1.

Bid Security (Bank Guarantee)

[The Bank shall fill in this Bank Guarantee Form in accordance with the instructions
indicated.]
[insert Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: Power Grid Corporation of India Ltd., Gurgaon

Date: [insert date]

BID GUARANTEE No.: [insert bid Guarantee number]

Whereas ...........................(hereinafter called “the Bidder”) has submitted its bid dated
...................... (date of submission of bid) for the supply of ................................. (name
and/or description of the goods) (hereinafter called “the Bid”).

KNOW ALL PEOPLE by these presents that WE ..................... (name of bank)

of .................. (name of country), having our registered office at .................. (address
of bank) (hereinafter called “the Bank”), are bound unto ............................. (name of
Purchaser) (hereinafter called “the Purchaser”) in the sum of
_______________________for which payment well and truly to be made to the
said Purchaser, the Bank binds itself, its successors, and assigns by these
presents. Sealed with the Common Seal of the said Bank this ____ day of
_________ 20 ____.

THE CONDITIONS of this obligation are:

1. If the Bidder:

(a) withdraws its Bid during the period of bid validity specified by the
Bidder on the Bid Form; or

(b) In case the Bidder does not withdraw the deviations proposed by
him, if any, at the cost of withdrawal stated by him in the Bid; or

2. If the Bidder, having been notified of the acceptance of its bid by the
Purchaser during the period of bid validity:

(a) fails or refuses to execute the Contract Form if required; or

(b) fails or refuses to furnish the performance security, in accordance

with the Instruction to Bidders;

We undertake to pay the Purchaser up to the above amount upon receipt of its
first written demand, without the Purchaser having to substantiate its demand,

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Insulator Package-C for 400 kV D/C Transmission Lines associated with
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provided that in its demand the Purchaser will note that the amount claimed by
it is due to it, owing to the occurrence of one or both of the two conditions,
specifying the occurred condition or conditions.

This guarantee will remain in force up to and including forty five (45) days after
the period of the bid validity, and any demand in respect thereof should reach
the Bank not later than the above date.

...................................(Signature of the Bank)

[Signature(s) of authorized bank’s representative(s)]

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2. FORM OF NOTIFICATION BY THE PURCHASER TO THE BIDDER

M/s.........................................................

Ref.: Your proposal against our IFB No.................................................……………

Forfeiture of Bid Guarantee amount.

Dear Sirs,

Whereas you have furnished as a part of your proposal the Bid Guarantee in the
form of irrevocable and confirmed Letter of Credit No............................ dated.........
………… opened by ………………………….……………….. ....................................
…… (Bank's name) for a sum of ..................................................................... payable
to ......................……….............. (Name of the Purchaser) on demand without any
reservation, demur or protest, contest and recourse
at .........................................................................…………….....…
(Name and place of Bank)

In terms of the aforesaid Bid Guarantee, we do hereby forfeit the Guarantee

amount.

For..................(Name of the Purchaser)

(AUTHORISED SIGNATORY)

N.B. The Letter of Credit should not stipulate any other proforma of
notification different from this format. No change whatsoever in the said
proforma is acceptable to the Purchaser.

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 3. FORM OF SIGHT DRAFT

Drawn under L.C. No..........................................................dated.………......................

of ..................................................................................................................
……………..........
(Name of Bank that opened the L.C.)

At sight promptly pay to .............………..........................................................................

(Name of the Bank at which L.C. is negotiable

..............................................………........................or order sum of..................................

(for payment to the Purchaser) for value received. (Amount of L.C.)

For...................(Name of the Purchaser)

(AUTHORISED SIGNATORY)

To,

(Name and Address of the

Bank which opened L.C.)

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 4. Manufacturer’s Authorization
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the
instructions indicated. This letter of authorization should be on the letterhead of the
Manufacturer and should be signed by a person with the proper authority to sign
documents that are binding on the Manufacturer. The Bidder shall include it in its bid, if
so indicated in the BDS.]

Date: [insert date (as day, month and year) of Bid Submission]
ICB No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Purchaser]

WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert

type of goods manufactured], having factories at [insert full address of
Manufacturer’s factories], do hereby authorize [insert complete name of Bidder] to
submit a bid the purpose of which is to provide the following Goods,
manufactured by us [insert name and or brief description of the Goods], and to
subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 27
of the General Conditions of Contract, with respect to the Goods offered by the
above firm.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Title: [insert title]

Duly authorized to sign this Authorization on behalf of: [insert complete name of
Bidder]

Dated on ____________ day of __________________, _______ [insert date of

signing]

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 5. 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 Partners whose
details are given hereunder
…............................................................................... have formed a Joint
Venture under the laws of ............................................ and having our
Registered Office(s)/Head Office(s) at ...............................................
(hereinafter called the 'Joint Venture' which expression shall unless
repugnant to the context or meaning thereof, include its successors,
administrators and assigns) acting through
M/s ................................................................................. being the Partner in-
charge do hereby constitute, nominate and appoint
M/s................................................... a Company incorporated under the laws
of .............................…………………….... and having its Registered/Head
Office at ........................................... as our duly constituted lawful Attorney
(hereinafter called "Attorney" or "Authorised Representative" or "Partner
In-charge") to exercise all or any of the powers for and on behalf of the
Joint Venture in regard to Specification No............................
Package ............................ the bids for which have been invited by Power
Grid Corporation of India Ltd., Plot No. 2, Sector–29, Gurgaon-122001,
Haryana, India (hereinafter called the 'Purchaser') to undertake the
following acts :

i) To submit proposal and participate in the aforesaid Bid

Specification of the Purchaser on behalf of the "Joint Venture".

ii) To negotiate with the Purchaser the terms and conditions for award
of the Contract pursuant to the aforesaid Bid and to sign the
Contract with the Purchaser for and on behalf of the "Joint
Venture".

iii) 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".

It is clearly understood that the Partner In-charge (Lead Partner) shall

ensure performance of the Contract(s) and if one or more Partner fail to
perform their respective portions of the Contract(s), the same shall be
deemed to be a default by all the Partners.

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 It is expressly understood that this Power of Attorney shall remain valid
binding and irrevocable till completion of the Defect Liability Period in
terms of the Contract.

The Joint Venture hereby agrees and undertakes to ratify and confirm all
the whatsoever the said Attorney /Authorised Representatives/Partner
in-charge quotes in the bid, negotiates and signs the Contract with the
Purchaser and/or proposes to act on behalf of the Joint Venture by virtue
of this Power of Attorney and the same shall bind the Joint Venture as if
done by itself.

IN WITNESS THEREOF the Partners Constituting the Joint Venture as

aforesaid have executed these presents on this ........... day of
…………........... under the Common Seal(s) of their Companies.

for and on behalf of the

Partners of Joint Venture
....................................
.........
....................................
.........
....................................
.........

The Common Seal of the above Partners of the Joint Venture:

The Common Seal has been affixed there unto in the presence of:

WITNESS

1. Signature......................................................
Name ..........................................................
Designation ................................................
Occupation ................................................

2. Signature...................................................
Name .......................................................
Designation .............................................
Occupation ..............................................

6. FORM OF UNDERTAKING BY THE JOINT VENTURE PARTNERS

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 (On Non-Judicial Stamp Paper of Appropriate Value if required)

THIS JOINT DEED OF UNDERTAKING executed on this………. day of………..

Two Thousand and ……….......by……. a company incorporated
under the laws of ……………and having its Registered Office at
........................(hereinafter called the "Party No.1" which expression shall include
its successors, executors and permitted assigns) and M/s……………a company
incorporated under the laws of……………… and having its
Registered Office at…………… (hereinafter called the "Party No.2" which
expression shall include its successors, executors and permitted assigns ) and
M/s.. .. .. .. . .. . . . . .. . .. .. .... .. a Company incorporated under the laws
of……………….. and having its Registered Office at…………….
(hereinafter called the "Party No.3" which expression shall include its
successors, executors and permitted assigns) for the purpose of making a bid and
entering into a contract [hereinafter called the "Contract" {in case of award)]
against the Specification No………….for Transmission Line Insulator Package
____________ associated with _______________________ of Power Grid
Corporation of India Limited, a Company incorporated under the Companies Act
of 1956 having its registered office at B-9, Qutab Institutional Area, Katwaria
Sarai, New Delhi-110016, India (hereinafter called the "Purchaser").

WHEREAS the Party No.1, Party No.2 and Party No.3 have entered into an
Agreement dated ................

AND WHEREAS the Purchaser invited bids as per the above. mentioned
Specification for the design, manufacture, Supply of Materials stipulated in the
bidding documents under Transmission Line Insulator Package ____________
associated with _______________________.

AND WHEREAS Clause 3, Qualification Criteria in Section-III forming part of

the bidding documents, inter-alia stipulates that an Undertaking of two or more
qualified manufacturers as partners, meeting the requirements of Qualification
Criteria in Section-III, as applicable may bid, provided, the Joint Venture fulfills
all other requirements under Clause 3, Qualification Criteria in Section-III and in
such a case, the Bid Forms shall be signed by all the partners so as to legally bind
all the Partners of the Joint Venture, who will be jointly and severally liable to
perform the Contract and all obligations hereunder.

The above clause further states that this Undertaking shall be attached to the bid
and the Contract performance guarantee will be as per the format enclosed with
the bidding document without any restrictions or liability for either party.

AND WHEREAS the bid is being submitted to the Purchaser vide proposal
No……..dated…... by Party No.1 based on this Undertaking between all the
parties; under these presents and the bid in accordance with the requirements of
Clause 3, Qualification Criteria in Section-III, has been signed by all the parties.

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NOW THIS UNDERTAKING WITNESSETH AS UNDER:

In consideration of the above premises and agreements all the parties of this
Deed of Undertaking do hereby declare and undertake:

1. In requirement of the award of the Contract by the Purchaser to the Joint

Venture Partners, we, the Parties do hereby undertake that M/s……… the
Party No.1, shall act as Lead Partner and further declare and confirm that
we the parties to the Joint Venture shall jointly and severally be bound
unto the Purchaser for the successful performance of the Contract and
shall be fully responsible for the design, manufacture, Supply, and
successful performance of the equipment in accordance with the Contract:

2. In case of any breach or default of the said Contract by any of the parties
to the Joint Venture, the party(s) do hereby undertake to be fully
responsible for the successful performance of the Contract and to carry out
all the obligations and responsibilities under the Contract in accordance
with the requirements of the Contract.

3. Further, if the Purchaser 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 performances guaranteed as per the
specification in terms of the Contract, the Party(s) of these presents
undertake to promptly make good such loss or damages caused to the
Purchaser, on its demand without any demur. It shall not be necessary or
obligatory for the Purchaser to proceed against Lead Partner to these
presents before proceeding against or dealing with the other Party(s), the
Purchaser can proceed against any of the parties who shall be jointly and
severally liable for the performance and all other liabilities/obligations
under the Contract to the Purchaser.

4. The financial liability of the Parties of this Deed of Undertaking to the

Purchaser, with respect to any of the claims rising out of the performance
or non-performance of the obligations set forth in this Deed of
Undertaking, 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 or obligations of any of the Parties of this Deed of
Undertaking.

5. It is expressly understood and agreed between the Parties to this

Undertaking that the responsibilities and obligations of each of the Parties
are given as in the bid. It is further undertaken by the parties that the
above sharing of responsibilities and obligations shall not in any way be a
limitation of joint and several responsibilities of the Parties under the
Contract.

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6. It is also understood that this Undertaking is provided for the purposes of
undertaking joint and several liabilities of the partners to the Joint Venture
for submission of the bid and performance of the Contract and that this
Undertaking shall not be deemed to give rise to any additional liabilities
or obligations, in any manner or any law, on any of the Parties to this
Undertaking or on the Joint Venture, other than the express provisions of
the Contract.

7. This Undertaking shall be construed and interpreted in accordance with

the provisions of the Contract.

8. In case of an award of a Contract, we the parties to this Deed of

Undertaking do hereby agree that we shall be jointly and severally
responsible for furnishing a Contract performance security from a bank in
favour of the Purchaser in the currency/currencies of the Contract.

9. It is further agreed that this Deed of Undertaking shall be irrevocable and

shall form an integral part of the bid and shall continue to be enforceable
till the Purchaser discharges the same or upon the completion of the
Contract in accordance with its provisions, whichever is earlier. It shall be
effective from the date first mentioned above for all purposes and intents.

IN WITNESS WHEREOF, the Parties to this Deed of Undertaking have through

their authorised representatives executed these presents and affixed Common
Seals of their companies, on the day, month and year first mentioned above.

Common Seal of ………………………. For Lead Partner (Party No.-1)

has been affixed in my/ our For and on behalf of M/s
presence pursuant to Board of …………………..
Director’s Resolution dated …………….

Name …………………………………..

Designation …………………………….
(Signature of the authorized
Signature ………………………………. representative)

WITNESS :

I. ……………………………………

II. ……………………………………

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Common Seal of ………………………. For Party No.-2
has been affixed in my/ our For and on behalf of
presence pursuant to Board of M/s…………………..
Director’s Resolution dated …………….

Name ………………………………….. (Signature of the authorized

representative)
Designation …………………………….

Signature ……………………………….
WITNESS :

I. ……………………………………

II. ……………………………………

Common Seal of ………………………. For Party No.-3

has been affixed in my/ our For and on behalf of M/s.
presence pursuant to Board of …………………..
Director’s Resolution dated …………….

Name …………………………………..

Designation …………………………….
(Signature of the authorized
Signature ………………………………. representative)

WITNESS :

I. ……………………………………

II. ……………………………………

7. FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY

OF CREDIT/FACILITIES

BANK CERTIFICATE

This is to certify that M/s. ___________________ (Full Name & Address)

_________ who have submitted their bid to POWERGRID against their tender
specification Vide ref.

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Insulator Package-C for 400 kV D/C Transmission Lines associated with
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No. _______________ & date __________________ is our customer for the past
____________ years.

Their financial transaction with our Bank have been satisfactory. They enjoy the
following fund based and non fund based limits including for guarantees, L/C
and other credit facilities with us against which the extent of utilization as on
date is also indicated below:

Sl. No. TYPE OF FACILITY SANCTIONED LIMIT UTILISATION AS ON

AS ON DATE DATE____________

1.

2.

3.

This letter is issued at the request of M/s. _____________________________.

Signature _________________________
Name of Bank _____________________
Name of
Authorised_________________
Signatory
Designation _______________________
Phone No. ________________________
Address __________________________

SEAL OF THE BANK

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 8. FORM OF JOINT UNDERTAKING BY THE LICENSOR
ALONGWITH THE BIDDER

(On Non-Judicial stamp Paper of Appropriate Value)

THIS DEED OF UNDERTAKING executed this……………… day of……………

Two thousand………. by………….a Company incorporated under the laws of
…………………….. and having its registered office at ……………..(hereinafter
called the “Licensor” which expression shall include its successors, executors
and permitted assigns) and ……………a Company incorporated under the
Companies Act, 1956 having its Registered Office at ……. (hereinafter called the
“Bidder”/”Supplier” which expression shall include its successors, executors and
permitted assigns) in favour of Power Grid Corporation of India Ltd., having its
registered office at B-9, Qutab Institutional Area, Katwaria Sarai, New Delhi –
110016 (hereinafter called the “Purchaser” which expression shall include its
successors, executors and assigns).

WHEREAS the Purchaser invited Bids as per its Specification No…… (1) for the
design, manufacture, testing, supply on Final Destination delivery at site basis
for……. (2) for……………..(3)

ANDWHEREAS Clause 4.1 of Section III (Evaluation and Qualifying Criteria)

forming part of the Bidding Document interalia stipulates that the Bidder
alongwith its Licensor must fulfill the Qualifying Requirements and be jointly
and severally bound and responsible for the successful performance of the
Contract in the event the Bid is accepted by the Purchaser resulting in a
“Contract”.

AND WHEREAS the Bidder has submitted its Bid to the Purchaser vide Proposal
No……. dated…………. based on the Licensee of the Licensor.

NOW THEREFORE THIS UNDERTAKING WITNESSETH as under:

1.0 In consideration of the award of Contract by the Purchaser to the Bidder

(hereinafter referred to as the “Contract”) we, the Licensor and the
Bidder/Supplier do hereby declare that we shall be jointly and severally
bound unto the Power Grid Corporation of India Ltd. (Purchaser) for the
successful performance of the Contract and shall be fully responsible for
the design, manufacture, testing, supply on final destination delivery at
site basis and successful performance of package(s) in accordance with the
Contract specifications.

2.0 Without in any way affecting the generality and total responsibility in
terms of this Deed of Undertaking, the Licensor in particular hereby
agrees to depute their technical experts to the Supplier’s Works as
considered necessary by the Purchaser, Supplier and the Licensor to

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 ensure proper design, manufacture, Quality Management, testing, supply
on final destination delivery at site basis and successful performance of the
equipment package in accordance with Contract Specifications and if
necessary the Licensor shall advise the Supplier suitable modifications of
designs and implement necessary corrective measures to discharge the
obligations under the Contract.

3.0 This Deed of Undertaking shall be construed and interpreted in

accordance with the laws of India and the courts in Delhi shall have
exclusive jurisdiction in all matters arising under the undertaking.

4.0 As a security, the Licensor shall apart from the Supplier’s performance
guarantee, furnish a Performance Security from its Bank in favour of the
Purchaser in a form acceptable to Purchaser. The value of such guarantee
shall be equal to 5% of value of the Contract awarded by the Purchaser to
the Supplier and it shall be part of guarantee towards the faithful
performance/compliance of this Deed of Undertaking in terms of the
Contract. The Guarantee shall be unconditional, irrevocable and valid for
the entire period of the Contract, namely till the end of the warranty
period ……(2)* package under the Contract. The Bank Guarantee amount
shall be payable to the Purchaser on demand without any reservation or
demur.

5.0 We, the Licensor and the Bidder/Supplier confirm that the licensee
agreement shall be valid for a period of atleast five (5) years after the
guarantee period of the goods to be supplied under the Contract.

6.0 We, the Licensor and the Bidder/Supplier agree that this undertaking
shall be irrevocable and shall form an integral part of the Contract and
further agree that this undertaking shall continue to be enforceable till the
Purchaser discharges it. It shall become operative from the effective date
of Contract.

IN WITNESS WHEREOF the Licensor and the Bidder/Supplier have through

their authorized Representative executed these presents and affixed Common
seals of their respective Companies, on the day, month and year first above
mentioned

Note : (1) Fill in the Specification No. here

(2) Name of equipment/material
(3) Fill in the Name of Project here.

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WITNESS FOR LICENSOR

1. …………………………. (Signature of Authorised

Representative)

……………………………… Name …………………………….

(Name in Block Letter)

……………………………… Designation……………………..
(Office Address) Common seal of Company

For Bidder/Suppler

1. …………………………. (Signature of Authorised

Representative)

……………………………… Name …………………………….

(Name in Block Letter)

……………………………… Designation……………………..
(Office Address) Common seal of Company

Note : This deed of joint undertaking should be attested by Notary Public at the
place of the respective executant.)

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 9. POWER OF ATTORNEY FORM

(On Non-judicial Stamp paper of Appropriate Value to be purchased in the

Name of the Manufacturer)

KNOW ALL MEN BY THESE PRESENTS THAT WE ………………………….

Company incorporated under the laws of ………………….. and having its
Registered Office / Head Office at ………………………… (hereinafter called the
‘Manufacturer’ which expression shall unless repugnant to the context or
meaning thereof, include its successors, administrators and assigns) through Mr.
…………….. its ……………………….. (Designation) do hereby constitute,
nominate and appoint ……………………….. a company incorporated under the
laws of ………………….. and having its Registered Office / Head Office at
…………………………as its duly constituted lawful Attorney (hereinafter called
the ‘Attorney’ or ‘Authorised Representative’) to exercise all or any powers for
and on behalf of the manufacturer in regard to Specification No…………………..
Package ……………………. the bids for which have been invited by Power Grid
Corporation of India Ltd., B-9, Qutab Institutional Area, Katwaria Sarai, New
Delhi – 110016, INDIA (hereinafter called the ‘Purchaser’) to undertake the
following acts:

i) To submit proposal and participate in the aforesaid Bid Specification of

the Purchaser on behalf of the Manufacturer.

ii) To negotiate with the Purchaser the term and conditions including prices
for award of the Contract pursuant to the aforesaid Bid and sign the
Contract with the Purchaser for and behalf of the Manufacturer.

iii) 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
Manufacturer.

It is expressly understood that this Power of Attorney shall remain valid,

binding and irrevocable till Completion of Warranty Period in terms of the
Contract.

The Manufacturer hereby agrees and undertakes to ratify and confirm all
whatsoever the said Attorney/Authorised Representative quotes in the bid,
negotiates and signs the Contract with the Purchaser and/or proposes to act on
behalf of the Manufacturer by virtue of this Power of Attorney and the same shall
bind the Manufacturer as if done by itself.

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Insulator Package-C for 400 kV D/C Transmission Lines associated with
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IN WITNESS THEREOF THE Manufacturer has executed these presents
……………….. on this ……………….. day of …………………… under the
Common Seal of the Manufacturer (Company).

For and on behalf of

Common Seal of the above Manufacturer the Common Seal has been affixed
there unto in the presence of :

WITNESS

1. Signature…………………………………..
Name……………………………………..
Designation……………………………….
Occupation……………………………….

2. Signature…………………………………..
Name……………………………………..
Designation……………………………….
Occupation……………………………….

Note : The filled up Proforma by the manufacturers shall be enclosed alongwith

the bid in case of bid is submitted by authorized representative

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