SECTION - IV

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC), Section-IV, shall supplement/amend the
Instruction to Bidder (ITB) , Section-II & General Conditions of Contract (GCC), Section-III. Wherever
there is a conflict, the provisions in SCC shall prevail over those in the ITB & GCC. The
corresponding clause number of the ITB & GCC is indicated in parentheses.

NIT / TENDER ENQUIRY NO. 9900214352

NAME OF PACKAGE: " Overhauling of boiler pressure parts, APH, DUCT, MILL, Burners,
Fans, hanger supports & associated works in one units of NTPC Lara STPP in 2020-21 "

The Bidders requested to read carefully the following before filling the tender. Tenders not
complying with these requirements shall run risk of rejection.

* Strike off conditions are not applicable to the subject tender.

S. Clause
No. Special Conditions
Ref, in any

1. Type of Bidding Open Tender online , Single Stage -Two Envelop On fully
compliant basis.

2. Reverse Auction Not Applicable

3. Pre-Bid Conference Applicable/Not Applicable

(ITB Clause 7.0) However for any clarification SSC-C&M dept at NTPC Sipat
may be contacted. The Bidders are required to submit their
questions/clarifications/queries etc. by way of email from
the registered email Id before the stipulated clarification
submission deadline through GePNIC.

4. Currency Indian Rupees

(ITB Sub-Clause 12.2)

5. Bid Validity 180 days from the date of opening of techno-commercial

Bid.
(ITB Sub-clause 13.1)

6. Bid Security/EMD Applicable , For Details please refer Section-I-NIT of the

Bidding Document.
(ITB sub-clause 14.2)

(ITB sub-clause
14.2 (4)

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7. Cost of Bidding Applicable , For Details please refer Section-I-NIT of the
Document/Tender Fee Bidding Document.
(ITB sub-clause 9.0)

8. EMD & TENDER FEE YES , EMD exemption certificate like NSIC/DIC/MSME/EM PART-I
EXEMPTION ALLOWED & II etc can also be submitted online duly signed (digitally/through
ink) . Applicability for the same , please refer ITB (Section-II of
the Bid Document) Clause no.31.

Udyam Registration Certificate for being a MSME shall

also be acceptable in addition to the list of documents
mentioned at clause no.31 of ITB.

9. Price Basis FIXED PRICE

(GCC clause 21)

(ITB Clause 12.3) Percentage(%) Quotation : Premium/Discount Basis

In the BOQ Excel sheet , Bidders need to quote only the
Premium(%) or Discount(%) against Basic Price of the
following items:
Item 10 : INR 69,06,647.87/-
Item 20 : INR 81,76,940.69/-
Item 30 : INR 1,93,326.06/-
Item 40 : INR 2,37,184.97/-
(The Details of Items & its description cover under BOQ is
enclosed in the Bid Document for reference). This amount
shall be for the entire scope of work as specified in
technical specifications and commercial terms and
conditions mentioned in the bid documents.
Rate of interest to be
10. The rate of interest for mobilization advance and equipment advance is
charged on advance to
contractors (if 8.50% per annum.
applicable)
11. Payment Schedule Refer Technical Specification , Section-V , of the subject
bidding document

12. Taxes & Duties As per Clause no. 22 of GCC of O&M works.

(GST) The rate of GST% as applicable shall be quoted online in

the bid in the Schedule of Quantities in the BOQ Excel
sheet only.

Important Note:

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 All prospective bidders are requested to mandatorily
quote GST% in the Price Bid.

13. Time for Time for Completion: 12 Months from the date of
Completion LOA.

(GCC Sub-Clause
25.2)

(ITB Clause 15.0)

Field Quality Plan
14. NOT APPLICABLE

Tender Related
15. NOT APPLICABLE
Drawings

16. Defects Liability Refer Technical Specification , Section-V , of the subject

Period bidding document
(GCC Clause 41)

17. Permissible As per GCC of O&M Works , Clause No : 45.2.1.2

deviation limit for
variations in
Contract Items
(GCC Clause 45.2)

18. Qualifying
Requirements
As per NIT, Section – I
(ITB sub-clause 5.3 &
5.4)

19. Evaluation Criteria Evaluation shall be on Lump sum basis.

The Bid shall be awarded on the basis of overall
evaluated Techno-commercial L1 basis.
The evaluation shall be based on the evaluated cost of
fulfilling the contract in compliance with all
commercial, contractual and technical obligations under
this Bidding Document including the GST value as
quoted by the party in their online offer.
NTPC shall allow purchase preference, as indicated in the
bidding documents (ITB). For order preference, MSE
guidelines mentioned in ITB Clause 31.0 read in
conjunction with ITB Clause 32.0 “Preference to Make In
India and Eligibility for Participation/ granting of
Purchase Preference to Class-I local suppliers” mentioned in
Annexure-I to ITB, shall be applicable.

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20. BENEFITS to MSEs APPLICABLE / NOT APPLICABLE
(ITB Clause 31)

Preference to Make In
21.
India and Eligibility
for Participation/
granting of Purchase
Preference to Class-I
local suppliers-
regarding
APPLICABLE (For details refer ITB clause no : 32)
(ITB clause 32)
{ Minimum Local Content
Declaration Format,

Enclosed as Attachment –
14 in Section-VII
of the
Bid Document}

22. Clarification of Bidders can send the queries for any clarifications through
Bidding Documents e-mail or in hard copy any time up to 07 working days
prior to last date for submission of bid.
(ITB Sub clause 6.0)

ADDENDA/CORRIGENDA/AMENDMENT TO BIDDING
DOCUMENTS may be issued prior to the date of opening of
tender to clarify documents or to effect modifications in
specification and/or contracts terms. The Bidder shall
suitably take into consideration such
ADDENDA/CORRIGENDA/AMENDMENT while submitting
his bid. In order to provide reasonable time to prospective
bidder for taking an ADDENDA /CORRIGENDA
/AMENDMENT into account for preparing his bid, NTPC
may, at its discretion, extend the deadline for submission
of bid.
Location of Bid Opening :
23. Bid Opening
(ITB clause 21) SHARED SERVICE CENTRE OFFICE
NTPC Sipat
For detail address , please refer section-I (IFB)

(Techno-Commercial & Price Proposal)

Date & Time for Bid Opening : Please refer Section-I (IFB)

During the submission of Techno-Commercial Bid & Price Bid, Bidders

24. NIL DEVIATION
are required to accept ‘All Common Contract Attribute as GTE’ while
CLAUSE
submitting the bid online on GePNIC website as acceptance of the
{Ref. Standard Format, compliance to the complete terms, conditions and Technical
Specifications of Bidding Documents and Amendment(s)/
Enclosed as
Clarifications(s) (if any).
Attachment – 21 in
Section-VII of the Bid
If a Bidder has ticked the following attribute as YES under the GTE
Document}
TAB in GEPNIC Portal :

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 “Do You Certify Full Compliance to all provisions of Bid Document "

Then it will be deemed that the bidder has submitted and accepted
‘Nil Deviation Certificate’ along with the quotation.

Without the aforesaid certification bidders will not be allowed to

submit their offer.

The certification shall also be considered as Bidder's confirmation that

any deviation to the Provisions of bidding document found anywhere in
their Bid Proposal, implicit or explicit, shall stand unconditionally
withdrawn, without any cost implication whatsoever to the Employer,
failing which the bid security shall be forfeited.

Hence , Bidders are requested to accept the aforesaid compliance

online in GEPNIC portal under GTE tab which can be considered as
Bidder's Confirmation and Acceptance against NIL DEVIATION FOR
THE SUBJECT PACKAGE.

Documents to be As a proof of meeting the qualifying requirements, the scanned copies of

25.
submitted with the Bid the following documents duly attested by authorized signatory of the
tenderer will be required to be uploaded in Cover type "technical" on
GEPNIC portal.
(a) Copy of Independent Valid PF registration Certificate

(b) Copy GST Identification Number Certificate

(c) Copy of Income Tax PAN No. certificate

(d) Copy of work orders/LOAs/agreements and completion

certificates/ proof of completion.

(e) Up to date copy of Profit and Loss Account and Balance sheets
of last three financial Years duly audited by Chartered
Accountant (2020-21 , 2019-20 , 2018-19).

(f) Partnership deed/ affidavit for proprietorship/ certificate of

incorporation/ articles of association etc with latest changes,
if any.
Copy of registration with Central Govt./State Govt./Public
Sector Undertaking if any applicable.

(g) Details of Manpower (Technical/Non-Technical) and Tools &

Plants.
26. Joint Venture Whether Joint Venture are Permitted –No

27. Engineer-in-Charge For the purpose of the sub-clause entitled Engineer-In-

Charge/ Officer-In-Charge under clause “Settlement of
(GCC Clause 8)
Disputes” appearing in the GCC, the Head of
Project/Station/Region shall act as Engineer-In-Charge/
Officer-In-Charge.
GCC Sub-Clause 8.1)

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 Laws governing the In case of litigation, the course of action shall be deemed as arrived in
28.
Contract Bilaspur and only the District Court of Bilaspur (C.G) shall have the
(GCC Clause 7.0) jurisdiction for all the purposes.

29. Settlement of
Disputes
The place of arbitration shall be Bilaspur (C.G)
(GCC Clause 8)

GCC Sub-Clause
8.3.3.3

30. Methodology of As per Scope of Work & Special Terms and Conditions of the
Execution & Contract(Section-V of the Bidding Document)
Equipment
Mobilisation
(GCC Clause 28)

GCC Sub-Clause
28.3

31. Materials for the As per Scope of Work & Special Terms and Conditions of the
performance of the Contract.(Section-V of the Bidding Document).
Contract
(GCC Clause 30)
GC Clause 30(b) (i)

32. Total value of NOT Applicable

owner issue
material
(GCC Clause 30)
GCC Sub-Clause
30(b)(i)

33. Security Deposit As per GCC for O&M works clause no.19
Mode

34. Safety Clause and As per Scope of Work and Special Terms and Conditions
mentioned in Section-V of the bidding document read in
Equipment &
conjunction with Safety clause attached as Annexure-A with
Penalties for Safety Section-VII of the Bidding Document along with the details
mentioned below :
Violations
30.1 Safety Clause (General) :
(i) The contractors shall comply the provisions of Factories
Act 1948, Provisions appl icable to them to ensure
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occupational health and safety. NTPC Electrical &
Mechanical Safety Rules and any other Rules made by NTPC
relating to Operation & Maintenance of Plants, The
contractor shall make arrangements at all his work places
for ensuring safety and absence of risks to health of
workers.
(ii) The contractor shall ensure that the equipments /
electrical instal lation system / facilities are provided and
maintained by him as required under various statutes. He
shall also ensure testing / examination of the equipments
wherever required; in accordance with the provisions of the
Factories Act or any other prescribed statutes. The record of
such inspection / testing and examination shal l be kept at
the site and shown to NTPC Engineer In charge / Safety In
charge on demand.
(iii)The contractor shall ensure that all floors steps, stairs,
passages and gangways are to be properly maintained and
shall be kept free from obstructions and substances likely to
cause persons to slip find fall.
(iv) The contractor shall not remove any part of equipments
(like guards etc.) or (like fencing, base etc,) or other systems
without the permission of the Engineer In charge. Wherever
any guards / other parts of the system are removed for
repair, it will be provided back to its place, before any
operation or use of the equipment Contractor shall not
hand-over / allow operating these equipments till the
guards are provided at its place.
(v) In case any opening in gangway /access etc. is caused
due to removing any part of base for lifting of material or
otherwise, either the opening shal l be suitably fenced or
suitably covered to prevent fall of any person in such
openings in consultation with Engineer In-charge.
Temporary fencing shall also be provided whenever required
along with appropriate cautionboards, lighting etc.
(vi) The employees employed by the contractor should be
skilled it competent in accordance with the job requirement
to the satisfaction of Engineer In -charge shall have a right
to remove any employee he feels to be incompetent. The
contractor shall employ sufficient number of supervisors to
ensure supervision at all places of his work at all the times.
(vii) No person shall be al lowed to carry, lift or carry any
load so heavy that may likely to cause him injuries as
prescribed under concerned state factory rules.

30.2 Safety Rules for Height:

(i) All working platforms, ways and other places of O&M
work area shall be free from accumulations of any material
causing obstructions and tripping.
(ii) Wherever workers are exposed to the hazard of falling
into water,the contractor shall provide adequate equipment
for saving the employees from drowning and rescuing from
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such hazards. The contractor shall provide boat or launch
equipped with sufficient number of life buoys, life jackets
etc, manned with gained personnel at the site of such work.
(iii) Every opening at elevation from ground level through
which a worker, material; equipment etc. may fall at O&M
work area shall be covered and/or guarded suitably by the
contractor to prevent such falls.
(iv) Whenever the workers are exposed to the hazards of
falling from Height; the contractor shall provide full harness
safety belts fitted with fall arresting systems to all the
employees working at higher elevations and life line of 8 mm
diameter wire rope with turn buckles for anchoring the
safety belts while working or moving at higher elevations.
Safety nets shall also be provided for saving them from fall
from heights and such equipment should be in accordance
with BIS standards.
(v) Wherever there is a possibility of falling of any material,
equipment or workers while working at heights, a suitable
and adequate safety net should be provided. The safety net
should be in accordance with BIS Standards.
(vi) The contractor shall provide proper access like ladders e
c. where the workers are required to reach higher elevations
and ensure the workers use them as an access for higher
elevations where a permanent access is not available. The
workers shall be provided with safety belts fitted with
suitable fall arresting system (Fall arrestors) for
Climbing/getting down through ladders to prevent fall from
height.
30.3 Safety Rules for Openings:
The contractor shall ensure that vessel, sump, tanks pit or
opening in ground or in a floor which by reason of its depth,
situation, construction or contains or may be a source of
danger at his workplace Shall be either securely covered or
fenced and necessary measures for protection against falling
material/objects or workers from such platform are taken by
providing suitable safety nets, safely belts or other similar
means.
30.4 Safety Clause for Fencing of Machinery:
The contractor shall not allow any worker to examine any
part of the machinery or to carry out the lubrication or
other adjusting operation while the machinery is in motion.
The workers working near the machinery in motion shall be
provided with tight fitting clothes as required under State
Factories Rules
30.5 Safety Clause for Scaffolding:
The contractor shall take all precautions to prevent any
accidental collapse of scaffolding or working platforms or
fall of persons from scaffolding or working platforms. The
contractor shall ensure that scaffolding erection and repairs
are done under the expert supervision. The scaffolding shall
meet the required strength and other requirements for the
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purpose for which the scaffolding / work platform is
erected. The material used for scaffold / work Platform
should conform to the BIS standards.
30.6 Safety Clause for Confined Work Place:
a. No person should be allowed to enter any chamber, tank,
wet, pit, pipe,flue or other confined space at his work area
in which any gas, fume, vapour or dust is likely to be
present to such an extent as to involve risk to persons
unless it is provided with a manhole of the required size or
other effective means of egress. The contractor shall take
practicable measures to remove any gas, fume, vapour or
dust to bring it its limit within the permissible limits and to
prevent any risk to the workers.
b. No portable electric light or any other electrical
appliances of voltage exceeding 24 volts shall be permitted
for use inside any chamber / tank, Wet, pit, pipe, flue or
other confined space unless adequate safety devices are
provided where the inflammable gases, fumes or dust is
likely to be present.
30.7 Safety Clause for Handling of Hazardous Chemicals
and hazardous waste:
a. The contractor shall provide suitable personal protective
equipments to the workers who are handling the hazardous
and corrosive substances including alkalis and acids.
b. As a precautionary measure the contractor should keep
the bottles filled with distilled water in cupboard / Boxes
near work place for emergency eye wash by worker exposed
to such hazardous chemicals.
30.8 Safety Clause for Overhead Protection:
a. The contractor shall ensure that any area exposed to risk
of falling materials, articles or objects is roped off or
cordoned off or otherwise suitably guarded from inadvertent
entry of any person.
c. Wherever there is a possibly of falling of any material,
equipment or construction workers while working at
heights, a suitable and adequate safety net should be
provided. The safety net should be in accordance with BIS
Standards.
30.9 Safety Clause for Eye & Ear Protection:
The contractor shall provide suitable personal protective
equipment to his workmen depending upon the nature of
hazards and ensure their usage by the workers engaged in
operations; like welding, cutting; chipping, grinding or
similar operations which may cause injuries to his eyes and
ears.
30.10 Safety Clause for Electrical Hazard:
a. The contractor should ensure that all electrical
installations/equipments used in O&M work area comply
with the requirements of latest electricity acts / rules

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b. The contractor shall take all adequate measures to
prevent any worker from coming into physical contact with
any electrical equipment or a paratus, machines or live
electrical circuits which may cause electrical hazards during
the construction work. The contractor shall provide the
sufficient ELCBs / RCCBs for all the portable equipments,
electrical switchboards; distribution panels etc. to prevent
electrical shocks to the workers.
c. The contractor should ensure use of single / double
insulated / Plastic body hand loots or low voltage i.e. 110
volts hand tools.
d. Wherever NTPC Electrical & Mechanical Safety Rules
prescribe, the Contractor shall not undertake any work till
the permit is obtained for the specific work in accordance
with NTPC Rules.
30.11 Safety Clause for handling Tools & Tackles:
The contractor shall use the lifting appliances, tools k
tackles including cranes etc., lifting gear including fixed or
movable and any plant or gear,hoists, Pressure Plant and
equipment etc. are in good condition and examined by
competent person and certified as per statutory
requirements.
30.12 SAFETY CLAUSES for Medical examination:
a. The contractor shall get the medical examination
conducted of all his employees including his sub-contractor
employees working in hazardous areas once before the
employment and thereafter once in every year by a qualified
medical practitioner as per the factories act,1948 and
concerned state factories rules. The necessary registers and
records relating to the medical examination of all the
employees should be maintained and shown to NTPC
Engineer In-charge/ Safety In-charge on demand.
b. If the contractor fails to get the medical examination
conducted as
mentioned above, NTPC will have the right to get the same
conducted by NTPC Medical officer with intimation to the
contractor and deduct the cost and overhead charges.
30.13 SAFETY CLAUSES (Safety Organization):
The major O&M contractors who are deploying number of
agencies under his control should appoint at least one
qualified safety officer. The other terms with respective to
appointment of number of Safety officers, qualifications,
experience, duties and responsibilities etc. shall be in
accordance to the concerned States Factories Rules. The
other contractors site In-charge who is directly supervising
the job should undergo minimum two days Safety training at
any reputed institute or at NTPC training center before start
of the work and obtain the certificate. A copy of the
certificate has to submit to Engineer In-charge of NTPC.
30.14 Safely Clause for Reporting of Incidence /

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Accident:
a. In case of any injury, the contractor shall send the
injured person to NTPC Plant Hospital/ Dispensary/ First
Aid Centre/ESI Hospital, where the injured shall be given
the first aid treatment and the quantum of permanent
disablement / temporary disablement shall be assessed. The
contractor has to inform the ESI authority regarding the
accident/injury of his labor and make all
arrangements/facilitate the labour to get his compensation
from ESI authority.
b. In case the subsequent treatment is given in other than
NTPC Hospitals, the contractor shall submit full information
about the treatment of injured persons including his
address etc. till the injured person is certified fit by any
Govt. / NTPC doctor. He shall submit such record to NTPC
Safety Dept. within 15 days of certified fit by Doctor as
above.
c. The contractor shall report immediately about the serious
injury / fatality in his work area to the local police station,
Distt. Magistrate, Safety Officer In-charge and Engineer In-
charge. Within 2 hours of occurrence he shall submit full
details of accident in writing to Safety Officer In-charge and
Engineer In charge on the prescribed format. In case of near
miss accidents / minor injury, he shall report the same to
Safety officer In charge and Engineer In charge immediately
after referring the injured to NTPC Plant Hospital /
Dispensary / First Aid Centre/ESI Hospital.
d. Whenever asked shall NTPC, the contractor shall send his
employees to depose in any enquiry arising out of any injury
/ fatality / loss etc without any reservation.
20.15 Safety Clause for PPEs:
a. The contractor shall provide safety helmets to all his
employees including contractor Labour of his sub contractor
to prevent a danger of falling object. Whenever any worker is
engaged on a work at a place from which he is liable to fall
more two meters shall be provided with Safety belt equipped
with lifelines, which are secured to a fixed structure. A
competent person to ensure that no belt or lifeline that is
not in good condition is used & shall examine all safety
belts and lifelines at frequent interval.
b. Where the workers are exposed more than to the noise
levels specified in the concerned State Factories Rules, be
provided with suitable ear plugs / ear muffs so as to reduce
the exposure below high noise level
c. Personal Protective Equipments as prescribed in the
Factories Act and / or State Factories Rules, the Contractor
shall provide to the workers. In case the Factories Act /
State Factories Rules do not specify the personal protective
equipments for the concerned work, the personal protective
equipments prescribed by NTPC Engineer In- charge shall be
provided by the Contractor. The quality of the personal
protective equipments shall be as prescribed in concerning
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 Indian Standards. In case, the Indian standards do not exist
for particular personal protective equipment, the approval of
quality shall be obtained from Engineer In-charge / Head of
Safety. It will be the responsibility of Contractor to ensure
that all his employees use these equipments without fail.
d. In case NTPC officials find that the employees of
contractors working in NTPC without use of appropriate
safety equipments (personal protective equipments) NTPC
shall have a right to issue the equipment to the workers
with intimation to the contractor and deduct the cost and
overhead charges as mentioned in the terms of the contract.
e. NTPC may provide special personnel protective
equipments like fall arrestors, Safety Nets etc, on
chargeable / non chargeable basis, subject to availability to
the petty contractors on his request to Engineer I/C in
advance indicating total no items quantity and type of
equipments required, provided this condition is specifically
included in the contract conditions.
30.16 safety Clause for Training:
a. The contractor shall arrange to provide safety training to
all his employees.Whenever asked by NTPC. Also, the
Contractor shall send his employees for safety training and
for such day the contractor shall pay the employee average
daily salary.
b. The contractor shall provide training on use of the
extinguishers and first aid to all his employees and records
thereof shall be submitted to Engineer In-charge and Head
of Safety of NTPC. The training may be provided
independently or may be nominated to the programmes
being organized by NTPC from time to time.

30.17 Safety Clause for Right to Stop Work:

a. The Engineer I/C shall have the right at his sole
discretion to stop the work, if in his opinion the work is
being carried out in such a way that it may cause accidents
and endanger the safety of the persons and / or property,
and / or equipments. In such cases, the contractor shall be
informed in writing about the nature of hazards and
possible injury /accident and he shall comply to remove
shortcomings promptly.
b. The Contractor shall not be entitled for any damages /
compensation for stoppage of work due to safety reasons
and the period of such stoppage of work shall not be taken
as an extension of time for Completion of the Facilities and
will not be the ground for waiver of levy of liquidated
damages.

Penalties for Safety a. If the contractor fails in providing safer working

environment as prescribed in General Conditions of
Contract relating to safety and health or continues the work
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Violations even after being instructed to stop the work by Engineer In-
charge, the contractor shall be penalized @ Rs. 5,000/- per
day or part thereof till the instructions are complied with
and so certified by the Engineer In-charge. However, in case
of accident causing major injury or fatal, the provisions
contained below shall also apply in addition to the penalties
mentioned in this clause.
b. If the Contractor does not take all safety precautions and
/ or fails to comply with the Safety Rules as prescribed by
the Employer or under the applicable law for the safety of
the plant and equipment and for the safety of personnel and
the contractor does not prevent hazardous conditions which
cause injury to his own employees or employees of other
contractors, or the Employer's employees or any other
person who are at the Site or adjacent thereto, the
Contractor shall be responsible for payment of penalty to
NTPC as per the following schedule:-
i. For fatal accident /injury causing death: Penalty @ 10% of
the contract value or Rs. 5 lakh Whichever is less for each
fatal accident / injury causing death
ii. Major injury or accident causing 25% or more
disablement to workmen: Penalty @ 2.5% of contract value
or Rs. 1 lakh whichever is less for each injury/ permanent
disablement Permanent disablement shall have the same
meaning as indicated in ESI Regulations 1950. The penalty
mentioned above shall be in addition to the compensation
payable to the workmen / employees under the relevant
provisions of ESI Act and Rules framed there under or any
other applicable laws as applicable from time to time.
c. If any contractor worker found working without using the
safety equipment like safety helmet, safety shoes, safety
belts etc. or without anchoring the safety belts while
working at height the Engineer I/C / Safety officer of NTPC
shall have the right to penalize the contractor for Rs. 200/-
per person per day and such worker shall be sent out of the
workplace immediately and shall not be allowed to work on
that day. Engineer I/C / Safety officer of NTPC will also
issue a notice in this regard to the contractor.
Penalty (if any) will be recovered along with applicable
GST as extra

35. Employer’s and Insurance Cover: Amounts and Deductibles:

Contractor’s ------------------------------------------------------------------
Risks
Insurance Amount insured Deductible Conditions
and Insurance
-----------------------------------------------------------------
(GCC Clause 42)
--------------- Minimum as per policy----------------

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 (GCC Sub-Clause The contractor shall necessarily take Workmen Compensation
Policy and Third Party Liability Policy. The third party liability
42.5.4)
policy shall be 110% of PO value.

36. Contract Category OTHERS/OVERHAULING(SERVICE-CATEGORY)

GCC Sub-Clause
45.2

37. Address for AGM (SSC-Sipat-C&M)/ Manager ( SSC-Sipat-C&M ),

Correspondence
NTPC Limited,
Shared Service Centre , Western Region-II , Sipat
(ITB clause 17.1)
NTPC Ltd, Sipat, Bilaspur – 495555
Tel. No.: 07752- 247136/247058, Fax No.: 07752-246755.
E-mail:cbmahajan@ntpc.co.in, reshusingh@ntpc.co.in

38. INELIGIBILITY FOR APPLICABLE / NOT APPLICABLE

FUTURE TENDERS
(ITB Clause 28)
ITB 32 Contractor's Labour Information Management System (CLIMS):
39.
New Clause
(a)The Contractor has to necessarily get itself registered in the
Contractor's Labour Contractor's Labour Information Management System (CLIMS), which
Information will be installed by the Employer.
Management System
(CLIMS): (b)The entry and exit of all contract labour to the plant premises will be
through Gate Access Control System of above 'Contractor's Labour
Information Management System'.

(c)It will be the responsibility of the Contractor to ensure timely exit of all
labours from the plant premises after completion of job of that day.

(d)The contractor has to abide with all the statutory compliance

applicable to its workers and employees and update the details of the
same in the above System.
INDEPENDENT NOT APPLICABLE FOR THIS CASE
40.
EXTERNAL MONITORS
Integrity Pact NOT APPLICABLE FOR THIS CASE
41.
ITB 33 All Contractors/Agencies must obtain ESI Code under the ESI Act 1948
42.
New Clause & must comply with all the provisions of ESI Act 1948.
ESI ACT
Add new Clause
43.
to GCC All the T&P and materials required for Works, whether bought by
Contractor or issued by the Employer, if required to be transported by
Compliance to Road, must necessarily be transported through a registered common
Carriage by Road carrier as per Carriage by Road Rules 2011 of Central Government of
Rules 2011 India.

Replace the GCC Clause No. 50 with the following:

44. Limitation of

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 Liability Except in cases of criminal negligence or willful misconduct,
(GCC Clause 50)
(a) neither Party shall be liable to the other Party, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage, loss
of use, loss of production, or loss of profits or interest costs, which may
be suffered by the other Party in connection with the Contract, provided
that this exclusion shall not apply to any obligation of the Contractor to
pay liquidated damages to the Employer and

(b) the aggregate liability of the Contractor to the Employer, whether

under the Contract, in tort or otherwise, shall not exceed the total
Contract Price, provided that this limitation shall not apply to any
obligation of the Contractor to indemnify the Employer with respect to
patent infringement.

(c) the aggregate liability of the Employer to the Contractor, whether

under the Contract, in tort or otherwise, at any point of time during the
execution/performance of the Contract, shall not exceed the ‘total
Contract Price less payments already released to the Contractor’.
Replace the GCC Clause No. 25.3.3 with the following:
45. Progress Review
Meetings
The Contractor shall be required to attend all weekly site progress review
(GCC Clause 25.3.3) meetings organized by the ‘Project Manager’ or his authorized
representative. The deliberations in the meetings shall inter alia include
the weekly program, progress of work (including details of manpower,
tools and plants deployed by the contractor vis-a-vis agreed schedule),
inputs to be provided by Employer, delays, if any, and recovery program,
specific hindrances to work and work instructions by Employer. Record
of Hindrances / events that lead to slow/ stoppage of smooth execution
of work shall be maintained in “Hindrance Register”. The minutes of the
weekly meetings shall be recorded in triplicate in a numbered register
available with the ‘Project Manager’, or his authorized representative.
These recordings shall be jointly signed by the Project Manager or his
authorized representative and the Contractor and one copy of the signed
records shall be handed over to the Contractor.
Replace the ITB Clause No. 23.4 with the following:
46. Abnormally High or
Low Rated Items
If the rates/prices quoted by the successful bidder for certain items of
((ITB Clause 23.4) the Bill of Quantities (wherever such rates/prices have been called for in
the bids,) are found to be having a variation of +/-25% or above in
relation to Employer’s estimate of the cost of work to be performed under
the contract, then such items of works shall be identified as abnormally
high rate (AHR) or abnormally low rate (ALR).

After evaluation of the rates/prices analysis which includes early cash

flow analysis, Employer/NTPC may require that amount of Performance
Security be increased at the expense of the recommended bidder by 25%
of the value of variation in respect of ALR item, to protect Employer
against financial loss in the event of default by the contractor under the
contract, to carry out such low rated items of works if award is placed on
recommended bidder. Further, the Employer/NTPC may require the
contractor to provide a suitable undertaking to execute the items of
works to complete the entire work under the contract.

The items for which performance security is enhanced shall be identified

separately in the contract. Upon execution of such identified items, the
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 enhanced value of Performance security will be reduced every three
months on a pro –rata basis.

The additional Performance security shall be furnished by Contractor

prior to release of 1st RA Bill/Mobilization advance.

Replace the GCC Sub Clause No. 25.5.2 with the following:
47. Liquidated Damages
The following documents shall form the principal basis for consideration
for Delay
of Extension of Time for Completion pursuant to GCC Clause 25.4 with
(GCC sub Clause or without LD, levy of Liquidated Damages pursuant to GCC Clause 25.5
25.5.2) and settlement of extra claims during the execution of contract:
1. The joint recordings in “Hindrance Register” and “Weekly Review
Register”.
2. Records of Technical Coordination Meetings.
3. Records of Contract Review Meetings,
4. Written notices issued by the “Project Manager” or his authorized
representative to the Contractor in the relevant period.

1.0 The following process of Contract Closing for packages awarded by

48. New Clause-
Corporate Materials / SSC / Regions /Sites shall be applicable :
CONTRACT
CLOSING 1.1 In case of Supply-cum-Erection/Installation Contracts, the closing of
the contract shall be effected after the warranty period is successfully
completed and the CPG/Security deposit of the Contractor is
returned/discharged. For other packages, the closing of Contract shall be
effected after completion of the defect liability period and refund of
Security Deposit. Engineer-in-Charge (EIC) shall be responsible for
coordinating of Contract Closing activities.

1.2 The following thirteen (13) certificates shall be issued by the

concerned departments and submitted to Engineer-in-Charge for closing
of contract.

Certificate Certificate Description Responsibility

No.
CCP-01 Certificate of Final Amendment C&M dept.
to the Contract
CCP-02 Drawing Receipt Certificate Executing Dept./EIC
CCP-03 QA Documents Receipt FQA
Certificate
CCP-04 O&M Manual Receipt Certificate Executing Dept./EIC
CCP-05 Scope Completion Certificate Executing Dept./EIC
CCP-06 Liquidated Damages for Delay Executing Dept./EIC
Certificate
CCP-07 Shortfall in Equipment Executing Dept./EIC
Performance Certificate
CCP-08 “Material Reconciliation” Executing Dept./EIC & Site
Certificate Materials Mgmt.
CCP-09 “Payment Reconciliation” Finance
Certificate
CCP-10 Certificate regarding Labour Contractor
Payments and Statutory
Requirements to be furnished
by Contractor.

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 CCP-11 “No Demand Certificate” by Contractor
Contractor
CCP-12 Certificate of Completion of Certificate
Executing
of Completion
Dept./EIC of Warranty
Warranty Period Period
Certificate for Return of BGs/Security
Deposit/Indemnity Bonds etc.
CCP-13 Certificate for Return of Finance
BGs/Security
Deposit/Indemnity Bonds etc.

All the Contract Closing Certificates shall be issued by executives not below the
level of Sr. Manager/DGM.

The modalities of closing of contracts shall be mapped in SAP/Pradip

and is specified hereunder:

(i) The process of Closing of Contract shall be initiated by Engineer-in-

Charge in Pradip. The Contract Closing Certificate nos. CCP-01, 05, 09,
10, 11 and 13 shall be made mandatory in Pradip for issuance. However,
Contract Closing Certificate nos. CCP-02, 03, 04, 06, 07, 08 and 12 shall
be optional and Engineer-in-charge can select the certificates required to
be issued based on the nature of the work in respective package.

(ii) The selection of certificates made by Engineer-in-charge for Closing of

Contract shall be approved by HOD of Executing department.

(iii) The System shall check if material is issued free of cost against a
particular PO/LOA, then Contract Closing Certificate no. CCP-08 shall
be made mandatory by the system.

(iv) Engineer-in-Charge shall upload the Contract Closing Certificate no.

CCP-10 & CCP-11 obtained from the Contractor in Pradip.

(v) Single level of creation & approval shall be required for issuance of
Contract Closing Certificates.

(vi) All the Contract Closing Certificates can be processed and issued
simultaneously/parallely except CCP-13 which shall be issued after
issuance of all the Contract Closing Certificates. The contract shall be
automatically closed in the system after issuance of CCP-13, with a
prompt going to EIC.

Notes : Formats for all the 13 CCP is attached in Section-VII-Forms &

Procedure of the Bidding Document.
Replace the GCC Sub Clause No. 20.4 with the following:
49. Payment on
Account
20.4 The Contractor shall submit his bill, by the date stipulated by the
/Progressive
Engineer-in-Charge, in the prescribed proforma, supported with
Interim Paymets
measurements, jointly acknowledged and accepted in the measurement
(GCC sub Clause books. Payments of the Contractor's bill shall be paid by the Employer
20.4) within twenty-one (21) days from the date of submission of bill subject to
the authorisation of the Engineer-in-Charge. Alternatively, if so desired
by the Contractor, after preliminary scrutiny and certification by the
Engineer-in-Charge, 75% of the certified net payable amount shall be
made by the Employer within seven (7) days. The amount certified shall

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 account for all deductions, including statutory deductions as for GST (if
applicable), income tax, etc., recoveries for advances and any other
amounts due from the Contractor. The balance 25% shall be paid within
twenty-one (21) days, from the date of submission of the said bill. Such
payments made by the Employer shall not constitute any acceptance of
the measurements of items of the Works by the Employer and the
Engineer-in-Charge shall have the right to alter, modify, reduce or
diminish the quantities or classification entered in the Measurement
Books or Bills. The Employer shall have right to recover any amount paid
in an earlier bill from any subsequent bill and should the amount to be
recovered be more than the amount of the subsequent bill, the
Contractor shall on demand from the Engineer-in-Charge or Employer
immediately refund the extra amount to the Employer within seven (7)
days. Wherever technically feasible, the payments shall be released
electronically only as per details of bank account indicated in the
Contract.
20.4.1 In cases of any discrepancy observed by the Employer in
Contractor’s bill, clarifications shall be sought in writing by the Employer
within ten (10) days from the date of receipt of Contractor's
bill/invoice/debit note by the Employer. The Contractor shall be required
to submit the requisite clarifications within ten (10) days from the date of
issuance of queries by the Employer. In case, no mutual agreement is
reached between the Employer and the Contractor on any part of the
bill/invoice, within ten (10) days of submission of clarification by the
contractor, the Contractor shall issue a revised bill/invoice to avoid
mismatch in GST returns of the Employer and the Contractor. Payment
against agreed and admissible part shall be processed as per payment
procedure within ten (10) days after receipt of the revised bill/invoice.
The bill/invoice for the balance amount under question may be
separately submitted for consideration of the Employer after resolution of
issues of payment by the Employer. In case of nonsubmission of
satisfactory clarification by the Contractor within the stipulated period,
NTPC shall not be liable for the delay in making payment. If the bill
submitted by Contractor is incorrect and has gross discrepancies, the bill
shall be summarily rejected and returned to the Contractor. In the event
of dispute, the same shall be settled as per GCC Clause (Settlement of
Disputes).
20.4.2 The Employer has established a Vendor Bill tracking System
where Vendor/Contractor can submit their bill/invoice and track its
status.
Replace the GCC Sub Clause No. 25.5.2 with the following:
50. Liquidated Damages
The following documents shall form the principal basis for consideration
for Delay
of Extension of Time for Completion pursuant to GCC Clause 25.4 with
(GCC sub Clause or without LD, levy of Liquidated Damages pursuant to GCC Clause 25.5
25.5.2) and settlement of extra claims during the execution of contract:
1. The joint recordings in “Hindrance Register” and “Weekly Review
Register”.
2. Records of Technical Coordination Meetings.
3. Records of Contract Review Meetings,
4. Written notices issued by the “Project Manager” or his authorized
representative to the Contractor in the relevant period.

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