schedule duly filled in & signed 

as per Annexure –V at Section-V of this document. (This shall be submitted in a 

double sealed envelope separately.) 

17.3 The inner and outer envelopes shall: 

a) Be addressed to the Purchaser at the following address: 

Dy.General Manager (Purchase and Store), Corporate Office,NESCO: Januganj, 

Balasore –756019,Odisha 

Bear the Project name as: “Design, Manufacture, Testing, Inspection and Supply of Single 

phase energy meter as per Schedule of Requirement in Section-I) – Tender Notice No. 

NESCO/1PH. Meter/11 Dt. 25.10.12 

In addition to the information required in sub clause (a) and (b) above, the outer envelope 

shall indicate the name and address of the Bidder to enable the Bid to be returned unopened in 

case it is declared “Late” pursuant to Clause 20. 

17.4 The Bidders have the option of sending the Bids by Post/ Courier services or in person. Bids 

submitted by Telex/Telegram/Fax will not be accepted. No request from any Bidder to the 

Purchaser to collect the proposals from Airlines/ Cargo/Courier Agents etc. shall be 

entertained by the Purchaser. 


18. DEADLINE FOR SUBMISSION OF BIDS: 

18.1 The original Bid together with required copies, must be received by the Purchaser at the 

address specified in Clause 17.3 not later than 13.30 Hrs. (IST) on/before the due date as 

indicated in the invitation for bids. 

18.2 The Purchaser may, at its discretion, extend the deadline for the submission of Bids by 

amending the Bidding Documents, in which case all rights and obligations of the Purchaser 

and Bidders previously subject to the deadline will thereafter be subject to the deadline as 

extended. 

19. ONE BID PER BIDDER: 

19.1 Each Bidder shall submit only one Bid by himself. A Bidder, who submits more than one Bid 

for the same item, will cause all those Bids to be rejected out rightly. 

20. LATE BIDS: 

20.1 Any Bid received by the Purchaser after the deadline for submission of Bids prescribed by the 

Purchaser, pursuant to Clause 18, will be declared “Late” and will be rejected out rightly and 

will be returned unopened to the Bidder. 

21. MODIFICATION AND WITHDRAWAL OF BIDS: 

21.1 The Bidder may modify or withdraw his Bid after the Bid‟s submission, provided that written 

notice of the modification or withdrawal is received by the Purchaser prior to the deadline 

prescribed for submission of Bids. 

21.2 The Bidder‟s modification or withdrawal notice shall be prepared, sealed, marked and 

dispatched in accordance with the provisions of Clause 17 & 18. A withdrawal notice may be 

sent by fax but must be followed by an original signed confirmation copy. 

21.3 No Bid can be modified subsequent to the deadline for submission of Bids. 

21.4 No Bid can be withdrawn in the interval between the deadline for submission of Bids and the 

expiry of the period of Bid validity specified by the Bidder on the Bid form as per clause 14. 

22.0 EVALUATION OF BID: 

22.1 PROCESS TO BE CONFIDENTIAL: 

Information relating to the examination, clarification, evaluation and comparison of Bids and 

recommendations for the award of a contract shall not be disclosed to Bidders or any other 

persons not officially concerned with such process. Any effort by a Bidder to influence the 

Purchaser‟s processing of Bids or award decisions may result in the rejection of the Bidder‟s 

Bid. 

23. CLARIFICATION OF BIDS: 

To assist in the examination, evaluation and comparison of Bids, the Purchaser may, at its 

discretion, ask the Bidder for a clarification of its Bid. All responses to requests for 

clarification shall be in writing and no change in the price or substance of the Bid shall be 

sought, offered or permitted. 

24. PRELIMINARY EXAMINATION OF BIDS / RESPONSIVENESS: 


24.1 Purchaser will examine the Bids to determine whether they are complete, whether any 

computational error have been made , whether required sureties have been furnished, whether 

the documents have been properly signed, and whether the Bids are generally in order. 

24.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between 

the unit price and the total price per item that is obtained by multiplying the unit price and 

quantity, the unit price shall prevail and the total price per item will be corrected. If there is a 

discrepancy between the total amount and the sum of the total price per item, the sum of the 

total price per item shall prevail and the Total Amount will be corrected. 

24.3 Prior to the detailed evaluation, pursuant to Clause 25, the Purchaser will determine the 

substantial responsiveness of each Bid to the Bidding Documents including production 

capability and acceptable quality of the materials offered, pursuant to Clause 13. Substantially 

responsive Bid is one, which conforms to all the terms and conditions of the Bidding 

Documents without material deviation. 

24.4 A Bid determined as not substantially responsive will be rejected by the Purchaser and will 

not subsequently allowed to be made responsive by the Bidder by correction of the non – 

conformity. 

25 EVALUATION AND COMPARISON OF BIDS: 

25.1 The evaluation of Bids shall be done basing on the delivered cost competitiveness basis for 

each item separately. 

25.2 The evaluation of the Bids shall be a stage-wise procedure. The following stages are identified 

for evaluation purposes: 

In the first stage, the Bids would be subjected to a responsiveness check as detailed in the 

clause 24. The Technical Proposals and the Commercial terms & conditions of the Bidders 

would be evaluated and discussed as per clause 26 of this document. 

Subsequently, the Financial Proposals along with Supplementary Financial Proposals, if any, 

of Bidders with Techno-commercially Acceptable Bids submitted prior to final evaluation 

shall be considered. 

25.3 The Purchaser‟s evaluation of a Bid will take into account, in addition to the Bid price, 

the following factors, in the manner and to the extent indicated in this Clause: 

a) Delivery Schedule: 

b) Deviations from Bidding Documents as mentioned in Non-Compliance Schedule. 

c) Past performance and capability to execute the contract. 

d) Inspection/Test reports 

26.0 

Bidders shall base their Bid price on the terms and conditions specified in the Bidding 

Documents. The Cost of all quantifiable deviations and omissions from the specification, 

terms and conditions, specified in Bidding Documents shall be evaluated. The Purchaser will 

make his own assessment of the cost of any deviation for the purpose of ensuring fair 

comparison of Bids. 

AWARD OF CONTRACT: 

In normal circumstances the Purchaser will generally award the Contract to the successful 


Bidder whose Bid has been determined to be the lowest evaluated responsive Bid, provided 

further that the Bidder has been determined to be qualified to perform the Contract 

satisfactorily. The purchaser reserves the right to distribute the tender quantity among the 

qualified bidders at the lowest price. 

26.1 CONTACTING THE PURCHASER: 

26.1.1 From the time between Bid opening to award of contract, if any Bidder wishes to contact the 

Purchaser on any matter related to the Bid, he should do so in writing. 

26.1.2 Any effort by a Bidder to influence the Purchaser and / or in the Purchaser‟s decisions in 

respect of Bid evaluation, Bid comparison or Contract of Award, will result in the rejection of 

the Bidder‟s Bid. 

26.2 THE PURCHASER‟S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR 

ALL BIDS OR TO RELAX ANY TERMS AND CONDITIONS: 

26.2.1 The Purchaser 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 or any obligation to inform the affected Bidder or 

Bidders regarding the grounds for the Purchaser‟s action. 

26.2.2 In the interest of work, the Purchaser reserves the right to relax any terms and conditions 

without affecting the quality & price of the equipments. 

26.3 The Purchaser will award the Contract to the successful Bidder whose Bid has been 

determined to be the lowest- evaluated responsive Bid, provided further that the Bidder has 

been determined to be qualified to perform the Contract satisfactorily. The Purchaser at its 

option/ discretion may split the total quantity to be supplied between two or more Techno- 

Commercially responsive Bidders in case of the bid prices are same and early delivery is 

required by the purchaser. 

26.4 THE PURCHASER‟S RIGHT TO VARY QUANTITIES: 

The Purchaser reserves the right to vary the quantity i.e. increase or decrease the number of 

materials without any change in terms and conditions at the time of placing the orders or 

during the execution of the Contract. 

26.5 LETTER OF INTENT / NOTIFICATION OF AWARD: 

26.5.1 The letter of intent / Notification of Award shall be issued to the successful Bidder(s) whose 

bid(s) have been considered responsive, techno-commercially acceptable and evaluated to be 

the Lowest (L1). The successful Bidder shall be required to furnish a letter of acceptance to it 

within 5 days of issue of the letter of intent / Notification of Award by Purchaser. 

27.0 PERFORMANCE SECURITY: 

27.1 Within 15 days of the receipt of Notification of Award / Letter of Intent from the Purchaser, 

the successful Bidder shall furnish the Performance Security in the form of Bank Guarantee 

executed on non-judicial stamp paper worth Rs.100/- (Rupees One hundred only) issued by a 

Public Sector Bank in favour of the Purchaser encashable at Balasore only for an amount of 

10% (ten percent) of the Contract Price in accordance with the General Conditions of 

Contract in the Performance Security Form provided in Section –V of Bidding Documents. 

The Bank Guarantee shall be valid for a period not less than 90 days over and above the 

guarantee period. 


28. CORRUPT OR FRAUDULENT PRACTICE: 

28.1 The Purchaser requires that the Bidders observe the highest standard of ethics during the 

procurement and execution of the Project. In pursuance of this policy, the Purchaser: 

a) Defines, for the purposes of this provision, the terms set forth below as follows: 

(i) 

(ii) 

“Corrupt practice” means behavior on the part of officials in the public or private 

sectors by which they improperly and unlawfully enrich themselves and/ or those 

close to them, or induce others to do so, by misusing the position in which they are 

placed, and it includes the offering, giving, receiving, or soliciting of anything of 

value to influence the action of any such official in the procurement process or in 

contract execution; and 

“Fraudulent practice” means a misre1presentation of facts in order to influence a 

procurement process or the execution of a contract to the detriment of the Purchaser, 

and includes collusive practice amount Bidders (prior to or after Bid submission ) 

designed to establish Bid prices at artificial non-competitive levels and to deprive the 

Purchaser of the benefits of free and open competition. 

b) Purchaser will reject a proposal for award if it determines that the Bidder recommended for 

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

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

awarded an contract if he at any time determines that the firm is engaged in corrupt or 

fraudulent practice in competing for, or in executing, the Contract. 

28.2 Further more, Bidders shall be aware of the provision stated in the General Terms and 

Conditions of Contract. 

29.0. LITIGATION HISTORY: 

The Bidder should provide accurate information on any litigation or arbitration resulting on 

contracts completed or under execution by him over the last three (3) years. A consistent 

history of awards involving litigation against the Bidder or any Partner of the joint 

venture/Consortium may result in disqualification of Bid. 




SECTION – III 

GENERAL CONDITIONS OF CONTRACT 

(GCC) 

TENDER NOTICE NO: NESCO/CAPEX/SUPPLY & 

INSTALLATIN/ 15 

Date: 21.01.13 


1.0 GENERAL: - 


GENERAL CONDITIONS OF CONTRACT (GCC) 

GROUP- A AND GROUP -B 

NESCO hereinafter referred to as the “Owner” is desirous of construction of various 

System Improvement Works under the CAPEX Program, on „turnkey‟ basis in their 

licensed area in the state of Odisha as described below: 

(i) Construction of HVDS Systems 

(ii) Construction of New 11 KV/ 33 KV HT Three Phase Line with AAA Conductor 

(iii) Up-gradation of Conductor size of existing 11 KV / 33 KV HT Three Phase Line 

(iv) Shifting of existing 11 KV/33 KV HT Three Phase Lines. 

(v) Dismantling of existing LT Bare Conductors and Installation of AB Cable 

(vi) Construction of new 33/11 KV Primary Substation. 

(vii) Other related works (if any). 

(viii) Up-gradation of transformer capacity and infrastructure development in existing 

33/11 KV Primary Substations including erection, commissioning and installed 

equipments. 

(ix) Installation of Earthing for Sub-stations at different locations. 

(x) Erection of 11 KV Capacitor Bank at different locations. 

(xi) Erection of PSC poles against replacement of damage poles. 

(xii) DTR metering from 25KVA transformer to above. 

2.0 Scope of Work: - 

2.01 The scope shall include supply and installation of all materials & equipments to complete 

the works except the following materials/ equipments which shall be supplied by the 

NESCO – 

a) Power & Distribution (including Station) Transformers. 

b) AAA Conductor 

c) AB Cables & Accessories (Suspension clamp, Tension Clamp, Piercing 

connector, neutral Connector, Eye Hook only) 

d) 11 KV & 33 KV VCB, CT, PT & CR Panels 

e) Transformer Distribution Boxes 

2.02 The detailed scope of the work shall include; 

i. Detailed survey of substation, line and preparation of SLD / BOQ to be done by the 

bidder 

ii. Complete manufacture, including shop testing & supply of materials from the 

approved vendor (materials which are to be supplied by the bidder) on subsequent 

approval of the owner. 

iii. Providing Engineering drawing, data, operational manual, etc for the Owner‟s 

approval; 

iv. Packing and transportation from the manufacturer‟s works to the site. 


v. Receipt, storage, preservation and conservation of equipment at the site. 

vi. Pre-assembly, if any, erection testing and commissioning of all the equipment; 

vii. Reliability tests and performance and guarantee tests on completion of 

commissioning; 

viii. Loading, unloading and transportation as required. 

ix. Erection of equipments in Sub-station including civil works. 

x. Erection of lines of specified voltage. 

xi. Testing, Commissioning of substations and lines / installations 

xii. Storing before erection 

xiii. Getting the substations & lines inspected by Electrical Inspector after completion of 

work. 

xiv. Transportation and transit insurance of all free issue materials to be supplied from 

Owner‟s nearest stores to site and as well as all other required materials (under the 

scope of supply by bidder) from supplier‟s premises to work site, construction of new 

electrical / civil structures, etc. 

xv. Dismantling of existing electrical structures and return of these dismantled items at the 

Owner‟s stores, safe custody of the items and return of unused Owner‟s supplied 

materials to the Owner‟s stores. 

3.0 DEFINITION OF TERMS 

(i) The „Contract ‟means the agreement entered into between the Owner and the 

(ii) 

(iii) 

(iv) 

(v) 

Contractor as per the Contract Agreement signed by the parties, including all 

attachments and appendices there to and all documents incorporated by reference 

therein. 

„Owner‟ shall mean NESCO and shall include its legal representatives, successors 

and assigns. 

„Contractor‟ shall mean the Bidder whose bid will be accepted by the Owner for the 

award of the Works and shall include such successful Bidder‟s legal representatives, 

successors and permitted assigns. 

„Sub-Contractor‟ shall mean the person named in the Contract for any part of the 

works or any person to whom any part of the Contract has been sublet by the 

contractor with the consent in writing of the Owner and will include the legal 

representatives, successors and permitted assigns of such person. 

„Engineer in Charge‟ shall mean the officer appointed in writing by the Owner to act 


(vi) 

(vii) 

(viii) 

(ix) 

(x) 

(xi) 

(xii) 

(xiii) 

(xiv) 

(xv) 

(xvi) 

as Engineer from time to time for the purpose of the Contract. 

„Specifications‟ shall mean the specifications and Bidding Document forming a part 

of the Contract and such other schedules and drawings as may be mutually agreed 

upon. 

„Site‟ shall mean and include the land and other places on, into or through which the 

works and the related facilities are to be erected or installed and any adjacent land, 

paths, street or reservoir which may be allocated or used by the Owner or Contractor 

in the performance of the Contract. 

„Inspector‟ shall mean the Purchaser or any person nominated by the Owner from 

time to time, to inspect the equipment; stores or Works under the Contract and/or the 

duly authorized representative of the Owner. 

„Notice of Award of Contract‟/ „Letter of Award‟ shall mean the official notice 

issued by the Owner notifying the Contractor that his bid has been accepted. 

„Date of Contract‟ shall mean the date on which notice of Award of Contract/ Letter 

of Award has been issued. 

„Performance and Guarantee Tests‟, shall mean all operational checks and tests 

required to determine and demonstrate capacity, efficiency, and operating 

characteristics as specified in the Contract Documents. 

The term „Final Acceptance‟/ „Taking Over‟ shall mean the Owner‟s written 

acceptance of the works performed under the Contract, after successful 

commissioning/ completion of Performance and Guarantee Tests, as specified in the 

accompanying Technical Specifications or otherwise agreed in the contract. 

„Commercial Operation‟ shall mean the condition of operation in which the 

complete equipment covered under the Contract is officially declared by the Owner to 

be available for continuous operation at different loads up to and including rated 

capacity. Such declaration by the Owner, however, shall not relieve or prejudice the 

Contractor of any of his obligations under the Contract. 

Words imparting „Person‟ shall include firms, companies, corporations and 

associations or bodies of individuals, whether incorporated or not. 

Terms and expressions not herein defined shall have the same meaning as are 

assigned to them in the Indian Sale of goods Act (1930), failing that in the Indian 

Contract Act (1872) and failing that in the General Clauses Act (1897) including 

amendments thereof, if any. 

In addition to the above the following definition shall also apply 


a) „All equipment and materials‟ to be supplied shall also mean „Goods‟ 

b) „Constructed‟ shall also mean erected and installed. 

c) „Contract Performance Guarantee‟ shall also mean „Contract 

Performance Security‟. 

4.0 SUBMISSION OF TENDER: - 

4.01 Sealed tenders in Two parts each in duplicate, each complete in all respects in the manner 

hereinafter specified are to be submitted at CORPORATE OFFICE, 

JANUGANJ, NESCO, BALASORE-756019 on or before the date and time specified in 

the notice inviting the tenders. Bids shall be submitted as per format provided in 

Section – III & IV. Each copy of the bids (original and duplicate) shall be submitted 

in separate double sealed envelopes superscripted on each of the covers the tender 

specification number and the due date of opening of the bids on the right hand top side of 

the envelop. On the left top side original/ duplicate as is relevant shall be written. 

4.02 The tenders are required to be submitted in Two Parts each in separate double sealed 

covers for Group ( Gr.A/ Gr.B/ Gr.C ) separately. 

‣ Part - I: Superscribed as “Technical and commercial bid” shall contain EMD, Cost of 

Bid Documents and Techno commercial documents. 

‣ Part - II, Superscribed as “Price Bid”. The Part - II should contain only Price bid. 

4.03 Fax and Telegraphic tenders shall not be accepted. 

4.04 Receipt of bids/ revised bids after the cut off time and date as specified in the Tender 

specification shall not be permitted and such bids shall be rejected outright. The Owner 

shall not be responsible for any delay in transit in post / courier etc. in this regard. 

5.0 VALIDITY:- 

The offer shall be valid for a period not less than 180 days from the date of bid opening. 

6.0 PRICE: - 

Bidders are required to quote firm price as per the prescribed format enclosed in 

Section – III. The quoted price shall be firm and inclusive of all taxes, duties, freight & 

insurance and other levies, if any. Owner shall not be liable to pay anything extra over 

and above the quoted price. 


7.0 RECEIPT AND OPENING OF THE BID: - 

7.01 Bids in duplicate as described under clause 4.0 shall be received in the office of the 

Owner and shall be opened on the scheduled date and time. The Owner‟s authorized 

representatives shall open bids in the presence of Bidders‟ representatives on the date and 

time for opening of bids as specified in the Invitation to Bid or in case any extension has 

been given thereto, on the extended bid opening date and time notified. 

7.02 Maximum one representative for each bidder shall be allowed to witness the opening of 

bids. The representative must produce suitable authorization in this regard to be eligible 

to witness the bid opening on behalf of the bidder. Bidders‟ representatives who are 

present shall sign in a register evidencing their attendance. 

7.03 The Bidders‟ names, bid prices, modifications, bid withdrawals and the presence or 

absence of the requisite bid guarantee and such other details as the Owner, at its 

discretion, may consider appropriate will be announced at the opening. No electronic 

recording devices will be permitted during bid opening. 

7.04 Information relating to the examination, clarification, evaluation and comparison of Bids 

and recommendations for the award of a contract shall not be disclosed to Bidders or any 

other persons not officially concerned with such process. Any effort by a Bidder to 

influence the Owner‟s processing of Bids or award decisions may result in the rejection 

of the Bidder's Bid. 

8.0 EVALUATION OF BIDS & AWARD OF CONTRACT: 

8.01 To assist in the examination, evaluation and comparison of Bids, the Owner may, at its 

discretion, ask the Bidder for a clarification of its Bid. All responses to requests for 

clarification shall be in writing and no change in the price or substance of the Bid shall be 

sought, offered or permitted. 

8.02 Owner will examine the Bids to determine whether they are complete, whether any 

computational errors have been made, whether required sureties have been furnished, 

whether the documents have been properly signed, and whether the Bids are generally in 

order. 

8.03 Arithmetical errors will be rectified on the following basis. If there is a discrepancy 

between the unit price and the total price per item that is obtained by multiplying the unit 

price and quantity, the unit price shall prevail and the total price per item will be 


corrected. If there is a discrepancy between the Total Amount and the sum of the total 

price per item, the sum of the total price per item shall prevail and the Total Amount will 

be corrected. 

8.04 Prior to the detailed evaluation, Owner will determine the substantial responsiveness of 

each Bid to the Bidding Documents including production capability and acceptable 

quality of the Goods offered. A substantially responsive Bid is one, which conforms to all 

the terms and conditions of the Bidding Documents without material deviation. 

8.05 The Owner‟s evaluation of a Bid will take into account, in addition to the Bid price, the 

following factors, in the manner and to the extent indicated in this Clause: 

(a) Work Schedule 

(b) Deviations from Bidding Documents 

8.06 The Owner will award the Contract to the successful Bidder whose Bid has been 

determined to be the lowest - evaluated responsive Bid,, when the lowest bidders is not 

ready and/or capable to undertake the entire work envisaged, then the Owner may explore 

the possibility of the execution of works through other bidders if they are willing to 

execute at L1 rate. Such exploration shall be carried out in a sequential order starting 

with L2 bidder then with L3 bidder and so on. 

8.07 In case of omission of any item in the price bid or the price for the item has not been 

quoted by the firm, then zero cost shall be loaded to the bid and the contract shall be 

awarded with zero cost that means the firm will have to bear the cost of that item entirely 

as the item price shall be considered as inclusive anywhere in other items. The bidder 

shall have to give an undertaking to the effect that prices for any item not quoted shall be 

treated as free supply or to be done free of cost. 

9.0 EARNEST MONEY DEPOSIT (EMD):- 

9.01 The Tender must be accompanied by Earnest Money Deposit as described in the Tender 

Notice in shape Demand Draft / Bank Guarantee issued by a Scheduled Bank (valid 

for 30 days beyond the validity of bid) in favour of “North Eastern Electricity 

Supply Company of Orissa Ltd.” payable at Balasore. Bids without EMD deposit will 

be rejected out rightly. The Bank Guarantee for EMD shall be strictly as per the 

format (Annexure – XVI) prescribed by the Owner. In case of any deficiency such 

as the ownership of the security bond (other than the issuing bank), deviation from the 

approved 


format, absence of signature of witness etc. found in the EMD Bank Guarantee, the same 

shall be liable for rejection upfront. The bidder will not be given any chance to rectify the 

same. 

NB: 

1) The validity of EMD BG shall be minimum for 30 days over and above the 

validity of the tender (180 days) i.e., 210 days from the date of opening of the tender. 

2) In case of Joint Venture / Consortium, EMD in shape of BG shall be provided by 

the Lead Partner. 

9.02 No adjustment of any previous deposit or any amount payable from Purchaser shall be 

entertained for EMD. EMD amount so submitted shall not carry any interest payable to 

the bidder. 

9.03 The Earnest Money so deposited shall be forfeited: 

(a) if the Bidder: 

i) withdraws its bid during the period of bid validity specified by the Bidder in the 

Bid Form; or 

(b) in the case of a successful Bidder, if the Bidder fails: 

(i) to sign the Contract, or 

(ii) to furnish the required Contract Performance Bank Guarantee. 

9.04 The EMD of unsuccessful bidders shall be returned within 30 days from the date of 

finalization of the order. 

10.0 OWNER‟S RIGHT TO VARY QUANTITIES AT TIME OF AWARD: 

While placing orders and / or during execution of contract, Owner reserve the right to 

increase or decrease the quantity of goods and services specified in the Schedule of 

Requirement up to 20% of the tender quantity without any change in price or other terms 

and conditions. 

11.0 INSPECTION AND TESTING:- 

11.1 All the materials shall be inspected by the Owner or any authorized representative of the 

Owner or jointly by the Owner/Owners Authorized Representatives with the Third Party 

Inspection Evaluation Agency (TPIEA) engaged by the nodal agency (i.e. GRIDCO Ltd.) 

for the Capex Programme as per relevant ISS at the Contractor‟s or its Sub-Vendors 

manufacturing works. They shall give the advance notice in writing about the place of 


Inspection and or testing at least 15 days before the schedule date on which the materials 

will be ready for Inspection & Testing. 

11.2 The Engineer-in-charge shall be entitled at all reasonable times during manufacture / 

installation to inspect examine and test the materials at the contractor‟s premises / 

erection site about workmanship of the materials to be supplied under this contract. If the 

said materials are being manufactured in other premises, the contractor shall provide 

unhindered clearance, giving full rights to the purchaser to inspect, examine and test as if 

the materials were being manufactured in his premises. Such inspection / examination 

and testing shall not relieve the contractor of his obligations to execute the contract by 

letter and spirit. The contractor shall give the purchaser advance notice in writing of the 

Date and the Place at which the materials will be ready for testing. The inspecting officer 

coordinating office for the entire work shall be the Owner‟s authorized representative. 

12.0 COMPLETION AND COMPLETENESS OF THE EQUIPMENT:- 

12.01 Time being the essence of the contract; the work shall be completed within 12 (twelve) 

months from the date of issue of work order. 

12.02 The work shall be treated as complete item wise when one item shall be complete in all 

respects with all mountings, fixtures and standard accessories which are normally 

supplied even though not specifically detailed in the specification. No extra payment 

shall be payable for such mounting, fittings, fixtures and accessories which are needed 

for safe operations of the equipment as required by applicable code of the country though 

this might not have included in the contract. 

12.03 All similar components and/or parts of similar equipment supplied shall be interchangeable 

with one another. Various equipments supplied under this contract shall be 

subject to Owner‟s approval. 

12.04 Purchaser however reserves the right to re-schedule the completion period, if required. 

13.0 REJECTION OF MATERIALS: - 

In the event of the materials supplied by the contractor and/or the installation works are 

found to be defective in quality and the workmanship is poor or otherwise not in 

conformity with the requirements of the contract specification as per section-IV 

(Technical specification), Owner shall reject such materials / services and ask the 


contractor in writing to replace / rectify the defects. The contractor on receipt of such 

notification shall rectify or replace the defective materials and/or re-install the work 

already executed, free of cost to the Owner. If the contactor fails to do so the Purchaser 

may at his option take the following actions which could be on concurrent basis. 

A) Replace or rectify such defective materials and recover the extra cost so involved 

plus 25% from the Contractor. 

B) Terminate the contract for balance supply and erection with enforcement of 

penalty as per contract. 

C) Acquire the defective materials at reduced price considered acceptable under the 

circumstances. 

D) Forfeit the Contract Performance Bank Guarantee. 

14.0 EXPERIENCE OF BIDDERS: - 

The bidders are required to furnish information regarding their experience on the 

following aspects as per format provided in Section – IV, Annexure VII (A) & (B): 

i. Description of similar type of work with same or higher voltage level executed 

ii. 

iii. 

during the last three years with the name(s) of the party(s) to whom / where 

supplies / erection were made. 

The list of testing equipments/ facilities available to execute the contract covering 

both OSM and supply by the Contractor himself. Also the area of access of the 

Contractor through other agency must be indicated. 

Purchase / work orders details (P.O / W.O No. and date only) executed 

(construction work) during the last three years along with Electrical inspection 

report copies and copies of user‟s performance certificates. 

Bids may not be considered if the past performance is found to be un-satisfactory. 

15.0 DEVIATION FROM SPECIFICATION: - 

The bidders are requested to study the specification and the attached drawings thoroughly 

before tendering so that if they make any deviations, the same are prominently brought 

on a separate sheet under the headings “Deviations” as per formats provided under 

Section IV, Annexure – VIII & IX. All such deviations to the technical & commercial 

terms of the specification shall be indicated in a separate list as indicated above. In 

absence of such deviation schedule, it will be presumed that the bidder has accepted all 

the conditions stipulated in the tender specification, not withstanding any deviations 


mentioned elsewhere in the Bid. However the acceptance of deviation is not binding on 

the Owner. 

16.0 CONTRACTOR TO INFORM HIMSELF FULLY: - 

The contractor shall examine the instructions, general conditions of the contract, 

specifications and the schedule of quantity and delivery to satisfy himself as to all the 

terms and conditions and circumstances affecting the contract price. He shall quote prices 

according to his own judgment and shall understand that no additional cost except as 

quoted shall only be considered. 

17.0 PATENT RIGHT: - 

The contractor shall indemnify the Owner against all claims, actions, suits and 

proceedings for the alleged infringement any patent design or copy right protected either 

in country of origin or in India by the use of any equipment supplied by the contractor but 

such indemnity shall not cover any use of the equipment other than for the purpose 

indicated by or reasonable to be informed from the specification. 

18.0 GUARANTEE PERIOD: - 

18.01 The materials to be supplied by the contractor shall be guaranteed for satisfactory 

operation against defects in design and workmanship for a period of 24 months from the 

date of handing over the completed installations after commercial operation at required 

voltage level. 

18.02 The above guarantee certificate shall be furnished in triplicate to the Owner for his 

approval. Any defects noticed during the above period should be rectified by the 

Contractor free of cost to the Utility provided such defects are due to faulty design, bad 

workmanship or bad materials used on receipt of written notice from the Owner. The 

Contractor as notified by the Owner shall rectify any such defects within one month 

failing which the Owner will set right the defects through other agency and recover the 

cost so incurred either from any pending Invoices or Bank Guarantee. 

19.0 PENALTY FOR DELAY IN COMPLETION OF CONTRACT: - 

19.01 If the contractor fails to complete the works by the scheduled period or any extension 

granted thereby, the contractor shall be liable for payment of penalty amounting to 0.5% 

(half percent) of the contract price per week of un-finished works subject to the 


maximum of 5% (five percent) of the total contract price and subject to force majeure 

conditions. After receipt of LOA, the Contractor shall sign a contract agreement with the 

Owner within 15 days along with the detail work plan through PERT chart/BAR chart. 

The penalty for liquidated damage as mentioned above will be levied if any deviation to 

be schedule on any item of work due to the fault of the contractor is observed. 

19.02 Penalty amount can be realized from the proceeds of the Contract Performance Bank 

Guarantee, if the situation so warrants. 

19.03 Extension of delivery period could be with / without levy of penalty with the discretion of 

Owner. 

20.0 RIGHT OF WAY: 

Right of way issues, if any, arising during execution of the works shall have no liability 

on the Owner. These issues shall be settled at the sole discretion of the Contractor. The 

Owner shall however extend all possible help to the Contractor including discussion with 

the local authorities for early resolution of these issues. 

21.0 CONTRACTOR‟S DEFAULT: 

21.01 If the Contractor neglects to execute the works with due diligence and expedition or 

refuses or neglects to comply with any reasonable order given to him, in writing by the 

Engineer in connection with the works or contravenes the provisions or the contract, the 

Owner may give notice in writing to the Contractor to make good the failure, neglect or 

contravention complained of. Should the Contractor fail to comply with the notice within 

thirty (30) days from the date of serving the notice, the Owner shall be at liberty to 

employ other workmen and forthwith execute such part of the works as the contractor 

may have neglected to do or if the Owner thinks fit, without prejudice to any other right, 

he may have under the Contract to take the work wholly or in part out of the Contractor‟s 

hands and re-contract with any other person or persons to complete the works or any part 

thereof and in that event the Owner shall have free use of all Contractor‟s equipment that 

may have been at the time on the Site in connection with the works without being 

responsible to the Contractor for fair wear and tear thereof and to the exclusion of any 

right of the Contractor over the same, and the Owner shall be entitled to retain and apply 

any balance which may otherwise be due on the Contract by him to the Contractor, or 

such part thereof as may be necessary, to the payment of the cost of executing the said 

part of works or of completing the works as the case may be. If the cost of completing of 

works or executing part thereof as aforesaid shall exceed the balance due to the 


Contractor, the Contractor shall pay such excess. Such payment of excess amount shall 

be independent of the liquidated damages for delay which the Contractor shall have to 

pay if the completion of works is delayed. 

21.02 In addition, such action by the Owner as aforesaid shall not relieve the Contractor of his 

liability to pay liquidated damages for delay in completion of works. 

21.03 Such action by the Owner as aforesaid the termination of the Contract under this clause 

shall not entitle the Contractor to reduce the value of the Contract Performance Guarantee 

nor the time thereof. The Contract Performance Guarantee shall be valid for the full value 

and for the full period of the Contract including guarantee. 

22.0 TERMINATION OF CONTRACT ON OWNER‟S INITIATIVE: 

22.01 Owner reserves the right to terminate the Contract either in part or in full due to reasons 

other than those mentioned under clause entitled „Contractor‟s Default‟. The Owner shall 

in such an event give fifteen (15) days notice in writing to the Contractor of his decision 

to do so. 

22.02 The Contractor upon receipt of such notice shall discontinue the work on the date and to 

the extent specified in the notice, make all reasonable efforts to obtain cancellation of all 

orders and Contracts to the extent they related to the work terminated and terms 

satisfactory or the Owner, stop all further sub-contracting or purchasing activity related to 

the work terminated, and assist Owner in maintenance, protection, and disposition of the 

works acquired under the Contract by the Purchaser. In the event of such a termination 

the Contractor shall be paid compensation, equitable and reasonable, dictated by the 

circumstance prevalent at the time of termination to be determined by the arbitrator 

without stopping the work but to carry out the left over work to other agency. 

22.03 If the Contractor is an individual or a proprietary concern and the individual or the 

proprietor dies and if the Contractor is a partnership concern and one of the partners dies 

then unless the Owner is satisfied that the legal representatives of the individual 

Contractor or of the proprietor of the propriety concern and in the case of partnership, the 

surviving partners, are capable of carrying out and in the case of partnership, the 

surviving partners, are capable of carrying out and completing the Contract the Owner 

shall be entitled to cancel the Contract as to its uncompleted part without being in any 

way liable to payment of any compensation to the estate of deceased Contractor and /or 

to the surviving partners of the Contractor‟s firm on account of the cancellation of the 


contract. The decision of the Owner that the legal representatives of the deceased 

Contractor or surviving partners of the Contractor‟s firm cannot carry out and complete 

the contract shall be final and binding on the parties. In the event of such cancellation the 

Owner shall not hold the estate of the deceased Contractor and/ or the surviving partners 

of the Contractor‟s firm liable to damages for not completing the Contract. 

23.0 FORCE MAJEURE: - 

The Contractor shall not be liable for any penalty for delay or for failure to perform the 

contract for reasons of Force Majeure such as “acts of God, acts of the Public enemy, acts 

of Govt., Fires, Flood, Epidemics, Quarantine restrictions, Strikes, Freight Embargos and 

provided that the Contractor shall within ten (10) days from the beginning of such delay 

notify the Owner in writing of the cause of delay. The Owner shall verify the facts and 

grant extension as facts justify. 

24.0 EXTENSION OF TIME: - 

If the delivery of the equipments / materials is delayed due to reasons beyond the control 

of the Contractor, the Contractor shall immediately inform within 3 days to the Owner in 

writing of his claim for an extension of time. The Owner on receipt of such notice may 

agree to extend the contract period as may be reasonable but without prejudice to other 

terms & conditions of the contract. 

25.0 SAFETY PRECAUTIONS:- 

The agency shall observe all applicable regulations regarding safety at the Site. Any 

compensation due on account of accident at site shall be to the contractor‟s account. 

26.0 STORE:- 

Storing of materials from supply to erection shall be arranged by the contractor at his 

own cost. No compensation shall be made by the Owner for any damage or loss of 

materials during storing, transit transportation and at the time of erection. 

27.0 INSURANCE: - 

Contractor shall arrange adequate Transit-cum-storage-cum-erection policy and shall 

submit the copy of the same to the Owner. The policy shall initially remain valid for a 

period of sixty days over & above of the contractual guarantee period and shall be 

extended as required till handing over. Contractor shall be responsible for lodging of 


claim with the insurer as well as for all required follow up with the insurer for settlement 

of claim in case of loss/damage/theft of material during transit/storage/erection till the 

completed works is handed over to the Purchaser and is accepted by the authorized 

representative of the Purchaser in writing. 

Contractor shall also arrange adequate cover for his employees / labourers engaged in the 

works as well as arrange third party insurance cover to indemnify any possible damages 

to public at large not connected with the works process. Any claim(s) pertaining to this 

shall be the responsibility of the Contractor. 

The contractor shall undertake free replacement of the materials damaged or lost during 

transit, which will be intimated by the Consignee within 30 days of receipt of the 

materials at Owner‟s stores. 

28.0 ENGINEER IN CHARGE:- 

Concerned Divisional Head / authorized engineer of the Owner shall be the Engineer in 

charge for the Project. 

29.0 CONTRACT PERFORMANCE BANK GUARANTEE:- 

29.01 Within 15 days of issue of the Work Order or Letter of Award, whichever is earlier, the 

Contractor shall submit Contract Performance Bank Guarantee issued by a scheduled 

Bank, in favour of NESCO Ltd. Balasore, covering 10% of the total value of the work 

order, 

29.02 The said Bank Guarantee shall be prepared in the prescribed proforma as attached in 

Section V, Annexure - III. The Bank Guarantee furnished shall be executed on Nonjudicial 

Stamp paper worth of Rs 100/- (Rupees Hundred only), purchased in the name of 

the issuing bank, as per the prevalent rules. The Bank Guarantee so provided shall be 

en-cashable on the Balasore branch of the issuing Bank. 

29.03 The Contract Performance Bank Guarantee shall remain valid for a period not less than 

90 days over and above the guarantee period, basing on stipulated completion period in 

the W.O. towards security and acceptance thereof, failing which the work orders (W.O) 

will be liable for cancellation without any further notice with forfeiture of E.M.D. 

29.04 No interest shall be allowed by the Owner on the above Performance Security Deposit. 


30.0 TERMS OF PAYMENT: 

30.01 An advance of 10% (ten percent) of total lump sum contract price shall be paid as 

Mobilization Advance, subject to the following. 

(a) 

(b) 

(c) 

(d) 

(e) 

Submission of Invoice for payment of advance. 

Receipt and acceptance of unconditional irrevocable Contract Performance Bank 

Guarantee in favour of Owner as mentioned in clause 29.01. 

Receipt and acceptance of unconditional and irrevocable Advance Payment Bank 

Guarantee in favour of Owner for an amount equivalent to the amount of advance 

as per the prescribed format as provided in Section V, Annexure - IV. The Bank 

Guarantee so provided should be en-cashable on the Bhubaneswar branch of the 

issuing Bank. 

Establishment of contract site office and certification by the engineer that 

satisfactory mobilization for erection exists. 

All advance payment shall be interest bearing and recovery of advance along with 

the interest component on the advance amount shall be as under: 

i) All advance payment made shall be recovered proportionately from each running 

bill of the contractor. 

ii) The amount of interest to be recovered from a particular bill shall be calculated 

@ 10% per annum on the value of advance corresponding to the percentage of 

total progressive payment being released. The period for which the interest is to 

be calculated shall be reckoned from the date of release of the advance payment 

to the actual date of release of the said progressive payment or the expiry of the 

stipulated time frame for release of such progressive payment. If any amount 

payable under any interim bill is not sufficient to cover all deductions to be made 

for interest on the advance payment and other sums deductible there from, the 

balance outstanding shall be recovered from the next payments immediately 

falling due. 

30.02 80% (Eighty percent) of contract price on pro-rata basis along with taxes and duties shall 

be paid progressively (after necessary advance adjustment with interest as applicable) for 

each completed items of work certified by the Jr. Manager, Asst. Manager/SDO 

concerned against each calendar month by first week of the succeeding months along 

with utilization certificate. No payment shall be released if the accounts for utilization of 


materials unless follow with proper certification by the concerned Jr. Manager, Asst. 

Manager/SDO within 30 days of submission of claim subject to certification by Owner‟s 

Engineer-in-charge on the basis of check points involved in such items of work. 

30.03 Balance 20% (twenty percent) of contract price shall be paid after completion of all 

works, envisaged under this package including any additions and alterations, testing & 

commissioning, return of dismantled materials/ un-used free supply material, taking over 

certificate and entire stretch is fully ready for commercial operation. The payments shall 

be subjected to clearance from electrical inspectorate. 

Note: In case of joint venture/consortium Performance Bank Guarantee shall be provided 

by the Lead Partner @ 10% and additional 1% by each JV Partner(s). 

31.0 PAYING OFFICER: 

Owner shall notify the paying officer for the project. 

32.0 OWNER‟S RIGHTS: - 

The Owner reserves the right to accept any bid or reject any or all bids or cancel / 

withdraw invitation of bid or to vary the quantity for placement of order without 

assigning any reason to such decision. Such decision by the Owner shall bear no liability. 

33.0 DISTINCT MARK ON EQUIPMENT AND MATERIALS: 

All the equipments and materials required for the works shall have distinct mark of 

Owner either by way of punching on metal part(s) and/or in built during casting and/or 

painting as per common practice and/or as mutually agreed. This should be clearly visible 

in day light in naked eye. 

34.0 DISPUTE RESOLUTION AND JURISDICTION: - 

(a) Any disputes arising out of this contract shall be referred to the MD, OPTCL who 

shall decide the case as sole Arbitrator. 

(b) For the purpose of dispute resolution, this agreement shall be governed by the 

provision of Arbitration and Conciliation Act, 1996. 

(c) All disputes shall be subjected to exclusive jurisdiction of the Courts at 

Balasore and the writ jurisdiction of Hon‟ble High Court of Odisha at 

Cuttack. 


35.0 TRANSFER AND SUB-LETTING 

The Contractor shall not sublet, transfer, assign or otherwise part with the Contract or 

any part thereof, either directly or indirectly, without prior written permission of the 

Owner. 

36.0 FREE ISSUE OF MATERIALS 

36.01 Purchaser shall issue materials such as Transformer, VCB, Conductor, AB Cable & 

Accessories (Suspension Clamp, Dead End Clamp, Eye Hook, Piercing Connector, 

Neutral Connector), Transformer Distribution Boxes to the Contractor as per the works 

schedule agreed at the time of award of works as stated in the scope of work. However, 

this shall be subject to the actual progress of the work as certified by the Owner‟s 

Engineer. 

36.02 Before issue of the free issue materials the Contractor at its own cost shall arrange 

suitable stores adjacent to the works site and shall offer the same for inspection to the 

Owner‟s Engineer. 

36.03 The contractor shall furnish Indemnity bond for an amount equivalent to the 

estimated value of the free supply materials / dismantled materials returnable as 

certified by Engineer in charge. The Contractor shall submit Indemnity Bond in the 

prescribed format. 

36.04 Subject to compliance of above clauses, the Contractor shall be permitted to draw the 

materials from the designated stores of the Owner. The Contractor shall duly 

acknowledge the materials along with copies of the notification to the Insurer regarding 

such transit of material from designated stores of the Owner to the stores of the 

Contractor. 

36.05 After completion of the works all surplus materials shall be returned to the Purchaser‟s 

stores. For any shortage with regard to materials supplied by the Purchaser, the Purchaser 

shall be entitled to recover 125% of the purchase cost of such materials or present market 

cost, whichever is higher, from the dues of the Contractor. 


37.0 SUBMITTALS REQUIRED AFTER AWARD OF CONTRACT 

37.01 Within 30 days of the effective date of contract the contractor shall provide three copies 

of an outline program of production, inspection, testing, delivery, survey, erection, precommissioning 

and commissioning in chart form. Included in the program will be the 

detailed schedule of drawing to be submitted. 

37.04 The periodic progress report as required by the Owner shall be submitted by the 

contractor as per the format prescribed by the Engineer in Charge. 

38.0 DRAWINGS 

Within 15 days of contract commencement the contractor shall submit, for approval by 

the Engineer in Charge, a schedule of the drawings to be produced. The schedule shall 

also provide a program of drawing submission, for approval by the Engineer in Charge. 

All drawings and design should be submitted to Engineer-In-Charge within the period 

specified above. 

39.0 APPROVAL PROCEDURE OF SUB VENDORS & DRAWINGS OF BOUGHT 

OUT MATERIALS 

39.01 The contractor shall submit all drawings, documents and type test reports, QAP, Name of 

Sub vendor, samples (as applicable) etc, to the engineer in charge within 15 days of 

award of LOA for approval. If modifications to be made if such are deemed necessary, 

the contractor has to resubmit them for approval without delaying the initial deliveries or 

completion of the contract work. 

39.02 Three copies of all drawings, GTP, QAP shall be submitted for approval and three copies 

for any subsequent revision. 

39.03 If the drawings will be as per the technical specifications, the competent authority of the 

Purchaser will return the drawings & documents to the contractor marked with 

“Approved” stamp. 

40.0 TAKING OVER 

40.1 Upon successful completion of all the tests to be performed at site on equipment / 

materials supplied, erected and commissioned by the contractor, the supply engineer shall 

issue to the contractor a taking over certificate as a proof of the final acceptance of the 

equipment / materials on a written request within 10 days of commercial operation. Such 


certificate shall not be un-reasonably withheld nor will the engineer delay the issuance 

thereof on account of minor omission or defects, which do not affect the commercial 

operation and / or cause any serious to the equipment/material. The conditional 

Takingover Certificate can be issued if any minor omission or defects pointed by the 

Engineer- in-Charge/Supervising Officer/Electrical Inspector. The Contractor should 

rectify those defects within a month of conditional T.O.C failing which Owner will 

rectify those by replacing those materials or engaging other agencies. The amount so 

involved will be fully recovered from the Contractor‟s bill. Such certificate shall, 

however, not relieve the contractor of any of his obligations which otherwise survive by 

the terms & conditions of the contract after issuance of such certificate. 

40.2 For the satisfaction of Owner about quality, the Owner shall have unreserved right for 

arrangement of testing of equipment/ materials and the complete system independently 

by self or any other agency chosen by the Owner. The contractor is expected to agree and 

extend necessary help during such test if necessary. 

41.0 LATENT DEFECT WARRANTY 

41.1 The period of latent defect warranty in terms of this bidding documents, shall be limited 

to five (05) years from the date of completion of Guarantee period. 

42.0 EMBOSSING / PUNCHING / CASTING / PAINTING 

42.1 The all equipments and materials supplied /erected under the CAPEX Programme shall 

bear distinct mark of “Name of the Purchaser, GoO, CAPEX Programme, PO Order No. 

& Date” by a way of embossing / punching / casting / painting etc. This should be clearly 

visible to naked eye. 

43.0 INDEMNIFY 

43. The Contractor, its successor and assignee shall indemnify the Owner, its successor and 

assignee from all current & future liabilities that may arise out of Turn Key Contract(s) entered 

into between the Owner & the Contractor under this CAPEX Programme. The Owner in term 

shall indemnify the GoO & GRIDCO. 

Dy. General Manager(P&S) 

NESCO, Balasore 



GENERAL CONDITIONS OF CONTRACT (GCC) 

GROUP- C 

1.0 GENERAL INSTRUCTIONS: 

1.01 All the Bids shall be prepared and submitted in accordance with these instructions. 

1.02 Bidder shall bear all costs associated with the preparation and delivery of its Bid, and the Purchaser will 

in no case shall be responsible or liable for these costs. 

1.03 The Bid should be submitted by the Bidder in whose name the bid document has been issued and under 

no circumstances it shall be transferred / sold to the other party. 

1.04 The Purchaser reserves the right to request for any additional information and also reserves the right to 

reject the proposal of any Bidder, if in the opinion of the Purchaser, the data in support of Tender 

requirement is incomplete. 

1.05 The Bidder is expected to examine all instructions, forms, terms & conditions and specifications in the 

Bid Documents. Failure to furnish all information required in the Bid Documents or Submission of a Bid 

not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid. 

However, the Purchaser‟s decision in regard to the responsiveness and rejection of bids shall be final and 

binding without any obligation, financial or otherwise, on the Purchaser. 

2.0 DEFINITION OF TERMS: 

2.01 NESCO shall mean the “Purchaser” on whose behalf this bid enquiry is issued by its authorized 

representative / officers. 

2.02 “Bidder” shall mean the firm who quotes against this bid document issued by the Purchaser. “Contractor / 

Seller” shall mean the successful Bidder(s) whose bid has been accepted by the Purchaser and shall 

include his heirs, legal representatives, successors and permitted assigns. 

2.03 “Site” shall mean the Electricity Distribution Area of the Purchaser. 

2.04 “Specification” shall mean collectively all the terms and stipulations contained in those portions of this 

bid document known as Instruction to Bidder, Bid form and other forms as per Section –V, General 

Conditions of Contract, Specifications and the Amendments, Revisions, Deletions or Additions, as may 

be made by the Purchaser from time to time. 

2.05 “Letter of Intent” shall mean the official notice issued by the Purchaser notifying the Contractor that his 

proposal has been accepted and it shall include amendments thereto, if any, issued by the Purchaser. The 

“Letter of Intent” issued by the Purchaser shall be binding on the “Contractor”. The date of detailed 

Purchase Order shall be taken as the effective date of the commencement of contract. 

2.06 “Month” shall mean the calendar month and “Day” shall mean the calendar day. 

2.07 “Codes and Standards” shall mean all the applicable codes and standards as indicated in the Technical 

Specification. 

2.08 “Offer Sheet” shall mean Bidder‟s firm offer submitted to Purchaser in accordance with the specification. 

2.09 “Contract” shall mean the “Detailed Purchase Order” issued by the Purchaser. 

2.10 “Contract Price” shall mean the Price referred to in the “Detailed Purchase Order”. 

2.11 “Contract Period” shall mean the period during which the “Contract” shall be executed as agreed between 

the Contractor and the Purchaser in the Contract inclusive of extended contract period for reasons beyond 

the control of the Contractor and / or Purchaser due to force majeure. 

2.12 “Goods/Materials” shall mean all items to be supplied under Purchase Order whether raw materials, 

processes materials, equipment, fabricated Materials, drawings or other documents etc. as applicable. 

2.13 “Store” shall mean the Purchaser‟s Store as given in the tender document. 


2.14 “Project / Unit” shall mean supply of Materials as per enclosed technical specification. 

3.0 CONTRACT DOCUMENTS & PRIORITY: 

3.01 Contract Documents: The Specification, terms and conditions of the contract shall consist solely of these 

Tender conditions and offer sheet. 

3.02 Priority: Should there be any discrepancy between any terms hereto and any term of the offer sheet, the 

terms of this tender document shall prevail. 

4.0 SCOPE OF WORK: 

4.01 The “Scope of Work” shall be on the basis of Bidder‟s responsibility, completely covering the 

obligations, responsibility and workmanship, provided in this Bid Enquiry whether implicit or explicit. 

4.02 The Purchaser reserves the right to vary the quantity i.e increase or decrease, at the time of placing order or 

during project execution. 

4.03 All relevant drawings, data and instruction manuals and other necessary inputs shall be under the scope of 

contract. 

5.0 GENERAL REQUIREMENTS: 

5.01 The seller shall supply, deliver best quality Goods/Materials/Equipments & conduct the testing at their 

works of highest standards. 

6.0 The seller shall be responsible & shall comply with the provisions of all statutory acts i.e Electricity Act 

2003, Indian Electricity Rules 1956, Income Tax Act-1961 etc. 


7.0 INSPECTION & TESTING: 

i) The Purchaser‟s representative shall be entitled at all reasonable times during manufacture to 

inspect examine and test on the Contractor‟s premises the materials and workman-ship of all 

equipment to be supplied under this contract and if part of the said equipment is being 

manufactured else where in any Sub-Contractor‟s premises, the Contractor shall obtain for the 

Purchaser‟s representative, permission to inspect, examine and test as if the equipment were 

being manufactured on the Contractor‟s premises. Such inspection, examination and testing shall not 

release the Contractor from his obligations under the contract. 

ii) The Contractor shall give to the Purchaser adequate time/ notice (minimum of two weeks time) in 

writing for inspection of materials indicating the place at which the equipment is ready for testing 

and inspection and shall also furnish the Routine Test Certificates and Packing List along with 

offer for inspection to the Purchaser indicating the quantity which can be delivered in full truck 

load / Mini truck load to facilitate issue of dispatch instruction. 

iii) 

iv) 

Where the contract provides for test on the Premises of the Contractor or of any of his Sub- 

Contractors, the Contractor shall provide such assistance, labour, materials, electricity, fuel and 

instruments as may be required or as may be reasonably demanded by the Purchaser‟s 

representative to carryout such tests efficiently. The Contractor is required to produce Shop 

Routine Test Certificates before offering their materials for inspection. 

After completion of the tests as indicated above, the Purchaser‟s representative shall forward the test 

results to the Purchaser. If the test results confirm to the specific standard, the Purchaser shall 

approve the test results and communicate the same to the Contractor in writing. The Contractor 

shall provide atleast three copies of the test certificates to the Purchaser. 

v) The Purchaser has the right to have the test carried out at his own cost by an independent agency 

whenever there is a dispute regarding the quality of supply. 

vi) 

vii) 

The Purchaser at its discretion may re-test the Materials/Equipment at its own laboratory or 

laboratory of his choice for reconfirmation of the test results, particularly no load losses, load 

losses and percentage impedance, etc. 

Besides the above, the Third Party Independent Evaluation Agency (TPIEA) engaged by GRIDCO 

shall have right to conduct the Pre & post dispatch inspection (as explain above) of the Equipment/ 

Materials procured by the purchaser jointly along with the representative of 

purchaser/independently by the TPIEA as the case may be 


8.0 TRAINING FACILITIES : 

The Contractor shall provide all possible facilities for training of Purchaser‟s Technical personnel, when 

deputed by the Purchaser for acquiring first hand knowledge in assembly of the equipment and for it‟s 

proper operation and maintenance in service. 

9.0 REJECTION OF MATERIALS: 

a) 

In the event, any of the materials / equipment supplied by the Contractor is found defective due to faulty 

design, bad workmanship, bad materials used or otherwise not in conformity with the requirements of the 

Specification, the Purchaser shall either reject the materials / equipment or ask the Contractor in writing 

to rectify the same. The Contractor on receipt of such notification shall either rectify or replace the 

defective materials/equipment free of cost to the Purchaser. If the Contractor fails to do so, the Purchaser 

may :- 

At its option replace or rectify such defective materials/equipment and recover the extra costs so involved 

from the Contractor plus (15%) fifteen percent and / or. 

b) 

c) 

Terminate the contract for balance work / supplies with enforcement of penalty Clause as per contract for 

the un-delivered materials and with forfeiture of Performance Guarantee/ Composite Bank Guarantee. 

Acquire the defective equipment / materials at reduced price considered equitable under the 

circumstances. 

10.0 EXPERIENCE OF BIDDERS : 

10.1 The bidder(s) should furnish information regarding experience particularly on the following points : 

i) Name of the manufacturer : 

ii) Standing of the firm for manufacture of equipment/material quoted : 

iii) 

iv) 

Description of materials/equipment supplied during the last 3 (three) years with the name (s) of 

the party (s) to whom supplies were made. 

Testing facilities at manufacturer‟s work with copies of calibrated certificates of the major testing 

equipment. 

v) If the manufacturer is having collaboration with other firm(s), details regarding the same: 

vi) A list of Purchase orders, executed during the last three years along with user‟s certificate and 

copies of Purchase orders. 

10.2 Bids may not be considered if the past manufacturing experience is found to be un-satisfactory as 

mentioned under clause -6 of the IFB 

11.0 LANGUAGE AND MEASURES : 

All documents pertaining to the contract including Specifications, Schedule, Notice, Correspondence, 

Operating & Maintenance instructions, Drawings or any other writing shall be written in English 

language. The metric system of measurement shall be used exclusively in this contract. 

12.0 DEVIATION FROM SPECIFICATION : 

It is in the interest of the Bidders to study the Specification, drawing etc. specified in the tender document 

thoroughly before tendering so that, if any deviations are made by the Bidders, the same are prominently 

brought out on a separate sheet in the Technical & Commercial Deviation Formats enclosed at Annexure 

VI (A) & VI (B) in this document. Deviation mentioned in any other format or any other part of the offer 

document shall not be considered as a deviation & in such case it will be presumed that the bidder has 

accepted all the conditions, stipulated in the tender Specification, notwithstanding any exemptions 

mentioned therein. 

13.0 PRICE BASIS: 


13.01(a) 

(b) 

(c) 

Bidder shall quote “FIRM” price. 

The breakup of prices shall indicate all types of Taxes, Duties and other Levies of whatsoever nature 

indicated separately and clearly, Packing & forwarding, transportation to site/store(extra) including 

transit insurances and entry tax etc. Exemption from any duties/taxes, if any, shall be supported with 

relevant documentary evidence. 

The above Prices shall also include loading at factory site & unloading at Purchaser‟s site/stores. Price 

evaluation will be based on total landing cost, taking into account all taxes and duties. 

CST / VAT clearance certificate, Copy of PAN card, latest IT Return, Exise Duty Registration Certificate 

should be attached. 

14.0 TERMS OF PAYMENT: 

100% value of each consignment will be paid within 45 days of receipt of materials in good conditions at 

stores/ desired destination and verification there of subject to approval of the Guarantee certificates & 

Test Certificates and submission & acceptance of Performance Bank Guarantee equivalent to 10 % of 

Total Contract Price on non-judicial stamp paper worth Rs.100in the prescribed format from a Public 

Sector Bank encashable at Balasore only. 

Or else an equivalent amount of 10 % of the Total Contract Price shall be deducted from the 

invoice of the first consignment & the same shall be refunded after submission and approval of the 

required Performance Bank Guarantee or expiry of Guarantee Period whichever is earlier. 

15.0 PRICE VALIDITY: 

15.01 All bids submitted shall remain valid, firm and subject to unconditional acceptance by Purchaser for 180 

days post bid date. For award of Contract, the prices shall remain valid and firm till contract completion. 

16.0 GUARANTEE: 

16.01 The bidder shall guarantee for satisfactory performance of the equipments/materials for a 

minimum period of 60 months from the date of Commissioning or 66 months from the date of 

receipt of last consignment whichever is earlier. In the event of any defect in the equipment/ materials 

arising out of faulty design, inferior quality of raw material used or bad workmanship within the 

guarantee period, the Seller shall guarantee to replace/ repair to the satisfaction of the Purchaser the 

defective equipments free of cost. Should however, the manufacturer fails to do so within a reasonable 

time, the Purchaser reserves the right to recover the amount from the seller either from the bills pending 

or may recover from the Performance Guarantee submitted by the firm. Seller shall give a Performance 

Bank Guarantee in favour of the Purchaser for 10% of the order value valid for 90 days over and 

above the guarantee obligation. 

16.02 If during the defect liability period any services performed found to be defective, these shall be promptly 

rectified by seller at its own cost (including the cost of dismantling and reinstallation) on the instruction 

of Purchaser. 

17.0 RELEASE: 

The seller‟s Performance Bank Guarantees / Assignable Bank Guarantee will be released without interest 

within thirty (30) days from the last date up to which the Performance Bank Guarantee has to be kept 

valid (as defined in Clause 16.01). 

18.0 TECHNICAL INFORMATION / DATA: 

The Purchaser and the Contractor, to the extent of their respective rights permitting to do so, shall 


exchange such technical information and data as is reasonably required by each party to perform its 

obligations and responsibilities. The Purchaser and the Contractor agree to keep each other in confidence 

and to use the same degree of care as he uses with respect to his own proprietary data to prevent its 

disclosure to third parties of all technical and confidential information. The technical information, 

drawings, records and other document shall not be copied, transferred, traced or divulged and / or 

disclosed to third party in full / part nor misused in any other form. This technical information, drawing 

etc. shall be returned to the Purchaser with all approved copies and duplicates. In the event of any breach 

of this Contract, the Contractor shall indemnify the Purchaser against any loss, cost of damages of claim 

by any party in respect of such breach. 

19.0 EFFECTIVE DATE OF COMMENCEMENT OF CONTRACT : 

19.01 The date of the issue of the detailed Purchase Order shall be treated as the effective date of the 

commencement of Contract. 

20.0 The bidder shall quote the basic price as well as all taxes & duties as per the enclosed format for bid 

prices. 

21.0 PENALTY: 

21.01 As time is the essence of contract, the materials should be supplied strictly as per supply schedule as 

stipulated in Purchase order failing to which order to be treated as cancelled & contract performance 

Bank Guarantee will be invoked. 

21.02 The total amount of penalty for delay under the contract will be subject to a maximum of five percent 

(5%) of the contract price. 

21.03 The Purchaser may, without prejudice to any method of recovery, deduct the amount for such damages 

from any amount due or which may become due to the seller or from the Performance Bank Guarantee or 

file a claim against the seller. 

22. VALIDITY OF THE ORDER: 

The Order is valid up to schedule date of delivery, unless otherwise extended by the Competent 

Authority. The Order shall stand cancelled automatically beyond the validity period without any 

correspondences and liabilities to the purchaser. 

23. PACKING : 

The materials / equipments shall be packed by the seller suitably as per the standard procedure for safe 

transport to the site / store. The cases shall be clearly marked showing distinctly the name and address of 

the consignee. In case of special instructions, such as “this end up”, “fragile”, “handles with care” etc., 

the same shall be clearly displayed on the cases. 

24.0 COMMISSIONING SPARES: 

The seller shall replace, free of cost, any spares which may be found defective by the buyer during 

commissioning. 

25.0 DISPUTE RESOLUTION & JURISDICTION OF CONTRACT: 

25.1 Any dispute arising out of this contract shall be referred to the MD, NESCO who shall decide the case as 

sole arbitrator. 

25.2 For the purpose of dispute resolution, this agreement shall be governed by the provision of Arbitration & 

Conciliation Act, 1996. 

25.3 All disputes shall be subject to exclusive jurisdiction of the Court at Balasore and Writ jurisdiction of 

Hon‟ble High Court of Odisha at Cuttack. 


26.0 EVENTS OF DEFAULT: 

26.1 Events of Default. Each of the following events or occurrences shall constitute an event of default 

(“Event of Default”) under the Contract : 

(a) Seller fails or refuses to pay any amount due under the Contracts. 

(b) Seller fails or refuses to deliver Commodities conforming to his Bid document/ specifications, or fails 

to deliver Commodities and, or execute the works assigned to them within the period specified in P.O or 

any extension thereof. 

(c) Seller becomes insolvent or unable to pay its debts when due, or commits any act of bankruptcy, such 

as filing any petition in any bankruptcy, winding-up or reorganization proceeding, or acknowledges in 

writing its insolvency or inability to pay its debts; or the Seller‟s creditors file any petition relating to 

bankruptcy of Seller; 

(d) Seller otherwise fails or refuses to perform or observe any term or condition of the Contract and such 

failure is not remediable or, if remediable, continues for a period of 30 days after receipt by the Seller of 

notice of such failure from Purchaser. 

27.0 CONSEQUENCES OF DEFAULT: 

(a) If an Event of Default occurs and would be continuing, Purchaser may forthwith terminate the 

Contract by written notice. 

In the Event of Default, Purchaser may, without prejudice to any other right granted to it by law, or 

the Contract, take any or all of the following actions; 

i) 

ii) 

present for payment, to the relevant bank the Contract Performance Bank Guarantee; 

Recover any losses and / or additional expenses, Purchaser may incur as a result of 

S eller‟s default. 

28.0 FORCE MAJEURE: 

28.01 The term “Force Majeure” as employed herein include, acts of God or force of nature, landslide, 

earthquake, flood, fire, lightning, explosion, major storm (hurricane, typhoon, cyclone etc. ) or major 

storm warning, tidal wave, shipwreck and perils of navigation, act of war (declared or undeclared ) or 

public enemy, strike (excluding employee strikes, lockouts or other industrial disputes or action solely 

among employee of Contractor or its subcontractors ) act or omission of Sovereign States or those 

purporting to represent Sovereign States, blockade, embargo, quarantine, public disorder, sabotage, 

accident or similar events beyond the control of the parties or either of them. 

Force Majeure shall not include occurrences as follows : 

1. Late delivery of materials caused by congestion of Seller‟s facilities or elsewhere, and oversold 

condition of the market, inefficiencies, or similar occurrences. 

2. Late performance by Seller and / or Sub-Seller caused by unavailability of raw materials, 

supervisors or labour, inefficiencies of similar occurrences. 

3. Mechanical breakdown of any item of Seller‟s or its Sub-Seller‟s equipment, plant or machinery. 

4. Delays due to ordinary storm or inclement weather or 

5. Non-conformance by Sub-Seller. 

Unless the delay arises out of a Force Majeure occurrence and is beyond both Seller‟s and Sub-Seller‟s or 

Seller‟s control and an alternate acceptable source of services, equipment or material is unavailable. 

Additionally, Force Majeure shall not include financial distress of Seller or any Sub-Seller. 


28.02 In the event of either party being rendered unable by Force Majeure to perform any obligation required to 

be performed by them under the Contract, the relative obligation of the party affected by such Force 

Majeure shall be suspended for the period during which such cause lasts. Time for performance of the 

relative obligation suspended by Force Majeure shall then stand extended by the period for which the 

cause lasts. 

28.03 Upon the occurrence of any Force Majeure event, the party so affected in the discharge of its obligation 

shall promptly, but no later than seven (7) days give written notice of such even to the other party. The 

affected party shall make every reasonable effort to remove or remedy the cause of such Force majeure or 

mitigate its effect as quickly as possible. If such occurrence results in the suspension of all or part of the 

work for a continuous period of more than 10(ten) days, the parties shall meet and determine the 

measures to be taken. 

28.04 Any delay or failure in performance by either party hereto shall not give rise to any claims for damages or 

loss of anticipated profits if and to the extent, such delay or failure is caused by Force Majeure. 

29 EMBOSSING / PUNCHING / CASTING 

29.1 The all equipments and materials supplied shall bear distinct mark of “NESCO”, PO Order 

No. & Date” Serial No. by a way of embossing / punching / casting etc. This should be clearly visible to 

naked eye. 

30.0 

30.01 

THE LAWS AND JURISDICTION OF CONTRACT: 

The laws applicable to this Contract shall be the Laws in force in India. 

30.02 

All disputes arising in connection with the present Contract shall be settled amicably by mutual consultation failing 

which shall be finally settled as per the rules of Arbitration and Conciliation Act, 1996 at the discretion of Purchaser. 

The jurisdiction of arbitration shall be at Balasore, Orissa, India. 

31.0 INDEMNIFY 

31.01 The Vendor, its successor and assignee shall indemnify the Purchaser, its successor and assignee from all 

current & future liabilities that may arise out of purchase contract(s) entered into between the vendor & 

the Purchaser. 




S 

E 

C 

T 

I 

O 

N 

– 

I 

SECTION –IV 

TECHINICAL SPECIFICATIONS 

( Refer separate file for Gr.A , 

Gr.B & Gr.C ) 


SECTION - V 

ANNEXURE 

Group A & B 


BID PROPOSAL LETTER 

Electrical Installation of Works under NESCO 

ANNEXURE – I 

Bidder‟s Name and Address: 

(in case of JV/Consortium, Name of JV/Consortium) 

Bid Proposal Reference: 

Person to be contacted: 

Designation: 

Telephone No. : E-mail: Fax No. : 

To, 


Corporate Office, NESCO, 

Januganj, Balasore-19 

Dear Sir, 

We the undersigned bidder have read and examined the detailed specification and bidding 

documents for execution of various electrical installations works and do herewith submit our 

bid for the following packages: 

Sl. 

No. 

Name of the 

Owner 

Name of the 

Package 

Estimated Cost 

(Rs. in Cr.) 

We declare the following: 

1.0 PRICES AND VALIDITY: 

1.01 All the prices and price components stated in our bid proposal are firm and not subject 

to any price adjustment, in line with the bidding documents. All the prices and other 

terms and conditions of this proposal are valid for a period of 180 days from the date of 


opening of the bids. We further declare that prices stated in our proposal are in 

accordance with “Instructions to Bidders” of bidding documents. 

1.02 We do hereby confirm that our bid prices as quoted in attached Schedules include all 

import duties and levies including license fees lawfully payable by us on imported items 

and other taxes, duties and levies applicable on bought – out components, materials, 

equipment and other items and confirm that any such taxes, duties and levies 

additionally payable shall be to our account. 

1.03 We confirm that the Sales tax on Works Contract, Turnover Tax or any other similar 

taxes under the Sales Tax Act, as applicable, are included in our quoted bid price and 

there shall not be any liability on this account to the Purchasers. We understand that 

Owner shall, deduct such taxes at source as per the rules and issue TDS Certificate to 

us. 

1.04 We confirm that, in our Bid Price, we have considered service tax in line with lawful 

prevalent practice. 

1.05 Price components of various items are indicated in the B.O.Q. for the respective works. 

1.06 We further declare that while quoting the price, the due credit under MODVAT scheme, 

re-christened as CENVAT scheme, as per relevant Government policies wherever 

applicable, have been taken into account. 

1.07 We, having studied the bidding document in three volumes relating to taxes & duties 

and hereby, declare that if any income tax, charge on income tax or any other corporate 

tax is attracted under the law, we agree to pay the same. 

1.08 We are aware that the Price schedules do not generally give a full description of the 

supplies to be made and work to be performed under each item and we shall be deemed 

to have read the Technical Specifications and other bidding documents and drawings to 

ascertain the full scope of work included in each item while filling in the related and 

prices. We agree that the entered rates and prices shall be deemed to include the full 

scope as aforesaid, including overheads and profits. 


1.09 We understand that in the price schedule, if there is discrepancy between the unit price 

and total price, the same shall be corrected as per relevant provisions. 

1.10 We declare that prices for items left blank in the schedules will be deemed to have been 

included in other items. The TOTAL for each schedule and the TOTAL of Grand 

summary shall be deemed to be the total price for executing the facilities and sections 

thereof in complete accordance with the contract, whether or not each item has been 

priced. 

2.0 CONSTRUCTION OF THE CONTRACT 

2.01 We declare that we are making the offer on the basis of indivisible supply-cum- 

Erection contract on a single source responsibility basis. 

3.0 BID SECURITY (EMD) 

We are enclosing Bank Draft / Bank Guarantee No. dtd. amounting to 

Rs.--------------------- (Rupees 

only) issued by 

Bank ---------------------------branch, payable on Balasore towards Bid Security 

against our above Bid. The Bid Security amount has been computed by adding the 

Estimated Cost of the package no.s ------------------- for which we are submitting our 

bid. 

4.0 EQUIPMENT PERFORMANCE GURANTEE 

We declare that the ratings and performance figures of the equipment to be furnished 

and erected by us are guaranteed. The Guaranteed particulars of different equipments 

are enclosed along with our bid. 

5.0 BID PRICING 

We further declare that the prices stated in our proposal are in accordance with your 

„Instruction of Bidders of Conditions of Contract, Volume-1 of the bid documents. 

6.0 PRICE ADJUSTMENT 

We declare that all the prices and price components stated in our offer are on FIRM 

price basis. 


7.0 QUALIFICATION 

We confirm having submitted the Qualification Data in original plus one copy, as 

required by you under clause 6.0 „Invitation for Bids‟. Further we have filled in the 

information for qualification requirements. In case you require any further 

information in this regard, we agree to furnished the same in time . 

8.0 DEVIATIONS 

8.01 We declare that the contract shall be executed strictly in accordance with the 

specifications and documents except for the variations and deviations all of which 

have been detailed out exhaustively in the following schedules, irrespective of 

whatever has been stated to the contrary anywhere else in our proposal. 

a) Commercial Deviations Schedule 

b) Cost of withdrawal of Deviations on Critical 

c) Technical Deviation Schedule 

8.02 We confirm that specified stipulation of following critical clauses is acceptable to us 

and no deviations/exceptions are taken on any account whatsoever in the following 

clauses: 

(a) Payment Terms : 

(b) Bid Guarantee : 

(c) Contract Performance Guarantee : 

(d) Liquidated Damages for delay : 

(e) Prices and Price Adjustment : 

(f) Guarantee / Warrantees : 

8.03 Further, we agree that the additional conditions, deviations, if any, found in our bid 

proposal documents other than those stated in attached Deviation Schedules, save that 

pertaining to any rebates offered, shall not be given effect to. 

9.0 ADDITIONAL INFORMATION 

We have included with this proposal additional information listed. We further confirm 

that such additional information does not imply any additional deviation beyond those 

covered in appropriate schedules and in case of any contradiction between these 

additional information and other provisions of Bid, the latter prevail. 


10.0 GURANTEE DECLARATION 

We guarantee that the equipment offered shall meet the rating and performance 

requirements stipulated in this specification. The Guarantee Declaration which shall 

attract levy of liquidated damages for non-performance is indicated in the relevant 

schedule. 

11.0 BOUGHT-OUT AND SUB-CONTRACTED ITEM 

We are furnishing herewith at appropriate Schedule, the detail of all major item of 

supply amounting to more than 10% of our Bid Price, which were propose subletting 

giving detail of the name of sub-contractor/sub-vendor and quantity for each item. 

12.0 WORK SCHEDULE 

If this proposal is accepted by you, we agree to submit engineering data, provide 

services and complete the entire work from time to time, in accordance with schedule 

indicated in the proposal. We fully understand that the time schedule stipulated in this 

proposal is the essence of the contract, if awarded. The completion schedule of the 

various major key phases of the work is indicated in the designated schedule. 

13.0 CONTRACT PERFORMANCE GUARANTEE 

We further agree that if our Bid is accepted we shall provide an irrevocable Bank 

guarantee towards Contract Performance Guarantee, of value equivalent to ten percent 

(10%) of the Contract Price initially valid up to the end of ninety (90) days after the end 

of the contract warranty period in the form of Bank Guarantee in your favour within 15 

(fifteen) days from the date of „Notice of Award of Contract‟ and enter into a formal 

agreement with you immediately thereafter. 

14.0 CHECK LIST 

We have included a check list duly filled in Schedule. We understand that only this 

check list, commercial and technical deviation will be read out during the part-I bid 

opening before the bidders present. 

(For Joint Venture/consortium only) We, the Partners of joint venture/ consortium 

submitting their Bid, do agree and confirm that in case of Award of the Contract on the 


joint venture, we shall be jointly and severally responsible for the execution of the 

contract in accordance with contract terms and conditions. 

We, hereby declare that only the persons or firms interested in this proposal as 

principals are named herein and that no other persons or firms other that those 

mentioned herein have any interest in this proposal or in the contract to be entered into 

if we are awarded the contract, and that this proposal is made without any connection 

with any other person, firm or party likewise submitting a proposal and that this 

proposal is in all respect for and in good faith, without collusion or fraud. 

Dated this ………………………..day of ………………………………20….. 

Thanking you, 

Yours faithfully, 

(Signature of the Authorized Signatory) 

Name …………………………… 

Designation …………………………….. 

Seal of the company……….. 

(To be signed by lead partner in case of Joint Venture) Signature of other partner 

(s) in case of Joint Venture) 

Name ………………… 

Designation ………………….. 

Date : 

…………………………. 

Place : 

(Written power of Attorney of all signatories of the bid to commit the Bidder must be 

enclosed with the Bid. In case of joint venture, the written Power of Attorney of all 

signatories from respective partners must be enclosed with the Bid. . 

*** Applicable case of a Bid from Joint Venture of Firms. Further, the Bid must be 

signed by each partner of the Joint venture. 


ANNEXURE – II 

To, 


Corporate Office, 

NESCO, Januganj, 

Balasore-19 

DECLARATION FORM 

Sir, 

Having examined the above specifications together with the Tender terms and conditions 

referred to therein 

1 – I / We the undersigned do hereby offer to execute the contract covered there on in complete 

shape in all respects as per the rules entered in the attached contract schedule of prices in the 

tender. 

2 – I / We do hereby under take to have executed the contract within the time specified in the 

tender. 

3 – I / We do hereby guarantee the technical particulars given in the tender supported with 

necessary reports from concerned authorities. 

4 – I / We do hereby certify to have purchased a copy of the tender specifications by remitting 

Cash / Demand draft & this has been duly acknowledged by you in your letter 

No…………Dt………… 

5 – I / We do hereby agree to furnish the composite Bank Guarantee in the manner specified / 

acceptable by NESCO (as the case may be) & for the sum as applicable to me / us as per clause 

No.13 of Annexure -V of this specification within fifteen days of issue of Letter of intent / 

Work Order , in the event of Work order being decided in my / us favour , failing which I / We 

clearly understand that the said LOI / W.O. shall be liable to be withdrawn by the Owner. 

Signed this…………….Day of……………………20… 

Yours faithfully 

(Signature of Bidder with Seal of Company) 


ANNEXURE – III 

PROFORMA FOR CONTRACT PERFORMANCE BANK GUARANTEE 

(To be executed on Rs. 100/- Non-judicial Stamp Paper purchased in the name of the BG 

Issuing Bank) 

This Guarantee Bond is executed this day of by us, 

Bank at 

P.O. P.S. Dist State 

Whereas North Eastern Electricity Supply Company of Odisha Ltd.(NESCO) ,Corporate Office, 

Januganj, Balasore – 756019, Odisha registered under the Company Act 1956 (here in after 

called “Owner”) has placed Work Order No. Dt. (hereinafter called 

“Agreement”) with M/s 

(hereinafter called 

“the Contractor”) for supply and installation of 

(description of the works) 

and whereas Owner has agreed (1) to exempt the Contractor from making payment of security 

deposit, (2) to release 100% payment of the cost of materials as per the said agreement and (3) 

to exempt from performance guarantee on furnishing by the Contractor to Owner a composite 

Bank Guarantee of the value of 10% (ten percent) of the Contract price of the said Agreement. 

1. Now, therefore, in consideration of Owner having agreed (1) to exempt the Contractor 

for making payment of security deposit, (2) to release 100% payment to the Contractor and (3) 

to exempt from furnishing performance guarantee in terms of the said Agreement as aforesaid, 

we the Bank, Address (code No. 

) (hereinafter referred to as “the Bank”) do hereby undertake to pay to the Owner an 

amount not exceeding Rs. (Rupees ) 

only against any loss or damage caused to or suffered by the Owner by reason of any breach by 

the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 

2. We, the Bank do hereby undertake to pay the amounts due 

and payable under the guarantee without any demur, merely on a demand from Owner stating 

that the amount claimed is due by way of loss or damage caused to or suffered by Owner by 

reason of any breach by the said Contractor(s) of any of the terms or conditions contained in 

the said Agreement or by the reason of any breach by the said Contractor‟s failure to perform 

the said Agreement. Any such demand made on the Bank shall be conclusive as regards the 


amount due and payable by the Bank under this Guarantee. However, our liability under this 

guarantee shall be restricted to an amount not exceeding Rs. 

(Rupees 

) only. 

3. We, the Bank also undertake to pay to Owner any money 

so demanded not withstanding any dispute or dispute raised by the Contractor(s) in any suit or 

proceeding instituted/ pending before any court or Tribunal relating thereto our liability under 

this Agreement being absolute and irrevocable. The payment so made by us under this bond 

shall be valid discharge of our liability for payment there under and the Contractor(s) shall have 

no claim against us for making such payment. 

4. We, the Bank further agree that the guarantee herein 

contain shall remain in full force and effect during the period that would be taken for the 

performance of the said Agreement and it shall continue to remain in force endorsable till all 

the dues of Owner under by virtue of the said Agreement have been fully paid and its claim 

satisfied or discharged or till Purchaser certifies that the terms and conditions of the said 

Agreement have been fully and properly carried out by the said Contractor(s) and accordingly 

discharge this guarantee and will not be revoked by us during the validity of the guarantee 

period. 

Unless a demand or claim under this guarantee is made on us or with our 

Bhubaneswar branch at 

(Name, address of the Bhubaneswar branch and 

code No.) in writing on or before 

(date) we shall be discharged from 

all liability under this guarantee thereafter. 

5. We, the Bank further agree that Owner shall have the 

fullest liberty without our consent and without affecting in any manner our obligations 

hereunder to vary any of the terms and conditions of the said Agreement or to extend time of 

performance by the said Contractor(s) and we shall not be relieved from our liability by reason 

of any such variation or extension being granted to the said Contractor(s) or for any 

forbearance act or omission on part of Owner or any indulgence by Owner to the said 

Contractor(s) or by any such matter or thing whatsoever which under the law relating to 

sureties would but for this provisions have effect of so relieving us. 


6. The Guarantee will not be discharged due to change in the name, style and constitution 

of the Bank and or Contractor(s). 

7. We, the Bank lastly undertake not to revoke this 

Guarantee during its currency except with the previous consent of the Owner in writing. 

Dated the day of Two thousand . 

Not withstanding anything contained herein above. 

Our liability under this Bank Guarantee shall not exceed Rs. 

(Rupees 

) only. 

The Bank Guarantee shall be valid up to 

only. 

Our ………………………. branch at Bhubaneswar (Name & Address of the Bhubaneswar 

branch) is liable to pay the guaranteed amount depending on the filing of claim and any part 

thereof under this Bank Guarantee only and only if you serve upon us at our Bhubaneswar 

branch a written claim or demand and received by us at our Bhubaneswar branch on or before 

Dt. 

thereafter. 

For 

N.B.: 

otherwise bank shall be discharged of all liabilities under this guarantee 

(Indicate the name of the Bank) 

(1) Name of the Contractor: 

(2) No. & date of the Work order/ agreement: 

(3) Amount of W.O: 

(4) Name of Work: 

(5) Name of the Bank: 

(6) Amount of the Bank Guarantee: 

(7) Name, Address and Code No. of the Bhubaneswar Branch of the Issuing Bank: 

(8) Validity period or date up to which the agreement is valid: 

(9) Signature of the Constituent Authority of the Bank with seal: 

(10) Name & addresses of the Witnesses with signature: 

(11) The Bank Guarantee shall be accepted only after getting confirmation from the 

issuing Branch & from main branch/specified branch at Bhubaneswar of issuing Bank. 


ANNEXURE – IV 

PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT 

(To be stamped in accordance with Stamp Act) 

(To be executed on Rs. 100/- Non-judicial Stamp Paper purchased in the name of the BG 

Issuing Bank) 

Ref............................ 

To, 

The Managing Director, 

NESCO, Balasore 

Bank Guarantee No................. 

Date ............................ 

Dear Sir, 

In consideration of Whereas North Eastern Electricity Supply Company of Odisha Ltd. (NESCO) 

(hereinafter referred to as the „Owner‟, which expression shall, unless repugnant to the context 

or meaning thereof include its successors, administrators and assigns) having awarded to 

M/s.................. (hereinafter referred to as the "Contractor” which expression shall unless 

repugnant to the context or meaning thereof, include its successors, administrators, executors 

and assigns), a Contract by issue of Owner‟s Letter of Award No.................. dated ................... 

and the same having been acknowledged by the Contractor, resulting in a Contract bearing 

No....................... dated .................. valued at ...................... for 

.................................................................. (Scope of work)................................... (Hereinafter 

called the 'Contract‟) and the Owner having agreed to make an advance payment to the 

Contractor for performance of the above Contract amounting................................. (in words 

and figures ) as an advance against Bank Guarantee to be furnished by the Contractor. 

We,................................................................................................................. (Name of the Bank) 

having its Head Office at .............................. (hereinafter referred to as the „Bank‟, which 

expression shall, unless repugnant to the context or meaning thereof , include its successors, 

administrators, executors and assigns ) do hereby guarantee and undertake to pay the Owner, 

immediately on demand any or, all monies payable by the Contractor to the extent of 

..................................... as aforesaid at any time up to ........ @ ............... without any demur, 

reservation, contest, recourse or protest and / or without any reference to the Contractor. Any 

such demand made by the Owner on the Bank shall be conclusive and binding notwithstanding 


any difference between the Purchaser and the Contractor or any dispute pending before any 

Court, Tribunal, Arbitrator or any other authority. We agree that the guarantee herein contained 

shall be irrevocable and shall continue to be enforceable till the Owner discharges this guarantee. 

The Owner shall have the fullest liberty without affecting in any way the liability of the Bank 

under this guarantee, from time to time to vary the advance or to extend the time for 

performance of the Contract by the Contractor. The Owner shall have the fullest liberty without 

affecting this guarantee, to postpone from time to time the exercise of any powers vested in 

them or of any right which they might have against the Contractor, and to exercise the same at 

any time in any manner, and either to enforce or to forbear to enforce any covenants, contained 

or implied, in the Contract between the Owner and the Contractor or any other course or remedy 

or security available to the Owner. The Bank shall not be released of its obligations under these 

presents by an exercise by the Owner of its liberty with reference to the matters aforesaid or any 

of them or by reason of any other act or forbearance or other acts of omission or commission on 

the part of the Owner or any other indulgence shown by the Owner or by another matter or thing, 

whatsoever, which under law would, but for this provision have the effect of relieving the 

Bank. 

Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against 

the Bank as a principal debtor, in the first instance without proceeding against the Contractor 

and notwithstanding any security or other guarantee that the Owner may have in relation to the 

Contractor'‟ liabilities. 

Notwithstanding anything contained hereinabove our liability under this guarantee is limited to 

.................. and it shall remain in force up to and including ...........@ ........... and shall be 

extended from time to time for such period (not exceeding one year ), as may be desired by 

M/s. ........................ on whose behalf this guarantee has been given. 

The Guarantee will not be discharged due to change in the name, style and constitution of the 

Bank and or Contractor(s). 

All other contentions in B.G will safe guard the interest of Owner. 

We, the 

Bank lastly undertake not to revoke this Guarantee 

during its currency except with the previous consent of Owner in writing. 


Dated the day of Two thousand . 

Notwithstanding anything contained herein above. 

Our liability under this Bank Guarantee shall not exceed Rs. 

) only. 

(Rupees 

The Bank Guarantee shall be valid up to 

only. 

Our ………………………. branch at Bhubaneswar (Name & Address of the Bhubaneswar 

branch) is liable to pay the guaranteed amount depending on the filing of claim and any part 

thereof under this Bank Guarantee only and only if you serve upon us at our Bhubaneswar 

branch a written claim or demand and received by us at our Bhubaneswar branch on or before 

Dt. 

otherwise bank shall be discharged of all liabilities under this guarantee 

thereafter. 

For 

(indicate the name of the Bank ) 

Dated this .............. Day of .........20......... at ......................................... 

WITNESS 

........................................................ ............................................................................... 

(Signature) 

(Signature) 

......................................................... ............................................................................... 

(Name) 

(Name) 

.......................................................... ............................................................................... 

(Official Address) 

(Designation with Bank Stamp) 

Attorney as per 

Power of Attorney No................... 

Dated ........................................... 

@ This date shall be ninety (90) days after the schedule date of completion of the 

Contract. 


ANNEXURE – V 

FORM OF POWER OF ATTORNEY FOR JOINT VENTURE 

(On Non –Judicial Stamp Paper of Appropriate value 

to be Purchased in the Name of Joint Venture) 

KNOW ALL MEN BY THESE PRESENTS THAT WE, the Members whose details are given 

hereunder…………………………….. have formed a joint Venture/Consortium and having our 

Registered Office (s)/Head Office (s) at ……………………………….(hereinafter called the 

„Joint Venture/Consortium‟ which expression shall unless repugnant to the context or meaning 

thereof, include its successors, administrators and assigns) do hereby constitute, nominate and 

appoint M/s……………………………………………. 

a company/Electrical Contractor 

incorporated under the laws of …………..and having its Registered/Head Office at 

…………….as our duly constituted lawful Attorney (hereinafter called “Attorney” (hereinafter 

called Lead Member) to exercise all or any of the powers for and on behalf of the joint 

venture/Consortium in regard to Tender Notice No…………….. for construction of 

……………. (name of the package) of NESCO (hereinafter called the “Owner”) for which bids 

have been invited by the Owner, to undertake the following acts : 

(i) To submit proposal, participate and negotiate in respect of the aforesaid Bid – 

Specification of the Owner on behalf of the “Joint Venture / Consortium”. 

(ii) 

(iii) 

To negotiate with Owner the terms and conditions for award of the contract pursuant to 

the aforesaid Bid and to sign the contract with the Owner for and on behalf of the “Joint 

Venture / Consortium”. 

To do any other act or submit any document related to the above. 

(iv) To receive, accept and execute the contract for and on behalf of the “Joint Venture / 

Consortium”. 

(v) To submit the Contract performance security in the form of an unconditional 

irrecoverable Bank Guarantee in the prescribed format and as per terms of the contract. 

It is clearly understood that the Lead Member shall ensure performance of the contracts(s) and 

if one or more Member fail to perform their respective portion of the contracts(s), the same 

shall be deemed to be a default by all the Members. 


It is expressly understood that this power of Attorney shall remain valid, binding and 

irrevocable till completion of the Defect of liability period in terms of the contract. 

The Joint Venture / Consortium hereby agrees and undertakes to ratify and confirm all the 

whatsoever the said Lead Member quotes in the bid, negotiates and signs the Contract with the 

Owner and / or proposes to act on behalf of the Joint Venture / Consortium by virtue of this 

Power of Attorney and the same shall bind the Joint Venture / Consortium as if done by itself. 

IN WITNESS THEREOF the Members Constituting the Joint Venture / Consortium as 

aforesaid have executed these presents on this ………… day of …….. under the Common Seal 

(s) of their Companies 

The Seal of the above Partners of the Joint Venture / Consortium: 

The Seal has been affixed there unto in the presence of: 

WITNESS 

1. Signature ………………………………… 

Name ………………………………… 

Designation ………………………………… 

Occupation ………………………………… 

for and on behalf of 

the members of Joint Ventures/Consortium 

………………………………… 

………………………………… 

………………………………… 

2. Signature …………………………………... 

Name ………………………………………. 

Designation ………………………………… 

Occupation ………………………………… 


FORM OF JOINT VENTURE/ CONSORTIUM AGREEMENT 

ANNEXURE – VI 

(To be executed on non-judicial stamp paper of appropriate value to be purchased in the name 

of executants or as required by the Jurisdiction in which executed) 

THIS Joint Venture/Consortium Agreement executed on this ……….. day of …………… Two 

thousand …………………… by: 

M/s. …………….…………….a company/Partnership Firm/Sole Proprietorship Organization 

incorporated under the …………….……………. Act/Laws and having its Registered 

Office/Head Office at ……………. …………….……………. ……………. (hereinafter called 

the "Lead Member/First Member" which expression shall include its successors),and 




the " Second Member" which expression shall include its successors),and 




the "Third Member" which expression shall include its successors),and 




the "Fourth Member" which expression shall include its successors). 

The Lead Member/First Member, Second Member, the Third Member and the Fourth Member 

shall collectively hereinafter be called as the “Joint venture/Consortium Members” for the 

purpose of submitting a bid proposal to North Eastern Electricity Supply Company of Orissa 

Ltd. (hereinafter referred to as NESCO) being a company incorporated under the Companies 

Act. 1956 having its. Corporate Office at Januganj,Balasore-19 (hereinafter called the 

“Owner”) in response to the invitation of bids (hereinafter called as “Tender Notice 

No…………….” Document) dated…………….. for supply, erection, Testing & 


Commissioning as per the scope of work ……………….(hereinafter called as “the 

Transaction”) 

WHEREAS Clause-2 of the Invitation for Bids (IFB), stipulates that two or more bidder(s) may 

form a joint venture/Consortium among them and apply against this tender specification, 

provided they fulfill the following eligible criteria; 

1. They should have legally valid Consortium agreement as per the prescribed format for 

the purpose of participation in the bidding process. The total no of a Consortium shall 

be limited to four members. 

2. One of the Joint Venture/Consortium members should be a Electrical Contractor having 

valid HT License. 

3. Consortium as a whole shall meet the qualifying norms specified in the tender, they 

participate. 

4. The lead member of the Consortium should meet at least 50% of the qualifying norms 

in respect to the work experience & Turn Over requirement. 

5. Besides the lead member, other member(s) of the Consortium together shall meet the 

balance 50% of the qualifying norms in respect to the work experience & Turn Over 

requirement. 

6. All the Consortium member(s) shall authorize the lead partner by submitting a power of 

Attorney as per the prescribed format duly signed by the authorized signatories. The 

lead partner shall be authorized to receive instructions for and on behalf of all partners 

of the Consortium and entire execution of the contract. 

7. The Consortium and its members shall be jointly and severally responsible and be held 

liable for the purpose of guaranteed obligation and any other matter as required under 

the contract. 

8. Any member of the Consortium member(s) shall not be eligible either in an individual 

capacity or part of any other Consortium to participate in the tender, where the said 

Consortium participates. 

9. Work Order(s) will be placed to lead members of the Consortium. 

10. In addition to the above the Lead Member of the bidder(s) should submit the following 

documents in part-I bid as qualifying terms. 

i. Valid electrical (HT) license for Electrical Works. 

ii. PAN & TIN No. 


iii. EPF registration. 

11. The Lead Member of the Bidder(s) shall have to furnish service tax registration, ESI 

and Labour license within 45 days of receipt of the order. 

12. The prescribed format for Power of Attorney (Annexure-V) is provided in the tender 

specification as enclosures. 

AND WHEREAS the members of the Joint Venture/Consortium together shall strictly comply the 

eligible criteria of the Clause-2 of the Invitation for Bids (IFB). 

AND WHEREAS bid has been proposed to be submitted to the Owner by Lead Member based on this 

Joint Venture/Consortium agreement all the members, signed by all the members. 

NOW THIS INDENTURE WITNESSETH AS UNDER: 

In consideration of the above premises, in the event of the selection of Joint Venture/Consortium as 

successful bidder, all the parties to this Joint Venture/Consortium Agreement do hereby agree abide 

themselves as follows: 

1. M/s ……………………………. Shall act as Lead Member for and on behalf of Joint 

Venture/Consortium Members. The said Joint Venture/Consortium members further declare and 

confirm that they shall jointly and severally be bound and shall be fully responsible to the Owner 

for supply, erection, Testing & commissioning as per the scope of work and successful 

performance of the works, obligations under the same by the Lead Member are as follows: 

i) Despite any breach by the Lead Member or other Member(s) of the Joint Venture/Consortium 

agreement, the Member(s) do hereby agree and undertake to ensure full and effectual and 

successful performance of the contract with the Owner and to carry out all the obligations and 

responsibilities under the said Contract in accordance with the requirements of the Contract. 

ii) If the Owner suffers any loss or damage on account of any breach in the Contract or any 

shortfall in the performance of the equipment in meeting the performance guaranteed as per the 

specification in terms of the Contract, the Members (s) of these presents undertake to promptly 

make good such loss or damages caused to the Owner, on its demand without any demur. It. 

shall not be necessary or obligatory for the Owner to proceed against Lead Member to these 

presents before proceeding against or dealing with the other Members(s). The obligation of 


each of the member is absolute and not independent of the Joint Venture/Consortium or any 

member. 

iii) The financial liability of the Members of this Joint Venture/Consortium agreement to the 

Owner, with respect to any of the claims arising out of the performance of non- performance of 

the obligations set forth in the said Joint Venture/Consortium agreement, read in conjunction 

with the relevant conditions of the Contract shall, however, not be limited in any way so as to 

restrict or limit the liabilities of any of the Partners of the Joint Venture/Consortium agreement. 

The liability of each Member is absolute and not severable. 

iv) It is expressly understood and agreed between the Members to this Joint Venture/Consortium 

agreement that the responsibilities inter se amongst the Members shall not in any way be a 

limitation of joint and several responsibilities and liabilities of the Members to the Owner. It is 

clearly understood that the Lead member shall ensure performance under the agreements and if 

one or more Joint venture/Consortium Member(s) fail to perform its/their respective obligations 

under the agreement(s), the same shall be deemed to be a default by all the Joint 

venture/Consortium Members. It will be open for the Owner to take any steps, punitive and 

corrective action including the termination of contract in case of such default also. 

v) This Joint Venture agreement shall be construed and interpreted in accordance with the laws of 

India and the courts of Odisha shall have the exclusive jurisdiction within Bhubaneswar in all 

matters arising there under. 

vi) In case of an award of a Contract, all the Members to the Joint Venture/Consortium agreement 

do hereby agree that Lead Partner shall furnish Performance Bank Guarantee for value of 10% 

of the Contract Price and additional 1% by the other Joint Venture/Consortium Member in the 

form of an unconditional irrecoverable Bank Guarantee in the prescribed format and as per 

terms of the contract. 

vii) It is further agreed that the Joint Venture/Consortium agreement shall be irrevocable and shall 

form an integral part of the Contract, and shall continue to be enforceable till the Owner 

discharges the same. It shall be effective from the date first mentioned above for all purposes 

and intents. 

viii) Capitalized terms used but not defined herein shall have same meaning as assigned to them in 

the Tender Documents and/or the agreements. 

ix) In case of any dispute amongst the members of the Joint Venture/Consortium, Owner shall not 

be in any way liable and also the Consortium members shall not be absolved from the 

contractual obligation in any manner. 


IN WITNESS WHEREOF the Members to the Joint Venture/Consortium agreement have through their 

authorized representatives executed these presents and affixed Common Seals of their companies, on 

the day, month and year first mentioned above. 

1. Common Seal …………….……of For Lead Member/First Member 

has been affixed in my/our presence 

pursuant to the Board of Director's 

resolution dt.------------ 

(Signature of authorized representative) 

Name... …………….……………. 

Signature.. ………….……………. 

Designation …….……………. 

Name …………….…………….…………… Common Seal of the company 

Designation…………….…………….…. …………….…………….……………. 

2. Common Seal of …………….…… For Second Member 



(Signature of authorized 

resolution dated 

representative) 

Name... …………….……………. 

Signature.. ………….……………. 

Designation ……….……………. 


Designation…………….…………….… …………….…………….…………. 

2. Common Seal of …………….…… For Third Member 




resolution dated 


Name... …………….……………. 

Signature.. ………….……………. 



Designation…………….…………….… …………….…………….…………. 

3. Common Seal of …………….…… 

For Fourth Member 





esolution dated 


Name... …………….……………. 

Signature.. ………….……………. 



Designation…………….…………….… …………….…………….…………. 

WITNESSES: 

1.…………….…………….…………. 

(Signature) 

Name …………..…………….…… 

2.…………….…………….…………. 

(Signature) 

Name …………….…………….… 

(Official address) 

(Official address) 


ANNEXURE – VII (A) 

To 

LETTER OF COMPLIANCE OF QUALIFYING REQUIREMENT 

(In case of Bidder being a Single Firm) 


Corporate Office , NESCO, 

Januganj,Balasore-756019 

Dear Sirs, 

I/We ……………. (Name of Bidder) are submitting the bid as a single firm. In support of our 

meeting the Qualifying requirements (QR) for bidders, stipulated in this tender specification, 

we furnish herewith the details/documents etc. as follows. 

Table – A: Previous Works Experience: 

Package 

Quoted 

for 

Description 

of Proposed 

Works 

Tender 

Qty 

Sl. 

No. 

FY 

Qty Installed & Commissioned 

Name 

of 

Client 

WO Ref 

Qty 

Installed 

Documents 

provided in 

proof of having 

executed the 

works during 

the relevant 

FY. 

Table – B: Average Annual Turnover: 

Package Quoted for 

Estimated 

Cost of the 

Package 

(Rs. in Lakh) 

Annual Turnover Data 

(Rs. in Lakh) 

Financial Year 

Last Three Year preceding to 

the year of tender 

Turnover 

(Rs. in Lakh) 

Total Estimated Cost of 

the packages quoted for 

Average Turnover 


Table – C: Access to Credit Facility: 


Total Estimated Cost 

of the packages 

quoted for 

One fifth of the total 

Estimated Cost as 

above. 


of the Package 

(Rs. in Lakh) 

Liquid Assets as on 

31.03.2012 Credit Facility 

(Rs. in 

Lakh) Description 

Description 

Cash in 

Hand 

Cash at 

Bank 

Fixed 

Deposits 

Total 

Liquid 

Assets 

Cash 

Credit 

LC 

Others (Pl 

Specify) 

Total 

Credit 

Facility 

(Rs. in 

Lakh) 

Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements and 

annexed to this Schedule. 

I/We declare that we are fulfilling the qualifying requirements as per clause no. 2.0 of Section – 

I, Invitation for Bids (IFB). 

For & on behalf of ………… (Name of the Bidder). 


ANNEXURE – VII (B) 

To 



NESCO,Januganj, 

Balasore-19 

LETTER OF COMPLIANCE OF QUALIFYING REQUIREMENT 

(In case of Bidder being a Joint Venture / Consortium Firm) 

Dear Sirs, 

I/We ……………. (Name of Bidder) are submitting the bid as a single firm. In support of our 

meeting the Qualifying requirements (QR) for bidders, stipulated in this tender specification, 

we furnish herewith the details/documents etc. as follows. 

Name of the members of the JV / Consortium 

1. 

2. 

3. 

Table – A: Previous Works Experience: Name of the Member (any one member only) 

Package 

Quoted 

for 

Description 

of Proposed 

Works 

Tender 

Qty 

Sl. 

No. 

FY 

Qty Installed & Commissioned 

Name 

of 

Client 

WO Ref 

Qty 

Installed 

Documents 

provided in 

proof of 

having 

executed the 

works during 

the relevant 

FY. 


Table – B: Average Annual Turnover: (All the members of JV/Consortium taken 

together) 

Package Quoted 

for 

Total Estimated 

Cost of the 

packages quoted 

for 

Estima 

ted 

Cost of 

the 

Packag 

e 

(Rs. in 

Lakh) 

Annual Turnover 

(Rs. in Lakh) 

Name of 

Member 1 

Turnov 

er 

(Rs. in 

Lakh) 

Annual Turnover 

(Rs. in Lakh) 

Name of 

Member 2 

Turno 

ver 

(Rs. in 

Lakh) 

Total Annual 

Turnover 

(Rs. in Lakh) 

Name of 

Member 2 

Financial 

Year 

Financial 

Year 

Financial 

Year 

FY 2009 -10 FY 2009 -10 FY 2009 -10 

FY 2010 - 11 FY 2010 - 11 FY 2010 - 11 

FY 2011 - 12 FY 2011 - 12 FY 2011 - 12 

Total Total Total 

Average 

Turnover 

Turn 

over 

(Rs. 

in 

Lakh 

) 

Table – C: Access to Credit Facility: (All the members of JV/Consortium taken together) 



of the Package 

(Rs. in Lakh) 



Member 1 Member 1 

Description 

Cash in 

Hand 

Cash at 

Bank 

Fixed 

Deposits 

Total 

Liquid 

Assets 

(Rs. in 

Lakh) 

Description 

Cash 

Credit 

LC 

Others (Pl 

Specify) 

Total 

Credit 

Facility 

(Rs. in 

Lakh) 



Member 2 Member 2 

Description 

(Rs. in 

Lakh) 

Description 

(Rs. in 

Lakh) 


Cash in 

Hand 

Cash at 

Bank 

Fixed 

Deposits 

Total 

Liquid 

Assets 

Cash 

Credit 

LC 

Others (Pl 

Specify) 

Total 

Credit 

Facility 

Total Estimated Cost of 

the packages quoted for 

One fifth of the total 

Estimated Cost as above. 



Total for 

Total for 

JV 2 

JV 2 

(Rs. in 

Lakh) Description 

Description 

Cash in 

Hand 

Cash at 

Bank 

Fixed 

Deposits 

Total 

Liquid 

Assets 

Cash 

Credit 

LC 

Others (Pl 

Specify) 

Total 

Credit 

Facility 

(Rs. in 

Lakh) 

Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements 

and annexed to this Schedule. 

I/We declare that we are fulfilling the qualifying requirements as per clause no. 2.0 of Section – 

I, Invitation for Bids (IFB). 

For & on behalf of ………… (Name of the 

Bidder). (All members of JV / Consortium should 

sign). 

Details of qualification and experience of key personnel proposed for carrying out the works 


Sl. 

No 

Name of 

Personnel 

Degree/ 

Diplom 

a 

Bra 

nch 

Year of 

Passing 

Fro 

m 

To 

Past Experience 

Name of 

Employ 

er 

Position 

Held 

Responsibiliti 

es/ Relevant 

experience 

Date: 

Place: 

(Signature) ………………….. 

(Printed Name) ………………. 

(Designation) ………………….. 

(Common Seal) ………………… 

Note: 1. Continuation sheets, of like size and format, may be used as per Bidder‟s 

requirements and annexed to this Schedule. 

2. In case of Joint Venture, separate sheet for each partner of Joint Venture 

should be used. 

Details for sub-contracting elements amounting to more than 10% of bid price 

Sl. 

No Item Description 

Qty. proposed to be bought-out/ 

Sub- contracted 

Source of Supply 

1. 

2. 

3. 

4. 

Date: 

Place: 






ANNEXURE – VIII 

Bidder‟s Name & Address 

To 




DETAILS OF COMMERCIAL DEVIATIONS 

Dear Sirs, 

Sub: Commercial Deviation for Construction of Name of the project. 

The following are the Commercial Deviations and variations from and exceptions to the 

specifications and documents for the subject Project. These deviations and variations are 

exhaustive. Except for these deviations, the entire work shall be performed as per your 

specifications and documents 

Ref./Page 

As specified in the 

Commercial deviation and variation 

Volume/Clause 

No. 

Specification 

to the specification 

Date: 


Place: 






2. This will be read out during opening of Part-I Bid. 


ANNEXURE – IX 


To 




DETAILS TECHNICAL DEVIATIONS 

Dear Sirs, 

Sub: Technical Deviation for Construction of ………………. (Name of the Project) 

The following are the Technical Deviations and variations from and exceptions to the 

specifications and documents for the subject package. These deviations and variations are 

exhaustive. Except for these deviations, the entire work shall be performed as per your 

specifications and documents 

Volume/Clause 

Ref./Page No. 

As specified in the 

Specification / Relevant 

ISS 

Technical deviation and 

variation to the 

specification 

Date: 

Place: 







2. The deviations and variations, if any, shall be brought out separately for each of the 

equipment. 


ANNEXURE – X 

ADDITIONAL INFORMATION 


To 




Dear Sirs, 

We have enclosed with our proposal the following additional information for the subject, 

package. 

Sl. No Brief description of Information Ref.& Page No. 

Date: 


Place: 




Note: Continuation sheets, of like size and format, may be used as per Bidder‟s requirements 

and annexed to this Schedule. 


BOUGHT OUT & SUB CONTRACTED ITEMS 

ANNEXURE – XI 


To 




Dear Sirs, 

We hereby furnish the details of the items/sub-assemblies amounting to more than 10% of our 

bid price, we propose to buy for the purpose of subject package 

Sl. No Item description Qty. Proposed Source of Supply 

Be bought/ 

Sub-contracted 

1. …………………… ………………………….. ………………………….. 

2. ……………………. ……………………………. ………………………….. 

3. …………………….. ……………………………. …………………………… 

4…………………….. ……………………………. ……………………………. 

5. ……………………. …………………………….. ……………………………. 

6. …………………… …………………………….. ……………………………. 

7. …………………… …………………………….. ……………………………. 

Date: 

Place: 


( Printed Name) ………………. 


(Common Seal) 


ANNEXURE – XII 

WORK COMPLETION SCHEDULE 


To 




Balasore-19 

Dear Sirs, 

We hereby declare that the following Work Completion Schedule shall be followed by us for 

the purpose of subject package 

Sl. No Description of Work Period in Months( from the date of LOA) 

1 Completion of detailed engineering 

2 Procurement of raw materials 

3 Establishment of site office 

4 Erection 

(a) Commencement 

(b) Completion 

5 Testing & Pre-commissioning 

(a) Commencement 

(b) Completion 

6 Commissioning 

Date: 


Place: (Printed Name) ………………. (Designation) ………………….. (Common 

Seal) ……………….. 


ANNEXURE – XIII 

CHECK LIST 

Bidder‟s Name & Address: 

To 




Balasore-19 

Dear Sir, 

Sl. 

Item Description 

Status of the 

Remarks 

No. 

Submission 

of data 

1 2 3 

1. Bid Guarantee Yes /No If yes please give details No, amount, 

validity & date of issue. 

2. Qualifying Data Yes /No 

3. Commercial Deviation Yes /No 

4. Technical Deviation Yes /No 

5. Cost of withdrawn of 

Yes /No 

deviations 

6. Bid validity Yes /No If yes state here the period. 

7. Period of completion Yes/No If, yes please state here the period of 

completion. 

8. Additional information 

offered by bidder 

State here briefly 

N.B.:- The contents of this schedule will be read out during opening of Part-I Bid. 

Signature of Bidder Date & Seal: 

N.B:- 


1. The bid guarantee one original and one copy shall be furnished in two separate 

sealed envelope appropriately superscribed thereon. 

2. All Schedules pertaining to prices (originals) shall be furnished in a sealed envelope 

duly superscribed thereon. Similarly one set of copies of such schedules shall be 

given in a separate sealed envelope (these are not to be opened during opening of 

Part –I ). 

3. All other schedules, one set original and another copy shall be submitted in two 

separate sealed envelope (these are to be opened during Part –I bid opening ) 

Date: 


Place: 



(Common Seal) ……………….. 


ANNEXURE – XIV 

Page 1 of 3 

PROFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR 

THE EQUIPMENT/MATERIAL HANDED OVER BY NESCO FOR PERFORMANCE OF ITS 

CONTRACT 

(Entire Equipment consignment in one lot) 

(On non-Judicial stamp paper of appropriate Value) 

INDEMNITY BOND 

THIS INDEMNITY BOND is made this ............. day of ...........20.............. by.................... a Company 

registered under the Companies Act, 1956/ Partnership Firm / Proprietary 

Concern having its 

Registered Office at .........................(hereinafter called as „Contractor‟ or “Obligor” which expression 

shall include its successors and permitted assigns ) in favour of North Eastern Electricity Supply 

Company of Orissa Ltd.(NESCO) ,Corporate Office, Januganj, Balasore –756019, Odisha 

registered under the Company Act 1956 

include its successors and assigns ) : 

(here in after called “Owner”)”Which expression shall 

WHEREAS Owner has awarded to the Contractor a Contract for ............... vide its Letter of Award / 

Contract No.................... dated.................... and its Amendment No. .................. and Amendment 

No.................. (applicable when amendments have been issued) hereinafter called the “Contract”) in 

terms of which Owner 

the Contract. 

is required to handover various equipment to the Contractor for execution of 

And WHERAS by virtue of Clause No............. of the said Contract, the Contractor is required to 

executive an Indemnity Bond in favour of Owner 

for the Equipment/Material handed over to it by 

Owner for the purpose of performance of the Contract / Erection portion of the Contract (hereinafter 

called the “Equipment”) 

NOW THEREFORE, This Indemnity Bond witnessth as follows: 

1. That in consideration of various equipment as mentioned in the Contract, valued at Rs... ................ 

(Rupees .....................) handed over to the Contractor for the purpose of performance of the 

Contract, the Contractor hereby undertakes to indemnify and shall keep Owner indemnified, for the 

full value of the Equipment. The Contractor hereby acknowledges receipt of the Equipment as per 

dispatch title documents handed over to the Contractor duly endorsed in their favour and detailed in 

the Schedule appended hereto. It is expressly understood by the Contractor that handing over of the 

dispatch title documents in respect of the said Equipment duly endorsed by Owner in favour of the 

Contractor shall be construed as handing over of the Equipment purported to be covered by such title 


documents and the Contractor shall hold such Equipment is trust as a Trustee for and on behalf of 

Owner. 

2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit / protection 

and custody of the Equipment at Owner project Site against all risks, whatsoever, till the Equipment 

are duly used / erected in accordance with the terms of the Contract and the Plant / Package duly 

erected and commissioned in accordance with the terms of the Contract, is taken over by Owner. 

The Contractor undertakes to keep Owner harmless against any loss or damage that may be caused 

to the Equipment. 

3. The Contractor undertakes that the Equipment shall be used exclusively for the performance / 

execution of the Contract strictly in accordance with its terms and conditions and no part of the 

equipment shall be utilized for any other work or purpose whatsoever. It is clearly understood by the 

Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall 

inter-alia constitute a criminal breach of trust on the part of the Contractor for all intents and purpose 

including legal / penal consequences . 

4. That NESCO (as the case may be) is and shall remain the exclusive Owner of the Equipment free 

from all encumbrances, charges or liens of any kind, whatsoever. The Equipment shall at all times 

be open to inspection and checking by Engineer in Charge / Engineer or other employees/agents 

authorized by him in this regard. Further, Owner shall always be free at all times to take possession 

of the Equipment in whatever form the Equipment may be, if in its opinion the Equipment are likely 

to be endangered, misutilised or converted to uses other than those specified in the Contract, by 

any acts of omission or commission on the part of the Contractor binds himself and undertakes to 

comply with the direction of demand of Owner to return the Equipment without any demur or 

reservation. 

5. That this indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipment 

or the same or any part thereof is misutilised in any manner whatsoever, then the Contractor hereby 

agrees that the decision of the Engineer-in-Charge/Engineer of Owner as to assessment of loss or 

damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself 

and undertakes to replace the lost and/or damaged Equipment at its own cost and/or shall pay the 

amount of loss of Owner without demur, reservation or protest. This is without prejudice to any 

other right or remedy that may be available to Owner against the Contractor under the Contract 

and under this Indemnity Bond. 


6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with 

terms and conditions of this Bond to the satisfaction of Owner, THEN, the above Bond shall be void, 

but otherwise, it shall remain in full force and virtue. 

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized representative under the 

common seal of the Company, the day, month and year first above mentioned. 

SCHEDULE 

Particulars of 

the 

Equipment 

handed over 

Quantity 

Particulars of Dispatch Title 

Documents 

RR / GR / No. / Carrier 

Date of Bill of 

Lading 

Value of the 

Equipment 

Signature of 

Attorney (authorised 

representative as a 

token of receipt 

For an on behalf of M/s.............................................. 

WITNESS 

1. 1. Signature ...................................... Signature ..................................... 

2. Name ........................................... Name .......................................... 

3. Address........................................ Designation ................................ 

Authorised representative * 

2. 1. Signature ..................................... 

2. Name ..........................................(Common Seal in case of Company) 

3. Address ....................................... 

* Indemnity Bonds are to be executed by the authorised person and (i) in case of Contracting 

Company under common seal of the Company or (ii) having the Power of Attorney issued under 

common seal of the company with authority to execute Indemnity Bonds, (iii) In case of (ii), the 

original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of 

Attorney if it is General Power of Attorney and such documents should be attached to Indemnity 

Bond. 


ANNEXURE-XV 

Sir, 

SELF DECLARATION FORM 

Name of the Purchaser: ------------------------- 

Tender Notice No: ----------------------------- 

1. I / we, the undersigned do hereby declare that, I / we have never ever been blacklisted and 

/ or there were no debarring actions against us for any default in supply of material / 

equipments or in the performance of the contract entrusted to us in any of the Electricity 

Utilities of India. 

2. In the event of any such information pertaining to the aforesaid matter found at any 

given point of time either during the course of the contract or at the bidding stage, my 

bid/contract shall be liable for truncation / cancellation / termination without any notice at 

the sole discretion of the purchaser. 

Place- 

Date- 


Signature of the bidder 

With seal 

(This form shall be duly filled-up and signed by the bidder & submitted along with the 

original copy of the Bid.) 


ANNEXURE – XVI (A) 

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT 

(ON NON-JUDICIAL STAMP PAPER OF Rs.100/-) 

Ref Date Bank Guarantee No: 

In accordance with invitation to Tender Notice No.--------- Dated ------------- of North Eastern 

Electricity Supply Company of Orissa Ltd. [herein after referred to as the NESCO] for the execution of 

(name of package) 

M/s 

Address 

wish/wished to participate in the said 

tender and as the Bank Guarantee for the sum of Rs. 

[Rupees 

Valid for a period of ………… days (in 

words) is required to be submitted by the Bidder. 

1.We the 

[Indicate the Name of the Bank] 

[Hereinafter referred to as „the Bank‟] at the request of M/S 

[Herein after referred to as 

supplier (s)] do hereby unequivocally and unconditionally guarantee and undertake to pay during the 

above said period, on written request by NESCO an amount not exceeding Rs. 

to 

the NESCO, without any reservation. The guarantee would remain valid up to 4.00 PM of 

[date] and if any further extension to this is required, the same will be extended 

on receiving instructions from M/s 

on whose behalf 

this guarantee has been issued. 

2. We the [Indicate the name of the bank] do hereby 

further undertake to pay the amounts due and payable under this guarantee without any demur, merely 

on a demand from the NESCO stating that the amount claimed is due by way of loss or damage caused 

to or would be caused to or suffered by the NESCO by reason of any breach by the said supplier [s] of 

any of the terms or conditions or failure to perform the said Bid. Any such demand made on the Bank 

shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, 

our liability under this guarantee shall be restricted to an amount not exceeding 

Rs. 

(in wards) 

3. We, the Bank undertake to pay the NESCO any money so demanded not 

withstanding any dispute or disputes so raised by the supplier [s] in any suit or proceeding 

instituted/pending before any Court or Tribunal relating thereto, our liability under this agreement 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 supplier(s) shall have no claim against us for making such 

payment. 


4. We, the Bank [Indicate the name of the bank] or our local branch at Bhubaneswar further 

agree that the guarantee herein contain shall remain in full force and effect during the aforesaid period of -- 

------------ days and it shall continue to be so enforceable till all the dues of the NESCO under by virtue of 

the said Bid have been fully paid and its claims satisfied or discharged or till NESCO certifies that the 

terms and conditions of the said Bid have been fully and properly carried out by the said Supplier [s] and 

accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in 

writing on or before the 

guarantee thereafter. 

(date) we shall be discharged from all liability under this 

5. We, the Bank [Indicate the name of the bank] or our local branch at Bhubaneswar further 

agree that the NESCO shall have the fullest liberty without our consent and without affecting in any 

manner our obligations here under to vary any of the terms and conditions of the said Bid or to extend time 

of performance by the said Supplier [s] from time to time or to postpone for any time or from time to time 

any of the powers exercisable by the NESCO against the said supplier [s] and to forbear or enforce any of 

the terms and conditions relating to the said bid and we shall not be relieved from our liability by reason of 

any such variation, postponement or extension being granted to the said Supplier [s] or for any forbearance 

act or omission on the part of the NESCO or any indulgence by the NESCO to the said Supplier[s] or by 

any such matter or thing whatsoever which under the law relating to sureties would but for this provision, 

have effect of so relieving us. 

6. This guarantee will not be discharged due to the change in the name, style and constitution of the Bank 

or the supplier [s]. 

7. We, the _Bank or our local branch at Bhubaneswar lastly undertake not revoke this 

Guarantee during its currency except with the previous consent of the NESCO in writing. 

8. We, the Bank further agree that this guarantee shall also be invokable at 

our place of business at Bhubaneswar [Indicate address & Branch code of local branch at 

Bhubaneswar] in the State of Orissa. 

Dated Day of 2012. 

Witness ((Signature, names & address) For [Indicate the name of Bank] 

1. Power of Attorney No. 

2 Date: 

SEAL OF BANK 

Note: The non-judicial stamp paper of worth Rs.100/- shall be purchased in the name of the 

bank, which has issued the bank guarantee. 


ANNEXURE- XVI (B) 

FORM OF EXTENSION OF BANK GUARANTEE 

(ON NON-JUDICIAL STAMP PAPER OF Rs.100/-) 

Ref. No. 

Dated: 

NESCO Ltd., 



Dear Sirs, 

Sub: Extension of Bank Guarantee No. for Rs. favouring yourselves 

expiring on account of M/s. in respect of contract 

No. dated (hereinafter called original bank guarantee). 

At the request of M/s. we bank Branch office at having its 

head office at 

do hereby extend our liability under the above mentioned guarantee No. 

Dated for a further period of Years/months from to 

expire on 

except as provided above, all other terms and conditions of the original bank 

guarantee No. _dated shall remain unaltered and binding. 

Please treat this as an integral part of the original guarantee to which it would be attached. 


For 

Manager/Agent/Accountant 

Power of Attorney No. 

Date: 

SEAL OF BANK 

Note: The non-judicial stamp paper of worth Rs.100/- shall be purchased in the name of the bank, 

which has issued the bank guarantee.

TENDER NOTICE NO. NESCO/ CAPEX/SUPPLY & INSTALLATION ...

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