Solar AN

ENERGY EFFICIENCY SERVICES LIMITED
(A JV of PSUs of Ministry of Power, Govt. of India)

Core-3, 5th & 6th Floor, SCOPE Complex,
Lodhi Road, New Delhi-110003.
SUPPLY CHAIN MANAGEMENT DEPARTMENT
OPEN TENDER
SECTION-1
DETAILED INVITATION FOR BIDS (IFB)
FOR
Name of Work: -Design, Engineering, Supply, Construction, Erection, Testing, Commissioning and
O&M of grid connected Solar PV Rooftop Power Plants of cumulative capacity of approximate 7.5
MWp in various Buildings in the Union Territory of Andaman
NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated: 22-09-

2020
EESL invites E-bids from interested bidders for the aforesaid work(s) under Single-stage Two-envelope
Bidding Process THROUGH E-TENDERING*. For details about the IFB, please refer to the details that
follow. Any amendment(s)/corrigendum/clarification(s) with respect to this Tender shall be uploaded on the
E-Procurement website only. The bidders should keep themselves updated by regularly visiting the E-
Procurement website of EESL for any amendment/corrigendum/ clarification in regard to this Tender.
For & on Behalf of EESL
Engineer Tech (SCM)
*
The bids for E-tenders will be submitted online on the web site https://eesl.eproc.in. Oral, telephonic,
telegraphic bids or those submitted in hard copies/physical form will not be entertained. In case, anything to
the contrary is mentioned anywhere in the Tender, the same should be ignored.
NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop- SECTION-1

Page 1 of 5
Andaman/202109016 Dated: 22-09-2020 (IFB)
BID DETAILS
NIT/Bid Document No. NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-

Andaman/202109016 Dated: 22-09-2020
Bidding Document Cost ₹25,000/- (Rupees Twenty Five Thousand Only) (non-refundable and
non-adjustable)
Earnest Money Deposit Sr. No Package No Amount (Rs)
(EMD)/ 1 Lot-1 33 Lakh
Bid Security 2 Lot-2 58 Lakh
(EMD to be valid up to 225 days from the date of techno-commercial
bid opening).
Document Sale Date &
Timing, i.e., Last date & From 22-09-2020 (Tuesday) to 20-10-2020 (Tuesday) (up to 1400 IST)
time for downloading RfP
from website
Online Bid Submission From 22-09-2020 (Tuesday) to 20-10-2020 (Tuesday) (up to 1430 IST)
Period
Pre-bid Meeting 29-09-2020 (Tuesday), 10:30 HRS IST, at following address:-
Pre-Bid Meeting shall be conducted ONLINE through Webex
Meeting Link https://eeslindia.webex.com/eeslindia/j.php?MTID=

m881590e7582d9dd40caf7481b8a5d15f
Meeting No 170 393 8596
Password tpXctGCE385
Join by video Dial [email protected]
system You can also dial 210.4.202.4 and enter your
meeting number.
Join by phone +91-11-6480-0114 India Toll (Delhi)
+91-22-6480-0114 India Toll (Mumbai)
Access code: 170 393 8596
Note:
 Bidder shall ensure at their end that the device from which bidder is
attending the online meeting is configured appropriately (if required).
EESL shall not be responsible for any issue arising on this context.
 All the queries shall be sent well in advance as mentioned in Section-
4.
Techno-commercial E-bid 20-10-2020 (Tuesday), at 1500 hrs. IST, online, at following address:-
Opening Date & Time Energy Efficiency Services Limited
Core-3, 6th Floor,
SCOPE Complex,
Lodhi Road, New Delhi-110003
Bid Validity Duration 180 days from the date of opening of techno-commercial bid.

Page 2 of 5
Bid Documents Sections in Section-2 – Information to Bidders (ITB).
this Tender Section-3 – General Conditions of Contract (GCC).
Section-4 – Technical Specification and Special Conditions of Contract
(SCC).
Section-5 – Measurement and Verification.
Section-6 – Forms & Procedures.
Contact Person(s) for Sh. Anil K Dabhade (AGM-Solar), Sh. Gaurav Kapoor (AM-Tech)
Technical Queries Energy Efficiency Services Ltd.
(copy of the query to be E-mail- [email protected], [email protected]
marked to Contracts Dept.
as well)
Contact Person(s) for Shri Ashim Bhattacharya (CGM -SCM), Shri Prashant Kumar (GM –
Tender-related Queries SCM),
Shri Vivek Tariyal, (Engineer - SCM)
Energy Efficiency Services Ltd.
E-mail: [email protected], [email protected]
RfP to be addressed to Chief General Manager(SCM),
Core-3, 6th Floor,
SCOPE Complex,
1.0 All the bids must be accompanied by EMD, as mentioned above. Bids not accompanying the
Bidding Document Cost and EMD, or those accompanied by these instruments of inadequate
value, shall not be entertained and in such cases, the bids shall not be opened.
The EMD could, at the bidder’s option, be in the form of a Pay Order / Banker’s Cheque/DD in
favour of “Energy Efficiency Services Limited” payable at New Delhi or in the form of a Bank
Guarantee (BG) strictly as per format at Attachment-2 in Section-6. The BG must be issued only
by any of the banks named in Annexure-I of the Attachment-2. The EMD must remain valid for a
duration of 45 days beyond the original bid validity duration of 180 days, i.e., 225 days from date
of techno-commercial bid opening. If any extension in bid validity is sought by EESL, the bidder
may be asked to extend the validity of EMD, which the bidder shall have to do without any cost
implications to EESL.
The EMD must reach the following address in a sealed envelope superscribed “EMD and Bidding
Document Fee for NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-
Andaman/202109016 Dated: 22-09-2020” before the submission date & time mentioned above.
Chief General Manager (SCM),

Energy Efficiency Services Limited
Core-3, 6th Floor,
SCOPE Complex,

Page 3 of 5
Bid Fee/EMD may also be submitted online through RTGS/NEFT. The detail of RTGS/NEFT is
as mentioned below:
Account Bank Branch

Account No. RTGS DETAIL
Name Name Name
IFSC CODE: IDFB0020101
MICR Code: 110751001
BRANCH: Barakhamba Road
EESL 10000001816 IDFC Bank New Delhi
ADDRESS: Sodh & Birlatowers, 4th Floor
East Tower & Lgf West Tower, Barakhamba
Road, New Delhi -110001
Note: Bidders submitting EMD/Bid Security/Bid Fee through RTGS shall upload the receipt
of transfer of amount in Envelope-I which shall clearly mention the details of transaction
made. Participation of the bidder shall be subject to confirmation of amount transferred
through RTGS/NEFT. The details mentioned in the document uploaded as proof of transfer
of amount shall only be considered for verification purpose.
The details of the instruments of Bidding Document Cost and the EMD (DD/BG, etc. as
applicable) have to be entered online in relevant fields/columns of the module while submitting the
E-bid. It must be ensured by the bidder that the original instruments towards Bidding Document
Cost and EMD are received by EESL before opening time of the techno-commercial bids for
verification of the details of the same as given online by the bidder. Failure to comply with this
would render the bid liable for rejection and the bid will not be opened online. EESL will not be
responsible for any delay, loss or non-receipt of Bidding/RfP Document Cost or EMD sent by
post/courier.
Any relaxation/exemption sought by bidders shall only be considered in accordance with relevant
clauses Section-2 (ITB) regarding submission/payment of EMD and Bidding Document Cost and
shall be subject to fulfilment of conditions defined in the said clauses. Since all the conditions
explained in the said clauses for seeking exemption from submission of Bidding Document Cost
and EMD are self-explanatory, bidders should ascertain about their fulfilment of all conditions and
submit their bid accordingly. If at any stage, it is found that false information is furnished or non-
compliance of any of the conditions defined at the said clauses, the bid/offer shall be considered as
non-responsive and would not be considered for further evaluation. Bidder seeking exemption
from submission of the Bidding Document Cost and the EMD has to mandatorily submit/upload
the scanned copy of their valid original registration certificate(s) as asked for in the relevant,
clause along with other relevant documents as part of their online bid.
2.0 EESL reserves the right to cancel / withdraw the IFB without assigning any reason whatsoever
and in such a case, no bidder / intending bidder shall have any claim arising out of such action.
3.0 The subject procurement will be done through e-tendering. The NIT is available on the website
https://eesl.eproc.in or could be viewed after following the link of ‘e-Tendering’ on EESL's
website's Home Page, i.e., http://eeslindia.org from where the bidders registered with EESL
(registration process is explained at the Home Page) will be able to download the Tender
documents and submit their bids online. The Tender submission, Tender closing and opening will
be done electronically and online.

Page 4 of 5
NOTE: EESL has appointed M/s. C1 India Pvt. Ltd., NOIDA as implementation agency for carrying
out e-Procurement. Also, as per IT ACT 2000, use of Digital Signature Certificate (DSC) is
mandatory for participating in the E-tendering process. New bidders should register on the website
https://eesl.eproc.in by payment of one-time registration fee of Rs. 5,000/- through DD in favour of
“Energy Efficiency Services Limited”.
Bidders are requested to visit “e-Tendering” section at EESL website, www.eeslindia.org for instructions
and registration on E-tendering portal.
Steps for Registration on EESL’s E-Procurement Portal

(i) Open portal by entering URL https://eesl.eproc.in in internet explorer.
(ii) Download and read ‘System Requirement Manual’ and Registration Manual from our e-
tendering portal https://eesl.eproc.in
(iii) Click on ‘Login/Sign Up’ link and then Registration link for new registration.
(iv) Fill all mandatory fields and click on submit button.
(v) Login with the user id and password you have created. You will be redirected to a page where
you have to enter your challenge phrase which is received in your registered email id.
(vi) Register your class-III Signing and Encryption Digital Signature Certificate (DSC).
(vii) Fill all mandatory fields of Common Info form and upload scan copy of your DD (in favour of
“Energy Efficiency Services Limited”, Noida) in PDF format of INR 5,000/- and click on save
and send the original DD to EESL, Noida office, Covering Letter on your letter head pad and
print out of page regarding registration of approval (automatically generated on screen).
(viii) Also read the instructions given under E-tendering link available at home page of EESL
website www.eeslindia.org.
Note: Online registration shall be done on e‐tendering website, i.e., https://eesl.eproc.in & in
general, activation of registration may take 24 hours subject to the submission of original DD. It is
sole responsibility of the bidder to register in advance.
A. Digital Signature Certificate:

It is mandatory for all the bidders to have class-III Digital Signature Certificate (DSC) with signing and
Encryption certificate (in the name of person who will sign the BID) from any of the licensed Certifying
Agency (Bidders can see the list of licensed CAs from the link www.cca.gov.in ) to participate in e-
tendering of EESL.
B. EESL Global Support Telephones and e-mail id

Contact Details: +91-124-4302033/36/37, +91-8826814007
[email protected], [email protected]
*****

Page 5 of 5
SECTION-2
INSTRUCTIONS TO THE BIDDER (ITB) / CONSORTIUM OF BIDDERS

Topics Page No.
A. The Bidding Documents 05
1 The bidding documents includes the following 05
Definitions 05
Interpretations 07
1.2 Clarification on Bidding Documents 07
1.3 Amendment to bidding documents 08
1.4 Cost of tender Documents 08
B. Preparation of Bids 09
2.1 Procedure for Submission of Bid/RfP. 09
2.2 Cost of Bid/ RfP 10
2.3 Language of Bids 10
2.4 Bid Security/Earnest Money Deposit (EMD) as attachment 2 in First Envelope: 11
2.5 Power of Attorney 11
2.6 Certificate regarding Acceptance of Important Conditions 12
2.7 Deviations, 12
2.8 Bid prices 12
2.9 Price Basis 12
2.10 Period of Validity of Bid 13
2.11 Format and Signing of Bid 13
2.12 Contents of the RfP/Bid 13
2.13 Conflict of Interest 13
2.14 Disclaimer 14
2.15 Authorized Signatory (Bidder or Consortium of bidders) 14
2.16 Consortium related conditions 14
2.17 Contact details of the Bidder or Consortium of bidders 14
NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016

SECTION - 2 (ITB) Page 1 of 38
Dated: 22-09-2020
2.18 Inspection / Checking / Testing 14
2.19 Removal of Rejected Goods and Replacement 14
2.20 Access to Bidders Premises 15
2.21 Taxes, Levies and Duties 15
2.22 Terms of Payment 15
2.23 Delivery Schedule 15
2.24 Source of Supply 15
2.25 Patent Indemnity 15
2.26. Force Majeure 16
2.27 Limitation of Liability 16
C. Submission of Bids 16
3.1 Sealing and Marking of Bids 16
3.2 Deadline for submission of bids 16
3.3 Late Bids: 17
D Bid Opening and Evaluation 17
4.1 Bid Opening Process 17
4.2 Clarification on Bids 17
4.3 Preliminary Examination of Bids. 17
4.4 Arithmetical errors rectification process 17
4.5 Preliminary Evaluation 17
4.6 Acceptance of Important Condition 18
4.7 Technical Evaluation 18
4.8 Commercial Evaluation 19
4.9 Evaluations of Deviations: 19
a)Technical and Commercial Deviations 20
b) Time schedule (program of performance) 20
c) Functional Guarantees of the facilities 20
d) Work, services, facilities etc., to be provided by the EESL 20
4.10 Illustrative Method of Evaluation 20
4.11 Contacting the Employer 20

Dated: 22-09-2020
E Award of Contract 21
5.1 Post qualification 21
5.2 Award criteria. 21
5.3 Quantity Variation 22
5.4 Additions / Alterations / Modifications 22
5.5 EESL’s right to accept any bid and to reject any or all bids 22
5.6 Letter of Intent / Letter of Award 22
5.7 Cancellation 22
5.8 Modifications 22
5.9 Performance security 23
5.10 Corrupt or Fraudulent practices: 23
5.11 Ineligibility for Future Tenders 23
6.0 Liquidated Damages 24
7.0 Governing Law 24
8.0 Tax and Duties 24
9.0 Completion Time Guarantee: 25
10.0 Defect Liability 25
11.0 Functional Guarantees 26
12.0 Inspections and Tests 26
13.0 Insurance 27
14.0 Transportation, Demurrage Wharfage, Etc. 27
15.0 Warranty 27
16.0 Termination for Default 28
17.0. Settlement of Disputes 28
18.0 MSME Bidder 29
19.0 Third-Party Consultancy Services 30
20.0 Scope of Services 30
20.1 Standard and Special Services 30
20.2 Due Diligence 30
20.3 Reporting 30

Dated: 22-09-2020
20.4 Staffing 30
20.5 Contact Person of the Consultant 31
21.0 Independence of the Consultant 31
22.0 Commencement and Completion 31
23.0 Force Majeure 31
24.0 Suspensions or Termination 32
25.0 Remuneration of the Consultant 32
26.0 Terms of Payment 32
27.0 Method of Payment 32
28.0 Insurance against Liability and Damages 32
LIST OF ACRONYMS 32

Dated: 22-09-2020
SECTION-2
INSTRUCTIONS TO THE BIDDER (ITB) / CONSORTIUM OF BIDDERS

Name of the Work: Design, Engineering, Supply, Construction, Erection, Testing,
Commissioning and O&M of grid connected Solar PV Rooftop Power Plants of cumulative
capacity of approximate 7.5 MWp in various Buildings in the Union Territory of Andaman

Dated: 22-09-2020
A. The Bidding Documents

1.1 The bidding documents include the following
Section-1 Invitation for Bids (IFB)

Section-2 Instructions to Bidder / Consortium of Bidders
Section-3 General Conditions of Contract
Section-4 Special Conditions of Contract explaining in detail technical specifications, scope of
work for supply/supply and installation & Commissioning/Consultancy, drawings,
documents in support of bidder’s qualifications (Qualifying Requirement), and Online
Price Bid format.
Section-5 Measurements and Verification
Section-6 Forms & Procedure
Attachment 1: Format of Bid Form.
Attachment 2: Format for submitting BG format in lieu of EMD.
Attachment 3: Format for Power of Attorney.
Attachment 4: Format for Certificate regarding acceptance of important terms
and conditions.
Attachment 5: Format for Deviations Statement.
Attachment 6: Format for submission of Contract Performance Guarantee
(CPG).
Attachment 7: Form of acceptance of Fraud Prevention Policy.
Attachment 8: Not Applicable
Attachment 9: Not Applicable
Attachment 10: Format for RTGS/NEFT payments.
The bidder is expected to examine all the instructions, forms, terms, specifications and other information
in the bidding documents. Failure to furnish all information required by the bidding documents or
submission of a bid not substantially responsive to the bidding documents in every respect will be at the
bidder’s risk and may result in rejection of bid.
Definitions
In the “Bid / Tender / Contract Document” as herein defined where the context
so admits, the following words and expression will have the following meaning:
1. “Affiliate” shall mean a company that either directly or indirectly

i) controls or
ii) is controlled by or
iii) is under common control with
a Bidding Company (in the case of a single company) and “control” means ownership by one company

Dated: 22-09-2020
2. "B.I. S" shall mean specifications of Bureau of Indian Standards (BIS);
3. “Bid / Tender” shall mean the Techno Commercial and the Price Bid submitted by the Bidder along
with all documents/credentials/attachments, formats, etc., in response to this Bid Document, in
accordance with the terms and conditions hereof.
4. “Bidder / Tenderer” shall mean Bidding Company submitting the Bid. Any reference to the Bidder
includes Bidding Company including its successors, executors and permitted assigns jointly and
severally, as the context may require”;
5. “Bid Security” shall mean the unconditional and irrevocable bank guarantee/ demand draft to be
submitted along with the Bid by the Bidder under ITB Clause 2.4 of this Bid;
6. “Bidding Company” shall refer to such single/consortium company that has submitted the Bid in
accordance with the provisions of this Bid;
7. “Bid Deadline” shall mean the last date and time for submission of Bid in response to this Bid as
specified in Bid information Sheet and as specified in ITB Clause 3.2 of this Bid document including
all amendments thereto;
8. “Bid Document” shall mean all Definitions, Sections, Layouts, Drawings, Photographs, Formats &
Annexures etc. as provided in this bid including all the terms and conditions hereof.
9. “Chartered Accountant” shall mean a person practicing in India or a firm whereof all the partners
practicing in India as a Chartered Accountant(s) within the meaning of the Chartered Accountants
Act, 1949;
10. “Competent Authority’’ shall mean Managing Director (MD) of EESL himself and/or a person or
group of persons nominated by MD for the mentioned purpose herein;
11. “Company” shall mean a body incorporated in India under the Companies Act,1956;
12. "Contract" means the agreement entered into between the Employer and the Contractor, as
recorded in the Contract Form signed by the parties, including all the attachments and appendices
thereto and all documents incorporated by reference therein;
13. "Contract Price / Contract Value" shall mean the sum accepted or the sum calculated in accordance
with the prices accepted in Bid and/or the Contract rates as payable to the Contractor for the entire
execution and full completion of the Work (Price for Supply, Transportation (including loading,
unloading and transfer to Site), Insurance including change order.
14. “Completion of Work” means that the Project/Works have been completed operationally and
structurally and Commissioning has been attained as per Technical Specifications.
15. “Commissioning” means successful operation of the Project/Works by the Contractor, for the
purpose of carrying out Guarantee Test(s).
16. “Contract Document" shall mean collectively the Bid Document, Design, Drawings, and
Specifications, Annexures, agreed variations, if any, and such other documents consisting the bid
and acceptance thereof;
17. “Contractor’s Equipment” means all plant, Works, equipment, machinery, tools, apparatus,
appliances or things of every kind required in or for installation, completion and maintenance of
Works that are to be provided by the Contractor, but does not include plant and equipment, or
other things intended to form or forming part of the Works.
18. “Day” means calendar day;
19. “Defect Liability Period” means the period of validity of the warranties given by the Contractor
(commencing at Completion of the Project/Works, during which the Contractor is responsible for
defects with respect to the Project/Works.
20. “Employer” or “EESL” shall mean Energy Efficiency services Limited, New Delhi.
21. “Eligibility Criteria” shall mean the Eligibility Criteria as set forth in Section 3: Technical& Special
Conditions of Contract of this BID;
22. “Engineer-in-Charge” shall mean the person designated from time to time by the Employer and
shall include those who are expressly authorized by him to act for and on his behalf for operation
of this Contract;
23. “Effective Date” means the date from which the Time for Completion shall be determined;
24. “GCC” means the General Conditions of Contract contained in this section;
25. “GHI” shall mean Global Horizontal Irradiation.
26. "Goods" means permanent plant, equipment, machinery, apparatus, articles and things of all kinds
to be provided and incorporated in the Works by the Contractor under the Contract but does not
include Contractor’s Equipment;
27. “Guarantee Test(s)” means the test(s) specified in the Technical Specification to be carried out to
ascertain whether the Project/Works is able to attain the functional requirements specified in the
Technical Specifications.
28. “The Government” means the Government of India.

Dated: 22-09-2020
29. "IEC" shall mean specifications of International Electro-technical Commission;
30. "EESL" shall mean Energy Efficiency Services Limited;
31. “Mobilization" shall mean establishment of adequate infrastructure by the Contractor at Site
comprising of construction equipment’s, aids, tools tackles, offices with facilities such as power,
water, communication etc. including manpower comprising of Engineers, Supervising personnel
and an adequate strength of skilled, semi-skilled and un-skilled workers, who with the so
established infrastructure shall be in a position to commence execution of Work at site(s), in
accordance with the agreed Time Schedule of Completion of Work.
32. "O&M/ AMC" shall mean Operation & Maintenance(O& M)/ Annual Maintenance Contract
(AMC) of the supplied equipments;
33. “Parent Company” shall mean a company that holds paid-up equity capital directly or indirectly in
the Bidding Company, as the case may be;
34. “Price Bid” shall mean separate Envelope, containing the Bidder’s Quoted Price as per the format
prescribed in Section-4 (Technical & Special Conditions of Contract) of this BID;
35. “Qualified Bidder” shall mean the Bidder(s) who, after evaluation of their Techno Commercial Bid
as per Eligibility Criteria set forth in Section 3: Technical& Special Conditions of Contract of this
BID stand qualified for opening and evaluation of their Price Bid;
36. “SNA” shall mean State Nodal Agency.
37. “SCC” means the Special Conditions of Contract.
38. “Statutory Auditor” shall mean the auditor of a Company appointed under the provisions of the
Companies Act, 1956 or under the provisions of any other applicable governing law;
39. “Services” means all those services ancillary to the supply of the Works, to be provided by the
Contractor under the Contract; e.g. transportation(including loading, unloading and transfer to
Site) and provision of marine or other similar insurance, inspection, expediting, Site preparation
works (including the provision
and use of Contractor’s Equipment and the supply of all civil, structural and construction materials
required),installation,/Pre-commissioning, commissioning, carrying out guarantee tests,
operations, maintenance, the provision of operations and maintenance manuals, training of
Employer’s personnel and one or two persons from the beneficiaries groups are imparted trainings
etc.
40. “Successful Bidder(s) / Contractor(s)” shall mean the Bidder(s) selected by Employer pursuant to
this Bid i.e. on whom award is made. They are also called as implementing partner which includes
Consultants also.
41. “Site” means the Land and other places upon which the Works are to be installed, and such other
land or places as may be specified in the Contract as forming part of the Site. The details of the Site
are as contained in Section 3: Technical& Special Conditions of Contract of this BID.
42. “Sub-Contractor” means any person or firm or Company (other than the Contractor) to whom any
part of the Work has been entrusted by the Contractor, with the written consent of the Engineer-
in-Charge, and the legal representatives, successors and permitted assigns of such person, firm or
company.
43. “Standards” shall mean the standards mentioned in the technical specification of the goods and
equipment utilized for the Work or such other standard which ensure equal or higher quality and
such standards shall be latest issued by the concerned institution like Bureau of Indian
standards(BIS), MNRE, etc.
44. “Time for Completion” means the time within which Completion of the Project/Works is to be
attained in accordance with the stipulations in the SCC and the relevant provisions of the Contract;
45. “Work” means the “Goods” to be supplied and installed, as well as all the “Services” to be carried
out by the Contractor under the Contract;
46. “Wp” shall mean Watt Peak.
47. Third Parties means to which employer has awarded some work and consultant may be required
to co-ordinate with third parties as per scope of work.
48. Agreed Remuneration means the fee to which consultant is entitled as per their quoted and agreed
price according to the contract.
49. Consultant: The consultant shall be the professional undertaking or the professional individual
named in the contract who is appointed by the employer to perform the services.
Interpretations
1. Words comprising the singular shall include the plural & vice versa
2. An applicable law shall be construed as reference to such applicable law including its amendments or
re-enactments from time to time.

Dated: 22-09-2020
3. A time of day shall save as otherwise provided in any agreement or document be construed as a
reference to Indian Standard Time.
4. Different parts of this contract are to be taken as mutually explanatory and supplementary to each
other and if there is any differentiation between or among the parts of this contract, they shall be
interpreted in a harmonious manner so as to give effect to each part.
5. The table of contents and any headings or sub headings in the contract has been inserted for case of
reference only & shall not affect the interpretation of this agreement.
1.2 Clarification on Bidding Documents
A prospective Bidder requiring any clarification to the bidding documents may notify the EESL in writing
or by post or by telex or telefax) at the EESL’s mailing address indicated below. The EESL will respond in
writing to any request for clarification or modification of the bidding documents that it receives no later
than ten (10) days prior to the deadline for submission of bids prescribed by the EESL. Written copies of
the EESL’s response (including an explanation of the query but not identification of its source) will be sent
to all prospective Bidders that have received the bidding documents.
The address of EESL, for communication:
Chief General Manager (Supply Chain Management),

Energy Efficiency Services Limited,
C/o Floor 5th and 6th, Core 3
Scope Complex, Lodhi Road,
New Delhi-110003
Email: [email protected]
The Bidder is advised to visit and examine the site where the facilities are to be installed and its
surroundings and obtain for itself on its own responsibility all information that may be necessary
for preparing the bid and entering into a contract for supply and installation of the facilities. The
costs of visiting the site shall be borne by the bidder fully.
EESL will also facilitate the bidder and any of its personnel or agents for getting permission from the
authorities, where actual work is to be executed, to enter upon its premises and lands for the purpose of
such inspection, but only upon the express condition that the Bidder, its personnel and agents will release
and indemnify the EESL and also the authorities , where work is to be executed, and its personnel and
agents from and against all liability in respect thereof and will be responsible for death or personal
injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a
result of the inspection.
Whenever the bidder is silent about the acceptance of RfP/IFB conditions such as bank guarantee, warranty
period, liquidated damages, certification of relation clause no.2.13 [Conflict of Interest] etc. it shall be
presumed that the bidder has accepted and certified RfP/IFB conditions and no further correspondence
seeking specific confirmation about acceptance of these conditions shall be made.
The Bidder shall be deemed to have examined the Bid document, to have obtained his own information in
all matters whatsoever that might affect carrying out the Works in line with the Technical specifications
and Scope of Work specified in the document at the offered rates and to have satisfied himself to the
sufficiency of his Bid. The bidder shall be deemed to know the scope, nature and magnitude of the work
and requirement of materials, equipment, tools and labour involved, local and national wage structures and
as to what all works he has to complete in accordance with the Bid documents irrespective of any defects,
omissions or errors that may be found in the Bid documents.
1.3 Amendment to bidding documents
At any time prior to the deadline for submission of bids, the EESL may, for any reason, whether at its own
initiative, or in response to a clarification requested by a prospective Bidder, amend the bidding documents.
The amendment will be notified in writing or by cable to all prospective bidders who have purchased the
bidding documents and will be binding on them. Bidders are required to immediately acknowledge receipt

Dated: 22-09-2020
of any such amendment, and it will be assumed that the information contained therein have been taken
into account by the Bidder in its bid.
In order to afford prospective Bidders reasonable time in which to take the amendment into account in
preparing their bid, the EESL may, at its discretion, extend the deadline for the submission of bids.
1.4 Cost of tender Documents
Interested bidder/consortium of bidders may download the RfP/ Tender documents from the website
www.eeslindia.org or may purchase the detailed RfP from the EESL office, address of which is given above
at 1.2, between 0900 hrs. and 1730 hrs. on working days on payment of amount as mentioned in Section-
1. The payment would be accepted in the form of crossed Demand Draft (DD)/Pay Order/Banker’s Cheque,
drawn from any Scheduled Bank, payable at par at NOIDA, in favour of “Energy Efficiency Services Limited”.
While submitting the bid (in case tender documents are downloaded from EESL website), bidder shall
submit Tender Document Cost as mentioned in Section-1 in the form of DD/Pay Order/Banker’s Cheque in
favour of “Energy Efficiency Services Limited” payable at NOIDA along with the bid. However, bidders who
directly purchase the tender documents from EESL can do so by payment of requisite bid document fee at
EESL office in the form of DD/Pay order or Banker’s Cheque.
B. Preparation of Bids
2.1 Procedure for Submission of Bid/RfP.
Single Stage Single Envelope Bidding Process:
The Bidder or Consortium of bidders should submit hard copy of the offer, i.e. Techno Commercial and
Price Bid together in a single sealed envelope superscripted with Bid/RfP number and date, content of
envelope, name of work and Bid opening date. Bid-Form, Power of Attorney, Certificate regarding
acceptance of important terms and conditions, Deviations Statement, Form of acceptance of Fraud
Prevention Policy, etc. as per format defined in Section-6 (Forms & Procedures) shall also be submitted in
the same envelope.
Single Stage Two Envelope Bidding Process:
The Bidder shall seal the proposal in one outer and two inner envelopes labeled as Envelope-I and
Envelope-II. Two Envelopes should contain the details of the offer as follows:
Envelope-I should contain (This envelope appear ONLINE in dynamic form in case of E-tenders)
i. Tender Document Cost in the form of DD/Pay Order/Banker’s Cheque (wherever

applicable).
ii. Bid Security/Earnest Money Deposit in the form of Banker’s Cheque/Demand Draft/Pay
order in favor of “Energy Efficiency Services Limited” or in the form of Bank Guarantee as
prescribed format as Attachment-2 of Section-6 (Forms & Procedures). (Only EMD and
Bid document fee related document to be submitted by post in sealed envelope
super-scribed with RfP/Tender reference in case of e-tender).
iii. Power of attorney to sign the bid as Attachment-3 of Section-6 (Forms & Procedures).
Bidders to use their own format.
iv. Certificate regarding acceptance of important terms and conditions as per ITB Clause No.
4.6 as Attachment-4 of Section-6 (Forms & Procedures).
v. Letter of the bidder submitting the bid in the form as stipulated in the bid document, i.e.,
as per Bid Form as Attachment-1 of Section-6 (Forms & Procedures).
vi. Deviation statement as per Attachment-5 of Section-6 (Forms & Procedures).
vii. Form of acceptance of EESL fraud prevention policy as per Attachment-7 of Section-6
(Forms & Procedures).
viii. Techno-commercial bid as indicated in bid document. Documentary evidence regarding
bidder’s qualifications to perform the contract as required in qualifying Requirement.
Envelope-II should contain Price Bid, to be submitted in 2 nd inner sealed envelope, shall comprise of:

Dated: 22-09-2020
(In case of E-tender Price bid is to be submitted ONLINE)
i. Price Bid in the format prescribed in the tender document.
The entire two separately sealed envelopes will then be placed in one outer envelope, sealed and marked
properly and submitted to the EESL office on or before the deadline for submission of the bid. Every
envelope (2 inner and 1 outer) should be super-scribed with Bid/RfP number and date, content of envelope
i.e. bid security/price bid etc., name of work and Bid opening date.
Single Stage Three Envelope Bidding Process:

The Bidder shall seal the proposal in one outer and three inner envelopes labeled as Envelope-I, Envelope-
II and Envelope-III. Three Envelopes should contain the details of the offer as follows:
Envelope-I should contain (This envelope appear ONLINE in dynamic form in case of E-tenders).
i. Bid document fee/cost of tender documents inform of DD/Pay order or banker’s cheque
[wherever applicable].
ii. Bid Security fees/Earnest Money Deposit in form of Banker’s Cheque/Demand Draft/Pay
order in favor of “Energy Efficiency Services Limited” or in the form of Bank Guarantee as
prescribed format [attachment 2 of section - 6, Forms& Procedure]. (Only EMD and Bid
document fee related document to be submitted by post in sealed envelope
superscripted with RfP/Tender reference in case of e-tender)
iii. Letter of the bidder submitting the bid in the form as stipulated in the bid document i.e.,
as per Bid Form as attachment 1 of section - 6, Forms& Procedure.
iv. Power of attorney to sign the bid as attachment 3 of section - 6, Forms & Procedure.
Bidders to use their own format.
v. Certificate regarding acceptance of important terms and conditions as per ITB clause 4.6
as attachment 4 of section – 6 (Forms& Procedures).
vi. Form of acceptance of EESL fraud prevention policy as per attachment 7 of section-6
(Forms & Procedures).
Envelope-II i.e. Techno commercial Proposal of the bid, to be submitted in 2 nd inner sealed envelope, shall
comprise of: (This envelope appear ONLINE in dynamic form in case of e tenders)
i. Deviation statement as per attachment 5 of section - 6, Forms & Procedures.

ii. Techno-commercial bid as indicated in bid document. Documentary evidence regarding
bidder’s qualifications to perform the contract as required in qualifying Requirement.
Envelope-III should contain Price Bid, to be submitted in 3 rd inner sealed envelope, shall comprise of: (In
case of e tender Price bid is to be submitted ONLINE)
i. Price Bid in the format prescribed in the tender document.
The entire three separately sealed envelopes will then be placed in one outer envelope, sealed and marked
properly and submitted to the EESL office on or before the deadline for submission of the bid. Every
envelope (3 inner and 1 outer) should be superscripted with Bid/RfP number and date, content of envelope
i.e. bid security/price bid etc , name of work and Bid opening date.
Copy of Bid/RfP should be a complete document and should be bound as a volume separately. The
document should be page numbered and appropriately flagged and contain the list of contents with page
numbers. The deficiency in documentation may result in the rejection of the Bid. All pages of the bid are to
be signed by the authorized signatory (authorized through power of attorney) and must be having official
seal of the bidder.
Bids not accompanied by cost of tender documents/ Bid Security Fees or EMD etc. shall be out-rightly
rejected and treated as non-responsive. Further, their price-bid will be not be opened.
For tenders received in unsealed/unstapled/open condition or without any superscription, resulting in
opening of tender before due date, the risk and responsibility of losing confidentiality shall rest with the
tenderer (applicable for manual tender only)

Dated: 22-09-2020
2.2 Cost of Bid/ RfP
The Bidder or Consortium of bidders shall bear all costs associated with the preparation and submission of
its Bid/RfP, including cost of presentation for the purposes of clarification of the bid, if so desired by the
EESL. EESL will in no case be responsible or liable for those costs, regardless of the conduct or outcome of
the tendering process.
2.3 Language of Bids
The proposal prepared by the bidder/consortium of bidders and all correspondence and documents
relating to the Bid/RfP exchanged by the bidder/consortium of bidders and EESL, shall be written in
English language, provided that any printed literature furnished by the bidder/consortium of bidders may
be written in another language so long the same is accompanied by an English translation in which case,
for purposes of interpretation of the bid, the English translation shall govern.

Dated: 22-09-2020
2.4 Bid Security/Earnest Money Deposit (EMD) (To be submitted Offline before bid submission
time)
Amount of Bid Security: Bid Security/Earnest Money deposit as mentioned in Section I is to be submitted.
The bidder shall furnish, as part of its bid, a bid security in a separate envelope (ITB Clause 2.1). The bid
security shall, at the bidder’s option, be in the form of a Banker’s cheque, Demand Draft in favor of “Energy
Efficiency Services Limited” or a bank guarantee as per format in section VI. Bid security/EMD shall remain
valid for a period of 45 days beyond the original bid validity period. If there is any extension in bid validity
period, then EESL may ask the bidder to extend the validity of bid security.
Any bid not accompanied by an acceptable bid security, shall be rejected by EESL as being non-responsive
and returned to the bidder without being opened. The bid security of a consortium must be in the name of
all the partners in the consortium submitting the bid. If lead partner is mentioned in case of consortium,
then bid security can be in the name of lead partner.
The bid securities of unsuccessful bidders will be returned as promptly as possible after the award is made
to lowest evaluated technically acceptable bidder.
The bid security of the successful bidder will be returned when the bidder has signed the contract
agreement, and has furnished the required performance security.
Please note that:
1. All PSUs and Govt. Department may be exempted from Tender Document Fee and EMD for
all Tenders of EESL.
2. Following benefits will be given to Start ups and MSEs in this tender: -
All MSEs notified as per GFR 2017 clause no. 1.10.4 and as notified below shall be exempted from
payment of Tender Document Fee and Bid Security/ Earnest Money Deposit. For claiming this
exemption, MSE must, along with their offer, provide proof of their being registered as MSE
(indicating the terminal validity date of their registration) for the item tendered, with any agency
mentioned in the notification of Ministry of MSME, indicated below: -
(a) District Industries Centers;
(b) Khadi and Village Industries Commission;
(c) Khadi and Village Industries Board;
(d) Coir Board;
(e) National Small Industries Corporation;
(f) Directorate of Handicraft and Handloom;
(g) Udyog Aadhar Memorandum issued by Ministry of MSE; or
(h) Any other body specified by the Ministry of MSME.
1. For claiming the above exemption for Start-ups, a valid certificate of Start-up recognized by
‘Department of Industrial Policy & Promotion (DIPP)’ along with Business eligibility certificate or
any other document issued by Govt/Recognized institute is required in support of product/
service item being tendered.
2. Purchase Preference to MSEs: Subject to meeting terms and conditions stated in the tender
document including but not limiting to prequalification criteria, 25% of the total quantity of the
tender is earmarked for MSEs registered with above mentioned agencies/bodies for the tendered
item. Out of the 25% target of annual procurement from micro and small enterprises 4% & 3%
shall be earmarked for procurement from micro and small enterprises owned by Scheduled Caste
(SC) & Scheduled Tribe (ST) entrepreneurs & Women entrepreneurs respectively. In the event of
failure of such MSEs to participate in the tender process or meet the tender requirements and L1
price 4% & 3% sub targets so earmarked shall be met from other MSEs.
Type of tender Price quoted by MSE How the tender shall be finalized
Can be split L1 Full Order on MSE subject to tender evaluation
condition

Dated: 22-09-2020
Can be split Not L1 but within L1+15% 25% order on MSE subject to matching L1 price
Cannot be L1 Full Order on MSE

split
Cannot be Not L1 but within L1+15% Full Order on MSE subject to matching L1 price
split
2.1 Where the tendered quantity can be split: In a bid, if prices quoted by participating Micro and
Small Enterprises (MSEs) fall within the price band of L1+15%, such MSE shall also be allowed to
supply 25% of the total tendered quantity by bringing down their prices to L1 prices. In case of
more than one such MSE (L1+15%) the supply shall be shared proportionately (to tendered
quantity), subject to the condition that such MSEs match the L1 price. Further, 4% out of above
25% shall be from MSEs owned by SC/ST entrepreneurs & 3% out of above shall be from MSEs
owned by women entrepreneurs. This quota is to be transferred to the general category MSEs in
case of NON-availability of MSEs owned by SC/ ST entrepreneurs & Women entrepreneurs
respectively.
2.2 Where the tendered quantity cannot be split/divide: In case of tender item is non-split able or
non-dividable, etc.: MSE quoting price within price band L1+15% may be awarded for
full/complete supply of total tendered value to MSE, considering spirit of Public Procurement
Policy, 2012 for enhancing the Govt. Procurement from MSE.
2.3 MSE owned by SC/ST is defined as:

a. In case of proprietary MSE, proprietor(s) shall be SC /ST
b. In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the
enterprise.
c. In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.
2.4 MSE owned by Women is defined as:

a. In case of proprietary MSE, proprietor(s) shall be Women
b. In case of partnership MSE, The Women partners shall be holding at least 51% shares in the
enterprise.
c. In case of Private Limited Companies, at least 51% share shall be held by Women promoters.
If bidder does not provide appropriate document or any evidence to substantiate the above, then
it will be presumed that he does not qualify for any preference admissible under the Public
Procurement Policy, 2012.
3. For relaxing the PQ/QR conditions regarding prior turnover and prior experience for MSEs and
start-ups, the prior turnover and prior experience will be as under subject to their meeting of
quality and technical specifications: -
Category of Past experience Average Turn Award Philosophy

tender Over
Can be split as per 25% of total 25% of total ATO (a) If MSE is L1, order
tender conditions experience as as required for will be given as per split
required for general general bidders criteria in order of ranking as
bidders defined in the tender
document which could be
greater than 25%. The
treatment for award will be
same for MSE as general
bidder.
(b) If MSE is other than

L1 bidder, then the split
criteria as per tender
condition will be followed
subject to price matching
with L1 bidder in order of

Dated: 22-09-2020
ranking treating the MSE
bidder(s) at par with the
general bidder. In such event
also, order(s) going to MSE
bidder(s) could be greater
than 25%. If order(s) going to
MSE bidder(s) is/are less
than 25% after the matching
of rates with L1 bidder by
adopting the tender split
criteria, then the clause of
purchase preference for
award to MSE bidder(s) up to
25% of the tendered quantity
subject to matching L1 rates
will be followed to make the
total quantity going to MSE
bidder(s) @ 25%; provided
the rates are within L1+15%
range. In such cases,
remaining quantity after
award of 25% to MSE
bidder(s) shall be distributed
amongst other eligible
bidders in the pre-declared
split ratio. If order(s) going to
MSE bidder(s) is less than
25% and also MSE bidder(s)
not meeting the condition of
purchase preference clause
i.e. quoted rates not within
L1+15% range, then the
order(s) quantity going to
MSE bidder(s) in such cases
shall be less than 25% which
will be in line with the tender
conditions.
(c) If MSE is in the range

of L1+15% and not getting
the order after splitting and
award is going to all non MSE
bidder(s), then in such event
25% will be awarded to MSE
bidder(s) who fall in the
range of L1+15% subject to
price matching and
remaining 75% will be
awarded as per the tender
conditions to general bidders
subject to matching L1 rates.
(d) If after splitting MSE

bidder(s) are getting order
for more than or equal to
25%, then other MSE
bidder(s) will not be
awarded any work under
purchase preference clause
even if they fall in the range

Dated: 22-09-2020
of L1+15%. However, they
will be considered for award
of work as any other general
bidder as per tender
conditions subject to
matching of rates in order of
ranking.
(e) If MSE bidder is a

single resultant vendor, then
the quantity that would be
considered for award to such
bidder will be as defined in
the pre-declared split ratio to
L-1 bidder in the tender
condition; provided the
quoted rates of the bidder are
found reasonable by EESL.
However, EESL reserves the
right to award 100%
quantity to such MSE bidder
provided the MSE bidder has
got ATO which is
corresponding to the
cumulative applicability for
100% order value. In case,
where ATO of the MSE bidder
is less than what is required
for 100% cumulative order
value, then work may be
awarded to such MSE bidder
in proportion to the ATO. For
exp: If ATO of MSE bidder is
56% of the cumulative ATO
requirement of 100% order
value, then maximum 56%
work may be awarded to the
MSE bidder. However, in
such case EESL reserves the
right to award appropriate
quantity based on the
existing requirement and
such decision will be taken by
EESL which will be binding
on the bidder. EESL may take
consent from the bidder for
award of such quantity
(which is over and above the
quantity to be allotted to L-1
bidder as per pre-declared
split ratio) before award.
Cannot be split as 25% of total 85% of total ATO (a) If MSE is L1, 100%
per tender experience as as required for order will be given to MSE.
conditions required for general bidders
general bidders (b) If MSE is within the
range of L1 + 15%, 100%
order will be given to MSE
subject to price matching with
L1 bidder.

Dated: 22-09-2020
(c) If MSE is not L1 and
not in range of L1 + 15%, no
work will be given to MSE.
4. Start-ups are also covered under 25% purchase preference from procurement basket of MSEs as
defined in point (3) above, provided that participating Start-ups submit all the relevant
documents pertaining to MSEs as defined in point (1) above and documents for start-ups as
defined in point (2) above.
# whereas, startup means an entity, incorporated or registered in India:

i Not prior to seven years, however for Biotechnology Startups not prior to ten years,
ii With annual turnover not exceeding INR 25 crore in any preceding financial year, and
iii Working towards innovation, development or improvement of products or processes or
services, or if it is a scalable business model with a high potential of employment generation
or wealth creation
iv Provided that such entity is not formed by splitting up, or reconstruction, of a business
already in existence. Provided also that an entity shall cease to be a Startup if its turnover for
the previous financial years has exceeded INR 25 crore or it has completed 7 years and for
biotechnology startups 10 years from the date of incorporation/ registration.
Note: For Start-up firms, Gazette Notifications dated: 17-Feb-2016, G.S.R. 180 (E), and subsequently
issued notifications will be considered.
NOTES: -
a) In case where tender quantity can be split and MSE bidder is already getting order more than
25% of the tender value, no additional purchase preference is required to be given in that
tender.
b) In case MSE bidder is already getting order for less than 25% of the tender quantity, purchase
preference to this and other MSE vendor (together) shall be given only up to the differential
quantity to make total as 25% to MSE vendor subject to L1+15% and price matching.
c) Public Procurement policy is meant for procurement of goods produced and services
rendered by Micro and Small Enterprises. The preference to MSEs is not applicable for works
contracts where supply of goods not produced by MSEs is also involved.
d) The eligibility of MSE bidders for any other benefits/relaxations for MSE bidders indicated in
Tender documents shall be as indicated in the above “Tender conditions for
Benefits/Preference for Micro & Small Enterprises (MSEs).”
e) If bidder submits EMD/bid security fees and also MSE certificate along with the offer, then the
bidder will be treated as general bidder and no relaxation will be given to such bidders
pertaining to MSE’s.
f) The registration certificate must be valid as on bid closing date of the tender. Bidder shall
ensure validity of certificate in case bid closing date is extended. The MSEs who have applied
for registration or renewal of registration with any of the above agencies/bodies, but have
not obtained the valid certificate till the end date of bid submission, are not eligible for any
exemption/preference and will not be considered. Such offers will be treated as offers
received without EMD and out rightly rejected.
g) Traders, resellers, distributors and agents will not be considered for availing benefits under
PP Policy 2012 for MSEs.
2.5 Power of Attorney
Power of Attorney as attachment 3 in first envelope: A power of attorney duly authorized by a notary public,
indicating that the person(s) signing the bid has/have the authority to sign the bid and thus the bid is
binding upon the bidder during the full period of its validity in accordance with ITB clause 2.10.
2.6 Certificate Regarding Acceptance of Important Conditions
Certificate Regarding Acceptance of Important Conditions as attachment 4 is to be submitted in first

envelope.

Dated: 22-09-2020
No deviation, other than mentioned in Deviation statement, is permitted by the EESL, to the provisions of
the bidding documents listed in ITB sub-clause 4.6. The Bidders are advised that while making their bid
proposals and quoting prices, these conditions may appropriately be taken into consideration. Bidders are
required to furnish a certificate indicating their compliance to the provisions relating to the clauses listed
in ITB sub-clause 4.6 in Attachment 4. Attachment 4 for acceptance of important conditions duly signed
and stamped by the bidder is to be furnished in a separate sealed first envelope/Online. Any bid not
accompanied by such certificate in a separate sealed first envelope/such certificate Online shall be rejected
by the EESL and returned to the Bidder without being opened.
2.7 Deviations,
Deviations, if any, from the terms and conditions of bidding documents or technical specifications shall be
listed only in Attachment 5 to the bid. The Bidder shall also provide the additional price, if any, for
withdrawal of the deviations. However, the attention of the bidders is drawn to the provisions of ITB sub-
clause 4.6 regarding the rejection of bids that are not substantially responsive to the requirements of the
bidding documents.
Bidders may further note that except for the deviations listed in Attachment 5, the bid shall be deemed to
comply with all the requirement in the bidding documents and the bidders shall be required to comply with
all such requirements of bidding documents and technical specifications without any extra cost to the EESL
irrespective of any mention to the contrary, anywhere else in the bid, failing which the bid security of the
bidder may be forfeited.
At the time of award of contract, if so desired by the EESL, the bidder shall withdraw these deviations listed
in Attachment-5 at the cost of withdrawal stated by him in his bid. In case the bidder does not withdraw
the deviations proposed by him, if any, at the cost of withdrawal stated in the bid, his bid will be rejected
and bid security forfeited.
2.8 Bid prices
Unless otherwise specified in the technical specifications, bidders shall quote for the entire facilities on a
“single responsibility” basis such that the total bid price covers all the contractor’s obligations mentioned
in or to be reasonably inferred from the bidding documents in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction, installation, survey cost, monitoring and
verification cost and completion of the facilities including supply of mandatory spares or spares to be
supplied during warranty (if any). This includes all requirements under the contractor’s responsibilities
for testing, pre -commissioning and commissioning of the facilities and, where so required by the bidding
documents, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and
training services and such other items and services as may be specified in the bidding documents, all in
accordance with the requirements of the General Conditions of Contract and Technical Specification.
Bidders are required to quote the price for the commercial, contractual and technical obligations outlined
in the bidding documents. If a Bidder wishes to make a deviation to the provisions of the bidding
documents, such deviations shall be listed in Attachment 5 of its bid. The bidder shall also provide the
additional price, if any, for withdrawal of the deviations, pursuant to ITB sub-clause 2.7.
Bidders shall give a breakdown of the prices in the manner and detail called for in the price schedules.
2.9 Price Basis
Price basis of the price quoted shall be on F.O.R (Free on Road) destination basis for site. Price mentioned
in the quotation must be firm. Hence prices in Letter of Award shall be firm and not subject to escalation
till the execution of the complete order and its subsequent amendments accepted by the bidder even
though the completion / execution of the order may take longer time than the delivery period specified and
accepted in the Letter of Award.
Statutory variation in applicable taxes & duties (other than excise duty) shall only be on account of
Employer in case bidder has shown the rates of present taxes in their bid and other prices quoted by the
Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to variation on any

Dated: 22-09-2020
account. Even in case prices asked in Bid price Schedule are quoted as inclusive of taxes , tax rates shall
be shown separately. Bidders shall quote all prices in Indian Rupees only.
2.10 Period of Validity of Bid
Bids shall remain valid for a period of 90 days after the closing date prescribed by the EESL for the receipt
of bids. A bid valid for a shorter period may be rejected by the EESL as being non responsive. In exceptional
circumstances, the EESL may solicit the bidder’s consent to an extension of the bid validity period. The
request and response thereto shall be made in writing thro’ letters/ e-mails .If the bidder accepts to prolong
the period of validity, the bid security/EMD shall also be suitably extended. A bidder may refuse the request
for Bid Validity Extension without forfeiting its bid security. A bidder granting the request will not be
required nor permitted to modify its bid.
2.11 Format and Signing of Bid
The original copy of the bid, consisting of the documents listed in ITB sub-clause 1.1 shall be typed or
written in indelible ink and shall be signed by the bidder or a person or persons duly authorized to bind
the bidder to the contract. The authorization shall be indicated by written power of attorney accompanying
the bid and submitted as Attachment 3 to the bid under ITB sub-clause 2.5. All pages of the bid, except for
un-amended printed literature, shall be initialed by the person or persons signing the bid.
Any interlineations, erasures or overwriting shall only be valid if they are initialed by the signatory to the
bid.
2.12 Contents of the RfP/Bid
The Bidder or consortium of bidders is expected to examine all instructions, forms, terms & conditions and
scope of work in the RfP/bid documents. Failure to furnish all information required or submission of an
RfP/bid document not substantially responsive to the RfP/bid document in every respect will be at the
bidder’s risk and may result in the rejection of the RfP/bid.
2.13 Conflict of Interest
EESL’s policy requires that a bidder participating in a procurement/contract process under EESL financed
projects shall not have a conflict of interest. All bidders found to have a conflict of interest shall be ineligible
for award of contract.
A. Bidder may be considered to have a conflict of interest in a bidding process if:
a) it, or any of its affiliates, has been engaged by EESL to provide consulting services for the preparation
or implementation of a project, and participates in a bidding to provide goods, works, or non-
consulting services resulting from or directly related to such consulting services. Or
b) it submits more than one bid in a bidding process, either individually or as a partner in a joint venture,
except for permitted alternative bids. This will result in the disqualification of all bids in which the
bidder is involved. However, this does not limit the inclusion of a firm as a subcontractor in more than
one bid and the participation of a bidder as a subcontractor in another bid in certain types of
procurement/contract, if permitted by the EESL’s bidding documents; or
c) it (including its personnel or sub-contractors) has a business or family relationship with a member of
a EESL’s staff (or of the project implementing staff, or of a recipient of a part of the loan) who: are
directly or indirectly involved in the preparation of the bidding documents or specifications of the
contract, and/or the bid evaluation process of such contract; or would be involved in the
implementation or supervision of such contract unless the authority inviting tenders shall be informed
of the fact/ such relationship at the time of submission of the tender and the conflict stemming from
such relationship has been resolved in a manner acceptable to the EESL throughout the procurement
process and execution of the contract. EESL may in its discretion reject the tender or rescind the
contract.; or
d) it does not comply with any other conditions that may be specified in the Company’s Standard Bidding
Documents relevant to the specific procurement process.
2.14 Disclaimer

Dated: 22-09-2020
EESL and/or its officers, employees disclaim all liability from any loss or damage, whether foreseeable or
not, suffered by any person acting on or refraining from acting because of any information including
statements, information, forecasts, estimates or projections contained in this document or conduct
ancillary to it whether or not the loss or damage arises in connection with any omission, negligence, default,
lack of care or misrepresentation on the part of EESL and/or any of its officers, employees.
2.15 Authorized Signatory (Bidder or Consortium of bidders)
The bidder or consortium of bidders as used in the RfP/ bid document shall mean the one who has signed
the bid/RfP document forms. The bidder or consortium of bidders should be the duly authorized
representative of the bidder/consortium of bidders, for which a certificate of authority/power of attorney
will be submitted along with the offer. This should clearly define the authority provided to the authorized
representative. Complete offer, all certificates and documents (including reply to any clarifications sought
and any subsequent correspondences) shall be furnished and signed on all pages by the authorized
representative.
The power of attorney or authorization, or any other document consisting of adequate proof of the ability
of the signatory to bind the bidder or consortium of bidders shall be annexed to the bid as attachment 3 in
envelope 1. EESL may reject outright any proposal not supported by adequate proof of the signatory’s
authority.
2.16 Consortium related conditions
The bidder shall have the option to submit the proposal either alone or along with other partner companies.
Prerequisites for bidder have been specified in qualifying requirement and other parts of the tender
document. The lead partner shall be the sole point of contact for all purposes of the Contract. The lead
partner will have the prime and sole responsibility for the execution of the scope of work. Any
information/clarification submitted to the lead partner by EESL will mean that the same has been conveyed
to all partners. However, the partner companies should not be involved in any major litigation that may
have an impact of affecting or compromising the delivery of services as required under this contract. The
bidder or any of the partner companies should not have been black-listed by any Central / State
Government or Public Sector Undertakings. If at any stage of tendering process or during the currency of
the contract, any suppression / falsification of such information is brought to the knowledge, EESL shall
have the right to reject the proposal or terminate the contract, as the case may be, without any
compensation to the tenderer & forfeiture of bid security/EMD/CPG.
2.17 Contact details of the Bidder or Consortium of bidders
Bidder or Consortium of bidders who wants to receive EESL's response to queries should give their contact
details to EESL. The Bidder or Consortium of bidders should send their contact details in writing at the
EESL's contact address.
2.18 Inspection / Checking / Testing
All materials / Equipment manufactured by the bidder/consortium of bidders against the Letter of Award
shall be subject to inspection, check and/or test by the EESL or his authorized representative at all stages
and place, before, during and after the manufacture. All these tests shall be carried out in the as per
technical specifications and bidder shall submit the relevant test reports. If upon delivery the material /
equipment does not meet the specification, the materials / equipment shall be rejected and returned to the
bidder for repairs / modification etc. or for replacement. In such cases all expenses including the to-and-
fro freight, repacking charges, any other costs etc. shall be to the account of the bidder.
2.19 Removal of Rejected Goods and Replacement
If upon delivery, whether inspected and approved earlier or otherwise, the material/equipment is not in
conformity with the specification, the same shall be rejected by EESL or duly authorized representative and
notification to this effect will be issued to the bidder normally within 7 days from the date of receipt of the
material at the work/site/office.
The bidder shall arrange removal of the rejected items within 15 days from the date of notification. In the
event, the bidder fails to lift the materials within the said 15 days, EESL shall be at liberty to dispose off

Dated: 22-09-2020
such rejected items in any manner as it may deemed fit. All expenses incurred on storage, disposal etc. shall
be recoverable from the bidder.
2.20 Access to Bidders Premises
EESL and/or its authorized representative shall be provided access to bidder and/or his sub- bidder's
premises, at any time during the pendency of the Order, for expediting, inspection, checking, etc. of work,
if it is felt by EESL.
2.21 Taxes, Levies and Duties
Prices of items shall be quoted as per instruction contained in SCC. However, in general, prices shall be
inclusive of sales tax, transportation, insurance, levies, service tax and any other duties payable including
entry tax/octroy etc, (wherever applicable) on FOR destination/site basis. All taxes and duties shall be
clearly indicated. Bidder is to arrange on its own to deliver the material at site. No road permit is provided
by EESL.
For hiring of consultant/consultancy work also service tax shall be quoted exclusive of basic price.
However, rates of such taxes consider while preparing the offer should invariably be mention in the offer
so that any variation in taxes (except excise duty) can be paid as actual.
2.22 Terms of Payment
The payment will be made by EESL to the bidder in accordance with the terms and conditions specified in
section 4 of special conditions of contract of tender document/agreed upon during negotiation and
reproduced in Letter of Award.
2.23 Delivery Schedule
Time will be the essence of order and no variation shall be permitted in the delivery time/delivery schedule
mentioned in the order unless agreed by EESL without levy of LD. Tentative time schedule is enclosed in
the RfP/ bid document. Delivery of the equipment/material described shall be deemed to constitute
acceptance of this order and terms and conditions by the bidder at the price specified.
2.24 Source of Supply
The bidder shall ensure that the indigenous capacity is utilized to the fullest extent possible in execution of
this order. Where the imports are unavoidable, all such items shall be imported by the bidder in time
against his own import license without affecting the contractual delivery schedule.
2.25 Patent Indemnity
Royalties and fees for patents covering material/equipment or processes used in executing the work shall
be to the account of the bidder. The bidder shall satisfy all demands that may be made at any time for such
royalties and fees and he alone shall be liable for damages, infringement and shall keep EESL indemnified
in that regard in the event of any equipment/ material or part there of supplied by the bidder is involved
in any suit or other proceedings held to constitute infringement and its used is enjoyed, the bidder shall, at
his own expenses, either procure for EESL the right to continue the use of such equipment/material replace
it with a non-infringing material / equipment or modify it so it become non- infringing.
Tenderer shall agree to indemnify the EESL or/and hold it/them harmless from against all claims, liability,
loss, damage or expense including counsel fees arising from or by reasons of an action or claimed trade
mark patent or copyright infringement or any litigation based thereon with respect to any part of the
quoted items and such obligation shall survive acceptance of and payment for the items.
2.26. Force Majeure
Bidder shall not be considered in default if delay in delivery occurs due to causes beyond his control such
as acts of God, natural calamities, civil wars, strikes, fire, frost, floods, riot. Only those causes which have
duration of more than 7 days shall be considered cause of force/ calendar majeure. A notification to this
effect duly certified by local chamber of commerce/ statutory authorities shall be given by the bidder to

Dated: 22-09-2020
EESL by registered/speed post letter. In the event of delay due to such causes, the delivery schedule will be
extended for a length of time equal to the period of force majeure or at the option of EESL, the order may
be cancelled. Such cancellation, would be without any liability whatsoever on the part of EESL. In the event
of such cancellation, the bidder shall refund any amount advanced or paid to the bidder by EESL and deliver
back any materials issued to him by the Purchaser and release facilities, if any provided by the Purchaser.
2.27 Limitation of Liability
Except in cases of criminal negligence or willful misconduct, the Implementing Partner shall not be liable
to the EESL, 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, provided that this exclusion shall not
apply to any obligation of the Implementing Partner to pay liquidated damages to the EESL andthe
aggregate liability of the Implementing Partner to the EESL, 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 Implementing Partner to indemnify the EESL with respect to patent infringement or as
specified in SCC.
2.28 Statutory Compliance/ Certification regarding Cyber Security Products
A certificate (in the format at Attachment-13 of Section-6) is to be submitted by the bidders that the items
offered meet the definition of domestically manufactured/produced Cyber Security Products as per MeitY
notification vide File no. 1(10)/2017-CLES dt. 02.07.18. The above certificate shall be on Company’s
letterhead and signed by Statutory Auditor or Cost Auditor of the Company
C. Submission of Bids
3.1 Sealing and Marking of Bids
The Bidder shall seal the original copy of the bid in envelope duly marking the envelopes as "ORIGINAL
BID". All envelopes must be super-scribed with name of work, RfP No., envelope no., content of envelope
and date and bid opening date. The envelopes shall then the sealed in an outer envelope which should also
be super scribed with name of work, RfP/ bid document no./package no. and date and bid opening date.
3.2 Deadline for submission of bids
Bids must be received by the EESL at the address specified as under and the bids will be opened at the same
address as per timings stated in IFB and as repeated below.
Chief General Manager (Supply Chain Management),

Energy Efficiency Services Limited,
Floor 5th and 6th, Core 3
Scope Complex, Lodhi Road
New Delhi-110003
Email: [email protected]
Date of submission of bids: As mentioned in Section I

Date of bid opening: As mentioned in Section I
Bids must be received at the address specified above but no later than the time and date stated as above. In
the event of the specified date for submission of bids being declared a holiday for the EESL, the bids will be
received up to the appointed time on the next working day.
The EESL may, at its discretion, extend this deadline for submission of bids by amending the bidding
documents in accordance with ITB Sub-Clause 1.3, in which case all rights and obligations of EESL and
bidders will thereafter be subject to the deadline as extended.
No bid may be withdrawn in the interval between the bid submission deadline and the expiration of the bid
validity period specified in ITB Clause 2.10. Withdrawal of a bid during this interval may result in the
bidder’s forfeiture of its bid security, pursuant to ITB Sub-Clause 2.4.

Dated: 22-09-2020
3.3 Late Bids:
Any bid received by the EESL after the bid submission deadline prescribed by the EESL, pursuant to ITB
Clause 3.1& 3.2, will be rejected and returned in unopened condition.
D. Bid Opening and Evaluation
4.1 Bid Opening Process
The EESL will open all bids in the presence of bidders' representatives who choose to attend the opening
at the time, on the date and at the place specified in the NIT. Bidders’ representatives shall sign a format as
proof of their attendance. In the event of the specified date for the opening of bids being declared a holiday
for the EESL, the bids will be opened at the appointed time on the next working day.
Bidders’ names, bid prices, discounts, the presence or absence of requisite bid security and other such
details as the EESL, at its discretion, may consider appropriate, will be announced at the opening. Late bids
pursuant to ITB clause 3.2, and/or bids not accompanied by the "Certificate regarding acceptance of
important conditions" as per Attachment-4 in a separate sealed envelope pursuant to ITB sub-clause 2.6,
and/or bids not accompanied by requisite bid security in a separate sealed envelope pursuant to ITB clause
2.4, will be rejected and returned unopened to the bidder.
Bids that are not opened and read out at bid opening will not be considered for further evaluation,
regardless of the circumstances.
The EESL will prepare minutes of the bid opening.
4.2 Clarification on Bids
During bid evaluation, the EESL may, at its discretion, ask the bidder for a clarification of its bid. The request
for clarification and the response shall be in writing, and no change in the price or substance of the bid shall
be sought, offered or permitted. The address for communication will be same as ITB clause 1.2.
4.3 Preliminary Examination of Bids.
The EESL 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.
4.4. Arithmetical errors rectification process
Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price
and the total price, which is obtained by multiplying the unit price and quantity, or between sub totals and
the total price, the unit or subtotal price shall prevail, and the total price shall be corrected. If there is a
discrepancy between words and figures, the amount in words will prevail. If the Bidder does not accept the
correction of errors, its bid will be rejected and the bid security will be forfeited in accordance with ITB
Sub-Clause 2.4.
The EESL may waive any minor informality, nonconformity or irregularity in a bid that does not constitute
a material deviation, whether or not identified by the bidder in Attachment 4 to its bid, and that does not
prejudice or affect the relative ranking of any bidder as a result of the technical and commercial evaluation,
pursuant to ITB clauses 4.7 and 4.8.
4.5. Preliminary Evaluation
Prior to the detailed evaluation, the EESL will determine whether each bid is of acceptable quality, is
generally complete and is substantially responsive to the bidding documents. For purposes of this
determination, a substantially responsive bid is one that conforms to all the terms, conditions and
specifications of the bidding documents without material deviations, objections, conditionality’s or
reservations. A material deviation, objection, conditionality or reservation is one (i) that affects in any
substantial way the scope, quality or performance of the contract; (ii) that limits in any substantial way,
inconsistent with the bidding documents, the EESL’s rights or the successful bidder’s obligations under the

Dated: 22-09-2020
contract; or (iii) whose rectification would unfairly affect the competitive position of other bidders who are
presenting substantially responsive bids.
4.6. Acceptance of Important Condition
No deviation, whatsoever, is permitted by the EESL to the provisions relating to the following clauses
(Important Conditions). Party is to submit the following as attachment 4 in envelope 1:
Governing Laws - Clause 7 of ITB
Settlement of Disputes - Clause 17 of ITB
Terms of payment - Clause 1.0 of SCC
Performance Security - Clause 5.9 of ITB
Taxes and Duties - Clause 8 of ITB
Completion Time Guarantee - Clause 9 of ITB
Defects Liability - Clause 10 of ITB
Functional Guarantee - Clause 11 of ITB
Patent Indemnity - Clause 2.25 of ITB
Limitations of Liability - Clause 2.27 of ITB
Statutory Compliance/ Certification regarding - Clause 2.28 of ITB

Cyber Security Products
Project information, Estimation, - As per Tables in price bid

Assumptions and conditions
for Evaluation
Bidders are required to furnish a certificate as per Attachment 4, indicating their compliance to the
provisions of the above clauses in a separate sealed envelope. In case the certificate as per Attachment-4
duly signed and stamped by the bidder, is not furnished along with the bid in a separate sealed envelope,
the bid shall be rejected and returned to the bidder without being opened
At the time of award of contract, if so desired by the EESL the bidder shall withdraw the deviations listed
in attachment 5 at the cost of withdrawal stated by him, in his bid. In case the bidder does not withdraw
the deviations proposed by him in attachment 5 to his bid, if any; at the cost of withdrawal stated in his bid,
his bid will be rejected and security will be forfeited.
The EESL's determination of a bid's responsiveness is to be based on the contents of the bid itself without
recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected by the EESL, and
may not subsequently be made responsive by the bidder by correction of the nonconformity.
4.7. Technical Evaluation
The EESL will carry out a detailed evaluation of the bids previously determined to be substantially
responsive in order to determine whether the technical aspects are in accordance with the requirements
set forth in the bidding documents. In order to reach such a determination, the EESL will examine and
compare the technical aspects of the bids on the basis of the information supplied by the bidders, taking
into account the following factors:
a) Overall completeness and compliance with the technical specifications and drawings; deviations from

Dated: 22-09-2020
the technical specifications as identified in Attachment 5 to the bid; suitability of the facilities offered
in relation to the environmental and climatic conditions prevailing at the site; and quality, function
and operation of any process control concept included in the bid. The bid that does not meet minimum
acceptable standards of completeness, consistency and detail will be rejected for non- responsiveness.
b) Achievement of specified performance criteria by the facilities as per scope of work
c) Type, quantity and long-term availability warranty spare parts and also mandatory and recommended
spare parts and maintenance services
d) Any other relevant factors, if any, listed in the tender document, or that the EESL deems necessary or
prudent to take into consideration.
4.8. Commercial Evaluation
The comparison shall be of the FOR site price of domestically manufactured plant and equipment including
type test charges, if any and mandatory spares, warranty spares plus applicable sales tax & duties as well
duties and taxes paid/payable on components and raw materials incorporated or to be incorporated in the
plant and equipment including mandatory spares/warranty spares plus the cost of loading, unloading, local
transportation, insurance covers, installation and commissioning, civil work other services required under
the contract including service tax and surcharge, if any plus any survey cost, monitoring and verification
cost, distribution cost, scrap disposal cost, annual maintenance cost, any services as per scope of work,
administrative charges and statuary agencies cost including service tax and surcharge, if any. The EESL’s
comparison will also include the costs resulting from application of the evaluation procedures described in
ITB sub-clause 4.9. However, the price of recommended spare parts or optional spares or services, if asked
in the bid, shall not be considered for evaluation of bids.
The EESL’s evaluation of a bid will take into account, in addition to the bid prices indicated in price
schedules in section 4 along with the corrections pursuant to ITB sub-clause 4.3, the following costs and
factors that will be added to each bidder’s bid price in the evaluation using pricing information available to
the EESL, in the manner and to the extent indicated in ITB sub-clause 4.9 and in the technical specifications:
a) The cost of all quantifiable deviations and omissions from the contractual and commercial
conditions and the technical specifications as identified in Attachment 5 to the Bid.
b) Compliance with the time schedule called for and evidenced as needed in a milestone schedule
provided in the bid.
c) The functional guarantees of the facilities offered as per scope of work.
d) The extra cost of work, services, facilities etc, required to be provided by the EESL of third parties.
4.9. Evaluations of Deviations:
Pursuant to ITB Sub-Clause 4.8, the following evaluation methods will be followed:
a) Technical and Commercial Deviations
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. In arriving at the evaluated
cost, the price for withdrawal of deviations shown in Attachment 5 to the bid will be used if necessary. If
such a price is not given in Attachment-5, the EESL will make its own assessment of the cost of such a
deviation for the purpose of ensuring fair comparison of bids.
b) Time schedule (program of performance)
The plant and equipment covered by this bidding are required to be transported/ shipped and installed,
and the facilities are to be completed within the period as mentioned below.

Dated: 22-09-2020
Completion of all facilities/work: As per year/months in SSC.
The above date will be the effective date specified in the contract agreement. Bidders are required to base
their prices on the time schedule or, where no time schedule is given, on the completion date(s) given
above. No credit will be given for earlier completion.
The master network and the key milestone dates will be discussed with the successful bidder and agreed
upon in pre-award discussion before issuance of Letter of Award. Engineering drawing and data
submission schedule shall also be discussed and finalized before the issuance of Letter of Award.
After the Letter of Award, the contractor shall plan the sequence of work manufacture, supply, installation
to meet the above stated dates of successful completion of facilities and shall ensure all work, manufacture,
shop testing, inspection and shipment of the equipment in accordance with the required sequence.
c) Functional Guarantees of the facilities
Bidders shall state the functional guarantees (e.g. performance, efficiency, consumption) of the proposed
facilities in response to the technical specifications. In case a minimum (or a maximum, as the case may be)
level of functional guarantees is specified in the technical specifications for the bids to be considered
responsive, bids offering plant and equipment with such functional guarantees less (or more) than the
minimum (or maximum) specified shall be rejected.
d) Work, services, facilities etc., to be provided by the EESL
Where bids include the undertaking of work or the provision of services or facilities by the EESL in excess
of the provisions allowed for in the bidding documents, the EESL shall assess the costs of such additional
work, services and/or facilities during the duration of the contract. Such costs shall be added to the bid
price for evaluation.
4.10. Illustrative Method of Evaluation

Any Bidder (INR)
1. Quoted bid price without taxes and duties
(After considering arithmetical errors)
i) Ex works including Excise duty price including N1

Type test Charges/Lab Test charges + inland transportation
including inland Transit insurance etc. For equipment and spares
ii) Prices for dismantling and/or installation N2
iii) Prices for additional Warranty, if any N3
iv) Total Price N(N1+N2+N3)
2. Taxes and Duties
i) CST/VAT T1
ii) Service Tax T2
iii) Total T(T1+T2)
3. Cost Compensation
i) Technical Cost Compensation TCC
ii) Commercial Cost Compensation CCC
iii) Total TCC+CCC
4. Adjustments for Functional Guarantees X
5. Final Evaluated Bid Price N+T+TCC+CCC+X

Dated: 22-09-2020
4.11. Contacting the Employer
Subject to ITB Clause 20, no Bidder shall contact the Employer on any matter relating to its bid, from the
time of the opening of bids to the time the contract is awarded.
Information relating to the examination, evaluation and comparison of bids and recommendations for the
award of contract shall not be disclosed to bidders or any other persons not officially concerned with such
process until the award to the successful bidder has been announced. Any effort by a Bidder to influence
the Employer in the Employer’s bid evaluation, bid comparison or contract award decisions may result in
rejection of the Bidder’s bid.
E. Award of Contract
5.1. Post qualification
In the absence of pre-qualification, the EESL will determine to its satisfaction whether the bidder selected
as having submitted the lowest evaluated responsive bid/or bidder giving highest return to EESL, as the
case may be, as mentioned in special condition of contract is qualified to satisfactorily perform the contract
in terms of the qualifying requirements stipulated in IFB/NIT and section 3.
The determination will take into account the bidder’s financial, technical and production capabilities, in
particular its contract, work in hand, future commitments and current litigation. It will be based upon an
examination of the documentary evidence of the bidder’s qualifications submitted by the bidder in RfP
forms in section IV to the bid, as well as such other information as the EESL deems necessary and
appropriate.
An affirmative determination will be a prerequisite for award of the contract to the bidder. A negative
determination will result in rejection of the bidder’s bid, in which event the EESL will proceed to the next
lowest evaluated bid/next bid giving highest return to EESL to make a similar determination of that
bidder’s capabilities to perform satisfactorily.
The capabilities of the vendors and subcontractors proposed in section 3, if permitted, to the bid to be used
by the lowest evaluated bidder or bidder giving highest return to EESL as per SCC will also be evaluated for
acceptability. Their participation should be confirmed with a letter of intent between the parties, as needed.
Should a vendor or subcontractor be determined to be unacceptable, the bid will not be rejected, but the
Bidder will be required to substitute an acceptable vendor or subcontractor without any change to the bid
price.
The Employer reserves the right to assess the capacity and capability of the bidder/ his collaborator to
satisfactory execute the contract. Such assessment shall include but not be limited to the evaluation of
adequacy of facilities, services, resources, design / engineering capability and financial capability
5.2. Award criteria
Subject to ITB Clause 5.5, the EESL will award the contract to the successful Bidder whose bid has been
determined to be substantially responsive and to be the lowest evaluated technically acceptable bid or
bid offering highest return to EESL as the case may be as per tender documents and special conditions of
contract, further provided that the Bidder is determined to be qualified to perform the contract
satisfactorily.
Except for the deviations listed in Attachment-5, the bidder would be required to comply with all the
requirements of bidding documents without any extra cost to EESL failing which his bid security will be
forfeited. Further, the EESL may request the bidder to withdraw any or all of the deviations listed in
Attachment – 5 to the winning bid, at the price shown for the deviation in Attachment 5 to the bid. In case
the bidder does not withdraw the deviations proposed by him, if any, at the cost of withdrawal stated in
the bid, his bid will be rejected and bid security forfeited.
The mode of contracting with the Successful Bidder will be as per stipulation
briefly indicated below:
(i) First Contract: For supply of plant and equipment.

Dated: 22-09-2020
(ii) Second Contract: For providing all services i.e. inland transportation for delivery at site,
inland transit insurance, unloading, storage, handling at site, installation (including
civil. Structural steel work & allied work, if applicable) insurance covers other than
inland transit insurance, erection,
testing &commissioning, conducting Guarantee tests in respect of all the Goods
supplied under the ‘First Contract’ and all other
(iii) Services as specified in the Contract Documents.
The above Contracts will contain a cross-fall breach clause specifying that breach of one Contract will
constitute breach of the other Contract which will confer a right on the Employer to terminate the other
Contract also at the risk and the cost of the Contractor
5.3. Quantity Variation
The EESL reserves the right to vary the quantity of any of the spares and maintenance equipment upto +/-
20% and/or delete any items of spares altogether at the time of Award of Contract. Successful bidder, on
whom award is made, is to supply this quantity variation at same price and terms and conditions of
contract.
5.4. Additions / Alterations / Modifications
EESL reserves the right to make minor additions/alterations/modifications to the quantity of the items to
the extent of +/- 20% in the Letter of Award. The bidder shall supply such quantities also at the same rate
as originally agreed to and incorporated in the Letter of Award. However EESL may increase this quantity,
if required.
5.5. EESL’s right to accept any bid and to reject any or all bids
The EESL 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 assigning any reason thereof and
incurring any liability to the affected Bidder or bidders or any obligation to inform the affected
Bidder or bidders of the grounds for the EESL’s action.
5.6. Letter of Intent / Letter of Award
Prior to the expiration of the period of bid validity, the EESL will notify the successful bidder in
writing by issuing Letter of Intent or Letter of Award either through telefax/ scanned e-mail or though
registered/speed post/couriered letter, that its bid has been accepted. The letter of award will constitute
the formation of the contract. In case, bidder does not return the duplicate copy of LOA with duly signed
and acceptance within 10 days, then the LOA will be deemed to be accepted by the successful bidder, on
whom award is made.
The bidder shall return duplicate copy of the LoI/LoA/contract and the other enclosed documents duly
signed as a token of acceptance, within 15 days from the date of receipt of this order. Bidder is to make two
original copies of contract containing Contract agreement at top, and then Letter of award, techno
commercial offer, copy of price bid and copy of all tender documents are to be placed. Three more copies
of the contract to be submitted by the bidder in addition to two original at bidder’s own cost. Total five
copies of contract including two originals copies are to be submitted. This is to be done on instructions of
Contract deptt.
Upon the successful bidder’s furnishing of the performance security pursuant to ITB Clause 5.9, the EESL
will promptly notify each unsuccessful bidder and will discharge its bid security.
5.7. Cancellation
EESL reserves the rights to cancel the order in the part or in full by giving one week advance notice thereby
if-
 The bidder fails to comply with any of the terms of the order.

Dated: 22-09-2020
 The bidder becomes bankrupt or goes in to liquidation.
 The bidder makes general assignment for the benefit of the creditors and any receiver is
appointed for the property owned by the bidder.
5.8. Modifications
This order constitutes an entire agreement between the parties hereto. Any modifications to this Order
shall become binding only upon the same being confirmed in writing duly signed by both the parties.
Signing the Contract Agreement
At the same time as the EESL notifies the successful Bidder that its bid has been accepted, the EESL will
send the bidder the contract agreement provided in the bidding documents, incorporating all agreements
between the parties.
Within twenty-one (21) days of receipt of the contract agreement, the successful bidder shall sign and date
the contract agreement and return it to the EESL. Contract agreement will contain agreement on stamp
paper, bid documents and bidder’s offer etc.
5.9. Performance security
Within twenty-eight (28) days after receipt of the letter of award, the successful bidder shall furnish the
performance security for ten percent (10%) of the contract price or as specified in tender documents and
in the form provided in the section "Forms and Procedures" of the bidding documents or in another form
acceptable to the EESL.
In case Joint Deed(s) of Undertaking by the Contractor along with his associate(s)/collaborator(s) form
part of the Contract, then, unconditional Bank Guarantee(s) from such associate(s)/collaborator(s) for
amount(s) specified in Bid
Failure of the successful Bidder to comply with the requirements of ITB Clause 5.7 or Clause 5.8 shall
constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which
event the EESL may make the award to the next lowest evaluated bidder or call for new bids.
5.10. Corrupt or Fraudulent practices:
The EESL requires that bidders observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, the EESL: defines, for the purposes of this provision,
the terms set forth below as follows:
a. i) "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence
the action of a public official in the procurement process or in contract execution; and
ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process
or the execution of a contract to the detriment of the EESL, and includes collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive
levels and to deprive the EESL of the benefits of free and open competition;
b) will reject a proposal for award if it determines that the bidder recommended for award has engaged
in corrupt or fraudulent practices in competing for the contract in question;
c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract
if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing
for, or in executing, a contract of the EESL.
5.11 Ineligibility for Future Tenders
Notwithstanding the provisions specified in ITB sub clause 2.4 and ITB sub clause 5.7 and 5.8, if a bidder
after having been issued and letter of award, either does not sign the contract agreement pursuant to ITB
clause 5.7 or does not submit an acceptable performance security pursuant to ITB clause 5.9, such bidder

Dated: 22-09-2020
may be considered ineligible for participating in future tenders of EESL for a period as may be decided by
the EESL.
Successful bidder is to submit interchangeability certificate for its product supplied for replacement
during warranty and maintenance period and even when it is purchased from open market. In case
due to change in technology, the supplied product is not available during warranty/ maintenance
period than the improved version of product can be used in warranty/ maintenance period with same
or improved technical parameters or the combination thereof after written communication of
Engineer in Charge at same cost& terms and conditions. Successful Bidder, on whom letter of award
has been placed, has also to confirm that the prices of improved version of product is not lesser than
the original product or its parts in comparison.
Note: Special Terms and Conditions will prevail upon the instruction to Bidders.
6.0 Liquidated Damages
In case of any delay in the execution of the order beyond the stipulated time schedule including any
extension permitted in writing, EESL reserves the right to recover from the bidder a sum equivalent to
0.5% of the value of the delayed equipment installation/unexecuted portion of work for each week of delay
and part thereof subject to a maximum of 5% of the total value of the contract.
Alternatively, EESL reserves the right to purchase and distribute equipment/ material from elsewhere at
the sole risk at the cost of successful bidder/contractor and recover all such extra cost incurred by EESL in
procuring the material from resources available including EMD/Bid Security/encashment of Bank
Guarantee or any other sources etc. Further, if any extra cost is incurred by EESL due to delay in work
completion by the party beyond the completion time as per P.O./L.O.A., the same shall also be recovered
from party’s invoice/EMD/BGs etc.
Alternatively, EESL may cancel the order completely or partly without prejudice to his right under the
alternatives mentioned above.
7.0 Governing Law
The Contract shall be governed by and interpreted in accordance with laws in force in India. The Courts of
Delhi shall have exclusive jurisdiction in all matters arising under the Contract.
8.0 Tax and Duties
8.1 Except as otherwise specifically provided in the Contract, the Implementing Partner shall bear and
pay all taxes, duties, levies and charges assessed on the Implementing Partner, its Sub Implementing
Partners or their employees by all municipal, state or national government authorities in connection
with the Facilities in and outside of the country where the Site is located.
8.2 Notwithstanding above Sub-Clause 8.1 above, the EESL shall bear and promptly reimburse all customs
and import duties, if imposed in future, on the Plant and Equipment including Type Test and
mandatory spares supplied from abroad and specified in Price Schedule (and on spare parts to be
supplied from abroad and specified in Schedule, when awarded) and that are to be incorporated into
the Facilities, by the law of the country where the Site is located. However, if the plant and equipment
are shipped in Shipper’s containers, then the custom duty levied on the cost of empty containers
shall be borne and paid/ reimbursed by the Implementing Partner. The EESL shall also bear and
pay/ reimburse to the Implementing Partner/Assignee of Foreign Implementing Partner (if
applicable) Sales Tax (but not the surcharge in lieu of Sales Tax), Local Tax including Entry Tax / Octroi
(if applicable) in respect of direct transactions between the EESL and the Implementing Partner, if
imposed on the Plant and Equipment including Type Test and Mandatory Spares manufactured within
the EESL’s country and specified in Price (and also on locally supplied spares quoted when awarded)
to be incorporated in the Facilities, by the law of country where the site is located. For this purpose,
the Ex-works price if quoted in foreign currency and so incorporated in the contract, shall be
converted to Indian Rupees as per the TT buying exchange rates established by State Bank of India
prevailing on the actual date of Ex-works (India) dispatch.

Dated: 22-09-2020
All taxes, duties and levies on works contract, if any, shall be to the Implementing Partner’s account and no
separate claim in this regard will be entertained by the EESL.
8.3 If any tax exemptions, reductions, allowances or privileges is available to the Implementing Partner in
the country where the Site is located, the EESL shall use its best endeavors to enable the Implementing
Partner to benefit from any such tax savings to the maximum allowable extent.
8.4 For the purpose of the Contract, it is agreed that the Contract Price specified in Contract Price and
Terms of Payment of the Contract Agreement is based on the taxes, duties, levies and charges
prevailing at the date seven (7) days prior to the last date of bid submission in the country where the
Site is located (hereinafter called “Tax” in this Sub-Clause 8.4). If any rates of Tax are increased or de-
creased, a new Tax is introduced, an existing Tax is abolished, or any change in interpretation or
application of any Tax occurs in the course of the performance of Contract, which was or will be
assessed on the Implementing Partner in connection with performance of the Contract, an equitable
adjustment of the Contract Price shall be made to fully take into account any such change by addition
to the Contract Price or deduction there-from. However, these adjustments would be restricted to
direct transactions between the EESL and the Contractor/assignee of Foreign Implementing Partner
(if applicable). These adjustments shall not be applicable on procurement of raw materials,
intermediary components etc. by the Implementing Partner/assignee and also not applicable on the
bought out items dispatched directly from sub-vendor’s works to site.
9.0 Completion Time Guarantee:
If the Successful bidder, on whom award is made/Implementing Partner/Consultant fails to attain

Completion of the Facilities or any part thereof within the Time for Completion or any extension thereof
under ITB Clause 2.23, the Successful bidder, on whom award is made/Implementing Partner/Consultant
shall pay to the EESL liquidated damages in the amount computed at the rates specified in the SCC. The
aggregate amount of such liquidated damages shall in no event exceed the amount specified as “Maximum”
in the SCC. Once the “Maximum” is reached, the EESL may consider termination of the Contract.
Such payment shall completely satisfy the Successful bidder, on whom award is made/Implementing
Partner/Consultant obligation to attain Completion of the Facilities or the relevant part thereof within the
Time for Completion or any extension thereof under ITB Clause 2.23. The Implementing Partner shall
have no further liability whatsoever to the EESL in respect thereof.
However, the payment of liquidated damages shall not in any way relieve the Successful bidder, on whom
award is made/Implementing Partner/Consultant from any of its obligations to complete the Facilities or
from any other obligations and liabilities of the Implementing Partner under the Contract.
10.0 Defect Liability
10.1 The Successful bidder, on whom award is made/Implementing Partner/Consultant warrants that the
Facilities or any part thereof shall be free from defects in the design, engineering, materials and
workmanship of the Plant and Equipment supplied and of the work executed, wherever applicable.
10.2 The Defect Liability Period shall be eighteen (18) months from the date of Completion of the Facilities
(or any part thereof) or twelve (12) months from the date of Operational Acceptance of the Facilities
(or any part thereof), whichever first occurs, unless specified otherwise in the SCC.
If during the Defect Liability Period any defect should be found in the design, engineering, materials and
workmanship of the Plant and Equipment supplied or of the work executed by the Implementing
Partner, the Implementing Partner shall promptly, in consultation and agreement with the EESL regarding
appropriate remedying of the defects, and at its cost, repair, replace or otherwise make good (as the
Implementing Partner shall, at its discretion, determine) such defect as well as any damage to the Facilities
caused by such defect. The Implementing Partner shall not be responsible for the repair, replacement or
making good of any defector of any damage to the Facilities arising out of or resulting from any of the
following causes:
 improper operation or maintenance of the Facilities by the EESL

Dated: 22-09-2020
 operation of the Facilities outside specifications provided in the Contract.
 Normal wear and tear.
10.3 The EESL shall give the Successful bidder, on whom award is made/Implementing Partner a notice
stating the nature of any such defect together with all available evidence thereof, promptly following
the discovery thereof. The EESL shall afford all reasonable opportunity for the Implementing Partner
to inspect any such defect.
10.4 The EESL shall afford the Implementing Partner all necessary access to the Facilities and the Site to
enable the Implementing Partner to perform its obligations.
The Implementing Partner may, with the consent of the EESL, remove from the Site any Plant and
Equipment or any part of the Facilities that are defective if the nature of the defect, and/or any damage
to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried out at the
Site.
10.5 If the repair, replacement or making good is of such a character that it may affect the efficiency of the
Facilities or any part thereof, the EESL may give to the Implementing Partner a notice requiring that
tests of the defective part of the Facilities shall be made by the Implementing Partner immediately
upon completion of such remedial work, whereupon the Implementing Partner shall carry out such
tests.
If such part fails the tests, the Implementing Partner shall carry out further repair, replacement or making
good (as the case may be) until that part of the Facilities passes such tests. The tests in character shall in
any case be not less than what has already been agreed by the EESL and the Implementing Partner for the
original equipment/part of the Facilities.
10.6 If the Implementing Partner fails to commence the work necessary to remedy such defect or any
damage to the Facilities caused by such defect within a reasonable time (which shall in no event be
considered to be less than fifteen (15) days), the EESL may, following notice to the Implementing
Partner, proceed to do such work, and the reasonable costs incurred by the EESL in connection
therewith shall be paid to the EESL by the Implementing Partner or may be deducted by the EESL from
any monies due to the Implementing Partner or claimed under the Performance Security.
10.7 If the Facilities or any part thereof cannot be used by reason of such defect and/or making good of
such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be
extended by a period equal to the period during which the Facilities or such part cannot be used by
the EESL because of any of the aforesaid reasons.Upon correction of the defects in the Facilities or any
part thereof by repair/ replacement, such repair/replacement shall have the Defect Liability Period
extended by a period of twelve (12) month from the time such replacement/ repair of the Facilities or
any part therof.
10.8 In addition, the Implementing Partner shall also provide an extended warranty for any such
component of the Facilities and during the period of time as may be specified in the SCC. Such
obligation shall be in addition to the defect liability specified under ITB Clause 10.2 or as specified in
SCC.
11.0 Functional Guarantees
11.1 The Implementing Partner guarantees that during the Guarantee Test, the Facilities and all parts
thereof shall attain the Functional Guarantees as specified in the Contract Agreement, subject to and
upon the conditions therein specified.
11.2 If, for reasons attributable to the Implementing Partner, the guaranteed level of the Functional
Guarantees specified in the Contract Agreement are not met either in whole or in part, the
Implementing Partner shall, within a mutually agreed time, at its cost and expense make such changes,
modifications and/or additions to the Plant or any part thereof as may be necessary to meet such
Guarantees. The Implementing Partner shall notify the EESL upon completion of the necessary
changes, modifications and/or additions, and shall seek the EESL's consent to repeat the Guarantee

Dated: 22-09-2020
Test. If the specified Functional Guarantees are not established even during the repeat of the
Guarantee Test, the EESL may at its option, either
 Reject the Equipment and recover the payments already made, or

 Terminate the Contract and recover the payments already made, or
 Accept the equipment after levy of liquidated damages in accordance with the provisions
specified in the Contract Agreement.
12.0 Inspections and Tests
12.1. Inspection of Goods: The Employer or its representative shall have the right to inspect and/or to
test the Goods to confirm their conformity to the Contract specifications at no extra cost to the
Employer. (SCC and the Technical Specifications shall specify what inspections and tests the
Employer requires and where they are to be conducted). The Employer shall notify the
Contractor in writing in a timely manner of the identity of any representatives retained for these
purposes.
12.2 The inspections and tests may be conducted on the premises of the Contractor or its
subcontractor(s), at point of delivery and/or at the Goods final destination. If conducted
on the premises of the Contractor or its subcontractor(s), all reasonable Works and
assistance, including access to drawings and production data shall be furnished to the inspectors
at no cost to the Employer.
12.3 Should any inspected or tested Goods fail to conform to the specifications, the Employer may
reject and the Contractor shall either replace the rejected Goods or make alterations
necessary to meet specification requirements free of cost to the Employer.
12.4 The Employer's right to inspect, test and, where necessary, reject the Goods after the arrival at
Site shall in no way be limited or waived by reason of the Goods having previously been
inspected, tested and passed by the Employer or its Representative prior to the Goods shipment.
12.5 Nothing in GCC Clause 6 shall in any way release the Contractor from any warranty or other
obligations under this Contract.
12.5 Manuals and Drawings
12.6 Before the Goods and Services are taken over by the Employer, the Contractor shall supply
operation and maintenance manuals together with drawings of the goods and equipment. These
shall be in such detail as will enable the Employer to operate, maintain, adjust and repair all parts
of the equipment as stated in the specifications.
12.7 The manuals and drawings shall be in the English ruling language and in such form and numbers
as stated in the contract.
12.8 Unless and otherwise agreed, the goods and equipment shall not be considered to be
completed for the purpose of taking over until such manuals and drawings have been supplied
to the Employer.
12.9 It shall be the obligation of the Contractor to train and familiarize the designated person by
the Employer in regard to the operation manual and drawings.
13.0 Insurance
The Goods supplied under the Contract shall be fully insured in Indian Rupees against loss or damage
incidental to manufacture or acquisition, transportation, storage and delivery. For delivery of goods
at site, the insurance shall be obtained by the Contractor, for an amount not less than the Contract Price
of the goods from “warehouse to warehouse” (final destinations) on “All Risks” basis including War risks
and strikes.
14.0 Transportation, Demurrage Wharfage, Etc.
Contractor is required under the Contract to transport the Goods to place of destination defined as
Site. Transport to such place of destination in India including insurance, as shall be specified in the
Contract, shall be arranged by the Contractor, and the related cost shall be included in the Contract Price.
Successful bidder, on whom letter of award is placed, is to ensure all safety guidelines, rules and
regulations, labour laws etc. Successful bidder indemnify EESL for any accident, injury met by its
labour, employee or any other person working for him. Any compensation sought by its labour,
employee or any other person working for him shall be paid by successful bidder as per settlement
solely. EESL has no role to play in this matter

Dated: 22-09-2020
15.0 Warranty
15.1 The Contractor warrants that the Goods supplied under this Contract are new, unused, of the
most recent or current models and that they incorporate all recent improvements in design and
materials unless provided otherwise in the Contract. The Contractor further warrants that all
Goods supplied under this Contract shall have no defect arising from design, materials or
workmanship (except when the design and/or material is required by the Employer's
Specifications) or from any act or omission of the Contractor, that may develop under normal use
of the supplied Goods in the conditions prevailing in the country of final destination.
15.2 This warranty of all the Works shall remain valid for 2 year after the Commissioning. The
Contractor shall, in addition, comply with the performance
and/or guarantees specified under the Contract. If for reasons attributable to
the Contractor, these guarantees are not attained in whole or in part, the
Contractor shall:
15.3 make such changes, modifications, and/or additions to the Goods or any part thereof
as may be necessary in order to attain the contractual guarantees specified in the Contract at its
own cost and expense and to carry out further performance tests in accordance with SCC Clause
2;
OR
15.4 pay liquidated damages to the Employer with respect to the failure to meet the contractual
guarantees.
15.5. The Employer shall notify the Contractor in writing of any claims arising under this warranty.
15.6 Upon receipt of such notice, the Contractor shall, within the period of 15 days and with all
reasonable speed, repair or replace the defective Goods or parts thereof, free of cost at the
ultimate destination. The Contractor shall take over the replaced parts/goods at the time of their
replacement. No claim whatsoever shall lie on the Employer for the replaced parts/goods
thereafter. In the event of any correction of defects or replacement of defective material
during the Warranty period, the Warranty for the corrected or replaced material shall be
extended to a further period.
15.7 If the Contractor, having been notified, fails to remedy the defect(s) within 15 days, the
Employer may proceed to take such remedial action as may be necessary, at the Contractor's
risk and expense and without prejudice to any other rights which the Employer may have
against the Contractor under the Contract. The performance guarantee and liquidated damaged
be entitled to be recovered without prejudice to other rights of the Employer.
16.0. Termination for Default
16.1 The Employer may, without prejudice to any other remedy for breach of contract, by
written notice of default sent to the Contractor, terminate the Contract in whole or part:
16.2 if the Contractor fails to deliver any or all of the Goods and complete the Work within the
period(s) specified in the Contractor within any extension thereof granted by the Employer
pursuant to GCC Clause 20; or
16.3 if the Contractor fails to perform any other obligation(s)/duties under the Contract.
16.4 If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices
in competing for or in executing the Contract.
16.5 In the event the Employer terminates the Contract in whole or in part, pursuant to GCC Clause 22.1,
the Employer may procure, upon such terms and in such manner as it deems appropriate, Goods
or Services similar to those undelivered, and the Contractor shall be liable to the Employer for
any excess costs for such similar Goods or Services. However, the Contractor shall continue
the performance of the Contract to the extent not terminated.
17.0. Settlement of Disputes
17.1 Adjudicator

Dated: 22-09-2020
17.1.1 If any dispute of any kind whatsoever shall arise between the EESL and the Implementing Partner
in connection with or arising out of the Contract, including without prejudice to the generality of
the foregoing, any question regarding its existence, validity or termination, or the execution of
the Facilities—whether during the progress of the Facilities or after their completion and
whether before or after the termination, abandonment or breach of the Contract—the parties shall
seek to resolve any such dispute or difference by mutual consultation. If the parties fail to resolve
such a dispute or difference by mutual consultation, then the dispute shall be referred in writing
by either party to the Adjudicator, with a copy to the other party.
17.1.2 The Adjudicator shall give its decision in writing to both parties within twenty-eight (28) days of
a dispute being referred to it. If the Adjudicator has done so, and no notice of intention to
commence arbitration has been given by either the EESL or the Implementing Partner within fifty-
six (56) days of such reference, the decision shall become final and binding upon the EESL and the
Implementing Partner. Any decision that has become final and binding shall be implemented by
the parties forthwith.
17.1.3 Should the Adjudicator resign or die, or should the EESL and the Implementing Partner agree that
the Adjudicator is not fulfilling its functions in accordance with the provisions of the Contract;
another retired Judge of High Court/Supreme Court of India shall be jointly appointed by the EESL
and the Implementing Partner as adjudicator under the Contract. Failing agreement between the
two within twenty eight (28) days, the new retired judge of High Court/Supreme Court of
India shall be appointed as the Adjudicator under the Contract at the request of either party by the
Appointing Authority specified in the SCC. The adjudicator shall be paid fee plus reasonable
expenditures incurred in the execution of its duties as adjudicator under the contract. This cost
shall be divided equally between the EESL and the Implementing Partner.
17.2 Arbitration
17.2.1 If either the EESL or the Implementing Partner is dissatisfied with the Adjudicator’s decision, or if
the Adjudicator fails to give a decision within twenty-eight (28) days of a dispute being referred to
it, then either the EESL or the Implementing Partner may, within fifty-six (56) days of such
reference, give notice to the other party, with a copy for information to the Adjudicator, of its
intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such notice is given.
17.2.2 Any dispute in respect of which a notice of intention to commence arbitration has been given, in
accordance with Sub-Clause 17.2.1, shall be finally settled by arbitration. Arbitration may be
commenced prior to or after completion of the Facilities.
17.2.3 Any dispute submitted by a party to arbitration shall be heard by an arbitration panel composed
of three arbitrators, in accordance with the provisions set forth below.
17.2.4 The EESL and the Implementing Partner shall each appoint one arbitrator, and these two
arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the two
arbitrators do not succeed in appointing a third arbitrator within twenty-eight (28) days after the
latter of the two arbitrators has been appointed, the third arbitrator shall, at the request of either
party, be appointed by the Appointing Authority for arbitrator designated in the SCC.
17.2.5 If one party fails to appoint its arbitrator within forty-two (42) days after the other party has
named its arbitrator, the party which has named an arbitrator may request the Appointing
Authority to appoint the second arbitrator.
17.2.6 If for any reason an arbitrator is unable to perform its function, the mandate of the Arbitrator shall
terminate in accordance with the provisions of applicable laws as mentioned in ITB Clause 7
(Governing Law) and a substitute shall be appointed in the same manner as the original arbitrator.
17.2.7 Arbitration proceedings shall be conducted (i) in accordance with the rules of procedure
designated in the SCC, (ii) in the place designated in the SCC, and (iii) in the language in which this
Con-tract has been executed.

Dated: 22-09-2020
17.2.8 The decision of a majority of the arbitrators (or of the third arbitrator chairing the arbitration, if
there is no such majority) shall be final and binding and shall be enforceable in any court of
competent jurisdiction as decree of the court. The parties thereby waive any objections to or claims
of immunity from such enforcement.
17.2.9 The arbitrator(s) shall give reasoned award.
17.3 Notwithstanding any reference to the Adjudicator or arbitration herein,
 the parties shall continue to perform their respective obligations under the Contract
unless they otherwise agree
 the EESL shall pay the Implementing Partner any monies due to the Implementing
Partner.
18.0 MSME Bidder
Are you registered as MICRO, SMALL or MEDIUM Enterprise under MSMED Act 2006?
If YES,
A) Please indicate relevant category with copy
of documentary proof issued by the concerned authorities:
B) Does your firm fall under MSE’s owned by SC/ST
Entrepreneurs. If so, enclose a copy of documentary evidence:
IN ADDITION TO ABOVE FOLLOWING WILL ALSO BE APPLICABLE FOR CONSULTANCY/PROJECT

MANAGEMENT CONTRACT SERVICES.
19.0 THIRD-PARTY CONSULTANCY SERVICES
The Employer (EESL) is obliged, at its own expense, to make the necessary provision for the performance
of those services by third parties commissioned by it, as described in Special Conditions of Contract
20.0 SCOPE OF SERVICES
20.1 The Consultant shall deliver the Services in full and on time.
20.2 The Services to be performed by the Consultant encompass all the part services described and
explained in Special Conditions of Contract, Terms of Reference plus Tender Documents and The
Consultant's bid. Furthermore, the Consultant must deliver all the standard and special services as
defined intender RfP.
20.3 The Consultant shall work together with third parties wherever commissioned by the Employer.
The Employer is not responsible for these third parties or their performance, when the work is
assigned to consultant to co-ordinate with them. In addition, the Consultant must comprehensively
coordinate their services with its own services, as far as possible.
20.1 STANDARD AND SPECIAL SERVICES

20.1.1 In addition to the Services specified explicitly in the Contract, the Consultant shall also perform all
other services, if necessary, that are not listed under the contractual services, but are customarily
required in order to properly discharge the contractual obligations ("standard services"). The
standard services shall be fully compensated through the Agreed Remuneration in the contract.
20.1.2 "Special Services" are services that are not included under the contractual or standard services,
but must necessarily be delivered by the Consultant in order to properly perform its duties under
the Contract, because the external circumstances of service delivery have changed unexpectedly,
or because the Employer has suspended the Services Force Majeure or because the Employer, with
the prior consent of EESL, requires services that were not included in the invitation to tender but
are necessary.
No extra cost is payable to fulfill the standard and / or special services.

Dated: 22-09-2020
20.2 DUE DILIGENCE
20.2.1 Except where otherwise stipulated in this Contract, or otherwise legally stipulated within the
country or within another legal system (including the legal system in the Consultant's jurisdiction)
by provisions that impose higher demands than this Contract, when performing its obligations
under this Contract the Consultant shall exercise due diligence and provide the Services in
compliance with professional practice and to the recognized quality standards, in accordance with
current scientific and generally accepted engineering standards. The Consultant must document
its work, the progress of the Project and the decisions it takes in an appropriate form that is
acceptable to the Employer, bearing in mind the requirements of tender/RfP/Letter of Award.
20.3 REPORTING
20.3.1 The Consultant shall inform the Employer promptly of all extraordinary circumstances that arise
during the performance of the services and of all matters requiring EESL approval. The consultant
is to make reports as defined in scope of work and submit the same as per timelines defined in the
contract.
20.4 STAFFING
20.4.1 The Consultant shall employ the staff specified in bid [Staffing Schedule] to implement
performance of the Services. The list of designated key staff and any changes to it shall require the
prior written approval of the Employer.
20.4.2 The Employer may require the Consultant to terminate the contract of, or replace, any staff
member who fails to meet the requirements as per contract. Any such demand must be submitted
in writing to the Consultant stating the reasons for it.
20.4.3 If staff employed by the Consultant need to be replaced, the Consultant shall ensure that the staff
member in question is replaced promptly by an individual who possesses at least equivalent
qualifications.
20.4.4 If any one of the Consultant's staff falls ill for more than one month and this jeopardizes the
performance of this Contract by the Consultant, the Consultant shall replace this staff member with
another staff member who possesses at least equivalent qualifications.
20.4.5 Staff shall only be replaced after prior approval by the Employer, such approval not to be
unreasonably withheld. The exchange, replacement, or planned dispensation of replacement (as
exception to existing rules) of key staff specified by name shall require the prior approval of EESL.
20.4.6 If the Consultant must terminate the contract of, or replace, any staff during the Contract period,
the costs thus accrued shall be borne by the Consultant, except where staff are removed or replaced
at the Employer's request. In this case, the Employer shall meet the costs of replacing the staff
member, unless the staff member in question does not meet the requirements.
20.5 CONTACT PERSON OF THE CONSULTANT
20.5.1 The Consultant shall appoint for the exercise ofall rights and obligations arising from this Contract
a natural person as its contact person for the Employer under this Contract.
20.5.2 The Consultant shall specify and provide respective contact data to the Employer - for an individual
at the Consultant's place of business who can be reached at any time in cases of emergency or crisis
as well as a deputy of the Consultant. The Consultant shall notify the Employer without delay of
any change of elected person or their contact data.
21.0 INDEPENDENCE OF THE CONSULTANT
21.1 The Consultant undertakes that neither the Consultant nor any enterprise associated with the
Consultant shall bid for the Project as manufacturer, supplier, or building contractor. This
prohibition also applies to any bidding for any further consulting services, insofar as such
consulting services might lead to a restriction of competition or a conflict of interests. Any violation
of this stipulation may lead to the immediate cancellation of this Contract and require the
reimbursement of any and all costs incurred by the Employer up to the time of such violation as
well as compensation for any and all losses and damages incurred by the Employer as a result of
such cancellation.
22.0 COMMENCEMENT AND COMPLETION

Dated: 22-09-2020
22.1.1 The Consultant shall begin performing the Services on the prescribed date on which execution of
the Contract shall take place, but not earlier than and without undue delay after the Contract has
come into force. The Consultant shall deliver the Services in accordance with the time schedule in
the bid [Time Schedule for the Performance of the Services defined in SCC], and shall complete the
Services within the Completion Period, subject to any further extensions to this Contract accorded
by employer.
22.1.2 In relation to optional services (if any), the Consultant shall commence delivery of the optional
services not earlier than upon receipt of notification from the Employer,
22.1.3 Any change to the time schedule [Time Schedule for the Performance of the Services] due to a
reasonable request by either party shall be mutually agreed upon in writing.
23.0 FORCE MAJEURE
In addition to Force Majeure defined in clause 2.26, following will also be applicable for consultancy work.
23.1 In the event of Force Majeure, the contractual obligations, as far as affected by such event, shall be
suspended for as long as performance remains impossible due to the Force Majeure, provided that one
party to the Contract receives notification of the Force Majeure event from the other party within two
weeks after its occurrence and both the parties agree for that to be a force majeure. Any and all liability
of the Consultant for damages arising due to its absence caused by the Force Majeure is excluded.
23.2 In the event of Force Majeure, the Consultant shall be entitled to an extension of the Contract equal to
the delay caused by such Force Majeure. If the performance of the Services is rendered permanently
impossible by the Force Majeure, both parties to this Contract shall be entitled to terminate the
Contract on mutual agreement basis only.
23.3 In case of suspension or termination of the Contract due to Force Majeure, the Services performed up
to the time of the Force Majeure and all necessary expenditure (which is evidenced) of the Consultant
arising from the discontinuing of the Services shall be invoiced on the basis of contractual prices
subject to employer agreement with the work. Neither party shall make any further claims.
24.0 SUSPENSIONS OR TERMINATION
24.1 The Employer may fully or partially suspend the Services or terminate this Contract after serving
written notice of at least 30 days. In this event, the Consultant must immediately take all measures
necessary to ensure that the Services are discontinued and the expenditure minimized. The Consultant
shall hand over all reports, drafts and documents to be drawn up by the date in question to the
Employer. In case of termination Force majeure shall apply mutatis mutandis.
24.2 If the Consultant fails to meet its contractual obligations without sufficient reason; in accordance
with the Contract; or on time, the Employer may serve a notice upon the Consultant and request it to
duly perform its Services. If the Consultant fails to remedy the performance deficit within a period of
21 days of having been called upon to do so by the Employer, the Employer shall be entitled, after this
period has elapsed, to terminate the Contract by written notice.
24.3 If the termination of the Contract is due to a default on the part of the Consultant, the Consultant shall
be entitled to demand the Agreed Remuneration for the Services performed until the date of
termination but not yet remunerated. The Employer shall be entitled to demand compensation for the
direct damages caused by the default.
25.0 REMUNERATION OF THE CONSULTANT
The Consultant shall receive the remuneration agreed in the Special Conditions and bid price schedule for
performing the Services owed under this Contract, subject to the conditions listed therein and the
conditions below.
26.0 TERMS OF PAYMENT
Except where otherwise agreed in the Special Conditions, the Employer shall pay the Consultant's
remuneration as follows:
(a) Advance payment, due within 30 days of award of Contract upon presentation of an
invoice against equivalent advance bank guarantee, if mentioned in SCC.
(b) Payments based on deliverables as per tender/SCC or as agreed upon in amendments.

Dated: 22-09-2020
(c) The final payment shall be made after the Services have been performed in full and
confirmation had been provided by the Employer to that Consultant.
27.0 METHOD OF PAYMENT
Payment shall be made according to the conditions set out in the Special Conditions or as agreed upon.
28.0 INSURANCE AGAINST LIABILITY AND DAMAGES
The Consultant is advised to take out insurance for the period of the Contract, on the terms specified in
the Special Conditions, including, but not limited to, the following:
a) Professional liability insurance;
b) Personal liability insurance;
c) Equipment insurance covering loss of or physical damage to all equipment acquired,
used, provided or paid for by the Employer within the context of this Contract; and
d) Motor vehicle third party liability insurance and motor vehicle comprehensive
insurance for the vehicles acquired in connection with this Contract.
EESL will not be responsible in case any accident/ mis-happenings with consultant employee or contract
person and for any equipment damage or theft occurs and in no case EESL shall pay for it.
In case of any contradiction in ITB and SCC, then SCC will prevail.
LIST OF ACRONYMS
EMD: Earnest Money Deposit
EoI: Expression of Interest
SCC: Special Conditions of Contract
INR: Indian Rupees
IST: Indian Standard Time
LED: Light Emitting Diodes
LoI: Letter of Intent
LoA: Letter of Acceptance
MoU: Memorandum of Understanding
MoP: Ministry of Power
RECL: Rural Electrification Corporation Ltd
EESL: Energy Efficiency Services Ltd
O&M: Operation & Maintenance
RfP: Request for Proposal
R&M: Repair & Maintenance
SD: Security Deposit
CPG: Contract Performance Guarantee
FTL: Fluorescent Tube Light
SVL: Sodium Vapor Lamp
PMA: Project Management Agency

Dated: 22-09-2020
SECTION III
GENERAL CONDITIONS OF CONTRACT (GCC)

GENERAL CONDITIONS CONTACTS (GCC)
S.NO DESCRIPTION PAGE NO.
A. Contract and Interpretation
1. Definitions 1
2. Contract Document 2
3. Interpretation 3
4. Notices 5
5. Governing Low 5
6. Settlement of Disputes 5
B. Subject Matter of Contract
7. Scope of Facilities 7
8. Time for Commencement and completion 10
9. Implementing Partner’s Responsibilities 10
10. EESL’s Responsibilities 10
C. Payment
11. Contract Price 11
12. Terms of Payment 11
13. Securities 11
14. Taxes and Duties 12
D. Intellectual Property
15. Copyright 16
16. Confidential Information 13
E. Work Execution
17. Representatives 14
18. Work Program 15

19. Subcontracting 16
20. Design and Engineering 16
21. Procurement 17
22. Installation 19
23. Test and Inspection 21
24. Completion of the facilities 23
25. Commissioning , Guarantee Test and Operational Acceptance 24
F. Guarantees and Liabilities
26. Completion Time and Guarantee 25
27. Defect Liability 25
28. Functional Guarantees 26
29. Patent Indemnity 27
30. Limitation of Liability 27
G. Risk Distribution 28
31. Transfer of Ownership 28
32. Care of Facilities 28
33. Loss of or Damage to property ; Accident or Injury to Workers; 29

Indemnification
30
34. Insurance
32
35. Unforeseen Conditions
32
36. Change in Law and Regulations
32
37. Force Majeure 33
38. War Risks
H. Change in Contract Elements

34
39. Change in the Facilities
36
40. Extension of Time for Completion
36
41. Suspension
41
42. Termination
41
43. Assignment
41
44. Bankruptcy
41
45. Contractor Performance & Feedback andEvaluation System
41
46. Fraud Prevention Policy
A. Contract and Interpretation
1. Definitions
1.1 The following words and expressions shall have the meanings hereby assigned to them:
“Contract” means the Contract Agreement entered into between the EESL and the
Implementing Partner, together with the Contract Documents referred to therein; they shall
constitute the Contract, and the term “the Contract” shall in all such documents be construed
accordingly.
“Contract Documents” means the documents listed in Article. 1.1 (Contract Documents) of the
Form of Contract Agreement (including any amendments thereto).
“GCC” means the General Conditions of Contract hereof.
“SCC” means the Special Conditions of Contract.
“Day” means calendar day of the Gregorian calendar.
“Month” means calendar month of the Gregorian calendar.
“Employer” means EESL, New Delhi/Noida and includes the legal successors or permitted
assigns of the EESL.
“Project Manager” means the person appointed by the EESL in the manner provided in GCC
Sub-Clause 17.1 (Project Manager) hereof and named as such in the SCC to perform the duties
delegated by the EESL.
“Contractor or Implementing Partner” means the person(s) whose bid to perform the
Contract has been accepted by the EESL and is named as such in the Con- tract Agreement, and
includes the legal successors or permitted assigns of the Implementing Partner.
“Contractor or Implementing Partner’s Representative” means any person nominated by the

Implementing Partner and approved by the EESL in the manner provided in GCC Sub- Clause 17.2
(Implementing Partner’s Representative and Construction Manager) hereof to perform the
duties delegated by the Implementing Partner.
“Sub Contractor or Sub Implementing Partner,” including vendors, means any person to whom
execution of any part of the Facilities, including preparation of any design or supply of any
Plant and Equipment, is sub-contracted directly or indirectly by the Implementing Partner,
and includes its legal successors or permitted assigns.
“Adjudicator” means the person or persons named as such in the SCC to make a decision on
or to settle any dispute or difference between the EESL and the Implementing Partner referred
to him or her by the parties pursuant to GCC Sub-Clause 6.1 (Adjudicator) hereof.
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“Contract Price” means the sum specified in Article 2.1 (Contract Price) of the Contract
Agreement, subject to such additions and adjustments thereto or deductions there from, as
may be made pursuant to the Con-tract.
“Facilities” means the Plant and Equipment to be supplied and installed, as well as all the
Installation Services to be carried out by the Implementing Partner under the Contract.
“Plant and Equipment” means permanent plant, equipment, machinery, apparatus, articles and
things of all kinds to be provided and incorporated in the Facilities by the Implementing
Partner under the Contract (including the spare parts to be supplied by the Implementing
Partner under GCC Sub-Clause 7.3 here-of), but does not include Implementing Partner’s
Equipment.
“Installation Services” means all those services ancillary to the supply of the Plant and
Equipment for the Facilities, to be provided by the Implementing Partner under the Contract;
e.g., transportation and provision of marine or other similar insurance, inspection, expediting,
Site preparation works (including the provision and use of Implementing Partner’s Equipment
and the supply of all construction materials required), installation, testing, pre-commissioning,
commissioning, operations, maintenance, the provision of operations and maintenance
manuals, training of EESL's Personnel etc.
“Contractor or Implementing Partner’s Equipment” means all plant, facilities, equipment,

machinery, tools, apparatus, appliances or things of every kind required in or for installation,
completion and maintenance of Facilities that are to be provided by the Implementing Partner,
but does not include Plant and Equipment, or other things intended to form or forming part of
the Facilities.
“Site” means the land and other places upon which the Facilities are to be installed, and such
other land or places as may be specified in the Contract as forming part of the Site.
“Effective Date” means the date from which the Time for Completion shall be determined as
stated in Article 3 (Effective Date for Determining Time for Completion) of the Form of
Contract Agreement.
“Time for Completion” means the time within which Completion of the Facilities as a whole (or
of a part of the Facilities where a separate Time for Completion of such part has been
prescribed) is to be attained in accordance with the stipulations in the SCC and the relevant
provisions of the Contract.
“Completion” means that the Facilities (or a specific part thereof where specific parts are
specified in the SCC) have been completed operationally and structurally and put in a tight and
clean condition, and that all work in respect of Pre-commissioning of the Facilities or such
specific part thereof has been completed; and Commissioning has been attained as per
Technical Specifications.
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“Pre-commissioning” means the testing, checking and other requirement specified in the
Technical Specifications that are to be carried out by the Implementing Partner in preparation
for Commissioning as provided in GCC Clause 24 (Completion) hereof.
Commissioning” means trial/initial operation of the Facilities or any part thereof by the
Implementing Partner, which operation is to be carried out by the Con tractor as provided in
GCC Sub-Clause 25.1 (Commissioning) hereof, for the purpose of carrying out Guarantee
Test(s).
“Guarantee Test(s)” means the test(s) specified in the Technical Specifications to be carried
out to ascertain whether the Facilities or a specified part thereof is able to attain the
Functional Guarantees specified in the Technical Specifications in accordance with the
provisions of GCC Sub Clause 25.2 (Guarantee Test) hereof.
Operational Acceptance” means the acceptance by the EESL of the Facilities (or any part of the
Facilities where the Contract provides for acceptance of the Facilities in parts), which certifies
the Implementing Partner’s fulfilment of the Contract in respect of Functional Guarantees of
the Facilities (or the relevant part thereof) in accordance with the provisions of GCC Clause 28
(Functional Guarantees) hereof and shall include deemed acceptance in accordance with GCC
Clause 25 (Commissioning and Operational Acceptance) hereof.
“Defect Liability Period” means the period of validity of the warranties given by the
Implementing Partner commencing at Completion of the Facilities or a part thereof, during
which the Implementing Partner is responsible for defects with respect to the Facilities (or the
relevant part thereof) as provided in GCC Clause 27 (Defect Liability) hereof.
2. Contract Documents
2.1 Subject to Article1.2 (Order of Precedence) of the Contract Agreement all documents
forming part of the Contract (and all parts thereof) are intended to be correlative,
complementary and mutually explanatory. The Contract shall be read as a whole.
2.2 The Contract will be signed in three originals and the Implementing Partner shall be
provided with one signed original and the rest will be retained by the EESL.
2.3 The Implementing Partner shall provide free of cost to the EESL all the engineering data,
drawing and descriptive materials submitted with the bid, in at least five (5) copies to form a
part of the Contract immediately after Notification of Award/ letter of Award.
2.4 Subsequent to signing of the Contract, the Implementing Partner at his own cost shall provide
the EESL with at least five (05) true copies of Contract Agreement within thirty (30) days after
signing of the Contract.
3. Interpretation
3.1 Language
3.1.1 Unless the Implementing Partner is a national of the EESL’s country and the EESL and
the Implementing Partner agree to use the local language, all Contract Documents, all
correspondence and communications to be given, and all other documentation to be prepared
Page | 3
and supplied under the Contract shall be written in English, and the Contract shall be construed
and interpreted in accordance with that language.
3.1.2 If any of the Contract Documents, correspondence or communications are prepared in any
language other than the governing language under GCC Sub-Clause 3.1.1 above, the English
translation of such documents, correspondence or communications shall prevail in matters of
interpretation.
3.2 Singular and Plural

The singular shall include the plural and the plural the singular, except where the context
otherwise requires.
3.3 Headings
The headings and marginal notes in the General Conditions of Contract are included for ease of
reference, and shall neither constitute a part of the Contract nor affect its interpretation.
3.4 Persons
Words importing persons or parties shall include firms, corporations and government entities.
3.5 Inco terms

Unless inconsistent with any provision of the Contract, the meaning of any trade term and the
rights and obligations of parties there under shall be as prescribed by Incoterms.
Inco terms means international rules for interpreting trade terms published by the International
Chamber of Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France.
3.6 Construction of the Contract
3.6.1 The Contracts to be entered into between the EESL and the successful bidder shall be as
under:
i) First Contract: For Ex-works (India) supply of plant and equipment and accessories by
bidder including mandatory spares and spares to be supplied during warranty
ii) Second Contract: for providing all services i.e. loading, inland/air/shipment
transportation for delivery at site, inland/air/shipment transit insurance, unloading,
storage, handling at site, installation, insurance covers other than inland transit insurance,
testing, commissioning and conducting Guarantee tests in respect of all the equipments
supplied under the 'First Contract' and all other services including civil works, if any, as
specified in the Contract Documents including sales tax and duties as asked in price bid in
section IV. It will also cover cost for Repair and Maintenance and equipments and/or
additional warranty, where ever asked for, supplied under the 'First Contract' and all other
services including civil works, if any, as specified in the Contract Documents. All items in
second contract must be quoted including service tax.
iii) Third Contract: For providing all services including Awareness programme for
public/stake holders/workshops/printing brochure and other materials, Survey cost,
Monitoring and verification cost, scrap disposal cost, arrangement of office at both sites
and Statuary agencies cost including service tax.
Page | 4
All the above Contracts will contain a cross-fall breach clause specifying that breach of one
Contract will constitute breach of the other Contracts which will confer a right on the
Employer to terminate the other Contracts also at the risk and the cost of the contractor
/Implementing Partner for the Project, for which awards have been made.
In case, value of second contract viz transportation, insurance is lower or the supply cost
includes transportation, insurance etc than three contract may be merged in two contract.
Arbitration: 1. Appointing authority for adjudicator: MD, EESL
2. The place of arbitration shall be: New Delhi
Prices are to be quoted as Firm during currency of contract. No price adjustment is

allowed.
General:
1. In case of investment partner, A project manager is to be deputed from their side

for co-coordinating activities.
2. Word Implementing Partner for any Project used in General Conditions of contract
includes persons of Investment partner, executing and implementing agencies etc
3. Notification of award means Letter of Intent and Letter of award
3.6.2 The award of separate Contracts shall not in any way dilute the responsibility of
the Implementing Partner for the successful completion of the Facilities as per
Contract Documents and a breach in one Con-tract shall automatically be
construed as a breach of the other Contract(s) which will confer a right on the
EESL to terminate the other Contract(s) also at the risk and the cost of the
Implementing Partner.
3.7 Entire Agreement
Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the entire agreement
between the EESL and Implementing Partner with respect to the subject matter of
Contract and supersedes all communications, negotiations and agreements (whether
written or oral) of parties with respect thereto made prior to the date of Contract.
3.8 Amendment
No amendment or other variation of the Contract shall be effective unless it is in

writing, is dated, expressly refers to the Contract, and is signed by a duly authorized
representative of each party here to.
3.9 Independent Contractor or Implementing Partner
The Implementing Partner shall be an independent Implementing Partner performing

the Contract. The Contract does not create any agency, partnership, joint venture or
other joint relationship between the parties here to.
Subject to the provisions of the Contract, the Contractor or Implementing Partner shall
Page | 5
be solely responsible for the manner in which the Contract is performed. All
employees, representatives or Sub Contractor or Sub Implementing Partners engaged
by the Implementing Partner in connection with the performance of the Contract shall
be under the complete control of the Implementing Partner and shall not be deemed to
be employees of the EESL, and nothing contained in the Contract or in any subcontract
awarded by the Implementing Partner shall be construed to create any contractual
relationship between any such employees, representatives or Sub Contractor or Sub
Implementing Partners and the EESL.
3.10 Joint Venture or Consortium
If the Implementing Partner is a joint venture or consortium of two or more firms, all
such firms shall be jointly and severally bound to the EESL for the fulfilment of the
provisions of the Contract and shall designate one of such firms to act as a leader with
authority to bind the joint venture or consortium. The composition or the constitution
of the joint venture or consortium shall not be altered without the prior consent of the
EESL.
3.11 Non-Waiver
3.11.1Subject to GCC Sub-Clause 3.11.2 below, no relaxation, forbearance, delay or

indulgence by either party in enforcing any of the terms and conditions of the Contract
or the granting of time by either party to the other shall prejudice, affect or restrict the
rights of that party under the Contract, nor shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or continuing breach of
Contract.
3.11.2Any waiver of a party’s rights, powers or remedies under the Contract must be in
writing, must be dated and signed by an authorized representative of the party granting
such waiver, and must specify the right and the extent to which it is being waived.
3.12 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the
validity or enforceability of any other provisions and conditions of the Contract.
3.13 Country of Origin

“Origin” means the place where the materials, equipment and other supplies for the
Facilities are mined, grown, produced or manufactured, and from which the services
are provided.
4. Notices
4.1Unless otherwise stated in the Contract, all notices to be given under the Contract
shall be in writing, and shall be sent by personal delivery, airmail post, special courier,
cable, telegraph, telex, facsimile or Electronic Data Interchange (EDI) to the address of
the relevant party set out in the Contract Coordination Procedure to be finalised
pursuant to GCC Sub-Clause 17.2.3.1, with the following provisions.
Page | 6
4.1.1Any notice sent by cable, telegraph, facsimile or shall be confirmed within two (2)
days after despatch by notice sent by airmail/ post or special courier, except as otherwise
specified in the Contract.
4.1.2Any notice sent by airmail post or special courier shall be deemed (in the absence of
evidence of earlier receipt) to have been delivered ten (10) days after despatch. In
proving the fact of despatch, it shall be sufficient to show that the envelope containing
such notice was properly addressed, stamped and conveyedto the postal authorities or
courier service for transmission by airmail or special courier.
4.1.3Any notice delivered personally or sent by telegraph, facsimile shall be deemed to

have been delivered on date of its despatch.
4.1.4Either party may change its postal, cable, telex, facsimile or EDI address or addressee
for receipt of such notices by ten (10) days’ notice to the other party in writing.
4.2Notices shall be deemed to include any approvals, consents, instruction orders and
certificates to be given under the Contract.
5. Governing Law
5.1The Contract shall be governed by and interpreted in accordance with laws in force in
India. The Courts of Delhi shall have exclusive jurisdiction in all matters arising under the
Contract.
6. Settlement of Disputes
6.1 Adjudicator
6.1.1 If any dispute of any kind whatsoever shall arise between the EESL and the
Implementing Partner in connection with or arising out of the Contract, including without
prejudice to the generality of the foregoing, any question regarding its existence, validity
or termination, or the execution of the Facilities—whether during the progress of the
Facilities or after their completion and whether before or after the termination,
abandonment or breach of the Contract—the parties shall seek to resolve any such
dispute or difference by mutual consultation. If the parties fail to resolve such a dispute
or difference by mutual consultation, then the dispute shall be referred in writing by
either party to the Adjudicator, with a copy to the other party.
6.1.2 The Adjudicator shall give its decision in writing to both parties within twenty-eight
(28) days of a dispute being referred to it. If the Adjudicator has done so, and no notice of
intention to commence arbitration has been given by either the EESL or the Implementing
Partner within fifty-six (56) days of such reference, the decision shall become final and
binding upon the EESL and the Implementing Partner. Any decision that has become final
and binding shall be implemented by the parties forthwith.
6.1.3 Should the Adjudicator resign or die, or should the EESL and the Implementing
Partner agree that the Adjudicator is not fulfilling its functions in accordance with the
provisions of the Contract; another retired Judge of High Court/Supreme Court of India shall
be jointly appointed by the EESL and the Implementing Partner as adjudicator under the
Contract. Failing agreement between the two within twenty eight (28) days, the new retired
judge of High Court/Supreme Court of India shall be appointed as the Adjudicator under
the Contract at the request of either party by the Appointing Authority specified in the SCC.
Page | 7
The adjudicator shall be paid fee plus reasonable expenditures incurred in the execution of
its duties as adjudicator under the contract. This cost shall be divided equally between the
EESL and the Implementing Partner.
6.2 Arbitration
6.2.1 If either the EESL or the Implementing Partner is dissatisfied with the Adjudicator’s
decision, or if the Adjudicator fails to give a decision within twenty-eight (28) days of a
dispute being referred to it, then either the EESL or the Implementing Partner may, within
fifty-six (56) days of such reference, give notice to the other party, with a copy for
information to the Adjudicator, of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect of this matter may be
commenced unless such notice is given.
6.2.2 Any dispute in respect of which a notice of intention to commence arbitration has
been given, in accordance with GCC Sub-Clause 6.2.1, shall be finally settled by arbitration.
Arbitration may be commenced prior to or after completion of the Facilities.
In case the Contractor is a Public Sector Enterprise or a Government Department
6.2.3 In case the Contractor is a Public Sector Enterprise or a Government Department, the
dispute shall be shall be referred for resolution in Permanent Machinery for
Arbitration(PMA) of the Department of Public Enterprise, Government of India. Such
dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator
in the Department of Public Enterprises to be nominated by the Secretary to the
Government of India in-charge of the Department of Public Enterprises. The award of the
Arbitrator shall be binding upon the parties to the dispute, provided, however, any party
aggrieved by such award may make a further reference for setting aside or revision of the
award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice,
Government of India. Upon such reference the dispute shall be decided by the Law
Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law
Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the
dispute
will share equally the cost of arbitration as intimated by the Arbitrator.
In case the Contractor is not a Public Sector Enterprise or a Government Department
6.2.4 In all other cases, any dispute submitted by a party to arbitration shall be heard by an
arbitration panel composed of three arbitrators, in accordance with the provisions set
forth below.
6.2.5 The Employer and the Contractor shall each appoint one arbitrator, and these two
arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If
the two arbitrators do not succeed in appointing a third arbitrator within twenty-eight
(28) days after the latter of the two arbitrators has been appointed, the third arbitrator
shall, at the request of either party, be appointed by the Appointing Authority for
arbitrator designated in the SCC.
6.2.6 If one party fails to appoint its arbitrator within forty-two (42) days after the other
Page | 8
party has named its arbitrator, the party which has named an arbitrator may request the
Appointing Authority to appoint the second arbitrator.
6.2.7 If for any reason an arbitrator is unable to perform its function, the mandate of the
Arbitrator shall terminate in accordance with the provisions of applicable laws as
mentioned in GCC Clause 5(Governing Law) and a substitute shall be appointed in the
same manner as the original arbitrator.
6.2.8 Arbitration proceedings shall be conducted in accordance with The Arbitration and
Conciliation Act, 1996 and its subsequent thereof. The venue of arbitration shall be New
Delhi.
6.2.9 The decision of a majority of the arbitrators (or of the third arbitrator chairing the
arbitration panel, if there is no such majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction as decree of the court. The parties
thereby waive any objections to or claims of immunity from such enforcement.
6.2.10 The arbitrator(s) shall give reasoned award.
Notwithstanding any reference to the Adjudicator or arbitration herein,
the parties shall continue to perform their respective obligations under the Contract unless
they otherwise agree
the Employer shall pay the Contractor any monies due to the Contractor.
B. Subject Matter of Contract
7. Scope of Facilities
7.1 Unless otherwise expressly limited in the Technical Specifications, the Implementing
Partner’s obligations cover the provision of all Plant and Equipment and the performance of all
Installation Services required for the design, the manufacture (including procurement, quality
assurance, construction, installation, associated civil works, Precommissioning and delivery) of
the Plant and Equipment and the installation, completion, commissioning and performance
testing of the Facilities in accordance with the plans, procedures, specifications, drawings,
codes and any other documents as specified in the Technical Specifications. Such specifications
include, but are not limited to, the provision of supervision and engineering services; the
supply of labour, materials, equipment, spare parts (as specified in GCC Sub-Clause 7.3 below)
and accessories; Implementing Partner’s Equipment; construction utilities and supplies;
temporary materials, structures and facilities; transportation (including, without limitation,
unloading and hauling to, from and at the Site); and storage, except for those supplies, works
and services that will be provided or performed by the EESL, as set forth in Appendix 6 (Scope
of Works and Supply by the EESL) to the Contract Agreement.
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7.2 The Contractor or Implementing Partner shall, unless specifically excluded in the Contract,
perform all such work and/or supply all such items and materials not specifically mentioned
in the Contract but that can be reasonably inferred from the Contract as being required for
attaining Completion of the Facilities as if such work and/or items and materials were
expressly mentioned in the Contract.
7.3 In addition to the supply of Mandatory Spare Parts if asked and warranty spares included
in the Contract, the Implementing Partner agrees to supply spare parts required for the
operation and maintenance of the Facilities. However, the identity, specifications and
quantities of such spare parts and the terms and conditions relating to the supply thereof are
to be agreed between the EESL and the Implementing Partner, and the price of such if asked
spare parts shall be that given in Price Schedule which shall be added to the Contract Price.
The price of such spare parts shall include the purchase price there for and other costs and
expenses (including the Implementing Partner’s fees) relating to the supply of spare parts. The
prices of spares covered under the Price Schedule shall be kept valid for a period as specified
in SCC.
7.3.1 The Contractor / Implementing Partner agrees that the spare parts recommended by
him for 3 years operation and quoted in price Schedule shall be supplied by him at the same
terms and conditions as are otherwise applicable to this Contract. Further, the Implementing
Partner also agrees to supply spare parts required for the operation and maintenance of the
Facilities as per provision of subsequent paragraphs of this Sub-Clause.
7.3.1.1 All the spares for the equipment under the Contract will strictly conform to the
Specification and other relevant documents and will be identical to the corresponding main
equipment/components supplied under the Contract and shall be fully interchangeable.
7.3.1.2 All the mandatory spares covered under the Contract shall be produced along with the
main equipment as a continuous operation and the delivery of the spares will be effected along
with the main equipment in a phased manner and the delivery would be completed by the
respective dates for the various categories of equipment as per the agreed network. In case of
recommended spares the above will be applicable provided the orders for the recommended
spares have been placed with the Implementing Partner prior to commencement of
manufacture of the main equipment.
7.3.1.3 The Implementing Partner will provide the EESL with the manufacturing drawings,
catalogues, assembly drawings and any other document required by the EESL so as to enable
the EESL to identify the recommended spares. Such details will be furnished to the EESL as
soon as they are prepared but in any case not later than six months prior to commencement of
manufacture of the corresponding main equipment.
7.3.1.4 To enable the EESL to finalise the requirement of recommended spares which are
ordered subsequent to placement of order for main equipment/plant, in addition to necessary
technical details, catalogue and such other information brought-out herein above, the
Implementing Partner will also provide a justification in support of reasonableness of the
quoted prices of spares which will, inter-alia, include documentary evidence that the prices
quoted by the Implementing Partner to the EESL are not higher than those charged by him
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from other customers in the same period.
7.3.1.5 In addition to the spares recommended by the Implementing Partner, if the EESL
further identifies certain items of spares, the Implementing Partner will submit the prices and
delivery quotation for such spares within thirty (30) days of receipt of such request with a
validity period of six (6) months for consideration by the EESL and placement of order for
additional spares if the EESL so desires.
7.3.1.6 The quality plan and the inspection requirement finalised for the main equipment will
also be applicable to the corresponding spares.
7.3.1.7 The Contractor or Implementing Partner will provide the EESL with all the addresses
and particulars of his sub-suppliers while placing the order on vendors for
items/components/equipment covered under the Contract and will further ensure with his
vendors that the EESL, if so desires, will have the right to place order for spares directly on
them on mutually agreed terms based on offers of such vendors.
7.3.1.8 The Contractor or Implementing Partner shall guarantee the long term availability of
spares to the EESL for the full life of the equipment covered under the Con-tract. The
Implementing Partner shall guarantee that before going out of production of spare parts of the
equipment covered under the Contract, he shall give the EESL atleast 2 years advance notice so
that the latter may order his bulk requirement of spares, if it so desires. The same provision
will also be applicable to Sub-Implementing Partners. Further, in case of discontinuance of
manufacture of any spares by the Contractor and/or his Sub- Contractor or Implementing
Partner, Implementing Partner will provide the EESL, two years in advance, with full
manufacturing drawings, material specification and technical information including
information on alternative equivalent makes required by the EESL for the purpose of
manufacture/procurement of such items.
7.3.1.9 The prices of all future requirements of item of spares beyond 3 years operational
requirement will be derived from the corresponding ex-works price at which the order for
such spares have been placed by EESL as a part of mandatory spares or recommended spares,
or from the rates of mandatory spares or recommended spares as quoted by/ negotiated with
the Implementing Partner. Ex-works order price of future spares shall be computed in
accordance with the price adjustment provisions covered under the main Contract excepting
that the base indices will be counted from the scheduled date of Commissioning of the last
equipment under the main project and there will be no ceiling on the amount of variation in
the prices. The above option for procuring future recommended spares by the EESL shall
remain valid for the period of 5 years from the date of Commissioning of the equipment.
7.3.1.10 The Implementing Partner will indicate in advance the delivery period of the items of
spares, which the EESL may procure in accordance with above sub-clause. In case of
emergency requirements of spares, the Con-tractor would make every effort to expedite the
manufacture and delivery of such spares on the basis of mutually agreed time schedule.
7.3.1.11 In case the Implementing Partner fails to supply the mandatory, recommended or
long term spares in the terms stipulated above, the EESL shall be entitled to purchase the same
from the alternate sources at the risk and the cost of the Implementing Partner and recover
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from the Implementing Partner, the excess amount paid by the EESL over the rates worked on
the above basis. In the event of such risk purchase by the EESL, the purchases will be as per
the Works and Procurement Policy of the EESL prevalent at the time of such purchases and the
EESL at his option may include a representative from the Implementing Partner in finalising
the purchases.
7.3.1.11 It is expressly understood that the final settlement between the par-ties in terms of
relevant clauses of the Contract Documents shall not relieve the Implementing Partner of any
of his obligations under the provision of long term availability of spares and such provisions
shall continue to be enforced till the expiry of 5 years period reckoned from the scheduled date
of Commissioning of the Plant and Equipment unless other-wise discharged expressly in
writing by the EESL. Further, the provisions pertaining to long term availability of spares shall
be ex-tended beyond 5 years applicability period mentioned hereinabove if so desired by the
EESL and at the mutually acceptable escalation formula.
7.3.1.13 The Implementing Partner shall warrant that all spares supplied will be new and in
accordance with the Contract Documents and will be free from de-fects in design, material and
workmanship and shall further guarantee as under:
(i) For 3 years operational spares (both mandatory and recommended)
a) For any item of spares ordered or to be ordered by the EESL for 3 years
operational requirement of the plant which are manufactured as a continuous
operation together with the corresponding main equipment/component, the
Defect Liability Period will be twelve (12) months from the scheduled date of
commercial operation of main equipment/ plant under the Contract. 'Commercial
Operation' shall mean the conditions of operation in which the complete
equipment covered under the Contract is officially declared by the EESL to be
available for continuous operation at different loads upto and including rated
capacity. Such declaration by the EESL, however, shall not relieve or prejudice the
Implementing Partner any of his obligations under the Contract. In case of any
failure in the original component/equipments due to faulty designs, materials and
workmanship, the corresponding spare parts, if any, supplied will be replaced
without any extra cost to the EESL unless a joint examination and analysis by the
EESL and the Implementing Partner of such spare parts prove that the defect found
in the original part that failed, can safely be assumed not to be present in spare
parts. Such replaced spare parts will have the same Defect Liability as applicable to
the replacement made for the defective original part/component provided that
such replacement for the original equipment and the spare replaced are again
manufactured together. The discarded spare parts will become the property of the
Implementing Partner as soon as they have been replaced by the Implementing
Partner.
b) For the item of spares ordered or to be ordered by the EESL for 3 years operational
requirement of the plant, which with the written approval of the EESL, are not
manufactured as a continuous operation will be warranted for 7000 hrs of trouble
free operation if used within a period of eighteen (18) months reckoned from the
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date of delivery at site. However, if such spare parts are put to use after eighteen
(18) months of the delivery at Site then the guarantee of such spares will stand
valid till the expiry of thirty six (36) months from the scheduled date of
Commissioning of equipment/plant covered under the contract or 7000 hrs of
trouble free operation after such spares are put in service, whichever is earlier.
c) For long term requirement
For item of spares that may be ordered by the EESL to cover requirements beyond 3
years of Initial Operation of the plant, the warranty will be till the expiry of 7000 hrs of
trouble free operation if used within a period of eighteen (18) months from the date of
delivery at site. For item of spares that may be used after eighteen (18) months from
the date of delivery at site, the warranty period will be 12 months from the date they
are put to use or 7000 hrs of trouble free operation, whichever is earlier. In any case
the defect liability of spares will expire at the end of forty eight (48) months from the
date of their receipt at site.
(ii) The Defect Liability of spares covered in para (b) & (c) above, that are not used
within 18 months from the respective date of the delivery at Site will, however,
be subject to condition that all such spares being stored/maintained/preserved
in accordance with Implementing Partner's standard recommended practice, if
any, and the same has been furnished to the EESL.
8. Time for Commencement and Completion
8.1 The Implementing Partner shall commence work on the Facilities from the date of Notification
of Award and without prejudice to GCC Sub-Clause 26.2 hereof, the Implementing Partner shall
thereafter proceed with the Facilities in accordance with the time schedule specified in Appendix 4
(Time Schedule) to the Contract Agreement or / and as mentioned in special conditions of
contract.
8.2 The Implementing Partner shall attain Completion of the Facilities (or of a part where a separate
time for Completion of such part is specified in the Contract) within the time stated in the SCC or
within such extended time to which the Implementing Partner shall be entitled under GCC Clause
40 (Extension of Time for Completion) hereof.
9. Contractor orImplementing Partner’s Responsibilities
9.1 The Contractor or Implementing Partner shall design, manufacture (including associated
purchases and/or subcontracting), install and complete the Facilities with due care and diligence
in accordance with the Contract.
9.2 The Contractor or Implementing Partner confirms that it has entered into this Contract on the
basis of a proper examination of the data relating to the Facilities (including any data as to boring
tests) provided by the EESL, and on the basis of information that the Contractor or Implementing
Partner could have obtained from a visual inspection of the Site (if access thereto was available)
and of other data readily available to it relating to the Facilities as at the date twenty-eight (28)
days prior to bid submission. The Implementing Partner acknowledges that any failure to
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acquaint itself with all such data and information shall not relieve its responsibility for properly
estimating the difficulty or cost of successfully performing the Facilities.
9.3 The Implementing Partner shall acquire in its name all permits, approvals and/or licenses
from all local, state or national government authorities or public service undertakings in the
country where the Site is located that are necessary for the performance of the Contract, including,
without limitation, visas for the Contractor or Implementing Partner’s and Sub Contractor or
Implementing Partner’s personnel and entry permits for all imported Implementing Partner’s
Equipment. The Implementing Partner shall acquire all other permits, approvals and/or licenses
that are not the responsibility of the EESL under GCC Sub-Clause 10.3 hereof and that are
necessary for the performance of the Contract.
9.4 The Implementing Partner shall comply with all laws in force in the country where the
Facilities are installed and where the Installation Services are carried out. The laws will include all
national, provincial, municipal or other laws that affect the performance of the Contract and bind
upon the Implementing Partner. The Implementing Partner shall indemnify and hold harmless the
EESL from and against any and all liabilities, damages, claims, fines, penalties and expenses of
whatever nature arising or resulting from the violation of such laws by the Contractor or
Implementing Partner or its personnel, including the Contractor or Sub Implementing Partners and
their personnel, but without prejudice to GCC Sub Clause 10.1 hereof.
9.5 Any Plant, Material and Services that will be incorporated in or be required for the Facilities
and other supplies shall have their origin as specified under GCC Clause 3.13 (Country of Origin).
10. EESL’s Responsibilities
10.1 The EESL shall ensure the accuracy of all information and/or data to be supplied by the EESL as
described in Appendix 6 (Scope of Works and Supply by the EESL) to the Contract, except when
otherwise expressly stated in the Contract.
10.2 The EESL shall be responsible for acquiring and providing legal and physical possession of the
Site and access thereto, and for providing possession of and access to all other areas reasonably
required for the proper execution of the Contract, including all requisite rights of way, as specified
in Appendix 6 (Scope of Works and Supply by the EESL) to the Contract Agreement. The EESL
shall give full possession of and accord all rights of access thereto on or before the date(s)
specified in Appendix 6.
10.3 The EESL shall acquire and pay for all permits, approvals and/or licenses from all local, state or
national government authorities or public service undertakings in the country where the Site is
located which such authorities or undertakings require the EESL to obtain them in the EESL’s
name, are necessary for the execution of the Contract (they include those required for the
performance by both the Implementing Partner and the EESL of their respective obligations under
the Contract), including those specified in Appendix 6 (Scope of Works and Supply by the EESL) to
the Contract Agreement.
10.4 If requested by the Implementing Partner, the EESL shall use its best endeavours to assist the
Implementing Partner in obtaining in a timely and expeditious manner all permits, approvals and/or
licenses necessary for the execution of the Contract from all local, state or national government
authorities or public service undertakings that such authorities or undertakings require the
Contractor or Implementing Partner or Sub Contractor or Implementing Partners or the personnel
of the Contractor or Implementing Partner or Sub Contractor or Implementing Partners, as the
case may be, to obtain.
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10.5 Unless otherwise specified in the Contract or agreed upon by the EESL and the Implementing
Partner, the EESL shall provide sufficient, properly qualified operating and maintenance
personnel; shall supply and make available all raw materials, utilities, lubricants, chemicals,
catalysts other materials and facilities ; and shall perform all work and services of whatsoever
nature, to enable the Implementing Partner to properly carry out Precommissioning,
Commissioning and Guarantee Tests, all in accordance with the provisions of Appendix 6 (Scope
of Works and Supply by the EESL) to the Contract Agreement at or before the time specified in the
program furnished by the Contractor or Implementing Partner under GCC Sub- Clause 18.2
(Program of Performance) hereof and in the manner there-upon specified or as otherwise agreed
upon by the EESL and the Contractor or Implementing Partner.
10.6 The EESL shall be responsible for the continued operation of the Facilities after Completion, in
accordance with GCC Sub-Clause 24.8, and shall be responsible for facilitating the Guarantee Test(s)
for the Facilities, in accordance with GCC Sub-Clause 25.2.
10.7 All costs and expenses involved in the performance of the obligations under this GCC Clause
10 shall be the responsibility of the EESL save those to be incurred by the Implementing Partner
with respect to the performance of Guarantee Tests, in accordance with GCC Sub-Clause 25.2.
C. Payment
11. Contract Price
11.1 The Contract Price shall be as specified in Article 2 (Contract Price and Terms of Payment) of
the Form of Contract Agreement.
11.2 The Contract Price shall be adjusted in accordance with provisions of Appendix-2 (Price
Adjustment) to the Contract Agreement, if applicable. It will be mentioned in SCC.
11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 (Unforeseen Conditions) hereof, the
Implementing Partner shall be deemed to have satisfied itself as to the hereof, correctness and
sufficiency of the Contract Price, which shall, expect as otherwise provided for in the Contract,
cover all its obligations under the Contract.
12. Terms of Payment
12.1 The Contract price shall be paid as specified in Appendix 1 (Terms and Procedures of
Payment) to the Contract Agreement. The procedures to be followed in making application for and
processing payments shall be those outlined in the same Appendix 1.
12.2 No payment made by the EESL herein shall be deemed to constitute acceptance by the EESL
of the Facilities or any part(s) thereof.
12.3 The currency or currencies in which payments are made to the Implementing Partner under
this Contract shall be specified in Appendix 1 (Terms and Procedures of Payment) to the Contract
Agreement, subject to the general principle that payments will be made in the currency or
currencies in which the Contract Price has been stated in the Contract.
13. Securities
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13.1 Issuance of Securities
The Implementing Partner shall provide the securities specified below in favour of the EESL at the
times, and in the amount, manner and form specified below.
13.2 Advance Payment Security
13.2.1 The Implementing Partner shall, within twenty-eight (28) days of the notification of
contract award, provide a security in an amount equal to the advance payment calculated in
accordance with Appendix 1 (Terms and Procedures of Payment) to the Contract Agreement, and
in the currency or currencies of the contract, with a initial validity of up to ninety (90) days
beyond the schedule date of Completion of the Facilities in accordance with GCC Clause24.
However, in case of delay in completion of facilities under the package, the validity of the security
shall be extended by the period of such delay.
13.2.2 The security shall be in the form of an unconditional bank guarantee as per the proforma
provided in Section VII (Forms and Procedures)- Form of Advance Payment Security. The
Advance payment Security shall be reduced prorata every three (3) months after First Running
Account Bill/Stage Payment under the Contract based on the value of equipment/facilities
received. The cumulative amount of reduction at any point of time shall not exceed seventy five
percent (75%) of the advance corresponding to cumulative value of the respective equipment
Facilities supplied and received as per a certificate issued by the Project Manager and the balance
of 25% released after ninety (90) days beyond the Completion of those Facilities. It should be
clearly understood that reduction in the value of security for advance shall not in any way dilute
the Implementing Partner's responsibility and liabilities under the Contract including in respect of
the Facilities for which the reduction in the value of security is allowed.
13.3 Contract Performance Security
13.3.1 The Implementing Partner shall, within twenty-eight (28) days of the Notification of Award,
provide securities for the due performance of the Contract for ten percent (10%) of the Contract Price
of all the Contracts, with a initial validity upto ninety (90) days beyond the end of scheduled Defect
Liability Period of the last equipment covered under the package. If the EESL accepts to enters into
'Second Contract' and/or 'Third Contract' with the Assignee of a foreign Implementing Partner,
pursuant to GCC Sub-Clause 3.6, the said Assignee, in addition to the Contract Performance
Securities to be provided by the foreign Implementing Partner for ten percent (10%) of the value
of all the Contracts i.e. First Contract, Second Contract and Third Contract, shall provide within
twenty eight (28) days of the Notification of Award, separate Contract Performance Security(ies)
equivalent to ten percent (10%) of the value of Contract(s) entered into with the Assignee, for the
due performance of Contract, with a intial validity up to ninety (90) days beyond the end of
Scheduled Defect Liability period of the last equipment covered under the package. However, in
case of delay in completion of the defect liability period, the validity of all the contract
performance securities shall be extended by the period of such delay.
13.3.2 The performance security shall be denominated in the currency or currencies of the Contract,
or in a freely convertible currency acceptable to the EESL, and shall be in the form of unconditional
bank guarantee provided in Section-VII (Forms and Procedures)-Form of Performance Security of
the bidding documents.
13.3.3 Unless otherwise stipulated in SCC, the security shall be reduced pro rata to the Contract
Price of a part of the Facilities for which a separate time for Completion is provided, twenty one (21)
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months after Completion of the Facilities or where relevant part thereof, or fifteen (15) months after
Operational Acceptance of the Facilities (or the relevant part thereof), whichever occurs first;
provided, however, that if the Defects Liability Period has been extended on any part of the Facilities
pursuant to GCC Sub-Clause 27.8 hereof, the Implementing Partner shall issue an additional
security in an amount proportionate to the Contract Price of that part. The security shall be returned
to the Implementing Partner immediately after its expiration, provided, however, that if the
Implementing Partner, pursuant to GCC Sub-Clause 27.10, is liable for an extended warranty
obligation, the performance security shall be extended for the period and up to the amount agreed
upon or as specified in the SCC.
14. Taxes and Duties
14.1 Except as otherwise specifically provided in the Contract, the Implementing Partner shall bear
and pay all taxes, duties, levies and charges assessed on the Implementing Partner, its Sub
Implementing Partners or their employees by all municipal, state or national government
authorities in connection with the Facilities in and outside of the country where the Site is located.
14.2 Notwithstanding GCC Sub-Clauses 14.1 above, the EESL shall bear and promptly reimburse all
customs and import duties, if imposed in future, on the Plant and Equipment including Type Test
and mandatory spares supplied from abroad and specified in Price Schedule (and on spare parts to
be supplied from abroad and specified in Schedule, when awarded) and that are to be
incorporated into the Facilities, by the law of the country where the Site is located. However, if the
plant and equipment are shipped in Shipper’s containers, then the custom duty levied on the cost
of empty containers shall be borne and paid/reimbursed by the Implementing Partner. The EESL
shall also bear and pay/reimburse to the Implementing Partner/Assignee of Foreign
Implementing Partner (if applicable) Sales Tax (but not the surcharge in lieu of Sales Tax), Local
Tax including Entry Tax / Octroi (if applicable) in respect of direct transactions between the EESL
and the Implementing Partner, if imposed on the Plant and Equipment including Type Test and
Mandatory Spares manufactured within the EESL’s country and specified in Price (and also on
locally supplied spares quoted when awarded) to be incorporated in the Facilities, by the law of
country where the site is located. For this purpose, the Ex-works price if quoted in foreign
currency and so incorporated in the contract, shall be converted to Indian Rupees as per the TT
buying exchange rates established by State Bank of India prevailing on the actual date of Ex-works
(India) despatch.
All taxes, duties and levies on works contract, if any, shall be to the Implementing Partner’s
account and no separate claim in this regard will be entertained by the EESL.
14.3 If any tax exemptions, reductions, allowances or privileges is available to the Implementing
Partner in the country where the Site is located, the EESL shall use its best endeavours to enable
the Implementing Partner to benefit from any such tax savings to the maximum allowable extent.
14.4 For the purpose of the Contract, it is agreed that the Contract Price specified in Article 2
(Contract Price and Terms of Payment) of the Contract Agreement is based on the taxes, duties,
levies and charges prevailing at the date seven (7) days prior to the last date of bid submission in
the country where the Site is located (hereinafter called “Tax” in this GCC Sub-Clause 14.4). If any
rates of Tax are increased or de-creased, a new Tax is introduced, an existing Tax is abolished, or
any change in interpretation or application of any Tax occurs in the course of the performance of
Contract, which was or will be assessed on the Implementing Partner in connection with
performance of the Contract, an equitable adjustment of the Contract Price shall be made to fully
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take into account any such change by addition to the Contract Price or deduction there-from, as
the case may be, in accordance with GCC Clause 36 (Change in Laws and Regulations) hereof.
However, these adjustments would be restricted to direct transactions between the EESL and the
Contractor/assignee of Foreign Implementing Partner (if applicable). These adjustments shall not
be applicable on procurement of raw materials, intermediary components etc. by the
Implementing Partner/assignee and also not applicable on the bought out items despatched
directly from sub-vendor’s works to site.
D. Intellectual Property
15. Copyright
15.1The copyright in all drawings, documents and other materials containing data and information
furnished to the EESL by the Implementing Partner herein shall remain vested in the Implementing
Partner or, if they are furnished to the EESL directly or through the Implementing Partner by any
third party, including suppliers of materials, the copyright in such materials shall remain vested in
such third party. The EESL shall however be free to reproduce all drawings, documents and other
material furnished to the EESL for
the purpose of the contract including, if required, for operation and maintenance of the facilities.
16. Confidential Information
16.1 The EESL and the Implementing Partner shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party any documents, data or other
information furnished directly or indirectly by the other party hereto in connection with the
Contract, whether such information has been furnished prior to, during or following termination of
the Contract. Notwithstanding the above, the Contractor or Implementing Partner may furnish to
its Sub Contractor or Implementing Partner(s) such documents, data and other information it
receives from the EESL to the extent required for the Sub Contractor or Implementing Partner(s)
to perform its work under the Contract, in which event the Implementing Partner shall obtain
from such Sub Contractor or Implementing Partner(s) an undertaking of confidentiality similar to
that imposed on the Implementing Partner under this GCC Clause16.
16.2 The EESL shall not use such documents, data and other information received from the
Implementing Partner for any purpose other than the operation and maintenance of the Facilities.
Similarly, the Implementing Partner shall not use such documents, data and other information
received from the EESL for any purpose other than the design, procurement of Plant and
Equipment, construction or such other work and services as are required for the performance of the
Contract.
16.3 The obligation of a party under GCC Sub-Clauses 16.1 and 16.2 above, however, shall not
apply to that information which
(a) now or hereafter enters the public domain through no fault of that party.
(b) can be proven to have been possessed by that party at the time of disclosure and which was not
previously obtained, directly or indirectly, from the other party hereto
(c) Otherwise lawfully becomes available to that party from a third party that has no obligation
of confidentiality.
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16.4 The above provisions of this GCC Clause 16 shall not in any way modify any undertaking of
confidentiality given by either of the parties hereto prior to the date of the Contract in
respect of the Facilities or any part thereof.
16.5 The provisions of this GCC Clause 16 shall survive termination, for what-ever reason, of the
Contract.
E. Work Execution
17. Representatives
17.1 Project Manager
If the Project Manager is not named in the Contract, then within fourteen (14) days of the Effective
Date, the EESL shall appoint and notify the Implementing Partner in writing of the name of the
Project Manager. The EESL may from time to time appoint some other person as the Project
Manager in place of the person previously so appointed, and shall give a notice of the name of such
other person to the Implementing Partner without delay. The EESL shall take reasonable care to
see that no such appointment is made at such a time or in such a manner as to impede the
progress of work on the Facilities. The Project Manager shall represent and act for the EESL at all
times during the currency of the Contract. All notices, instructions, orders, certificates, approvals
and all other communications under the Contract shall be given by the Project Manager, except as
herein otherwise provided.
All notices, instructions, information and other communications given by the Implementing
Partner to the EESL under the Contract shall be given to the Project Manager, except as herein
otherwise provided.
17.2 Contractor’s representative & Construction Manager
17.2.1 If the Implementing Partner’s Representative is not named in the Contract, then within
fourteen (14) days of the Effective Date, the Implementing Partner shall appoint the Implementing
Partner’s Representative and shall request the EESL in writing to approve the person so
appointed. If the EESL makes no objection to the appointment within fourteen (14) days, the
Implementing Partner’s Representative shall be deemed to have been approved. If the EESL
objects to the appointment within fourteen (14) days giving the reason therefor, then the
Implementing Partner shall appoint a replacement within fourteen (14) days of such objection,
and the foregoing provisions of this GCC Sub-Clause 17.2.1 shall apply thereto.
17.2.2 The Implementing Partner’s Representative shall represent and act for the Implementing
Partner at all times during the currency of the Contract and shall give to the Project Manager all
the Implementing Partner’s notices, instructions, information and all other communications under
the Contract.
All notices, instructions, information and all other communications given by the EESL or the
Project Manager to the Implementing Partner under the Contract shall be given to the
Implementing Partner’s Representative or, in its absence, its deputy, except as herein otherwise
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provided.
The Implementing Partner shall not revoke the appointment of the Implementing Partner’s
Representative without the EESL’s prior written con-sent, which shall not be unreasonably
withheld. If the EESL consents thereto, the Implementing Partner shall appoint some other per-
son as the Implementing Partner’s Representative, pursuant to the procedure set out in GCC Sub-
Clause 17.2.1
17.2.3 The Implementing Partner’s Representative may, subject to the approval of the EESL
(which shall not be unreasonably withheld), at any time delegate to any person any of the powers,
functions and authorities vested in him or her. Any such delegation may be revoked at any time.
Any such delegation or revocation shall be subject to a prior notice signed by the Implementing
Partner’s Representa-tive, and shall specify the powers, functions and authorities thereby
delegated or revoked. No such delegation or revocation shall take effect unless and until a copy
thereof has been delivered to the EESL and the Project Manager.
Any act or exercise by any person of powers, functions and authorities so delegated to him or her
in accordance with this GCC Sub-Clause 17.2.3 shall be deemed to be an act or exercise by the
Implementing Partner’s Representative.
17.2.3.1 Notwithstanding anything stated in GCC Sub-clause 17.1 and 17.2.1 above, for the purpose
of execution of contract, the EESL and the Implementing Partner shall finalise and agree to a
Contract Co-ordination Procedure and all the communication under the Contract shall be in
accordance with such Contract Co-ordination Procedure.
17.2.4 From the commencement of installation of the Facilities at the Site until Operational
Acceptance, the Implementing Partner’s Representative shall appoint a suitable person as the
construction manager (hereinafter referred to as “the Construction Manager”). The Construction
Manager shall supervise all work done at the Site by the Implementing Partner and shall be
present at the Site throughout normal working hours except when on leave, sick or absent for
reasons connected with the proper performance of the Contract. When-ever the Construction
Manager is absent from the Site, a suitable person shall be appointed to act as his or her deputy.
17.2.5 The EESL may by notice to the Implementing Partner object to any representative or person
employed by the Implementing Partner in the ex-ecution of the Contract who, in the reasonable
opinion of the EESL, may behave inappropriately, may be incompetent or negligent, or may
commit a serious breach of the Site regulations provided under GCC Sub-Clause 22.3. The EESL
shall provide evidence of the same, whereupon the Implementing Partner shall remove such
person from the Facilities.
17.2.6 If any representative or person employed by the Implementing Partner is removed in

accordance with GCC Sub-Clause 17.2.5, the Con-tractor shall, where required, promptly appoint a
replacement.
18. Work Program
18.1 Contractor or Implementing Partner’s Organization

The Implementing Partner shall supply to the EESL and the Project Manager a chart showing the
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proposed organization to be established by the Implementing Partner for carrying out work on
the Facilities. The chart shall include the identities of the key personnel together with the curricula
vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date. The
Implementing Partner shall promptly inform the EESL and the Project Manager in writing of any
revision or alteration of such an organization chart.
18.2 Program of Performance

Within twenty-eight (28) days after the date of notification of award of Contract, the
Implementing Partner shall prepare and submit to the Project Manager a detailed program of
performance of the Contract, made in the form of PERT Network and showing the sequence in
which it proposes to design, manufacture, transport, assemble, install and pre-commission the
Facilities, as well as the date by which the Implementing Partner reasonably requires that the EESL
shall have fulfilled its obligations under the Contract so as to enable the Implementing Partner to
execute the Contract in accordance with the program and to achieve Completion and Acceptance of
the Facilities in accordance with the Contract. The program so submitted by the Implementing
Partner shall accord with the Time Schedule included in Appendix 4 (Time Schedule) to the
Contract Agreement and any other dates and periods specified in the Contract. The Implementing
Partner shall update and revise the program as and when appropriate or when required by the
Project Manager, but without modification in the Times for Completion given in the SCC and any
extension granted in accordance with GCC Clause 40, and shall submit all such revisions to the
Project Manager.
18.3 Progress Report

The Contractor or Implementing Partner shall monitor progress of all the activities specified in the
program referred to in GCC Sub-Clause 18.2 (Program of Performance) above, and supply a progress
report to the Project Manager every month.
The progress report shall be in a form acceptable to the Project Manager and shall also indicate: (a)
percentage completion achieved compared with the planned percentage completion for each
activity; and (b) where any activity is behind the program, giving comments and likely
consequences and stating the corrective action being taken.
18.4 Progress of Performance

If at any time the Implementing Partner’s actual progress falls behind the program referred to in
GCC Sub-Clause 18.2 (Program of Performance), or it becomes apparent that it will so fall behind,
the Implementing Partner shall, at the request of the EESL or the Project Manager, prepare and
submit to the Project Manager a revised program, taking into account the prevailing
circumstances, and shall notify the Project Manager of the steps being taken to expedite progress
so as to attain Completion of the Facilities within the Time for Completion under GCC Sub-Clause
8.2 (Time for Commencement and Completion), any extension thereof entitled under GCC Sub-
Clause 40.1 (Extension of Time for Completion), or any ex-tended period as may otherwise be
agreed upon between the EESL and the Implementing Partner.
18.5 Work Procedures

The Contract shall be executed in accordance with the Contract Documents and the procedures
given in the section on Forms and Procedures of the Contract Documents.
If agreed between the EESL and the Implementing Partner, the Implementing Partner may execute
the Contract in accordance with its own standard project execution plans and procedures to the
extent that they do not conflict with the provisions contained in the Contract.
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18.6 Maintenance of Records of Weekly Progress Review meeting at Site
The Contractor shall be required to attend all weekly site progress review meetings organised by
the 'Project Manager' or his authorised representative. The deliberations in the meetings shall
interalia include the weekly program, progress of work (including details of manpower, tools &
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. The minutes of the weekly meetings shall be recorded in triplicate in a numbered
register available with the Project Manager or his authorised representative. These representative
and the Contractor and one copy of the signed records shall be handed over to the Contractor.
19. Subcontracting
19.1 Appendix 5 (List of Approved Sub Implementing Partners) to the Contract Agreement
specifies major items of supply or services and a list of approved Sub-Implementing Partners
against each item, including vendors. Insofar as no Sub Implementing Partners are listed against any
such item, the Implementing Partner shall prepare a list of Sub Implementing Partners for such
item for inclusion in such list. The Implementing Partner may from time to time propose any addition
to or deletion from any such list. The Implementing Partner shall submit any such list or any
modification thereto to the EESL for its approval in sufficient time so as not to impede the progress
of work on the Facilities. Such approval by the EESL for any of the Sub Implementing Partners shall
not relieve the Implementing Partner from any of its obligations, duties or responsibilities under the
Contract.
19.2 The Implementing Partner shall select and employ its Sub Implementing Partners for such
major items from those listed in the lists referred to in GCC Sub-Clause 19.1.
19.3 For items or parts of the Facilities not specified in Appendix 5 (List of Approved Sub
Implementing Partners) to the Contract Agreement, the Implementing Partner may employ such
Sub Implementing Partners as it may select, at its discretion.
20. Design and Engineering
20.1 Specifications and Drawings
20.1.1 The Implementing Partner shall execute the basic and detailed design and the engineering
work in compliance with the provisions of the Contract, or where not so specified, in accordance
with good engineering practice.
The Implementing Partner shall be responsible for any discrepancies, errors or omissions in the
specifications, drawings and other technical documents that it has prepared, whether such
specifications, drawings and other documents have been approved by the Project Manager or not,
provided that such discrepancies, errors or omissions are not because of inaccurate information
furnished in writing to the Implementing Partner by or on behalf of the EESL.
20.1.2 The Implementing Partner shall be entitled to disclaim responsibility for any design, data,
drawing, specification or other document, or any modification thereof provided or designated by
or on behalf of the EESL, by giving a notice of such disclaimer to the Project Manager.
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20.2 Codes and Standards
Wherever references are made in the Contract to codes and standards in accordance with which
the Contract shall be executed, the edition or the revised version of such codes and standards
current at the date twenty-eight (28) days prior to date of bid submission shall apply unless
otherwise specified. During Contract execution, any changes in such codes and standards shall be
applied after approval by the EESL and shall be treated in accordance with GCC Clause 39
(Changes Originating from Implementing Partner).
20.3 Approval/Review of Technical Documents by Project Manager, where ever applicable
20.3.1 The Implementing Partner shall prepare (or cause its Sub Implementing Partners to
prepare) and furnish to the Project Manager the documents listed in Appendix 7 (List of
Documents for Approval or Review) to the Contract Agreement for its approval or review as
specified and as in accordance with the requirements of GCC Sub-Clause 18.2(Program of
Performance).
Any part of the Facilities covered by or related to the documents to be approved by the Project
Manager shall be executed only after the Project Manager’s approval thereof.
GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those documents requiring the Project
Manager’s approval, but not to those furnished to the Project Manager for its review only.
20.3.2 Within twenty one (21) days after receipt by the Project Manager of any document requiring
the Project Manager’s approval in accordance with GCC Sub-Clause 20.3.1, the Project Manager
shall either return one copy thereof to the Implementing Partner with its approval endorsed
thereon or shall notify the Implementing Partner in writing of its disapproval thereof and the
reasons therefor and the modifications that the Project Manager proposes.
20.3.3 The Project Manager shall not disapprove any document, except on the grounds that the
document does not comply with some specified provision of the Contract or that it is contrary to
good engineering practice.
20.3.4 If the Project Manager disapproves the document, the Implementing Partner shall modify
the document and resubmit it for the Project Manager’s approval in accordance with GCC Sub-
Clause 20.3.2. If the Project Manager approves the document subject to modification(s), the
Implementing Partner shall make the required modification(s), and upon resubmission with the
required modifications the document shall be deemed to have been approved.
The procedure for submission of the documents by the Implementing Partner and their approval
by the Project Manager shall be discussed and finalised with the Implementing Partner.
20.3.5 If any dispute or difference occurs between the EESL and the Implementing Partner in
connection with or arising out of the disapproval by the Project Manager of any document and/or
any modification(s) thereto that cannot be settled between the parties within a reasonable period,
then such dispute or difference may be referred to an Adjudicator for determination in accordance
with GCC Sub-Clause 6.1 (Adjudicator) hereof. If such dispute or difference is referred to an
Adjudicator, the Project Manager shall give instructions as to whether and if so, how, performance
of the Contract is to proceed. The Implementing Partner shall proceed with the Contract in
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accordance with the Project Manager’s instructions, provided that if the Adjudicator upholds the
Implementing Partner’s view on the dispute and if the EESL has not given notice under GCC Sub-
Clause 6.1.2 hereof, then the Implementing Partner shall be reimbursed by the EESL for any
additional costs incurred by reason of such instructions and shall be relieved of such
responsibility or liability in connection with the dispute and the execution of the instructions as
the Adjudicator shall decide, and the Time for Completion shall be extended accordingly.
20.3.6 The Project Manager’s approval, with or without modification of the document furnished by
the Implementing Partner, shall not relieve the Implementing Partner of any responsibility or
liability imposed upon it by any provisions of the Contract except to the extent that any
subsequent failure results from modifications required by the Project Manager.
20.3.7 The Implementing Partner shall not depart from any approved document unless the
Implementing Partner has first submitted to the Project Manager an amended document and
obtained the Project Manager’s approval thereof, pursuant to the provisions of this GCC Sub-
Clause 20.3.
If the Project Manager requests any change in any already approved document and/or in any
document based thereon, the provisions of GCC Clause 39 (Change in the Facilities) shall apply to
such request.
21. Procurement
21.1 Plant and Equipment

Subject to GCC Sub-Clause 14.2, the Implementing Partner shall manufacture or procure and
transport all the Plant and Equipment in an expeditious and orderly manner to the Site.
21.2 EESL-Supplied Plant, Equipment, and Materials

If Appendix 6 (Scope of Works and Supply by the EESL) to the Contract Agreement provides that the
EESL shall furnish any specific items of machinery, equipment or materials to the Implementing
Partner, the following provisions shall apply:
21.2.1 The EESL shall, at its own risk and expense, transport each item to the place on or near the
Site as agreed upon by the parties and make such item available to the Implementing Partner at the
time specified in the program furnished by the Implementing Partner, pursuant to GCC Sub-Clause
18.2 (Program of Performance),unless otherwise mutually agreed.
21.2.2 Upon receipt of such item, the Implementing Partner shall inspect the same visually and
notify the Project Manager of any detected shortage, defect or default. The EESL shall immediately
remedy any shortage, defect or default, or the Implementing Partner shall, if practicable and
possible, at the request of the EESL, remedy such shortage, defect or default at the EESL’s cost and
expense. After inspection, such item shall fall under the care, custody and control of the
Implementing Partner. The provision of this GCC Sub-Clause21.2.2 shall apply to any item
supplied to remedy any such shortage or default or to substitute for any defective item, or shall
apply to defective items that have been repaired.
21.2.3 The foregoing responsibilities of the Implementing Partner and its obligations of care,
custody and control shall not relieve the EESL of liability for any undetected shortage, defect or
default, nor place the Implementing Partner under any liability for any such shortage, defect or
default whether under GCC Clause 27 (Defect Liability) or under any other provision of Contract.
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21.3 Transportation
21.3.1 The Implementing Partner shall at its own risk and expense transport all the Plant and
Equipment and the Implementing Partner’s Equipment to the Site by the mode of transport that
the Implementing Partner judges most suitable under all the circumstances.
Packing Material
The Contractor shall ensure that all the plant and equipment are suitably packed and protected to
prevent damage or deterioration during its transportation to site, handling and storage at site till
the time of its installation. The ownership of all such packing material (except empty shipper's
containers on which the customs duty has been paid by the Contractor) shall stand transferred to
the Employer upon dispatch of the plant and equipment and endorsement of dispatch documents
in favour of the Employer.
21.3.2 Unless otherwise provided in the Contract, the Implementing Partner shall be entitled to
select any safe mode of transport operated by any person to carry the Plant and Equipment and
the Implementing Partner’s Equipment.
21.3.3 Upon despatch of each shipment of the Plant and Equipment and the Implementing Partner’s
Equipment, the Implementing Partner shall notify the EESL by telex, cable, facsimile or Electronic
Data Interchange (EDI) of the description of the Plant and Equipment and of the Implementing
Partner’s Equipment, the point and means of dispatch, and the estimated time and point of arrival
in the country where the Site is located, if applicable, and at the Site. The Implementing Partner shall
furnish the EESL with relevant shipping documents to be agreed upon between the parties.
21.3.4 The Implementing Partner shall be responsible for obtaining, if necessary, approvals from
the authorities for transportation of the Plant and Equipment and the Implementing Partner’s
Equipment to the Site. The EESL shall use its best endeavors in a timely and expeditious manner to
assist the Implementing Partner in obtaining such approvals, if requested by the Implementing
Partner. The Implementing Partner shall indemnify and hold harmless the EESL from and against
any claim for damage to roads, bridges or any other traffic facilities that may be caused by the
transport of the Plant and Equipment and the Implementing Partner’s Equipment to the Site.
21.4 Customs Clearance

The Implementing Partner shall, at its own expense, handle all imported Plant and Equipment and
Implementing Partner’s Equipment at the point(s) of import and shall handle any formalities for
customs clearance, subject to the EESL’s obligations under GCC Sub-Clause 14.2, provided that if
applicable laws or regulations require any application or act to be made by or in the name of the
EESL, the EESL shall take all necessary steps to comply with such laws or regulations. In the event
of delays in customs clearance due to fault of the EESL, the Implementing Partner shall be entitled
to an extension in the Time for Completion, pursuant to GCC Clause 40.
22. Installation
22.1 Setting Out/Supervision/Labour
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22.1.1 Bench Mark: The Implementing Partner shall be responsible for the true and proper
setting-out of the Facilities in relation to bench marks, reference marks and lines provided to it in
writing by or on behalf of the EESL.
If, at any time during the progress of installation of the Facilities, any error shall appear in the
position, level or alignment of the Facilities, the Implementing Partner shall forthwith notify the
Project Manager of such error and, at its own expense, immediately rectify such error to the
reasonable satisfaction of the Project Manager. If such error is based on incorrect data provided in
writing by or on behalf of the EESL, the expense of rectifying the same shall be borne by the EESL.
22.1.2 Implementing Partner’s Supervision: The Implementing Partner shall give or provide all
necessary superintendence during the installation of the Facilities, and the Construction Manager
or its deputy shall be constantly on the Site to provide full-time superintendence of the
installation. The Implementing Partner shall provide and employ only technical personnel who are
skilled and experienced in their respective callings and supervisory staff who are competent to
adequately supervise the work at hand.
22.1.3 Labour:
(a) The Implementing Partner shall provide and employ on the Site in the installation of the
Facilities such skilled, semi-skilled and unskilled labor as is necessary for the proper and
timely execution of the Contract. The Implementing Partner is encouraged to use local
labor that has the necessary skills.
(b) Unless otherwise provided in the Contract, the Implementing Partner shall be responsible
for the recruitment, transportation, accommodation and catering of all labor, local or
expatriate, required for the execution of the Contract and for all payments in connection
therewith.
(c) The Implementing Partner shall be responsible for obtaining all necessary permit(s)
and/or visa(s) from the appropriate authorities for the entry of all labor and personnel to
be employed on the Site into the country where the Site is located.
(d) The Implementing Partner shall at its own expense provide the means of repatriation to all
of its and its Sub Implementing Partner’s personnel employed on the Contract at the Site to
their various home countries. It shall also provide suitable temporary maintenance of all
such persons from the cessation of their employment on the Contract to the date
programmed for their departure. In the event that the Implementing Partner defaults in
providing such means of transportation and temporary maintenance, the EESL may
provide the same to such personnel and recover the cost of doing so from the
Implementing Partner.
(e) The Implementing Partner shall at all times during the progress of the Contract use its best
endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or
amongst its employees and the labor of its Sub Implementing Partners.
(f) The Implementing Partner shall, in all dealings with its labor and the labor of its Sub
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Implementing Partners currently employed on or connected with the Contract, pay due
regard to all recognized festivals, official holidays, religious or other customs and all local
laws and regulations pertaining to the employment of labor.
22.2 Contractor,sImplementing Partner’s Equipment
22.2.1 All Contractors or Implementing Partners’ Equipment brought by the Implementing

Partner onto the Site shall be deemed to be intended to be used exclusively for the execution of the
Contract. The Implementing Partner shall not remove the same from the Site without the Project
Manager’s consent that such Implementing Partner’s Equipment is no longer required for the
execution of the Contract.
22.2.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the
Implementing Partner shall remove from the Site all Equipment brought by the Implementing
Partner onto the Site and any surplus materials remaining thereon.
22.2.3 The EESL will, if requested, use its best endeavours to assist the Implementing Partner in
obtaining any local, state or national government permission required by the Implementing
Partner for the export of the Implementing Partner’s Equipment imported by the Implementing
Partner for use in the execution of the Contract that is no longer required for the execution of the
Contract.
22.3 Site Regulations and Safety
The EESL and the Implementing Partner shall establish Site regulations setting out the rules to be
observed in the execution of the Contract at the Site and shall comply therewith. The
Implementing Partner shall prepare and submit to the EESL, with a copy to the Project Manager,
proposed Site regulations for the EESL’s approval, which approval shall not be unreasonably
withheld.
Such Site regulations shall include, but shall not be limited to, rules in respect of security, safety of
the Facilities, gate control, sanitation, medical care, and fire prevention.
22.4 Opportunities for Other Implementing Partners
22.4.1 The Implementing Partner shall, upon written request from the EESL or the Project
Manager, give all reasonable opportunities for carrying out the work to any other Implementing
Partners employed by the EESL on or near the Site.
22.4.2 If the Implementing Partner, upon written request from the EESL or the Project Manager,
makes available to other Implementing Partners any roads or ways the maintenance for which the
Implementing Partner is responsible, permits the use by such other Implementing Partners of the
Implementing Partner’s Equipment, or provides any other service of whatsoever nature for such
other Implementing Partners, the EESL shall fully compensate the Implementing Partner for any
loss or damage caused or occasioned by such other Implementing Partners in respect of any such
use or service, and shall pay to the Implementing Partner reasonable remuneration for the use of
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such equipment or the provision of such services.
22.4.3 The Implementing Partner shall also so arrange to perform its work as to minimize, to the
extent possible, interference with the work of other Implementing Partners. The Project Manager
shall determine the resolution of any difference or conflict that may arise between the
Implementing Partner and other Implementing Partners and the workers of the EESL in regard to
their work.
22.4.4 The Implementing Partner shall notify the Project Manager promptly of any defects in the
other Implementing Partners’ work that come to its notice, and that could affect the Implementing
Partner’s work. The Project Manager shall determine the corrective measures, if any, required to
rectify the situation after inspection of the Facilities. Decisions made by the Project Manager shall
be binding on the Implementing Partner.
22.5 Emergency Work

If, by reason of an emergency arising in connection with and during the execution of the Contract,
any protective or remedial work is necessary as a matter of urgency to prevent damage to the
Facilities, the Implementing Partner shall immediately carry out such work.
If the Implementing Partner is unable or unwilling to do such work immediately, the EESL may do
or cause such work to be done as the EESL may determine is necessary in order to prevent damage
to the Facilities. In such event the EESL shall, as soon as practicable after the occurrence of any
such emergency, notify the Implementing Partner in writing of such emergency, the work done
and the reasons therefor. If the work done or caused to be done by the EESL is work that the
Implementing Partner was liable to do at its own expense under the Contract, the reasonable costs
incurred by the EESL in connection therewith shall be paid by the Implementing Partner to the
EESL. Otherwise, the cost of such remedial work shall be borne by the EESL.
22.6 Site Clearance
22.6.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the
Implementing Partner shall keep the Site reasonably free from all unnecessary obstruction, store
or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the
Site, and remove any Implementing Partner’s Equipment no longer required for execution of the
Contract.
22.6.2 Clearance of Site after Completion: After Completion of all parts of the Facilities, the
Implementing Partner shall clear away and remove all wreckage, rubbish and debris of any kind
from the Site, and shall leave the Site and Facilities clean and safe.
Disposal of Scrap
The Contractor shall with the agreement of the Employer promptly remove from the site any
'Scrap' generated during performance of any activities at site in pursuance of the Contract. The
term 'Scrap' shall refer to scrap / waste / remnants arising out of the fabrication of structural steel
work and piping work at the project site in the course of execution of the contract and shall also
include any wastage of cables during the termination process while installing the cables.
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The ownership of such Scrap shall vest with the Contractor except in cases where the items have
been issued by the Employer from its stores for their installation only without any adjustment to
the Contract Price. The removal of scrap shall be subject to the Contractor producing the necessary
clearance from the relevant authorities (Custom, Excise etc.), if required by the law, in respect of
disposal of the scrap. The liability for the payment of the applicable taxes/duties shall be that of
the Contractor. Harmful scrap shall be disposed as per environmental statuary or other guidelines
at contractor or implementing partner own cost.
The Contractor shall also indemnify to keep the Employer harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal/disposal of scrap. The Indemnity Bond shall be furnished by Contractor as per proforma
enclosed in Section-VII (Forms and Procedure) as Form No. 14. Further, in case the laws require
the Employer to take prior permission of the relevant Authorities before handing over the scrap to
the Contractor, the same shall be obtained by the Contractor on behalf of the Employer.
However scrap generated in say replacement of pumps (i.e. old pumps as scrap) or any other scrap
which is owned by EESL as per contract agreement, the same shall be disposed by EESL and EESL
will get the payment. Contractor or Implementing Partner will co-ordinate with EESL and the
agency picking up the scrap, for scrap disposal.
22.7 Watching and Lighting

The Implementing Partner shall provide and maintain at its own expense all lighting, fencing, and
watching when and where necessary for the proper execution and the protection of the Facilities,
or for the safety of the owners and occupiers of adjacent property and for the safety of the public.
22.8 Work at Night and on Holidays

22.8.1 Unless otherwise provided in the Contract, no work shall be carried out during the night and
on public holidays of the country where the Site is located without prior written consent of the EESL,
except where work is necessary or required to ensure safety of the Facilities or for the protection
of life, or to prevent loss or damage to property, when the Implementing Partner shall immediately
advise the Project Manager, provided that provisions of this GCC Sub-Clause 22.8.1 shall not apply
to any work which is customarily carried out by rotary or double-shifts.
22.8.2 Notwithstanding GCC Sub-Clauses 22.8.1 or 22.1.3, if and when the Implementing Partner
considers it necessary to carry out work at night or on public holidays so as to meet the Time for
Completion and requests the EESL’s consent thereto, the EESL shall not unreasonably withhold
such consent.
23. Test and Inspection
23.1 The Implementing Partner shall at its own expense carry out at the place of manufacture
and/or on the Site all such tests and/or inspections of the Plant and Equipment and any part of the
Facilities as are specified in the Contract.
23.2 The EESL and the Project Manager or their designated representatives shall be entitled to attend
the aforesaid test and/or inspection, provided that the EESL shall bear all costs and expenses
incurred in connection with such attendance including, but not limited to, all traveling and board
and lodging expenses.
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23.3 Whenever the Implementing Partner is ready to carry out any such test and/or inspection,
the Implementing Partner shall give a reasonable advance notice of such test and/or inspection
and of the place and time thereof to the Project Manager. The Implementing Partner shall obtain
from any relevant third party or manufacturer any necessary permission or consent to enable the
EESL and the Project Manager (or their designated representatives)to attend the test and/or
inspection
23.4 The Implementing Partner shall provide the Project Manager with a certified report of the
results of any such test and/or inspection.
If the EESL or Project Manager (or their designated representatives)fails to attend the test and/or
inspection, or if it is agreed between the parties that such persons shall not do so, then the
Implementing Partner may proceed with the test and/or inspection in the absence of such
persons, and may provide the Project Manager with a certified report of the results thereof.
23.5 The Project Manager may require the Implementing Partner to carry out any test and/or
inspection not required by the Contract, provided that the Implementing Partner’s reasonable
costs and expenses incurred in the carrying out of such test and/or inspection shall be added to
the Contract Price. Further, if such test and/or inspection impedes the progress of work on the
Facilities and/or the Implementing Partner’s performance of its other obligations under the
Contract, due allowance will be made in respect of the Time for Completion and the other
obligations so affected.
23.6 If any Plant and Equipment or any part of the Facilities fails to pass any test and/or
inspection, the Implementing Partner shall either rectify or replace such Plant and Equipment or
part of the Facilities and shall repeat the test and/or inspection upon giving a notice under GCC
Sub-Clause 23.3.
23.7 If any dispute or difference of opinion shall arise between the parties in connection with or
arising out of the test and/or inspection of the Plant and Equipment or part of the Facilities that
cannot be settled between the parties within a reasonable period of time, it may be referred to the
Adjudicator for determination in accordance with GCC Sub-Clause 6.1 (Adjudicator).
23.8 The Implementing Partner shall afford the EESL and the Project Manager, at the EESL’s
expense, access at any reasonable time to any place where the Plant and Equipment are being
manufactured or the Facilities are being installed, in order to inspect the progress and the manner
of manufacture or installation, provided that the Project Manager shall give the Implementing
Partner a reasonable prior notice.
23.9 The Implementing Partner agrees that neither the execution of a test and/or inspection of
Plant and Equipment or any part of the Facilities, nor the attendance by the EESL or the Project
Manager, nor the issue of any test certificate pursuant to GCC Sub-Clause 23.4, shall release the
Implementing Partner from any other responsibilities under the Contract.
23.10 No part of the Facilities or foundations shall be covered up on the Site without the
Implementing Partner carrying out any test and/or inspection required under the Contract. The
Implementing Partner shall give a reasonable notice to the Project Manager whenever any such
part of the Facilities or foundations are ready or about to be ready for test and/or inspection; such
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test and/ or inspection and notice thereof shall be subject to the requirements of the Contract.
23.11 The Implementing Partner shall uncover any part of the Facilities or foundations, or shall
make openings in or through the same as the Project Manager may from time to time require at
the Site, and shall reinstate and make good such part or parts.
If any part of the Facilities or foundations have been covered up at the Site after compliance with
the requirement of GCC Sub-Clause 23.10 and are found to be executed in accordance with the
Contract, the expenses of uncovering, making openings in or through, reinstating, and making
good the same shall be borne by the EESL, and the Time for Completion shall be reasonably
adjusted to the extent that the Implementing Partner has thereby been delayed or impeded in the
performance of any of its obligations under the Contract.
24. Completion of the Facilities
24.1 As soon as the Facilities or any part thereof has, in the opinion of the Implementing Partner,
been completed operationally and structurally and put in a tight and clean condition as specified in
the Technical Specifications, excluding minor items not materially affecting the operation or safety
o the Facilities, the Implementing Partner shall so notify the EESL in writing.
24.2 Within seven (7) days after receipt of the notice from the Implementing Partner under GCC Sub-
Clause 24.1, the EESL shall supply the operating and maintenance personnel specified in
Appendix 6 (Scope of Works and Supply by the EESL) to the Contract Agreement, required for Pre
commissioning of the Facilities or any part thereof.
Unless otherwise specified in the Technical Specifications, the EESL shall also provide, within the
said seven (7) day period, the raw materials, utilities, lubricants, chemicals, catalysts, facilities,
services and other matters required for Pre commissioning of the Facilities or any part thereof.
24.3 As soon as reasonably practicable after the operating and maintenance personnel have been
supplied by the EESL and the raw materials, utilities, lubricants, chemicals, catalysts, facilities,
services and other matters, if so specified in Appendix 6 (Scope of Works and Supply by the
EESL)/ Technical Specifications, have been provided by the EESL in accordance with GCC Sub-Clause
24.2, the Implementing Partner shall commence Pre commissioning of the Facilities or the relevant
part thereof in preparation for Commissioning.
24.4 As soon as all works in respect of Pre commissioning are completed and, in the opinion of
the Implementing Partner, the Facilities or any part thereof is ready for Commissioning, the
Implementing Partner shall commence Commissioning as per procedures stipulated in Technical
Specifications, and as soon as Commissioning is satisfactorily completed, the Implementing Partner
shall so notify the Project Manager in writing.
24.5 The Project Manager shall, within fourteen (14) days after receipt of the Implementing
Partner’s notice under GCC Sub-Clause 24.4, either issue a Completion Certificate in the form specified
in the Forms and Procedures section in the bidding documents, stating that the Facilities or that part
thereof have reached Completion as at the date of the Implementing Partner’s notice under GCC
Sub-Clause 24.4, or notify the Implementing Partner in writing of any defects and/or deficiencies.
If the Project Manager notifies the Implementing Partner of any defects and/or deficiencies, the
Implementing Partner shall then correct such defects and/or deficiencies, and shall repeat the
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procedure described in GCC Sub Clause 24.4.
If the Project Manager is satisfied that the Facilities or that part thereof have reached Completion,
the Project Manager shall, within seven (7) days after receipt of the Implementing Partner’s
repeated notice, issue a Completion Certificate stating that the Facilities or that part thereof have
reached Completion as at the date of the Implementing Partner’s repeated notice.
If the Project Manager is not so satisfied, then it shall notify the Implementing Partner in writing of
any defects and/or deficiencies within seven (7) days after receipt of the Implementing Partner’s
repeated notice, and the above procedure shall be repeated.
24.6 If the Project Manager fails to issue the Completion Certificate and fails to inform the
Implementing Partner of any defects and/or deficiencies within fourteen (14) days after receipt of
the Implementing Partner’s notice under GCC Sub-Clause 24.4 or within seven (7) days after
receipt of the Implementing Partner’s repeated notice under GCC Sub-Clause 24.5, or if the EESL
makes use of the Facilities or part thereof, then the Facilities or that part thereof shall be deemed
to have reached Completion as of the date of the Implementing Partner’s notice or repeated notice,
or as of the EESL’s use of the Facilities, as the case may be.
24.7 As soon as possible after Completion, the Implementing Partner shall complete all
outstanding minor items so that the Facilities are fully in accordance with the requirements of the
Contract, failing which the EESL will undertake such completion and deduct the costs thereof from
any monies owing to the Implementing Partner.
24.8 Upon Completion, the EESL shall be responsible for the care and custody of the Facilities or
the relevant part thereof, together with the risk of loss or damage thereto, and shall thereafter
take over the Facilities or the relevant part thereof.
25. Commissioning, Guarantee Test and Operational Acceptance
25.1 Commissioning
25.1.1 Commissioning of the Facilities or any part thereof shall be completed by the Implementing
Partner as per procedures detailed in the Technical Specifications.
The EESL shall, unless otherwise specified in Appendix 6 (Scope of Works and Supply by the
EESL)/ Technical Specifications, supply the operating and maintenance personnel and all raw
materials, utilities, lubricants, chemicals, catalysts ,facilities, services and other matters required for
Commissioning of the Facilities.
25.2 Guarantee Test (where ever applicable)
25.2.1 The Guarantee Test (and repeats thereof) shall be conducted by the Implementing Partner after
Commissioning of the Facilities or the relevant part thereof to ascertain whether the Facilities or the
relevant part can attain the Functional Guarantees specified in the Contract Documents. The
Implementing Partner’s and Project Manager’s advisory personnel shall attend the Guarantee Test.
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The EESL shall promptly provide the Implementing Partner with such information as the
Implementing Partner may reasonably require in relation to the conduct and results of the
Guarantee Test (and any repeats thereof).
25.2.2 If for reasons not attributable to the Implementing Partner, the Guarantee Test of the
Facilities or the relevant part thereof cannot be successfully completed within the period from the
date of Completion specified in the SCC or any other period agreed upon by the EESL and the
Implementing Partner, the Implementing Partner shall be deemed to have fulfilled its obligations
with respect to the Functional Guarantees, and GCC Sub-Clauses 28.2 and 28.3 shall not apply.
25.3 Operational Acceptance
25.3.1 Subject to GCC Sub-Clause 25.4 (Partial Acceptance) below, Operational Acceptance shall
occur in respect of the Facilities or any part thereof when
(a) the Guarantee Test has been successfully completed and the Functional Guarantees are
met; or
(b) the Guarantee Test has not been successfully completed or has not been carried out for
reasons not attributable to the Implementing Partner within the period from the date of
Completion specified in the SCC or any other agreed upon period as specified in GCC Sub-
Clause 25.2.2 above, but successful Completion of the Facilities has been achieved; or
(C) the Implementing Partner has paid the liquidated damages specified in GCC Sub-Clause
28.3 hereof; and
(d) any minor items mentioned in GCC Sub-Clause 24.7 hereof relevant to the Facilities or that
part thereof have been completed.
25.3.2 At any time after any of the events set out in GCC Sub-Clause 25.3.1 have occurred, the
Implementing Partner may give a notice to the Project Manager requesting the issue of an
Operational Acceptance Certificate in the form provided in the Bidding Documents or in another
form acceptable to the EESL in respect of the Facilities or the part thereof specified in such notice
as at the date of such notice.
25.3.3 The Project Manager shall, after consultation with the EESL, and within forty five (45) days
after receipt of the Implementing Partner’s notice, issue an Operational Acceptance Certificate.
25.3.4 If within forty five (45) days after receipt of the Implementing Partner’s notice, the Project
Manager fails to issue the Operational Acceptance Certificate or fails to inform the Implementing
Partner in writing of the justifiable reasons why the Project Manager has not issued the
Operational Acceptance Certificate, the Facilities or the relevant part thereof shall be deemed to
have been accepted as at the date of the Implementing Partner’s said notice.
25.4 Partial Acceptance
25.4.1 If the Contract specifies that Completion and Commissioning shall be carried out in respect of
parts of the Facilities, the provisions relating to Completion and Commissioning including the
Guarantee Test shall apply to each such part of the Facilities individually, and the Operational
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Acceptance Certificate shall be issued accordingly for each such part of the Facilities.
25.4.2 If a part of the Facilities comprises facilities such as buildings, for which no Commissioning or
Guarantee Test is required, then the Project Manager shall issue the Operational Acceptance
Certificate for such facility when it attains Completion, provided that the Implementing Partner
shall thereafter complete any outstanding minor items that are listed in the Operational
Acceptance Certificate.
F. Guarantees and Liabilities
26. Completion Time Guarantee
26.1 The Implementing Partner guarantees that it shall attain Completion of the Facilities (or a part
for which a separate time for completion is specified in the SCC) within the Time for Completion
specified in the SCC pursuant to GCC Sub-Clause 8.2, or within such extended time to which the
Implementing Partner shall be entitled under GCC Clause 40 (Extension of Time for Completion)
hereof.
26.2 If the Implementing Partner fails to attain Completion of the Facilities or any part thereof
within the Time for Completion or any extension thereof under GCC Clause 40 (Extension of Time
for Completion), the Implementing Partner shall pay to the EESL liquidated damages in the amount
computed at the rates specified in the SCC. The aggregate amount of such liquidated damages
shall in no event exceed the amount specified as “Maximum” in the SCC. Once the “Maximum” is
reached, the EESL may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2.
Such payment shall completely satisfy the Implementing Partner’s obligation to attain Completion of
the Facilities or the relevant part thereof within the Time for Completion or any extension thereof
under GCC Clause 40(Extension of Time for Completion). The Implementing Partner shall have no
further liability whatsoever to the EESL in respect thereof.
However, the payment of liquidated damages shall not in any way relieve the Implementing Partner
from any of its obligations to complete the Facilities or from any other obligations and liabilities of
the Implementing Partner under the Contract.
Save for liquidated damages payable under this GCC Sub-Clause 26.2, the failure by the
Implementing Partner to attain any milestone or other act, matter or thing by any date specified in
Appendix 4 (Time Schedule) to the Contract Agreement and/or other program of work prepared
pursuant to GCC Clause 18 (Program of Performance) shall not render the Implementing Partner
liable for any loss or damage thereby suffered by the EESL.
27. Defect Liability
27.1 The Implementing Partner warrants that the Facilities or any part thereof shall be free from
defects in the design, engineering, materials and workmanship of the Plant and Equipment
supplied and of the work executed.
27.2 The Defect Liability Period shall be eighteen (18) months from the date of Completion of the
Facilities (or any part thereof) or twelve (12) months from the date of Operational Acceptance of
the Facilities (or any part thereof), whichever first occurs, unless specified otherwise in the SCC.
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If during the Defect Liability Period any defect should be found in the design, engineering,
materials and workmanship of the Plant and Equipment supplied or of the work executed by the
Implementing Partner, the Implementing Partner shall promptly, in consultation and agreement
with the EESL regarding appropriate remedying of the defects, and at its cost, repair, replace or
otherwise make good (as the Implementing Partner shall, at its discretion, determine) such defect
as well as any damage to the Facilities caused by such defect. The Implementing Partner shall not
be responsible for the repair, replacement or making good of any defect or of any damage to the
Facilities arising out of or resulting from any of the following causes:
(a) improper operation or maintenance of the Facilities by the EESL
(b) operation of the Facilities outside specifications provided in the Contract.
(c) Normal wear and tear.
27.3 The Implementing Partner’s obligations under this GCC Clause 27 shall not apply to
(a) any materials that are supplied by the EESL under GCC Sub- Clause 21.2 (EESL-Supplied
Plant, Equipment and Materials), are normally consumed in operation, or have a normal life
shorter than the Defect Liability Period stated herein.
(b) any designs, specifications or other data designed, supplied or specified by or on behalf of the
EESL or any matters for which the Implementing Partner has disclaimed responsibility
herein.
(c) any other materials supplied or any other work executed by or on behalf of the EESL, except
for the work executed by the EESL under GCC Sub-Clause 27.7.
27.4 The EESL shall give the Implementing Partner a notice stating the nature of any such defect
together with all available evidence thereof, promptly following the discovery thereof. The EESL
shall afford all reasonable opportunity for the Implementing Partner to inspect any such defect.
27.5 The EESL shall afford the Implementing Partner all necessary access to the Facilities and the
Site to enable the Implementing Partner to perform its obligations under this GCC Clause 27.
The Implementing Partner may, with the consent of the EESL, remove from the Site any Plant and
Equipment or any part of the Facilities that are defective if the nature of the defect, and/or any
damage to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried
out at the Site.
27.6 If the repair, replacement or making good is of such a character that it may affect the
efficiency of the Facilities or any part thereof, the EESL may give to the Implementing Partner a
notice requiring that tests of the defective part of the Facilities shall be made by the Implementing
Partner immediately upon completion of such remedial work, whereupon the Implementing
Partner shall carry out such tests.
If such part fails the tests, the Implementing Partner shall carry out further repair, replacement or
making good (as the case may be) until that part of the Facilities passes such tests. The tests in
character shall in any case be not less than what has already been agreed by the EESL and the
Implementing Partner for the original equipment/part of the Facilities.
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27.7 If the Implementing Partner fails to commence the work necessary to remedy such defect or
any damage to the Facilities caused by such defect within a reasonable time (which shall in no
event be considered to be less than fifteen (15) days), the EESL may, following notice to the
Implementing Partner, proceed to do such work, and the reasonable costs incurred by the EESL in
connection therewith shall be paid to the EESL by the Implementing Partner or may be deducted
by the EESL from any monies due to the Implementing Partner or claimed under the Performance
Security.
27.8 If the Facilities or any part thereof cannot be used by reason of such defect and/or making
good of such defect, the Defect Liability Period of the Facilities or such part, as the case may be,
shall be extended by a period equal to the period during which the Facilities or such part cannot
be used by the EESL because of any of the aforesaid reasons. Upon correction of the defects in the
Facilities or any part thereof by repair/ replacement, such repair/replacement shall have the
Defect Liability Period extended by a period of twelve (12) month from the time such
replacement/ repair of the Facilities or any part thereof.
27.9 Except as provided in GCC Clauses 27 and 33 (Loss of or Damage to Property / Accident or
Injury to Workers/Indemnification), the Implementing Partner shall be under no liability whatsoever
and howsoever arising, and whether under the Contract or at law, in respect of defects in the
Facilities or any part thereof, the Plant and Equipment, design or engineering or work executed
that appear after Completion of the Facilities or any part thereof, except where such defects are the
result of the gross negligence ,fraud, criminal or wilful action of the Implementing Partner.
27.10 In addition, the Implementing Partner shall also provide an extended warranty for any such
component of the Facilities and during the period of time as may be specified in the SCC. Such
obligation shall be in addition to the defect liability specified under GCC Sub-Clause 27.2.
28. Functional Guarantees
28.1 The Implementing Partner guarantees that during the Guarantee Test, the Facilities and all parts
thereof shall attain the Functional Guarantees specified in Appendix 8 (Functional Guarantees) to the
Contract Agreement, subject to and upon the conditions therein specified.
28.2 If, for reasons attributable to the Implementing Partner, the guaranteed level of the Functional
Guarantees specified in Appendix 8 (Functional Guarantees) to the Contract Agreement are not met
either in whole or in part, the Implementing Partner shall, within a mutually agreed time, at its
cost and expense make such changes, modifications and/or additions to the Plant or any part
thereof as may be necessary to meet such Guarantees. The Implementing Partner shall notify the
EESL upon completion of the necessary changes, modifications and/or additions, and shall seek
the EESL's consent to repeat the Guarantee Test. If the specified Functional Guarantees are not
established even during the repeat of the Guarantee Test, the EESL may at its option, either
(a) Reject the Equipment and recover the payments already made, or
(b) Terminate the Contract pursuant to GCC Sub-Clause 42.2.2 and recover the payments
already made, or
(c) Accept the equipment after levy of liquidated damages in accordance with the provisions
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specified in Appendix-8(Functional Guarantees) to the Contract Agreement.
28.3 In case the EESL exercises its option to accept the equipment after levy of liquidated damages,
the payment of liquidated damages under GCC Sub-Clause 28.2, up to the limitation of liability
specified in the Appendix-8 (Functional Guarantees) to the Contract Agreement, shall completely
satisfy the Implementing Partner’s guarantees under GCC Sub-Clause 28.2, and the Implementing
Partner shall have no further liability whatsoever to the EESL in respect thereof. Upon the
payment of such liquidated damages by the Implementing Partner, the Project Manager shall issue
the Operational Acceptance Certificate for the Facilities or any part thereof in respect of which the
liquidated damages have been so paid.
29. Patent Indemnity
29.1 The Implementing Partner shall, subject to the EESL’s compliance with GCC Sub-Clause 29.2,
indemnify and hold harmless the EESL and its employees and officers from and against any and all
suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and
expenses of whatsoever nature, including attorney’s fees and expenses, which the EESL may suffer
as a result of any infringement or alleged infringement of any patent, utility model, registered
design, trademark, copyright or other intellectual property right registered or otherwise existing at
the date of the Contract by reason of: (a) the installation of the Facilities by the Implementing
Partner or the use of the Facilities in the country where the Site is located; and (b) the sale of the
products produced by the Facilities in any country.
Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose
indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use
of the Facilities or any part thereof, or any products produced thereby in association or
combination with any other equipment, plant or material snot supplied by the Implementing
Partner, pursuant to the Contract Agreement.
29.2 If any proceedings are brought or any claim is made against the EESL arising out of the matters
referred to in GCC Sub-Clause 29.1, the EESL shall promptly give the Implementing Partner a
notice thereof, and the Implementing Partner may at its own expense and in the EESL’s name
conduct such proceedings or claim and any negotiations for the settlement of any such proceedings
or claim.
If the Implementing Partner fails to notify the EESL within twenty-eight (28) days after receipt of
such notice that it intends to conduct any such proceedings or claim, then the EESL shall be free to
conduct the same on its own behalf. Unless the Implementing Partner has so failed to notify the
EESL within the twenty-eight (28) day period, the EESL shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The EESL shall, at the Implementing Partner’s request, afford all available assistance to the
Implementing Partner in conducting such proceedings or claim, and shall be reimbursed by the
Implementing Partner for all reasonable expenses incurred in so doing.
29.3The EESL shall indemnify and hold harmless the Implementing Partner and its employees,
officers and Sub Implementing Partners from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including
attorney’s fees and expenses, which the Implementing Partner may suffer as a result of any
infringement or alleged infringement of any patent, utility model, registered design, trademark,
copyright or other intellectual property right registered or otherwise existing at the date of the
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Contract arising out of or in connection with any design, data, drawing, specification, or other
documents or materials provided or designed by or on behalf of the EESL.
30. Limitation of Liability
30.1 Except in cases of criminal negligence or wilful misconduct,
(a) the Implementing Partner shall not be liable to the EESL, 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, provided that this exclusion shall not apply to any obligation of the
Implementing Partner to pay liquidated damages to the EESL and
(b) the aggregate liability of the Implementing Partner to the EESL, 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 Implementing Partner to indemnify the EESL with
respect to patent infringement or as specified in SCC.
G. Risk Distribution
31. Transfer of Ownership
31.1Ownership of the Plant and Equipment (including spare parts) procured in the country where
the Site is located shall be transferred to the EESL when the Plant and Equipment are reached at
site.
31.2Ownership of the Implementing Partner’s Equipment used by the Implementing Partner and its
Sub Implementing Partners in connection with the Contract shall remain with the Implementing
Partner or its Sub Implementing Partners.
31.3Ownership of any Plant and Equipment in excess of the requirements for the Facilities shall
revert to the Implementing Partner upon Completion of the Facilities or at such earlier time when the
EESL and the Implementing Partner agree that the Plant and Equipment in question are no longer
required for the Facilities, provided quantity of any Plant and Equipment specifically stipulated in
the Contract shall be the property of the EESL whether or not incorporated in the Facilities.
31.4 Disposal of surplus material
Ownership of any Plant and Equipment in excess of the requirements for the Facilities (i.e. surplus
material) shall revert to the Contractor upon Completion of the Facilities and Guarantee Test or at
such earlier time when the Employer and the Contractor agree that the Plant and Equipment in
question are no longer required for the Facilities, provided quantity of any Plant and Equipment
specifically stipulated in the Contract shall be the property of the Employer whether or not
incorporated in the Facilities. The Contractor shall remove from the site such surplus material
brought by him in pursuance of the Contract, subject to the Contractor producing the necessary
clearance from the relevant authorities (Customs, Excise etc.), if required by law, in respect of re-
export or disposal of the surplus material locally. The liability for the payment of the applicable
taxes/ duties, if any, on the surplus material so re-exported and/or disposed locally shall be that of
the Contractor.
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The Contractor shall also indemnify to keep the Employer harmless from any act of omission or
negligence on the part of the Contractor in following the statutory requirements with regard to
removal / disposal of surplus material. The Indemnity Bond shall be furnished by contractor as
per proforma enclosed in Section-VII (Forms and Procedure) as Form No. 14. Further, in case the
laws require the Employer to take prior permission of the relevant Authorities before handing
over the surplus material to the Contractor, the same shall be obtained by the Contractor on behalf
of the Employer.
31.5 Notwithstanding the transfer of ownership of the Plant and Equipment, the responsibility for
care and custody thereof together with the risk, of loss or damage thereto shall remain with the
Implementing Partner pursuant to GCC Clause 32 (Care of Facilities) hereof until Completion of the
Facilities or the part thereof in which such Plant and Equipment are incorporated.
31.5 In case of two/three Contracts entered into between the EESL and the Implementing
Partner as per GCC Sub-Clause 3.6 or where the EESL hands over his equipment to the
Implementing Partner for executing the Contract, then the Implementing Partner shall at the
time of taking delivery of the Equipment through Bill of Lading or other despatch documents
furnish Trust Receipt for Plant, Equipment and Materials and also execute an Indemnity Bond
in favour of the EESL in the form acceptable to EESL for keeping the equipment in safe custody
and to utilise the same exclusively for the purpose of the said Contract. Proforma for the Trust
Receipt and Indemnity bond. The EESL shall also issue a separate Authorisation Letter to the
Implementing Partner to enable him to take physical delivery of plant, equipment and materials
from the EESL.
32 Care of Facilities
32.1 The Implementing Partner shall be responsible for the care and custody of the Facilities or any
part thereof until the date of Completion of the Facilities pursuant to GCC Clause 24 (Completion
of the Facilities) or, where the Contract provides for Completion of the Facilities in parts, until the
date of Completion of the relevant part, and shall make good at its own cost any loss or damage
that may occur to the Facilities or the relevant part thereof from any cause whatsoever during
such period. The Implementing Partner shall also be responsible for any loss or damage to the
Facilities caused by the Implementing Partner or its Sub Implementing Partners in the course of
any work carried out, pursuant to GCC Clause 27 (Defect Liability). Notwithstanding the foregoing,
the Implementing Partner shall not be liable for any loss or damage to the Facilities or that part
thereof caused by reason of any of the matters specified or referred to in paragraphs (a), (b) and (c) of
GCC Sub-Clauses 32.2 and 38.1.
32.2 If any loss or damage occurs to the Facilities or any part thereof or to the Implementing
Partner’s temporary facilities by reason of
(a) (insofar as they relate to the country where the Site is located) nuclear reaction, nuclear
radiation, radioactive contamination, pressure wave caused by aircraft or other aerial
objects, or any other occurrences that an experienced Implementing Partner could not
reasonably foresee, or if reasonably foreseeable could not reasonably make provision for
or insure against, insofar as such risks are not normally insurable on the insurance market
and are mentioned in the general exclusions of the policy of insurance, including War Risks
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and Political Risks, taken out under GCC Clause 34 (Insurance) hereof.
(b) any use or occupation by the EESL or any third party (other than a Sub Implementing
Partner) authorized by the EESL of any part of the Facilities.
(c) any use of or reliance upon any design, data or specification provided or designated by or
on behalf of the EESL, or any such matter for which the Implementing Partner has
disclaimed responsibility herein,
the EESL shall pay to the Implementing Partner all sums payable in respect of the Facilities
executed, notwithstanding that the same be lost, destroyed or damaged, and will pay to the
Implementing Partner the replacement value of all temporary facilities and all parts thereof lost,
destroyed or damaged. If the EESL requests the Implementing Partner in writing to make good any
loss or damage to the Facilities thereby occasioned, the Implementing Partner shall make good the
same at the cost of the EESL in accordance with GCC Clause 39 (Change in the Facilities). If the EESL
does not request the Implementing Partner in writing to make good any loss or damage to the
Facilities thereby occasioned, the EESL shall either request a change in accordance with GCC
Clause 39 (Change in the Facilities),excluding the performance of that part of the Facilities thereby
lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities,
the EESL shall terminate the Contract pursuant to GCC Sub-Clause 42.1 (Termination for EESL’s
Convenience) hereof, except that the Implementing Partner shall have no entitlement to profit under
paragraph (e) of GCC Sub-Clause 42.1.3 in respect of any unexecuted Facilities as at the date of
termination.
32.3 The Implementing Partner shall be liable for any loss of or damage to any Implementing Partner’s
Equipment, or any other property of the Implementing Partner used or intended to be used for
purposes of the Facilities, except (i) as mentioned in GCC Sub-Clause 32.2 (with respect to the
Implementing Partner’s temporary facilities), and (ii) where such loss or damage arises by reason
of any of the matters specified in GCC Sub-Clauses 32.2(b) and (c) and 38.1.
32.3 With respect to any loss or damage caused to the Facilities or any part thereof or to the
Implementing Partner’s Equipment by reason of any of the matters specified in GCC Sub-Clause
38.1, the provisions of GCC Sub-Clause38.3 shall apply.
33 Loss of or Damage to Property; Accident or Injury to workers; Indemnification
33.1 Subject to GCC Sub - Clause 33.3, the Implementing Partner shall indemnify and hold
harmless the EESL and its employees and officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever
nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of
or damage to any property (other than the Facilities whether accepted or not), arising in
connection with the supply and installation of the Facilities and by reason of the negligence of the
Implementing Partner or its Sub Implementing Partners, or their employees, officers or agents,
except any injury, death or property damage caused by the negligence of the EESL, its
Implementing Partners, employees, officers or agents.
33.2 If any proceedings are brought or any claim is made against the EESL that might subject the
Implementing Partner to liability under GCC Sub-Clause33.1, the EESL shall promptly give the
Implementing Partner a notice thereof and the Implementing Partner may at its own expense and
in the EESL’s name conduct such proceedings or claim and any negotiations for the settlement of
any such proceedings or claim.
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If the Implementing Partner fails to notify the EESL within twenty-eight (28) days after receipt of
such notice that it intends to conduct any such proceedings or claim, then the EESL shall be free to
conduct the same on its own behalf. Unless the Implementing Partner has so failed to notify the
EESL within the twenty-eight (28) day period, the EESL shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The EESL shall, at the Implementing Partner’s request, afford all available assistance to the
Implementing Partner in conducting such proceedings or claim, and shall be reimbursed by the
Implementing Partner for all reasonable expenses incurred in so doing.
33.3 The EESL shall indemnify and hold harmless the Implementing Partner and its employees,
officers and Sub Implementing Partners from any liability for loss of or damage to property of the
EESL, other than the Facilities not yet taken over, that is caused by fire, explosion or any other
perils, in excess of the amount recoverable from insurances procured under GCC Clause 34
(Insurances), provided that such fire, explosion or other perils were not caused by any act or
failure of the Implementing Partner.
33.4 The party entitled to the benefit of an indemnity under this GCC Clause33 shall take all
reasonable measures to mitigate any loss or damage which has occurred. If the party fails to take
such measures, the other party’s liabilities shall be correspondingly reduced.
34 Insurance
34.1 To the extent specified in Appendix 3 (Insurance Requirements) to the Contract Agreement,
the Implementing Partner shall at its expense take out and maintain in effect, or cause to be taken
out and maintained in effect, during the performance of the Contract, the insurances set forth
below inthe sums and with the deductibles and other conditions specified in the said Appendix.
The identity of the insurers and the form of the policies shall be subject to the approval of the
EESL, who should not
Unreasonably withhold such approval.
(a) Cargo Insurance During Transport

Covering loss or damage occurring while in transit from the Implementing Partner’s or Sub
Implementing Partner’s works or stores until arrival at the Site, to the Plant and Equipment
(including spare parts therefor)and to the Implementing Partner’s Equipment.
(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to Completion of the
Facilities, with an extended maintenance coverage for the Implementing Partner’s liability in
respect of any loss or damage occurring during the Defect Liability Period while the Implementing
Partner is on the Site for the purpose of performing its obligations during the Defect Liability
Period.
(c )Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the EESL’s personnel) and loss
of or damage to property occurring in connection with the supply and installation of the Facilities.
(d) Automobile Liability Insurance

Covering use of all vehicles used by the Implementing Partner or its Sub Implementing Partners
(whether or not owned by them) in connection with the execution of the Contract.
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(e) Workers’ Compensation
In accordance with the statutory requirements applicable in any country where the Contract or
any part thereof is executed.
(f) EESL’s Liability

In accordance with the statutory requirements applicable in any country where the Contract or
any part thereof is executed.
(g) Other Insurances

Such other insurances as may be specifically agreed upon by the parties hereto as listed in the said
Appendix 3.
34.2 The EESL shall be named as co-insured under all insurance policies taken out by the
Implementing Partner pursuant to GCC Sub-Clause 34.1, except for the Third Party Liability,
Workers’ Compensation and EESL’s Liability Insurances, and the Implementing Partner’s Sub
Implementing Partners shall be named as co-insured’s under all insurance policies taken out by
the Implementing Partner pursuant to GCC Sub-Clause 34.1 except for the Cargo Insurance During
Transport, Workers’ Compensation and EESL’s Liability Insurances. All insurers’ rights of
subrogation against such co-insured’s for losses or claims arising out of the performance of the
Contract shall be waived under such policies.
34.3 The Implementing Partner shall, in accordance with the provisions of Appendix 3 (Insurance
Requirements) to the Contract Agreement, deliver to the EESL certificates of insurance (or copies
of the insurance policies) as evidence that the required policies are in full force and effect. The
certificates shall provide that no less than twenty-one (21) days’ notice shall be given to the EESL
by insurers prior to cancellation or material modification of a policy.
34.4 The Implementing Partner shall ensure that, where applicable, its Sub Implementing
Partner(s) shall take out and maintain in effect adequate insurance policies for their personnel
and vehicles and for work executed by them under the Contract, unless such Sub Implementing
Partners are covered by the policies taken out by the Implementing Partner.
34.5 The EESL shall at its expense take out and maintain in effect during the performance of the
Contract those insurances specified in Appendix 3 (Insurance Requirements) to the Contract
Agreement.
34.6 If the Implementing Partner fails to take out and/or maintain in effect the insurances referred
to in GCC Sub-Clause 34.1, the EESL may take out and maintain in effect any such insurances and
may from time to time deduct from any amount due the Implementing Partner under the Contract
any premium that the EESL shall have paid to the insurer, or may otherwise recover such amount
as a debt due from the Implementing Partner. If the EESL fails to take out and/or maintain in effect
the insurances referred to in GCC 34.5, the Implementing Partner may take out and maintain in
effect any such insurances and may from time to time deduct from any amount due the EESL
under the Contract any premium that the Implementing Partner shall have paid to the insurer, or
may otherwise recover such amount as a debt due from the EESL. If the Implementing Partner fails
to or is unable to take out and maintain in effect any such insurances, the Implementing Partner
shall nevertheless have no liability or responsibility towards the EESL, and the Implementing
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Partner shall have full recourse against the EESL for any and all liabilities of the EESL herein.
34.7 Unless otherwise provided in the Contract, the Implementing Partner shall prepare and
conduct all and any claims made under the policies effected by it pursuant to this GCC Clause 34,
and all monies payable by any insurers shall be paid to the Implementing Partner as per the
procedure outlined in GCC Sub- Clause 34.8 below. The EESL shall give to the Implementing
Partner all such reasonable assistance as may be required by the Implementing Partner. With
respect to insurance claims in which the EESL’s interest is involved, the Implementing Partner
shall not give any release or make any compromise with the insurer without the prior written
consent of the EESL. With respect to insurance claims in which the Implementing Partner’s
interest is involved, the EESL shall not give any release or make any compromise with the insurer
without the prior written consent of the Implementing Partner.
34.8 (i) wherever total damages/loss of equipment/material, would occur, the Implementing
Partner will be entitled to payment of all payments received from the underwriters except the
following amounts:
(a) The amount paid to the Implementing Partner under the Contract in respect of
equipment/material damaged/lost (excluding the pro-rata initial advance) but including
the entire amount of escalation, if any, already paid to the Con-tractor.
(b) Custom Duties and other taxes and duties which have already been paid by the EESL.
In the event the claim money settled, is less than the total of the amount in a & b above, then
the entire claim money settled will be retained by the EESL and the Implementing Partner will
forth-with pay the EESL the short fall amount between the claim money and the total of
amounts as per a & b mentioned above.
Subsequent payments, if any, due under the Contract shall be regulated by the relevant terms
of payment.
(II) In case of damage to any equipment/material during any stage, the Implementing Partner
upon rectification of the damaged equipment to the satisfaction of the EESL shall be paid to the
extent of full claims settled by the underwriters.
35 Unforeseen Conditions
35.1 If, during the execution of the Contract, the Implementing Partner shall encounter on the Site
any physical conditions (other than climatic conditions) or artificial obstructions that could not
have been reasonably foreseen prior to the date of the Contract Agreement by an experienced
Implementing Partner on the basis of reasonable examination of the data relating to the
Facilities(including any data as to boring tests) provided by the EESL, and on the basis of
information that it could have obtained from a visual inspection of the Site (if access thereto was
available) or other data readily available to it relating to the Facilities, and if the Implementing
Partner determines that it will in consequence of such conditions or obstructions incur additional
cost and expense or require additional time to perform its obligations under the Contract that
would not have been required if such physical conditions or artificial obstructions had not been
encountered, the Implementing Partner shall promptly, and before performing additional work or
using additional Plant and Equipment or Implementing Partner’s Equipment, notify the Project
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Manager in writing of
a) the physical conditions or artificial obstructions on the Site that could not have been
reasonably foreseen.
b) the additional work and/or Plant and Equipment and/or Implementing Partner’s
Equipment required, including the steps which the Implementing Partner will or proposes
to take to overcome such conditions or obstructions.
c) the extent of the anticipated delay.
d) the additional cost and expense that the Implementing Partner is likely to incur.
On receiving any notice from the Implementing Partner under this GCC Sub-Clause35.1, the
Project Manager shall promptly consult with the EESL and Implementing Partner and decide upon
the actions to be taken to overcome the physical conditions or artificial obstructions encountered.
Following such consultations, the Project Manager shall instruct the Implementing Partner, with a
copy to the EESL, of the actions to be taken.
35.2 Any reasonable additional cost and expense incurred by the Implementing Partner in
following the instructions from the Project Manager to overcome such physical conditions or
artificial obstructions referred to in GCC Sub-Clause 35.1 shall be paid by the EESL to the
Implementing Partner as an addition to the Contract Price.
35.3 If the Implementing Partner is delayed or impeded in the performance of the Contract because
of any such physical conditions or artificial obstructions referred to in GCC Sub-Clause 35.1, the
Time for Completion shall be extended in accordance with GCC Clause 40 (Extension of Time for
Completion).
36 Change in Laws and Regulations
36.1 If, after the date seven (7) days prior to the date of Bid submission, in the country where the
Site is located, any law, regulation, ordinance, order or by-law having the force of law is enacted,
promulgated, abrogated or changed (which shall be deemed to include any change in interpretation
or application by the competent authorities) that subsequently affects the costs and expenses of the
Implementing Partner and/or the Time for Completion, the Contract Price shall be correspondingly
increased or decreased, and/or the Time for Completion shall be reasonably adjusted to the extent
that the Implementing Partner has thereby been affected in the performance of any of its
obligations under the Contract. However, these adjustments would be restricted to direct
transactions between the EESL and the Implementing Partner/Assignee of Foreign Implementing
Partner (if applicable). These adjustment shall not be applicable on procurement of raw materials,
intermediary components etc. by the Implementing Partner/Assignee of Foreign Implementing
Partner and shall also not be applicable on bought out items despatched directly from sub-vendor
works to site. Further, no adjustment of the Contract Price and/or payment or reimbursement of
taxes, duties or levies shall be made on account of variation in or withdrawal of Deemed Export
benefits. Notwithstanding the foregoing, such additional or reduced costs shall not be separately
paid or credited if the same has already been accounted for in the price adjustment provisions
where applicable, in accordance with the Appendix 2 to the Contract Agreement.
37 Force Majure
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37.1 “Force Majeure” shall mean any event beyond the reasonable control of the EESL or of the
Implementing Partner, as the case may be, and which is unavoidable notwithstanding the
reasonable care of the party affected.
37.2 If either party is prevented, hindered or delayed from or in performing any of its obligations
under the Contract by an event of Force Majeure, then it shall notify the other in writing of the
occurrence of such event and the circumstances thereof within fourteen (14) days after the
occurrence of such event.
37.3 The party who has given such notice shall be excused from the performance or punctual
performance of its obligations under the Contract for so long as the relevant event of Force Majeure
continues and to the extent that such party’s performance is prevented, hindered or delayed. The
Time for Completion shall be extended in accordance with GCC Clause 40 (Extension of Time for
Completion).
37.4 The party or parties affected by the event of Force Majeure shall use reasonable efforts to
mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their
obligations under the Contract, but without prejudice to either party’s right to terminate the
Contract under GCC Sub-Clauses 37.6 and 38.5.
37.5 No delay or non performance by either party hereto caused by the occurrence of any event
of Force Majeure shall
a) constitute a default or breach of the Contract
b) (subject to GCC Sub-Clauses 32.2, 38.3 and 38.4) give rise to any claim for damages or
additional cost or expense occasioned thereby
If and to the extent that such delay or non performance is caused by the occurrence of an event of
Force Majeure.
37.6 If the performance of the Contract is substantially prevented, hindered or delayed for a single
period of more than sixty (60) days or an aggregate period of more than one hundred and twenty
(120) days on account of one or more events of Force Majeure during the currency of the Contract,
the parties will attempt to develop a mutually satisfactory solution, failing which the dispute shall
be resolved in accordance with GCC Clause 6.
37.7 Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not apply to any obligation of the
EESL to make payments to the Implementing Partner herein.
38 War Risks
38.1 “War Risks” shall mean any of the following events occurring or existing in or near the
country (or countries) where the Site is located:
a) war, hostilities or warlike operations (whether a state of war is declared or not), invasion,
act of foreign enemy and civil war
b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government,

conspiracy, riot, civil commotion and terrorist acts, and
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c) any explosion or impact of any mine, bomb, shell, grenade or other projectile, missile,
munitions or explosive of war.
38.2 Notwithstanding anything contained in the Contract, the Implementing Partner shall have no
liability whatsoever for or with respect to
a) destruction of or damage to Facilities, Plant & Equipment, or any part thereof
b) destruction of or damage to property of the EESL or any third party
c) injury or loss of life
if such destruction, damage, injury or loss of life is caused by any War Risks, and the EESL shall
indemnify and hold the Implementing Partner harmless from and against any and all claims,
liabilities, actions, lawsuits, damages, costs, charges or expenses arising in consequence of or in
connection with the same.
38.3 If the Facilities or any Plant and Equipment or Implementing Partner’s Equipment or any
other property of the Implementing Partner used or intended to be used for the purposes of the
Facilities shall sustain destruction or damage by reason of any War Risks, the EESL shall pay the
Implementing Partner for
a) any part of the Facilities or the Plant and Equipment so destroyed or damaged (to the
extent not already paid for by the EESL)
b) replacing or making good any Implementing Partner’s Equipment or other property of the
Implementing Partner so destroyed or damaged so far as may be required by the EESL,
and as may be necessary for completion of the Facilities,
c) replacing or making good any such destruction or damage to the Facilities or the Plant and
Equipment or any part thereof.
If the EESL does not require the Implementing Partner to replace or make good any such
destruction or damage to the Facilities, the EESL shall either request a change in accordance
with GCC Clause 39 (Change in the Facilities), excluding the performance of that part of the
Facilities thereby destroyed or damaged or, where the loss, destruction or damage affects a
substantial part of the Facilities, shall terminate the Contract, pursuant to GCC Sub-Clause 42.1
(Termination for EESL’s Convenience).
38.4 Notwithstanding anything contained in the Contract, the EESL shall pay the Implementing
Partner for any increased costs or incidentals to the execution of the Contract that are in any way
attributable to, consequent on, resulting from, or in any way connected with any War Risks,
provided that the Implementing Partner shall as soon as practicable notify the EESL in writing of
any such increased cost.
38.5 If during the performance of the Contract any War Risks shall occur that financially or
otherwise materially affect the execution of the Contract by the Implementing Partner, the
Implementing Partner shall use its reasonable efforts to execute the Contract with due and proper
consideration given to the safety of its and its Sub Implementing Partners’ personnel engaged in
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the work on the Facilities, provided, however, that if the execution of the work on the Facilities
becomes impossible or is substantially prevented for a single period of more than sixty (60) days
or an aggregate period of more than one hundred and twenty (120) days on account of any War
Risks, the parties will attempt to develop a mutually satisfactory solution, failing which the dispute
will be resolved in accordance with GCC Clause 6.
38.6 In the event of termination pursuant to GCC Sub-Clauses 38.3, the rights and obligations of
the EESL and the Implementing Partner shall be specified in GCC Sub-Clauses 42.1.2 and 42.1.3,
except that the Implementing Partner shall have no entitlement to profit under paragraph (e) of
GCC Sub-Clause 42.1.3 in respect of any unexecuted Facilities as of the date of termination.
H. Change in Contract Element
39.1 Changes in the Facilities
39.1.1 The EESL shall have the right to propose, and subsequently require, that the Project
Manager order the Implementing Partner from time to time during the performance of the Contract
to make any change, modification, addition or deletion to, in or from the Facilities (hereinafter
called “Change”), provided that such Change falls within the general scope of the Facilities and does
not constitute unrelated work and that it is technically practicable, taking into account both the
state of advancement of the Facilities and the technical compatibility of the Change envisaged with
the nature of the Facilities as specified in the Contract .
39.1.2 The Implementing Partner may from time to time during its performance of the Contract
propose to the EESL (with a copy to the Project Manager) any Change that the Implementing
Partner considers necessary or desirable to improve the quality, efficiency or safety of the Facilities.
The EESL may at its discretion approve or reject any Change proposed by the Implementing
Partner.
39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no change made necessary because of
any default of the Implementing Partner in the performance of its obligations under the Contract
shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract
Price or the Time for Completion.
39.1.4 The procedure on how to proceed with and execute Changes is specified in GCC Sub-
Clauses 39.2 and 39.3.
39.2 Changes Originating from EESL

If the EESL proposes a Change pursuant to GCC Sub-Clause 39.1.1, it shall send to the
Implementing Partner a “Request for Change Proposal,” requiring the Implementing Partner to
prepare and furnish to the Project Manager as soon as reasonably practicable a “Change
Proposal,” which shall include the following:
a) brief description of the Change

b) effect on the Time for Completion
c) estimated cost of the Change
d) effect on Functional Guarantees (if any)
e) effect on any other provisions of the Contract.
39.2.2 The pricing of any Change shall, as far as practicable, be calculated in accordance with the
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rates and prices included in the Contract. If the rates and prices of any change are not available in
the Contract, the parties thereto shall agree on specific rates for the valuation of the Change.
39.2.3 If before or during the preparation of the Change Proposal it becomes apparent that the
aggregate effect of compliance therewith and with all other Change Orders that have already
become binding upon the Implementing Partner under this GCC Clause 39 would be to increase or
decrease the Contract Price as originally set forth in Article 2 (Contract Price) of the Contract
Agreement by more than fifteen (15) percent, the Implementing Partner may give a written notice
of objection thereto prior to furnishing the Change Proposal as aforesaid. If the EESL accepts the
Implementing Partner’s objection, the EESL and the Implementing Partner shall agree on specific
rates for valuation of the change.
39.2.4 Upon receipt of the Change Proposal, the EESL and the Implementing Partner shall mutually
agree upon all matters therein contained including agreement on rates if such rates are not
available in the Contract or if the limit of 15% set forth in Clause 39.2.3 has been exceeded. Within
fourteen (14) days after such agreement, the EESL shall, if it intends to proceed with the Change,
issue the Implementing Partner with a Change Order.
If the EESL is unable to reach a decision within fourteen (14) days, it shall notify the Implementing
Partner with details of when the Implementing Partner can expect a decision.
If the EESL decides not to proceed with the Change for whatever reason, it shall, within the said
period of fourteen (14) days, notify the Implementing Partner accordingly.
39.2.5 If the EESL and the Implementing Partner cannot reach agreement on the price for the
Change, an equitable adjustment to the Time for Completion, or any other matters identified in the
Change Proposal, the EESL may nevertheless instruct the Implementing Partner to proceed with
the Change by issue of a “Pending Agreement Change Order.”
Upon receipt of a Pending Agreement Change Order, the Implementing Partner shall immediately
proceed with effecting the Changes covered by such Order. The parties shall thereafter attempt to
reach agreement on the outstanding issues under the Change Proposal.
39.3 Changes Originating from Implementing Partner
39.3.1 If the Implementing Partner proposes a Change pursuant to GCC Sub-Clause 39.1.2, the
Implementing Partner shall submit to the Project Manager a written “Application for Change
Proposal,” giving reasons for the proposed Change and including the information specified in GCC
Sub-Clause 39.2.1.
Upon receipt of the Application for Change Proposal, the parties shall follow the procedures
outlined in GCC Sub-Clauses 39.2.4 and 39.2.5
40. Extension of Time for Completion
40.1 The Time(s) for Completion specified in the SCC shall be extended if the Implementing Partner
is delayed or impeded in the performance of any of its obligations under the Contract by reason
of any of the following:
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a) any Change in the Facilities as provided in GCC Clause 39 (Change in the Facilities)
b) any occurrence of Force Majeure as provided in GCC Clause 37 (Force Majeure), unforeseen
conditions as provided in GCC Clause 35 (Unforeseen Conditions), or other occurrence of any
of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC Sub-Clause 32.2
c) any suspension order given by the EESL under GCC Clause 41 (Suspension) hereof or
reduction in the rate of progress pursuant to GCC Sub-Clause 41.2 or
d) any changes in laws and regulations as provided in GCC Clause 36 (Change in Laws and
Regulations) or
e) any default or breach of the Contract by the EESL, specifically including failure to supply
the items listed in Appendix 6 (Scope of Works and Supply by the EESL) to the Contract
Agreement, or any activity, act or omission of any other Implementing Partners employed
by the EESL or
f) any other matter specifically mentioned in the Contract;
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect
the delay or impediment sustained by the Implementing Partner.
40.2 Except where otherwise specifically provided in the Contract, the Implementing Partner
shall submit to the Project Manager a notice of a claim for an extension of the Time for
Completion, together with particulars of the event or circumstance justifying such extension as
soon as reasonably practicable after the commencement of such event or circumstance. As soon
as reasonably practicable after receipt of such notice and supporting particulars of the claim, the
EESL and the Implementing Partner shall agree upon the period of such extension. In the event
that the Implementing Partner does not accept the EESL’s estimate of a fair and reasonable time
extension, the Implementing Partner shall be entitled to refer the matter to the Adjudicator,
pursuant to GCC Sub-Clause 6.1 (Adjudicator).
40.3 The Implementing Partner shall at all times use its reasonable efforts to minimize any delay
in the performance of its obligations under the Contract.
41 Suspension
41.1 The EESL/ Project Manager may, by notice to the Implementing Partner, order the
Implementing Partner to suspend performance of any or all of its obligations under the Contract.
Such notice shall specify the obligation of which performance is to be suspended, the effective
date of the suspension and the reasons therefore. The Implementing Partner shall there upon
suspend performance of such obligation (except those obligations necessary for the care or
preservation of the Facilities) until ordered in writing to resume such performance by the Project
Manager/ EESL.
If, by virtue of a suspension order given by the Project Manager/EESL other than by reason of the
Implementing Partner’s default or breach of the Contract, the Implementing Partner’s performance
of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at
any time thereafter and provided that at that time such performance is still suspended, the
Implementing Partner may give a notice to the Project Manager requiring that the EESL shall, within
twenty-eight (28) days of receipt of the notice, order the resumption of such performance or
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request and subsequently order a change in accordance with GCC Clause 39 (Change in the
Facilities), excluding the performance of the suspended obligations from the Contract.
If the EESL fails to do so within such period, the Implementing Partner may, by a further notice to
the Project Manager, elect to treat the suspension, where it affects a part only of the Facilities, as a
deletion of such part in accordance with GCC Clause 39 (Change in the Facilities) or, where it
affects the whole of the Facilities, as termination of the Contract under GCC Sub-Clause 42.1
(Termination for EESL’s Convenience).
41.2 If
a) the EESL has failed to pay the Implementing Partner any sum due under the Contract
within the specified period, has failed to approve any invoice or supporting documents
without just cause pursuant to Appendix 1 (Terms and Procedures of Payment) to the
Contract Agreement, or commits a substantial breach of the Contract, the Implementing
Partner may give a notice to the EESL that requires payment of such sum, requires approval
of such invoice or supporting documents, or specifies the breach and requires the EESL to
remedy the same, as the case may be. If the EESL fails to pay such sum, fails to approve
such invoice or supporting documents or give its reasons for withholding such approval, or
fails to remedy the breach or take steps to remedy the breach within fourteen (14) days
after receipt of the Implementing Partner’s notice or
b) the Implementing Partner is unable to carry out any of its obligations under the Contract
for any reason attributable to the EESL, including but not limited to the EESL’s failure to
provide possession of or access to the Site or other areas in accordance with GCC Sub-
Clause 10.2, or failure to obtain any governmental permit necessary for the execution
and/or completion of the Facilities; then the Implementing Partner may by fourteen (14)
days’ notice to the EESL suspend performance of all or any of its obligations under the
Contract, or reduce the rate of progress.
41.3 If the Implementing Partner’s performance of its obligations is suspended or the rate of
progress is reduced pursuant to this GCC Clause 41, then the Time for Completion shall be
extended in accordance with GCC Sub-Clause 40.1, and any and all additional costs or expenses
incurred by the Implementing Partner as a result of such suspension or reduction shall be paid by
the EESL to the Implementing Partner in addition to the Contract Price, except in the case of
suspension order or reduction in the rate of progress by reason of the Implementing Partner’s
default or breach of the Contract.
41.4 During the period of suspension, the Implementing Partner shall not remove from the Site
any Plant and Equipment, any part of the Facilities or any Implementing Partner’s Equipment,
without the prior written consent of the EESL.
42 Termination
42.1 Termination for EESL’s Convenience
42.1.1 The EESL may at any time terminate the Contract for any reason by giving the
Implementing Partner a notice of termination that refers to this GCC Sub-Clause 42.1.
42.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 42.1.1, the Implementing
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Partner shall either immediately or upon the date specified in the notice of termination
(a) cease all further work, except for such work as the EESL may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed,
or any work required to leave the Site in a clean and safe condition
(b) terminate all subcontracts, except those to be assigned to the EESL pursuant to paragraph
(d)(ii) below
(c) remove all Implementing Partner’s Equipment from the Site, repatriate the Implementing
Partner’s and its Sub Implementing Partners’ personnel from the Site, remove from the
Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a
clean and safe condition.
(d) In addition, the Implementing Partner, subject to the payment specified in GCC Sub-Clause
42.1.3, shall
(i) Deliver to the EESL the parts of the Facilities executed by the Implementing Partner up to
the date of termination
(ii) to the extent legally possible, assign to the EESL all right, title and benefit of the
Implementing Partner to the Facilities and to the Plant and Equipment as at the date of
termination, and, as may be required by the EESL, in any subcontracts concluded between
the Implementing Partner and its Sub Implementing Partners
(iii) deliver to the EESL all non-proprietary drawings, specifications and other documents
prepared by the Implementing Partner or its Sub Implementing Partners as at the date of
termination in connection with the Facilities.
42.1.3 In the event of termination of the Contract under GCC Sub-Clause 42.1.1, the EESL shall pay
to the Implementing Partner the following amounts:
(a) the Contract Price, properly attributable to the parts of the Facilities executed by the
Implementing Partner as of the date of termination
(b) the costs reasonably incurred by the Implementing Partner in the removal of the
Implementing Partner’s Equipment from the Site and in the repatriation of the
Implementing Partner’s and its Sub Implementing Partners’ personnel.
(c) any amounts to be paid by the Implementing Partner to its Sub Implementing Partners in
connection with the termination of any subcontracts, including any cancellation charges.
(d) costs incurred by the Implementing Partner in protecting the Facilities and leaving the Site
in a clean and safe condition pursuant to paragraph (a) of GCC Sub-Clause 42.1.2
(e) the cost of satisfying all other obligations, commitments and claims that the Implementing
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Partner may in good faith have undertaken with third parties in connection with the
Contract and that are not covered by paragraphs (a) through (d) above.
42.2 Termination for Contractor or Implementing Partner’s Default
42.2.1 The EESL, without prejudice to any other rights or remedies it may possess, may terminate
the Contract forthwith in the following circumstances by giving a notice of termination and its
reasons therefor to the Implementing Partner, referring to this GCC Sub-Clause 42.2:
(a) if the Implementing Partner becomes bankrupt or insolvent, has a receiving order issued
against it, compounds with its creditors, or, if the Implementing Partner is a corporation, a
resolution is passed or order is made for its winding up (other than a voluntary liquidation
for the purposes of amalgamation or reconstruction), a receiver is appointed over any part
of its undertaking or assets, or if the Implementing Partner takes or suffers any other
analogous action in consequence of debt.
(b) if the Implementing Partner assigns or transfers the Contract or any right or interest
therein in violation of the provision of GCC Clause 43 (Assignment).
(c) if the Implementing Partner, in the judgement of the EESL has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
For the purpose of this Sub-Clause:
"corrupt practice" means the offering, giving, receiving or soliciting of any thing of value to
influence the action of a public official in the procurement process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the EESL and includes collusive
practice among Bidders (prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the EESL of the benefits of free and open
competition.
42.2.2 If the Implementing Partner
(a) has abandoned or repudiated the Contract
(b) has without valid reason failed to commence work on the Facilities promptly or has
suspended (other than pursuant to GCC Sub-Clause 41.2) the progress of Contract
performance for more than twenty-eight (28) days after receiving a written instruction
from the EESL to proceed
(c) persistently fails to execute the Contract in accordance with the Contract or persistently
neglects to carry out its obligations under the Contract without just cause
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(d) refuses or is unable to provide sufficient materials, services or labor to execute and
complete the Facilities in the manner specified in the program furnished under GCC Clause
18 (Program of Performance) at rates of progress that give reasonable assurance to the
EESL that the Implementing Partner can attain Completion of the Facilities by the Time for
Completion as extended
then the EESL may, without prejudice to any other rights it may possess under the Contract, give a
notice to the Implementing Partner stating the nature of the default and requiring the
Implementing Partner to remedy the same. If the Implementing Partner fails to remedy or to take
steps to remedy the same within fourteen (14) days of its receipt of such notice, then the EESL
may terminate the Contract forthwith by giving a notice of termination to the Implementing
Partner that refers to this GCC Sub-Clause 42.2.
42.2.3 Upon receipt of the notice of termination under GCC Sub-Clauses 42.2.1 or 42.2.2, the
Implementing Partner shall, either immediately or upon such date as is specified in the notice of
termination,
cease all further work, except for such work as the EESL may specify in the notice of termination
for the sole purpose of protecting that part of the Facilities already executed, or any work required
to leave the Site in a clean and safe condition
(a) terminate all subcontracts, except those to be assigned to the EESL pursuant to paragraph
(d) below
(b) deliver to the EESL the parts of the Facilities executed by the Implementing Partner up to
the date of termination.
(c) to the extent legally possible, assign to the EESL all right, title and benefit of the
Implementing Partner to the Works. and to the Plant and Equipment as at the date of
termination, and, as may be required by the EESL, in any subcontracts concluded between
the Implementing Partner and its Sub Implementing Partners.
(d) deliver to the EESL all drawings, specifications and other documents prepared by the
Implementing Partner or its Sub Implementing Partners as at the date of termination in
connection with the Facilities.
42.2.4 The EESL may enter upon the Site, expel the Implementing Partner, and complete the
Facilities itself or by employing any third party. The EESL may, to the exclusion of any right of the
Implementing Partner over the same, take over and use with the payment of a fair rental rate to
the Implementing Partner, with all the maintenance costs to the account of the EESL and with an
indemnification by the EESL for all liability including damage or injury to persons arising out of
the EESL’s use of such equipment, any Implementing Partner’s Equipment owned by the
Implementing Partner and on the Site in connection with the Facilities for such reasonable period
as the EESL considers expedient for the supply and installation of the Facilities.
Upon completion of the Facilities or at such earlier date as the EESL thinks appropriate, the EESL
shall give notice to the Implementing Partner that such Implementing Partner’s Equipment will be
returned to the Implementing Partner at or near the Site and shall return such Implementing
Partner’s Equipment to the Implementing Partner in accordance with such notice. The
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Implementing Partner shall thereafter without delay and at its cost remove or arrange removal of
the same from the Site.
42.2.5 Subject to GCC Sub-Clause 42.2.6, the Implementing Partner shall be entitled to be paid the
Contract Price attributable to the Facilities executed as at the date of termination, the value of any
unused or partially used Plant and Equipment on the Site, and the costs, if any, incurred in
protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph
(a) of GCC Sub-Clause 42.2.3. Any sums due to the EESL from the Implementing Partner accruing
prior to the date of termination shall be deducted from the amount to be paid to the Implementing
Partner under this Contract.
42.2.6 If the EESL completes the Facilities, the cost of completing the Facilities by the EESL shall be
determined.
If the sum that the Implementing Partner is entitled to be paid, pursuant to GCC Sub-Clause 42.2.5,
plus the reasonable costs incurred by the EESL in completing the Facilities, exceeds the Contract
Price, the Implementing Partner shall be liable for such excess.
If such excess is greater than the sums due to the Implementing Partner under GCC Sub-Clause
42.2.5, the Implementing Partner shall pay the balance to the EESL, and if such excess is less than
the sums due to the Implementing Partner under GCC Sub-Clause 42.2.5, the EESL shall pay the
balance to the Implementing Partner.
The EESL and the Implementing Partner shall agree, in writing, on the computation described
above and the manner in which any sums shall be paid.
42.3 Termination by Contractor or Implementing Partner
42.3.1 If
(a) the EESL has failed to pay the Implementing Partner any sum due under the Contract within
the specified period, has failed to approve any invoice or supporting documents without just cause
pursuant to Appendix 1 (Terms and Procedures of Payment) of the Contract Agreement, or
commits a substantial breach of the Contract, the Implementing Partner may give a notice to the
EESL that requires payment of such sum, requires approval of such invoice or supporting
documents, or specifies the breach and requires the EESL to remedy the same, as the case may be.
If the EESL fails to pay such sum, fails to approve such invoice or supporting documents or give its
reasons for withholding such approval, fails to remedy the breach or take steps to remedy the
breach within fourteen (14) days after receipt of the Implementing Partner’s notice, or
(b) the Implementing Partner is unable to carry out any of its obligations under the Contract for
any reason attributable to the EESL, including but not limited to the EESL’s failure to provide
possession of or access to the Site or other areas or failure to obtain any governmental permit
necessary for the execution and/or completion of the Facilities which the EESL is required to
obtain as per provision of the Contract or as per relevant applicable laws of the country,
then the Implementing Partner may give a notice to the EESL thereof, and if the EESL has failed to
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pay the outstanding sum, to approve the invoice or supporting documents, to give its reasons for
withholding such approval, or to remedy the breach within twenty-eight (28) days of such notice,
or if the Implementing Partner is still unable to carry out any of its obligations under the Contract
for any reason attributable to the EESL within twenty-eight (28) days of the said notice, the
Implementing Partner may by a further notice to the EESL referring to this GCC Sub-Clause 42.3.1,
forthwith terminate the Contract.
42.3.2 The Implementing Partner may terminate the Contract forthwith by giving a notice to the
EESL to that effect, referring to this GCC Sub-Clause 42.3.2, if the EESL becomes bankrupt or
insolvent, has a receiving order issued against it, compounds with its creditors, or, being a
corporation, if a resolution is passed or order is made for its winding up (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any
part of its undertaking or assets, or if the EESL takes or suffers any other analogous action in
consequence of debt.
42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2, then the
Implementing Partner shall immediately
(a) cease all further work, except for such work as may be necessary for the purpose of protecting
that part of the Facilities already executed, or any work required to leave the Site in a clean and
safe condition
(b) terminate all subcontracts, except those to be assigned to the EESL pursuant to paragraph
(d)(ii)
(c) remove all Implementing Partner’s Equipment from the Site and repatriate the Implementing
Partner’s and its Sub Implementing Partner’s personnel from the Site
(d) In addition, the Implementing Partner, subject to the payment specified in GCC Sub-Clause
42.3.4, shall
(i) deliver to the EESL the parts of the Facilities executed by the Implementing Partner up to the
date of
termination
(ii) to the extent legally possible, assign to the EESL all right, title and benefit of the Implementing
Partner to the
Facilities and to the Plant and Equipment as of the date of termination, and, as may be required by
the
EESL, in any subcontracts concluded between the Implementing Partner and its Sub Implementing
Partners
(iii) deliver to the EESL all drawings, specifications and other documents prepared by the
Implementing Partner or its Sub Implementing Partners as of the date of termination in
connection with the Facilities.
42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or42.3.2, the EESL shall pay to
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the Implementing Partner all payments specified in GCC Sub-Clause 42.1.3, and reasonable
compensation for all loss or damage sustained by the Implementing Partner arising out of, in
connection with or in consequence of such termination.
42.3.5 Termination by the Implementing Partner pursuant to this GCC Sub-Clause 42.3 is without
prejudice to any other rights or remedies of the Implementing Partner that may be exercised in lieu
of or in addition to rights conferred by GCC Sub-Clause 42.3.
42.4 In this GCC Clause 42, the expression “Facilities executed” shall include all work executed,
Installation Services provided, any or all Plant and Equipment acquired (or subject to a legally
binding obligation to purchase by the Implementing Partner and used or intended to be used for the
purpose of the Facilities, up to and including the date of termination.
42.5 In this GCC Clause 42, in calculating any monies due from the EESL to the Implementing
Partner, account shall be taken of any sum previously paid by the EESL to the Implementing Partner
under the Contract, including any advance payment paid pursuant to Appendix 1 (Terms and
Procedures of Payment) to the Contract Agreement.
43. Assignment
43.1 The Implementing Partner shall not, without the express prior written consent of the EESL,
assign to any third party the Contract or any part thereof, or any right, benefit, obligation or
interest therein or thereunder, except that the Implementing Partner shall be entitled to assign
either absolutely or by way of charge any monies due and payable to it or that may become due
and payable to it under the Contract.
44. Bankruptcy
If the Contractor shall become bankrupt or have a receiving order made against him or compound
with his creditors, or being a corporation commence to be wound up, not being a voluntary
winding up for the purpose only of amalgamation
/ reconstruction, or carry on its business under a receiver for the benefit of its creditors or any of
them, the Owner ill be at liberty :
to terminate the contract forthwith by notice in writing to the liquidator or receiver or to any
person in whom the contract may become vested & to act in the manner provided in GCC clause 42
entitled "Termination" as though the last mentioned notice has been the notice referred to in such
clause and the equipment and materials have been taken out of the contractor's hands.
to give such liquidator, receiver or other person, the option of carrying out the contract subject to
his providing a guarantee, for the due and faithful performance of the contract up to an amount to
be determined by the Owner.
45.Contractor Performance & Feedback and Evaluation System
The Employer has in place an established 'Contractor Performance & Feedback System' against
which the contractors performance during the execution of contract shall be evaluated on a
continuous basis at regular intervals. In case the performance of the contractor is found
unsatisfactory on any of the following four parameters, the contractor shall be considered
ineligible for participating in future tenders for a period as may be decided by the Employer.
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Financial Status
Project Execution & Project Management Capability
Engineering & QA Capability
Claims & Disputes.
46.Fraud Prevention Policy
The contractor along with their associate/collaborator/sub-contractors/sub-vendors/

consultants/service providers shall strictly adhere to the Fraud Prevention Policy of EESL
displayed on its tender website www.eeslindia.org
The Contractor along with their associate/collaborator/sub-contractors/sub-vendors/

consultants/service providers shall observe the highest standard of ethics and shall not indulge or
allow anybody else working in their organisation to indulge in fraudulent activities during
execution of the contract. The contractor shall immediately apprise the Employer about any fraud
or suspected fraud as soon as it comes to their notice.
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SECTION-4
Technical & Special Conditions of Contract
NOTE: THE TERMS & CONDITIONS STIPULATED HEREIN (I.E., IN SECTION-4) WILL
SUPERSEDE ANY CONTRADICTORY/ SIMILAR/ OVERLAPPING TERMS &
CONDITIONS IN ANY OTHER SECTION/ PART OF THE TENDER.
PART A : GENERAL INFORMATION
Name of Work: Design, Engineering, Supply, Construction, Erection, Testing, Commissioning
and O&M of grid connected Solar PV Rooftop Power Plants of cumulative capacity of
approximate 7.5 MWp in various Buildings in the Union Territory of Andaman
NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated:

22-09-2020
NOTE:
Bidders are requested to select the NON-PARTICIPATING Lot (Lot - 1 to 2) and click on
DELETE option and then PROCEED. Bidders has to mandatorily declare the participating
Lot against this tender as per Attachment No.11 attached in Section-6 of tender documents.
Only price-bid of the declared Lots in Attachment No.11 shall be opened subject to
acceptance of technical bid.
BIDS ARE TO BE SUBMITTED AS FOLLOWS:

(Please note that, EESL has switched the tender system into e-tendering. Bidders will submit their bid
accordingly).
Envelope 1 (Pre-Qualifying documents) should contain following:
1. Bid document fee in the form of NEFT/RTGS or Banker’s Cheque/ Demand Draft drawn in favor
of “Energy Efficiency Services Limited” payable at New Delhi. (To be submitted in hard copy/
manually in the tender-box on and before Technical E-Bid Opening Date & Time. Scanned
Copy to be uploaded at E-tendering portal.)
2. Bid Security Fee/Earnest Money Deposit as Attachment-2 by NEFT/RTGS or Banker’s Cheque
/ Demand Draft drawn in favour of “Energy Efficiency Services Limited” or in the form of Bank
Guarantee as per prescribed format in section 6. (To be submitted in hard copy/ manually in the
tender-box on and before Technical E-Bid Opening Date & Time. Scanned Copy to be
uploaded at E-tendering portal).
3. Letter of the bidder submitting the bid in the form as stipulated in the bid document i.e., as per
Bid Form as Attachment-1 of section - 6, Forms& Procedures. (Scanned Copy to be uploaded
at E-tendering portal) Duly filled and Signed by authorized signatory.
4. Notarized Power of attorney to sign the bid as Attachment-3 of section 6, Forms & Procedure.
Bidders to use their own format. (Scanned Copy to be uploaded at E-tendering portal). The
submitted power of attorney shall be as per the respective clause in Section-2.
5. Certificate regarding acceptance of important terms and conditions as per ITB clause 4.6 as
Attachment-4. Format enclosed in section 6. (Scanned Copy to be uploaded at E-tendering
portal) Duly filled and Signed by authorized signatory.
6. Form of acceptance of EESL fraud prevention policy and declaration as per Attachment- 7 of
section 6, Forms & Procedure. (Scanned Copy to be uploaded at E-tendering portal) Duly filled
and Signed by authorized signatory.
7. NEFT/RTGS Bank details as per Attachment-10 of section-6, forms and procedure. (Scanned
Copy to be uploaded at E-tendering portal) Duly filled and Signed by authorized signatory.
8. Self-Declaration for not been blacklisted by Central/State/UT Government or any Public sector
entities duly signed and stamped at company’s Letter Head. (Scanned Copy to be uploaded at E-

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Andaman/202109016 Dated: 22-09-2020 (Technical & SCC)
tendering portal. Bidder shall clearly mention tender reference number and date of signing the
self-declaration.
9. Consortium Agreement (if applicable) on Rs. 100 stamp paper duly signed and notarized. Bidder
to use their own format. (To be submitted in hard copy/ manually in the tender-box on and
before Technical E-Bid Opening Date & Time. Scanned Copy to be uploaded at E-tendering
portal.)
10. Declaration form for quoted Lot(s) (as per format in Attachment - 11) duly filled and Signed
on Company’s Letter Head Pad with Company seal. (Scanned Copy to be uploaded at E-
tendering portal).
11. Certificate Regarding Compliance of Meity Notification Vide File No. 1(10)/2017-Cles Dt.
02.07.18 as per Attachment-13 of Section-6, Forms & procedures Duly filled Signed by
authorized signatory (Scanned Copy to be uploaded at E-tendering portal).
12. Certificate regarding Declaration of Local Content (as per Format in Attachment-14).
(Scanned Copy to be uploaded at E-tendering portal).
13. Declaration of GST rates (as per format in Attachment - 15) duly filled and Signed on
Company’s Letter Head Pad with Company seal. (Scanned Copy to be uploaded at E-tendering
portal).
14. Self-Declaration duly signed and stamped at company’s Letter Head for not being under debar
list/undergoing debarment period on account of breach of the code of integrity under Rule
175(1)(i)(h) of the General Financial rules for giving false declarations of local content. (Scanned
Copy to be uploaded at E-tendering portal. Bidder shall clearly mention tender reference number
and date of signing the self-declaration.
15. Compliance Matrix/Checklist for Bidder as per Annexure-IX duly filled and signed on
Company’s Letter head pad with company seal. (Scanned Copy to be uploaded at E-tendering
portal).
16. Compliance Matrix/Checklist for Technical and Financial QR as per Annexure-X duly filled and
signed on Company’s Letter head pad with company seal. (Scanned Copy to be uploaded at E-
tendering portal).
Envelope-II, i.e., Techno-Commercial Proposal of the Bid Should Contain (scanned copies of)
the following:
i. Deviation statement as per Attachment 5 of section - 6, Forms & Procedure.

NOTE: EESL reserves the right to consider or disregard deviations, and reject bids in case
of non-compliance. Bids containing material deviations from or reservation to the terms and
conditions and specifications mentioned in the Tender will be treated as non-responsive and
will not be considered further.
ii. Specific confirmation by the bidder duly signed and stamped on letter head as per Annexure-
II
iii. Techno-commercial bid as indicated in bid document, i.e., documentary evidences
regarding bidder’s qualifications to perform the Contract, as required per the
Qualifying Requirements along with other documents as mentioned in the Tender
Document.
iv. One complete set of RfP documents and subsequent amendments (if any), duly signed and
stamped on each page.
Envelope-III should contain Price Bid (Annexure-I to be filled-up online) shall comprise of
i. Price Bid in the format prescribed in the tender document for Lot-1
ii. Price Bid in the format prescribed in the tender document for Lot-2
Price Bid in the format prescribed in the tender document.
Since the bids are to be submitted through E-tendering mode, the prices are to be filled on e-tender
portal only and bidders are requested not to submit the price bid in hard copy at EESL along with
the documents. The same will not be entertained.

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Initially, Envelope – I containing documents as stated above will be opened electronically. Envelope-
II will be opened on the same day of only those bidders who have submitted EMD and requisite
documents in Envelope-I.
Envelope-III (Price Bid) shall be opened subsequently subject to acceptance of Techno-Commercial
Bid. Opening date will be intimated to all those bidders, who are found technically & commercially
acceptable to EESL.
Price-Bid of the technically disqualified bidders will not be opened.
For and on behalf of EESL

s
Engineer (SCM)

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PART-B: Definitions
Following terms used in the document will carry the meaning and interpretations as described below:
“Affiliate” shall mean a Company that, directly or indirectly,

i. controls, or
ii. is controlled by, or
iii. is under common control with, a Company developing a Project or a Member in a Consortium
developing the Project and control means ownership by one Company of at least 51% (fifty one
percent) of the voting rights of the other Company;
“DISCOM” means Power Distribution Company of the state, responsible for distribution of Electrical
power in the region and associated activities
“EIC” shall mean Engineer or Engineers authorized by EESL for the purpose of this contract.
Inspecting Authority shall mean any Engineering person or personnel authorized by EESL to supervise
and inspect the erection, commissioning of the grid connected solar PV based r;
“Beneficiary” shall mean the Andaman State Electricity Department
“Bid” shall mean the Technical and Financial Bid submitted by the Bidder along with all
documents/credentials/attachments annexure etc., in response to the bidding document, in accordance
with the terms and conditions hereof;
“Bidder(s)” shall mean bidding company submitting the Bid and includes Financially Evaluated
Company. Any reference to the Bidder includes its successors, executors and permitted assigns as the
context may require;
“B.I. S" shall mean specifications of Bureau of Indian Standards (BIS);
“BoP” shall mean balance of plant
“BoS” shall mean balance of system;
“COD” shall mean the commercial operation date;
"Comprehensive O&M” shall mean insurance, onsite warranty, spare parts and operation &
maintenance of Project / installations for ten years from the date of Commissioning and issuance of
completion certificate;
“Commissioning” means demonstration of successful operation of the project/ system by the

Successful Bidder;
“IEC” means International Electro-technical Commission.
"kWp" shall mean Kilo Watt Peak;
"kWh" shall mean Kilo Watt Hour;
"MNRE" shall mean Ministry of New and Renewable Energy, Government of India
“MPPT or Maximum Power Point Tracking” shall mean algorithm that is used for extracting
maximum available power from PV module under certain conditions.
“NTP” means Notice to Proceed;

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“OEM” Original Equipment Manufacturer;
“PPA” shall mean “Power Purchase Agreement” for sale of energy generated from the project;
“PPE” means Personal Protective Equipment;
“Project” shall mean the aggregate of the Grid connected solar PV based rooftop system and injecting
the excess power into the grid as per the terms of this RFP;
“RESCO” shall mean Renewable Energy Service Companies;
“RMM” shall mean Remote Monitoring Mechanism for Smart Energy Meters;
“Solar Inverter” shall mean inverters that convert electricity generated from solar PV panels from
DC to AC;
“SI” shall mean System Integrator shall mean the agency who had carried out the Design, Engineering,
Supply, Installation, Testing & Commissioning and O&M of Grid connected solar PV based Power
Plants;
“Performance Test” shall mean such tests which establish successful installation, commissioning and
operation of system at desired level as per the requirement of issuing authority before the issuance of
commissioning certificate;

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PART C : Scope of Work and Other Terms & Conditions
1. INTRODUCTION
Energy Efficiency Services Limited (EESL) is a Joint Venture of NTPC Limited, Power Grid
Corporation of India Limited (PGCIL), Power Finance Corporation Limited (PFC) and Rural
Electrification Corporation Limited (REC) to facilitate implementation of energy efficiency projects.
EESL intends to establish Solar PV Rooftop Power Plants with a cumulative capacity of
approximate 7.5MWp in various Buildings in the Union Territory of Andaman. EESL is in
advanced stage of discussion with other States of India as well for implementing such projects.
2. Project Scope & Technology Selection
2.1 Proposed System
A Grid Connected Rooftop Solar Photo-Voltaic (SPV) power plant consists of Solar PV Modules,
Module Mounting Structure, Power Conditioning Unit (PCU) with Maximum Power Point Tracker
(MPPT), Inverter(s), Net Meter, necessary Controls & Protections, interconnection cables and
switches. PV Array is mounted on a suitable module mounting structure. These Grid tied rooftop SPV
system’s which are installed without batteries should be designed with necessary features to
supplement the grid power during day-time. Components and parts used in the SPV power plants
including the PV modules, metallic structures, cables, junction box, switches, PCUs etc., should
conform to the BIS or IEC or international specifications, wherever such specifications are available
and applicable.
This RfP is limited only to “Design, Engineering, Supply, Construction, Erection, Testing,
capacity of approximate 7.5MWp in various Buildings in the Union territory of Andaman”.
The bidder shall be responsible for the following items in line with the Supply Schedule (Clause no.2
of SCC) in accordance to the provisions of this RFP document:
1. Solar PV modules consisting of required number of Crystalline PV modules.

2. Grid interactive Power Conditioning Unit with Remote Monitoring System
3. Mounting structures
4. Junction Boxes.
5. Earthing and lightening protections.
6. IR/UV protected PVC Cables, pipes and accessories
7. Comprehensive Onsite Maintenance Warranty for a period of 10 years
8. Quality assurance checks (Sample Quality Assurance Plan (QAP) has been attached as
Annexure-VII)
Bidder/SI shall ensure that supplied material for this package should be in accordance to the technical
specification as mentioned in the Annexure-III and further ensure that the system/s shall commissioned
successfully on time and operate reliably for the project duration of 10 years.
Rooftop solar PV based projects with a cumulative capacity of approx. 7.5MWp may be taken up for
implementation under CAPEX model with 10 years O&M.
This project should be implemented with Domestic Content Requirement (DCR) and should be
Make in India compliant.

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Break-up of Tender Lots is as follows:
% of total
Lot No Region Total Capacity (kW)
capacity
Lot-1 Northern Andaman 2680 36%
Lot-2 Middle Andaman 4755 64%
Break-up of the solar project capacities is tabulated below:
Solar PV Rooftop Total Quantity (No.s) Total Quantity (No.s) Maximum Capacity
System Package Northern Andaman Middle Andaman to be Offered
Capacity (Lot-1) (Lot-2) (kWp)
5 kWp 47 84 655
10 kWp 30 57 870
15 kWp 143 251 5,910
This is the tentative capacity as arrived by a preliminary survey. Actual capacity may vary.
Bidders are advised to conduct their own assessment as per the list of buildings enclosed in
Annexure-V.
Note:
 The capacity offered under each lot/package may vary depending on the open roof area and
conditions at location. EESL reserves right to change the capacity under different
lots/packages. The capacity under each lot/package may be adjusted accordingly in order to
fulfil the entire rooftop solar capacity.
 EESL also reserves rights to divert the quantity to different districts / states. However, if there
is change in location to another state, the additional transportation charges shall be agreed
upon mutually by EESL and successful bidder.
 The capacity of each project going to be developed under each lot/package should be as per
the above table. However, a variation of (±20%) of the capacity may be allowed to be installed
at any of the project sites depending on the open /vacant /shadow free area available.
The Bidder / SI has to provide the complete design document justifying the necessary AC/DC ratio.
The maximum acceptable AC to DC ratio is 1:1.20.
2.2 Key Elements
Key elements in grid connected solar powered rooftop system: Following are the key
Components of a rooftop solar PV system
 Solar PV Array
 Grid Tie String Inverters
 Metering System
 Data acquisition system / plant monitoring
a. Solar PV Array
Solar PV arrays are made up of solar PV modules which are mounted on a stable mounting
structure which are secured to the rooftop/ground. The solar array consists of individual solar
modules which in turn are made up of numerous solar cells. The Solar Module, in general,
shall be made up of crystalline silicon cells which convert sunlight into electricity.
b. Grid Tie String Inverter

The Inverter shall convert the low voltage DC from Solar PV modules to AC to operate. Solar
power inverters should have built in MPPT (Maximum Power Point Tracking) feature. Since

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the voltage generated by Solar Panel varies depending on the solar insolation, MPPT enables
solar inverters to draw maximum power from the solar panels. It’s recommended that grid tie
string inverter shall have a feature to show gross generation.
c. Metering System
As specified in clause 2.1 proposed system requires the use of a net meter—that records the
net energy export to the grid and import from the grid. All approvals/NOC/CEIG (if
applicable) including net metering procedure for the plant are to be obtained by the bidder/
SI. Building owner will provide necessary documents as required for the approvals/NOC and
shall bear all associated costs towards approvals/permits for installation.
However, bidder/SI shall provide the net meter as per the technical specs as mentioned in
Annexure-VIII.
Apart from the net meter, Bidder has to calculate the gross energy generation from the project
by taking into account the losses Eg. DC side line loss, conversion losses etc. by solar energy
generation meter as detailed below.
Solar Energy Generation Meter

i. The SI shall install a Solar Energy Generation Meter immediately after the AC output
of each solar grid inverter to measure the solar energy generation.
ii. The Solar Energy Generation Meter shall be installed in an easily accessible location.
iii. If a number of solar grid inverters that are part of a GCRTS system are connected to a
common solar grid inverter AC distribution board, the Solar Energy Generation Meter
may be connected immediately after the output of this common solar grid inverter AC
distribution board so that the total of energy generation by all solar grid inverters is
recorded by a single energy meter.
iv. The Solar Energy Generation Meter shall be of the direct reading type for solar grid
inverters.
v. The solar energy produced shall be measured with a solar energy generation meter,
which shall be connected closed to the solar grid tied inverter and shall be connected in
the AC output circuit of the inverter.
vi. The direct reading Solar Energy Generation Meters shall be of accuracy class 1.0 as per
IS13779-1999. The indirect reading Solar Energy Generation Meters shall be of
accuracy class 0.5 as per IS14697-1999.
vii. The Solar Energy Generation Meters shall be of the bidirectional digital type with a
liquid crystal display.
viii. The display parameters of the Solar Energy Generation Meters shall be as given below:

Page 8 of 78
Auto-scroll display mode:
Manual scroll display mode:
The above mentioned auto-scroll parameters and additional parameters as may be

specified by EESL shall be included in the manual scroll display mode.
i. The AC output of the solar grid inverter shall be connected to the incoming (source)
side of the Solar Energy Generation Meter terminal block. The interconnection
with the building’s electrical system shall be connected to the outgoing (load) side
of the Solar Energy Generation Meter terminal block.
ii. For the purpose of Guaranteed Energy Generation in accordance to section 3(iv),
EESL will use the active energy net reading (OBIS code 16.8.0) so that self-
consumption by the GCRTS system, if any, is taken into account and deducted
from the solar energy generation to be paid for.
iii. The Solar Energy Generation Meters shall have a remote reading facility enabled
by a communication system and protocol that will be specified by EESL. The
parameters that shall be remote readable must include the auto-scroll display
parameters as given in clause viii above.
iv. It is the responsibility of the SI to maintain the Solar Energy Generation Meters as
may be directed by EESL. Solar Energy Generation Meters shall not be
disconnected, removed or replaced without prior approval by EESL.
v. Solar energy generation as may be recorded and displayed by the solar grid inverter
shall not be used for the purpose of energy generation guarantee. Only the readings
of the Solar Energy Generation Meter shall be used for calculating the guaranteed
energy generation.
d. Remote Monitoring System
i. The System Integrator shall ensure that all GCRTS system are with Remote Monitoring
Systems (RMS) enabled. The data from such RMS enabled projects would be monitored

Page 9 of 78
or analysed remotely by EESL independently or at its centralized monitoring centre, to
ensure desired level of performance.
ii. The SI shall have no objection to provide access to RMS for data acquisition and
monitoring the performance of GCRTS system by EESL
iii. The SI shall support EESL in establishing technical handshake between the RMS and the
Centralized Monitoring System being established by EESL or its appointed agency
iv. The SI shall ensure that the connectivity of the project with Centralised Monitoring
System of EESL is uninterrupted at all times during O&M period and shall make all
necessary arrangements for the same.
v. EESL or its authorized agency reserves the right to validate the authenticity of such data
for which SI has to extend full access and cooperation.
e. Data acquisition system / plant monitoring
i. A data acquisition system shall be provided for each of the GCRTS systems.
ii. A data logging provision to be given for plant control and monitoring, time and date
stamped system data logs for analysis with a high quality, suitable computer. Metering
and instrumentation for display of system parameters and status indication to be
provided.
iii. Solar Irradiance: a pyranometer / solar cell based irradiation sensor (along with
calibration certificate) to be provided to measure the PR at the time of commissioning.
iv. Temperature: Temperature probes for recording the solar PV module back surface and
ambient temperature to be provided complete with readouts integrated with the data
logging system at the time of commissioning.
v. The following parameters are accessible via the operating interface display in real time
separately for solar power plant:
a) AC Voltage.
b) AC Output current.
c) Output Power
d) Power factor.
e) DC Input Voltage.
f) DC Input Current.
g) Time active.
h) Time disabled.
i) Time Idle.
j) Power produced
k) Protective function limits (e.g.: AC over-voltage, AC under-voltage, over-
frequency, under-frequency)
vi. Computerized DC string/ array monitoring and AC output monitoring shall be provided
as part of the inverter and/or string/array combiner box or separately.
vii. String and array DC voltage, current and power, inverter AC output voltage and
current (all 3 phases and lines), AC power (active, reactive and apparent), power factor
and AC energy (all 3 phases and cumulative) shall be monitored.
viii. Computerized AC energy monitoring shall be in addition to the Solar Energy
Generation Meter.
ix. The data shall be recorded in a common work sheet chronologically date wise. The data
file shall be MS Excel compatible. The data shall be represented in both tabular and
graphical form.
x. All instantaneous data shall be shown on the computer screen.
xi. Software shall be provided for USB download and analysis of DC and AC parametric
data for individual plant.
xii. Provision for instantaneous internet monitoring and download of historical data shall be
also incorporated.
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Andaman/202109016 Dated: 22-09-2020 (Technical & SCC) 78
xiii. Remote server and software for centralized internet monitoring system shall be also
provided for download and analysis of cumulative data of all the plants and the data of
the solar radiation and temperature monitoring system.
xiv. Simultaneous monitoring of DC and AC electrical voltage, current, power, energy and
other data of the plant for correlation with solar and environment data shall be provided.
xv. Remote monitoring and data acquisition through remote monitoring system software at
the owner / EESL location with latest software/hardware configuration and service
connectivity for online / real time data monitoring / control complete to be supplied
and operation and maintenance / control to be ensured by the System Integrator.
xvi. The SI shall be obligated to push real-time plant monitoring data at specified intervals
(e.g. 15 minute) through open protocol at receiver location (cloud server) in
XML/JSON format, preferably. Suitable provision in this regard will be intimated to
the SI’s.
xvii. Grid Outage data shall be provided.
3. Scope of work
The scope of this RfP in brief is as follows:
Survey, Design, Engineering, Supply, Construction, Erection, Testing & Commissioning including
Comprehensive Onsite Maintenance for 10 years of Grid Connected Solar PV based Rooftop Power
Plants of cumulative capacity of 7.5MWp in various Buildings in the Union Territory of
Andaman, on turnkey basis. System Integrator shall have to take approval of the engineering
documents, Bill of Materials from EESL prior to commencement of the work. Comprehensive
maintenance includes 10 years unconditional onsite warrantee for trouble free running of the system
after successful commissioning and proper handing over. SI to provide adequate training to building
owner for operating and maintaining the system.
Solar PV modules
Solar PV modules as per the technical specifications given in Annexure-III
Grid-tie String Inverter
Grid-tie String Inverter as per the technical specifications given in Annexure-III
Broadly, System Integrator’s (SI) scope of work shall include the following:
i. Site survey
SI will be responsible for carrying out site survey activities (not limited to);
 Carrying out the site survey as per pre-feasibility report format enclosed in Annexure IV.
 Identify shadow free area and submit site clearance report to EESL
 A layout plan of the site clearly indicating the identified location for installation of SPV
Modules, and other BoS
 An array layout that shows how the solar panels will be installed/mounted
SI shall estimate the BoS required for the complete system installation including
synchronization with grid and trouble free operation. BoS shall include items such as (not
limited to);
 Module Mounting Structure (MMS)
 Grid –tie inverter of suitable capacity
 Array Junction Box (AJB), Combiner box, MC4 connectors as per requirement
 All approvals/NOC for the plant are to be obtained by the system integrator. Rooftop
Owner may only provide necessary documents as required for the approvals/NOC.
 Protection devices such as Surge Protection Devices (SPD) on both DC and AC sides
including inverter, lighting arrestors etc.

 Grounding, Earthing arrangement as required
 Complete civil work
 Cables, Cable housing/Conduits, ACDB (if any), junction boxes, nut- bolts etc. as per
requirement
SI shall submit all engineering documents/drawing including Bill of Material (BoM) to

EESL/DISCOM.
ii. Supply, Installation & Commissioning

SI shall be responsible for supplying all the necessary items not limited to serial no. i of Clause
3. SI shall also be responsible for carrying out coordination with DISCOM and for:
 Arranging all necessary permits/approvals for Installation/Synchronization/
Commissioning.
 Submission and approval of all necessary documents/drawings to DISCOM
 Installation and Commissioning of complete system as per schedule given in RfP
iii. Performance Guarantee (PG) test/ Trial run

SI shall carry out PG test/ trial run in presence of EESL and DISCOM and submit Project
Completion report (as per Annexure VI) to EESL. Based on satisfactory performance of the
system, EESL will issue a commissioning certificate to the SI. Issuance of commissioning
certificate to the SI may be treated as completion of system.
iv. Comprehensive onsite maintenance warranty for a period of 10 years

SI shall provide comprehensive onsite maintenance warranty for a minimum period of ten
(10) years and will be the nodal point between Building Owner, EESL and DISCOM for this
project.
SI will be responsible for day to day operation and maintenance of systems for a period of 10
years and will submit Monthly/Quarterly/Half yearly reports to EESL. The formats / templates
of the reports will be given to the SI separately. SI will be responsible to identify, report any
sort of error/operational issues to EESL/Suppliers and troubleshooting of the system during
O&M period.
It’s the responsibility of the SI to get the modules cleaned during O&M period.
SI shall be responsible for making any fee/charges etc. during the O&M period for smooth
and un-interrupted operation of the Grid connected solar PV based rooftop system.
During the warrantee period, the Bidder/SI shall ensure proper functioning of the systems and
complaint, if any, raised to the Bidder/SI against the system, will have to be attended within
48 hours of receiving of such complaints in any form.
Bidder shall provide a contact no. to the building owner/EESL for reporting of complaints.
In case of any short fall in the guaranteed energy units by the Bidder /SI due to any of the
reasons then penalty as per clause sl no. LD of Part – D shall be imposed.
If the Bidder/SI still does not attend the complaint within the above, mentioned period then
the Bidder/SI may be blacklisted by EESL and a legal proceeding may be initiated against the
Bidder/SI for breach of the agreement.
The Bidder/SI shall affirm as per standards for quality that anything to be furnished shall be
new, free from all defects and faults in material, workmanship and manufacture, shall be of
the highest grade and consistent with established and generally accepted standards for material

of the type ordered, shall be in full conformity with the specifications, drawing or samples, if
any and shall if operable, operate properly.
The Bidder/SI shall be responsible for the water proofing of the roof disturb/pierced during
installation of the project or during O&M period. The Bidder/SI should immediately take
necessary action to repair any damage to the water proofing. However, in such situations, the
Bidder/SI shall pay any loss or damage to the project and rectify the same within reasonable
time frame. If the Bidder/SI fails to carry out required water proofing within 15 days from the
date of identification of issue, the Rooftop Owner/EESL may rectify the same at the prevailing
market rate and the Bidder/SI shall reimburse the same with PMC (@15%) charges to the
Rooftop Owner/EESL with 30 days from date of submission of invoice. If the Bidder/SI fails
to reimburse the expense to the Rooftop Owner/EESL, then such expenses shall be adjusted
by the EESL from the O&M payment.
GCRTS systems performance evaluation
The Bidder/SI shall be required to meet a minimum guarantee solar energy generation with a
minimum Performance Ratio (PR) of 75% at the time of commissioning.
GCRTS systems with a Performance Ratio (PR) of less than 75% shall not be considered for
declaration of Commercial Operation Date.
Guaranteed Energy Generation
 Minimum number of units generated by each system in the first year is tabulated below:
System Capacity (kWp) 1

kWh per annum (in the first year) 1,226
 The System performance will be evaluated through number of units (kWh) generated in
any year from the project.
 The guaranteed energy generation per annum shall be calculated based on the pro rata
basis based on the total installed capacity (kWp) by the Bidder / SI.
 The annual guaranteed energy generation is calculated for 12 months from the date of
COD. The annual guaranteed energy generation from solar projects shall be calculated
after deducting the auxiliary power consumption (including imports for power plants, if
any)
 The minimum annual guaranteed energy generation may be adjusted against the period
for which the DISCOM’s grid is not available (shall be counted from 8:00 AM to 6:00
PM shall be counted). The SI shall make the necessary arrangements to keep the record
of Energy Generation, Plant Outages and Grid unavailability period. The loss of energy
due to faults from the plant side shall not be considered for the estimating the annual
energy generation. The grid unavailability period shall be duly certified by the Rooftop
Owner and EESL officials. The grid unavailability report shall be submitted by Bidder/SI
to Rooftop Owner and EESL on monthly basis.
 During O&M contract, the system performance will be evaluated based on guaranteed
energy generation. Second year onwards a linear degradation of the solar module output
(i.e., 0.75% per year) may be considered for the project period.
 Bidders are expected to make their own study of solar radiation profile and other related
parameters of the area & make sound commercial judgment about the guaranteed energy
generation. It shall be the responsibility of the Bidder to assess the corresponding solar
insolation values and related factors of solar plant along with expected grid availability.
 The Bidder / SI may deploy string or central type grid tie invertors.
 During the project period, the SI shall operate and maintain the solar plant with full
reliability and up keep.

 The final tests to prove the guaranteed performance parameters shall be conducted at site
by the SI in presence of the EESL/Rooftop Owner. The SI's Engineer shall make the
solar plant ready to conduct all necessary tests. The Performance Guarantee Tests (PG
tests) shall be commenced, within a period of one (1) month after successful
Commissioning. Any extension of time beyond the above one (1) month shall be mutually
agreed upon. These tests shall be binding on both the parties to the contract to determine
compliance of the equipment with the guaranteed performance parameters.
v. Bidder/SI further will be responsible for (but not limited):

a. To prepare a Quality Assurance (QA) and Quality Control (QC) Plan with the
approval of the EESL
b. Field quality inspection of ongoing/completed works
c. PDI (along with representative of EESL) of material at manufacturers facility on
sample basis.
d. Bidder shall submit the weekly/monthly reports including joint meter reading
statements.
vi. Risk liability of all personnel associated with implementation and realization of the project
will be bidder’s scope.
vii. SI will also be responsible for providing trainings to Rooftop Owner /EESL on various aspects
of design and for operating and maintaining the system after commissioning of the project.
The schedule of training programs and the number of participants will be informed later to the
SI.
SI shall furnish all necessary information to EESL for complete system including Warrantee,
Do & Don’ts etc. so as to avoid further misunderstandings and disputes. Bidder/SI shall ensure
detailed planning for time bound smooth execution of the project.
Bidder shall consolidate all the User Manuals from Solar PV module supplier, Inverter
supplier, and other items including BoS and submit the consolidated copy to
EESL/beneficiary.
4. Operation and Maintenance (O&M)
The Bidder/ SI shall be entrusted to carry out the total O&M activities of the Solar Power Generating
System(s) upto the interconnection point as per the scope of work for the 10 (Ten) years with
immediate effect from the date of operational acceptance.
a) The Turnkey Bidder/ SI shall be responsible for all the required activities for the successful
construction, running, guaranteed energy generation & maintenance of the Solar Power
Generating Systems covering:
i. Deputation of qualified and experienced engineers Supervisors & Technicians.
ii. Successful running of Solar Power Plant for guaranteed energy generation.
iii. Co-ordination with Rooftop Owner/Building Owner as per the requirement on behalf
of EESL for Joint Metering Report (JMR), furnishing generations schedules as per
requirement, revising schedules as necessary and complying with grid requirements
updated time to time.
iv. Monitoring, controlling, troubleshooting maintaining of logs & records, registers.
v. Supply of all spares, consumables and fixing / application as required.
vi. Supply & use of spares, consumables, tools, logistics and skilled manpower
throughout the maintenance period as per recommendations of the equipment

manufacturers and requirement of the Plant & other associated infrastructure
developed under the scope of EPC works.
vii. Conducting periodical checking, testing, overhauling, preventive and corrective action.
viii. Up keeping of all equipment, Solar PV modules, inverters etc.
ix. Arranging & updating any licenses/permits required for successful operation of plant
(s).
x. Submission of periodical reports to EESL on the energy generation & operating
conditions of the power plant.
xi. Furnishing generation data monthly to EESL/Rooftop Owner by 3rd of every month.
xii. The Bidder/ SI shall be responsible for making all the payments towards renewal of all
the permits / clearances etc. (if required) to the Government bodies /DISCOM for
smooth operation of the project.
xiii. Periodic cleaning of solar modules as per the recommendations of OEM & existing
site conditions.
xiv. Repair & replacement of components of SPGS including all other associated
infrastructure developed as a part of EPC Works which has gone faulty or worn-out
components including those which has become inefficient.
b) Continuous monitoring the performance of the Solar Power Generating

Systems and regular maintenance of the whole system including Modules,
PCU’s, outdoor/indoor panels/ kiosks and other infrastructure developed as a part of EPC
works in order to extract & maintain maximum energy output from the SPGS &
serviceability from the associated infrastructure.
i. Preventive and corrective maintenance of the complete Solar Power Plant and associated
infrastructure developed as a Part of EPC work, including supply of spares, consumables,
repair & replacement of wear and tear, overhauling, replacement of damaged modules,
invertors, PCU’s and insurance covering all risks (Fire & allied perils, earth quake,
terrorists, burglary, power output warranty of solar PV modules for 25 years and others)
as required, for a period of 10(Ten) years from the date of start of O&M of the project.
ii. The period of Operation and Maintenance will be deemed to commence from the date of
Operational acceptance. EESL may extend the O&M period beyond the project duration
at mutually agreed terms and conditions.
iii. All the equipment required for Testing, Commissioning and O&M for the healthy
operation of the SPGS must be calibrated, time to time, from the NABL accredited labs
and the certificate of calibration must be provided prior to its deployment.
c) Operation and Performance Monitoring

i. Operation part consists of deputing necessary manpower required to operate the
Solar Power Generating System (s) at the full capacity. Standard Operation
procedures (SOPs) such as preparation to starting, running, routine operations with
safety precautions, monitoring etc., shall be carried out as per the
manufacturer’s instructions & best engineering practices to have trouble free &
optimum operation of the complete system with maximum possible energy
generation.
ii. Daily work of the operation and maintenance in the Solar Power Generating System
(s) involves periodic cleaning of Modules, logging the voltage, current, power factor,
power and energy output of the Plant at different levels along with fault/breakdown
log. The operator shall also note down time/failures, interruption in supply and
tripping of different relays, reason for such tripping, duration of such interruption etc.
The operator shall record monthly energy output, down time (due to solar power plant
and grid), fault logs & their Root Cause Analysis reports etc. The Bidder/ SI shall get

the plant outage and grid outage periods certified by Rooftop/Building Owner on
monthly basis along with JMR.
d) Maintenance
i. The Bidder/ SI shall carry out the periodical plant maintenance as given in the
manufacturer’s service manual and perform operations to achieve committed
generation.
ii. Earth resistivity of plant as well as individual earth pit is to be measured and recorded
every month. If the earth resistance is high, suitable action is to be taken to bring
down the same to required level.
iii. A maintenance record is to be submitted to operation/engineer-in-charge to record the
regular maintenance work carried out as well as any breakdown maintenance along with
the date of maintenance reasons for the breakdowns steps have taken to attend the
breakdown duration of the breakdown including action taken to avoid the same in future.
iv. The Schedules will be drawn such that some of the jobs other than breakdown, which may
require comparatively long stoppage of the power plant, shall be carried out preferably
during the non-sunny days/night. An information shall be provided to Engineer-in-charge
for such operation prior to start.
v. The Bidder / SI will attend to any breakdown jobs immediately for repair/replacement
/adjustments and complete it at the earliest working round the
clock. During breakdowns (not attributable to normal wear and tear) at O&M
period, the Bidder / SI shall immediately report the accidents, if any, to the Engineer
In-charge showing the circumstances under which it happened and the extent of damage
and or injury caused.
vi. If negligence / mal-operation of the contractor’s operator results in failure of equipment
such equipment should be repaired replaced by contractor at free of cost.
e) Quality Spares & Consumables
In order to ensure longevity and safety of the core equipment and optimum performance of
the system the contractor should use only genuine spares of high quality standards.
f) Required Documentation:
Complete documentation shall be provided for the design, manufacturing/assembling, testing,

installation, commissioning, start-up, operation, maintenance, repair and disposal of the solar
power generating system components.
The bidder shall provide the following minimum documentation:
1. Project design document containing detailed engineering calculations, losses, drawings,

array layouts, simulation reports, performance guarantee etc.
2. Technical data sheets
3. Test reports and commissioning protocols
4. Installation, operation and maintenance manual

5. Bill of Quantity
The equipment and the material for GCRTS systems shall include, but not limited to the
following
Item Details (along with make & specifications) Unit

Solar PV modules Nos.
Module Mounting Structures including fasteners and clamps Set
Main Junction Boxes with monitoring capabilities Lot
Solar module array to Junction box Interconnection cable (Cu), MC4 Connectors RM
Junction box to Inverter Interconnection Cable (Cu/ Al) RM
Connection accessories – lugs, ferrules, glands, terminations etc. Lot
AC Cable (LT/ HT) of appropriate sizes RM
Power Conditioning Units/ Inverters Nos.
Remote monitoring system Set
Required Circuit breakers Set
AC & DC distribution panels/ boards, PDB, LDB etc. Lot
Control and Relay Panel Lot
Lightning Arresters of suitable ratings Nos.
Control and power cables Lot
Surge Protection devices and Fuses Set
Earth cables, flats and earthing pits Lot
Cable for power evacuation with suitable support system. Lot
Signboards Lot
Danger sign plates, anti-climbing etc. Lot
All the information above her is indicative only and may vary as per design and planning by the
Bidder/SI. The Bidder/SI must provide the BOM of the plant as per the design along with invoice of
the supply order after delivery.
6. Minimum Local Content Requirement
Bidder shall comply with the minimum local content requirement for Grid Connected Solar Power
Projects notified by Ministry of New and Renewable Energy (Govt of India) vide Office Memorandum
Number F. No. 146/57/2018-P&C dated: 11-12-2018 for “Implementation of Public Procurement
(Preference to Make in India) order for renewable energy sector – reg”
The notified minimum percentage of local content is as follows:
Renewable Energy Technology Minimum percentage of Local Content

Required for the renewable energy
products
Grid Connected Solar Power Projects Solar Modules : 100
Other components like inverter etc : 40

Bidder shall submit a certificate stating the minimum percentage of local content as per the format
given in Attachment-14 of Section-6 of Tender Document. The certificate shall be from the statutory
auditor or cost auditor of the company (in case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than companies) giving the percentage
of local content. It is mandatory to mention UDIN No in the certificate.
NOTE : False declarations will be in breach of the code of integrity under Rule 175(1)(i)(h) of
the General Financial rules for which a bidder or its successors can be debarred for up to 2 years
as per Rule 151(iii) of the General Financial rules along with such other actions as may be
permissible under law.
Only those bidders who comply with the minimum local content requirement as
mentioned above shall be eligible to bid.
7. Qualifying Requirements:
In addition to the satisfactory fulfillment of requirements stipulated under section ITB, the following
shall also apply:
Sr Criteria Documents to be submitted

No. (B) (C)
(A)
1 The bidder should be: Photocopy of Certificate of Incorporation issued
by the Registrar of Companies
A firm registered/ incorporated under AND
Companies Act, 1956 or Companies Act, Memorandum of Association, Article of
2013, and further amendment (s) Association needs to be attached along with the
bid. The bidder should also highlight the relevant
provision/ article number which highlights the
objects relating to the business fields mentioned
in the previous column.
OR OR
A registered partnership firm (registered A Registered partnership deed

under section 59 of the Partnership Act,
1932)
OR OR
A limited liability partnership (under the LLP Registration Certificate issued by competent
Limited Liability Partnership Act, 2002) Govt. Authority
(No Consortium is allowed in this tender All the bidders shall also provide Copy of GST
except NSIC consortium as mentioned Registration Certificate and PAN Card.
below)
2 The bidder should be minimum three (03) Photocopy of Certificate of Incorporation issued
years old as on date of publication of by the Registrar of Companies
tender .
OR
A Registered partnership deed
OR
LLP Registration Certificate issued by competent
Govt. Authority (As applicable)

3 Bidder should have successfully Bidder shall provide Copy of all the claimed
completed ‘similar work’ of following Work/ Purchase Orders/ Supply Orders/
cumulative capacity within the last five Contracts/ LOAs
(05) years (as on date of publication of Along with
tender):
Material Receipt Certificates/ Work Completion
(A) For participation in Lot-1 Certificates/ Payment Receipts/ Client’s Letter
 One work order of cumulative regarding release of Security Deposit/ CPG on
capacity of at least 2.1MWp successful completion of Order are required to be
OR submitted in order to justify completion of work
 Two work orders of cumulative mentioned in Work Order.
capacity of at least 1.3MWp each.
OR The submitted proof must clearly mention value
 Three Work orders of cumulative (in MW) of work executed as asked in the
capacity of at least 1MWp each. qualifying criteria. Completion certificates must
have the reference no of original work order.
(B) For participation in Lot-2
 One work order of cumulative Work Orders/ LoAs should be from any
capacity of at least 3.8MWp Government/ PSUs/ ULBs/ DISCOM only.
OR
 Two work orders of cumulative All bidders must submit the above mentioned
capacity of at least 2.3MWp each. documents in line with ‘Similar Works’ defined
OR in previous column.
 Three Work orders of cumulative
capacity of at least 1.9MWp each.
‘Similar Works’ means - Design, Supply,

Erection, Testing and Commissioning of
grid connected solar rooftop PV power
plants
In case bidder is participating for more

than one Lot, then cumulative sum of the
required Past Experience criteria
mentioned above against each Lot shall
be considered. For Example, if a bidder is
participating for Lot-1 and Lot-2, then the
past experience of the bidder shall be:
 One work order of at least 5.9MWp.

OR
 Two work orders of at least
3.6MWp each.
OR
 Three work orders of at least
2.9MWp each.
4 Bidder shall submit Satisfactory Letter from Client/Owner confirming
performance of 50 kW or above Plant satisfactory performance of 50 kW or above Plant
since last six months calculated since last six months calculated (backward) from
(backward) from the date of publication the date of publication of NIT/RfP. Client/Owner
of NIT/RfP. shall be any Government Dept./ PSUs/ ULBs/
DISCOM only.
5 The bidder(s) shall be a manufacturer of Copy of Excise Duty/GST Registration
inverters or solar modules or EPC or SI. Certificate as a ‘Manufacturer’ and Factory
License under the Indian Factories Act, 1948.

The submitted document shall clearly justify the
manufacturer status of the bidder. In case above
mentioned documents are not clarifying the
Manufacturer status, then relevant document
issued by competent Govt. body/authority shall
be submitted by the bidder.
In case of EPC/SI, the bidder shall submit an

undertaking from module manufacturer
confirming the supply of modules if tender is
awarded to the bidder.
[NOTE: Module manufacturer giving such

undertaking to EPC/SI bidder, shall NOT
participate as individual bidder in this tender]
6 Bidders should have following Average Duly authorized copy of audited annual report is
Annual Turnover (ATO) for immediately to be submitted by respondent along with CA
preceding last three financial years i.e. certificate.
2016-2017, 2017-18 & 2018-19
 For participating in Lot-1 : ₹ 4.96

Crores
 For participating in Lot-2 : ₹ 8.8
Crores
Turnover means revenue from operations

(excluding other income)
In case bidder is participating for more

than one lot, then cumulative sum of the
required turnover criteria mentioned
above against each lot shall be
considered. For Example, if a bidder is
participating for Lot-1 and Lot-2, then the
required annual ATO requirement shall
be (₹ 4.96 Cr + ₹ 8.8 Cr) = ₹ 13.76 Crores
7 The Bidder should be profitable (net Duly authorized copy of audited annual report is
profit) in any of the two previous to be submitted by respondent along with CA
financial years out of last three completed certificate.
financial years
The bidder shall submit last 3 years' audited
Profitability means: Profit after tax financial statements i.e. FY 2016-17, FY 2017-
18 & FY2018-19.
8 The Net worth of bidder as on the last day Duly authorized copy of audited annual report is
of preceding financial year (2018-19) to be submitted along with a practicing CA’s
shall not be less than 100% of the paid- certificate.
up share capital.
The bidder shall submit last 3 years' audited
Net worth implies to the sum total of the financial statements i.e. FY 2016-17, FY 2017-
paid-up share capital and free reserves. 18 & FY2018-19.
Free reserves means all reserves credited
out of the profits and share premium
account but does not include reserves
credited out of the revaluation of the
assets, write back of depreciation
provision and amalgamation. Further,

any debit balance of Profit and Loss
account and miscellaneous expenses to
the extent not adjusted or written off, if
any, shall be reduced from reserves and
surplus.
In case of LLP firm, closing capital of

previous year (2018-19) should not be
less than opening capital of same period
(2018-19). It will be considered as
negative net worth and vice versa.
9 The bidder should have office setup in Photocopy of any of the following:
Andaman.  Valid shops and establishment registration
certificate from the local municipality/state/UT
In case a bidder is not having an office
setup in Andaman, then in such a case an AND/OR
undertaking shall be provided by the
bidder on its letter head to setup an office  Notary attested photocopy of duly registered
in Andaman within 30 days of issuance rent/lease agreements copy along with rent paid
of LoA. receipt not older than 3 months from date of
tender.
AND/OR
 Utility bill (water, electricity, landline,

telephone or postpaid mobile phone or gas bill)
not older than last three months from the date
of tender.
OR
Undertaking on Letter Head to setup office in
Andaman within 30 days of issuance of LoA.
Important Points:
 EESL reserves the right not to seek any deficient document/clarifications from the bidders
after opening of techno-commercial bid. If any bid is found to be in non-conformance to the
tender conditions or deviating from the tender, EESL reserves the right to out rightly reject
such bid without seeking any clarification. Bidder to take cognizance of the same and submit
their bid accordingly.
 EESL reserves the right to use in-house available data, if required, to evaluate the tender
including data/documents submitted by the vendor in their previous tender(s). however, this
should not be understood that relevant documents/certificates or any other requirement as
required in the instant RfP is not to be provided by any vendor participating in the tender who
has earlier participated in any of the earlier tenders by EESL.
Note:
 All the required documents must be properly annexed and submitted as mentioned above.
 “Holding Company “and “Subsidiary “shall have the meaning ascribed to them as per
Companies Act, 1956 or, in vogue.
 In case of holding company, the holding-subsidiary relationship should be in existence for at
least one year as on the date of submission of bids.
 In case bidder is not able to furnish its audited financial statements on standalone entity basis,
the unaudited unconsolidated financial statements of the bidder can be considered acceptable
provided the bidder furnishes the following further documents on substantiation of its
qualification:
(i) Copies of the unaudited unconsolidated financial statements of the Bidder along with
copies of the audited consolidated financial statements of the Holding Company with

a letter of undertaking from holding company supported by Board pledging
unconditional and financial support. Irrevocable in the format enclosed in
Attachment-9 of Section-6, Forms & Procedures.
(ii) A Certificate from the CEO/CFO of the Holding Company, stating that the unaudited
unconsolidated financial statements form part of the Consolidated Annual Report of
the Company.
 In case a bidder does not satisfy the financial criteria, the holding company would be required
to meet the stipulated turn over requirements, provided that the net worth of such holding
company as on the last day of the preceding financial year is at least equal to or more than the
paid-up share capital of the holding company. In such an event, the bidder would be required
to furnish along with its bid, a letter of Undertaking from the holding company, supported by
the Board Resolution, as per the format enclosed in the bid documents (Attachment-9 of
Section-6, Forms & Procedures), pledging unconditional and irrevocable financial support for
the execution of the Contract by the bidders in case of award.
 In case the Bidder meets the requirement of Net worth based on the strength of its
Subsidiary(ies) and/or Holding Company and/or Subsidiaries of its Holding Companies
wherever applicable, the Net worth of the Bidder and its Subsidiary(ies) and/or Holding
Company and/or Subsidiary(ies) of the Holding Company, in combined manner should not be
less than 100% of their total paid up share capital. However individually, their Net worth
should not be less than 75% of their respective paid up share capitals.
 In case bidder, has been found to be defaulting on the delivery period (in each LoA issued) as
per assessment (supply, installation etc.) will be liable to be rejected. Bidder have to provide
the quantity (Nos. & Percentage) supplied and installed against each LoA awarded by EESL
at the date of submission of bid.
 Other income shall not be considered for arriving at annual turnover.
 The supporting documents in support of above Qualification Requirement should be
submitted along with tender document, otherwise Techno-commercial offer submitted by the
bidder is liable to be considered as non-responsive.
 All the required documents must be properly annexed and submitted as mentioned above with
necessary details in brief.
Conditions for NSIC Consortium:
 No Consortium is allowed in this tender except NSIC Consortium.

 NSIC Consortium shall consist of maximum Three members including NSIC as lead member.
 In case a group of MSMEs registered with NSIC (under single point registration scheme) form
a consortium under NSIC, the Consortium needs to provide an authorization letter from NSIC
accepting the terms and conditions of tender (except for those terms and conditions in which
NSIC consortia are given special status as per Government of India Policy for the Government
Purchase Program) and also provide details of Consortium members, their manufacturing
capacities, the share-out of quantities with schedule of supplies as per EESL tender schedule.
Further, NSIC consortium mandatorily submits their service tax, pan card and other relevant
documents.
 In this tender, only one bid from NSIC Consortium will be accepted.
 In case of Consortium of NSIC, the lead members/ partners in the consortium shall not
separately participate as independent bidder or as members of any other consortium in this
bidding process. All bids in contravention of this shall be rejected. NSIC consortium members
should be from relevant industry only as mentioned in QR.
 Further, MSMEs are also eligible to participate in tender directly provided they meet all QRs
in their individual capacities and are not part of NSIC Consortium or any other Consortium.
NOTE: The supporting documents in support of above Qualification Requirement should be

submitted along with tender document, otherwise tender will rejected.

If bidder is not meeting any Qualification Requirement as defined above, it should clearly
intimate the same in deviation form or on its letter head.
EESL reserves the right to reject a bidder if their past supply/ installation track record has been
unsatisfactory and if bidder is engaged in a current project but is unable to keep up with the
project schedule in quantity/ quality as prescribed by Project In-charge and if EESL has
sufficient reason to believe that the Bidder is unsuitable for taking up a project in this tender.
------------------------------------------------------------------------------------------------------------------------

SPECIAL CONDITIONS OF CONTRACT (SCC)
Special conditions will prevail upon the instruction to Bidders and other terms and conditions
1. Terms of Payment:
Payment towards Design, Engineering, Supply, Construction, Erection, Testing,

capacity of approximate 7.5MWp in various Buildings in in the Union Territory of Andaman
shall be made in the following manner to successful system integrators.
a. 60% of the supply + installation and commissioning value (i.e. Part A1 or A2 or A3 as per
Price Bid) after delivery & acceptance of material at site duly certified/verified by EIC of
EESL.
b. 30% of the supply + installation and commissioning value (i.e. Part A1 or A2 or A3 as per
Price Bid) after satisfactory commissioning with net-metering and completion certificate by
EESL/concerned government department.
c. 10% of the supply + installation and commissioning value (i.e. Part A1 or A2 or A3 as per
Price Bid) after one year of reliable and trouble free operation and demonstrations of the
guaranteed Energy generation by the GCRTS system as per RfP from the date of
commissioning
Payment during O&M Period (1st year to 10th year)
Successful bidder(s) shall be paid O&M value (i.e. Part B1 or B2 or B3 as per Price Bid) for 10
years on yearly basis as per the awarded contract value.
Please note that in price-bid table of each lot, cost of O&M (Part B i.e. B1 or B2 or B3)
should not be less than 12% of the respective total cost of Part A + Part B (i.e. Part A1+B1
or A2+B2 or A3+B3) of the price bid table of quoted lot. This amount will be released in
equal installments during the O&M period at the end of each year (for 10 years) of
satisfactory performance. In case, quoted price for Part B (i.e. B1 or B2 or B3) of Price bid
for each lot is less than 12% of respective total cost of Part A + Part B (i.e. Part A1+B1 or
A2+B2 or A3+B3) then in LoA/LoI, cost of Part B (i.e. B1 or B2 or B3) shall be fixed at 12%
of respective total cost of Part A + Part B (i.e. Part A1+B1 or A2+B2 or A3+B3) and cost of
respective Part A (i.e. A1 or A2 or A3) shall be reduced proportionately keeping total of
respective Part A + Part B ((i.e. Part A1+B1 or A2+B2 or A3+B3) equal to cost quoted in
price bid.
The payment(s) shall be processed upon receipt of the following:
i. Acceptance of LoA and signing of Contract Agreement.

ii. Submission of required Contract Performance Guarantee (CPG) as per the CPG Clause.
Note: The Price will remain firm till the execution of the contract.
Other terms and conditions related to payment terms:
 At the time of payment of bills, the income tax, if any, shall be deducted at source as per
Government rules and guidelines as may be prevailing at the time of payment. Further, for
availing the benefit of lower income tax rates supplied from outside the Purchaser’s country,
Supplier shall provide Income Tax Clearance Certificate (ITCC)/ Tax Residency Certificate
or any other relevant document/certificate as per prevailing law, from concerned tax
authorities for claiming lower tax deduction, if any.
 All the invoices shall be submitted to EESL for payment, once in a month only. Payment will
be made to the bidder within 30 Days after submission of Invoice complete in all respect i.e.

with all the required documents and compliance of relevant terms & conditions of LOA duly
accepted & certified by EIC, EESL
 If the invoice is incomplete in any respect or if there is any non-compliance with relevant
Terms & Conditions of LOA, counting of 30 days due date shall start from the date of
submission of all necessary documents provided relevant terms & conditions of LOA have
been fulfilled.
2. Completion Time
Scope Details
Contract Period (in years) 10 years from the COD of the Project
Issuance of Notice to Proceed for Supply, Within One year from the date of issuance of
Installation, Testing, Commissioning, LoA
Synchronization etc
Entire material to be delivered and complete system integration as per this RFP document is to be
completed as per the below project timelines
The time lines for Completion of the EPC Works is 90 days from the date of issue of NTP (Notice to
Proceed).
I. Site Survey:
S.No. Activity Milestone Date Remarks

1. List of project sites by EESL Zero Date (D)
2. Site Survey D+17 days Signing of MoM with Rooftop
Owner, EESL. Submission of
array layout, site survey report by
Bidder / SI
II. Implementation Schedule of Solar Power Plants:
The date of handover of site (s) to the contractor for implementation of Grid connected solar
rooftop project shall be treated as Zero date. The contractor shall submit the detailed execution
plan within one week (07 days) from the date of issuance of NTP. The project shall be
commissioned in 90 days from the date of NTP.
S.No. Activity Milestone Date

1. Issue of NTP / site handover letter Zero Date (D)
2. Commissioning of Solar Power Plant D+90 days
The commercial operation day (COD) shall be the date declared by the Bidder/SI and approved
by EESL on which the GCRTS system has been, synchronized with the gird and verified for its
designs specification and performance evaluation requirements and for which all the necessary
documentation provided to DISCOM for net-metering along with submission of project
completion report as per Section IV.
In case of any delay in net-metering approval after installation and submission of necessary
documents to DISCOM for net-metering, then the successful bidder shall not be penalized for the
delay period.
3. Part Commissioning – Part Commissioning is NOT allowed.

4. New technology / upgradation
The Bidder is responsible for replacement of equipment (if any) during the O&M period at free
of cost. The Bidder is free to use the commercially established new technology(ies)/ upgrade the
existing equipment used in the solar power project during the O&M period. In such a case, the
Bidder has to plan the activities in a manner without effecting the minimum guaranteed energy
generation from the solar power project(s).
5. Warranty
Warranty herein means Comprehensive Onsite Maintenance Warranty for 10 years. Refer above
serial no. (iv) of clause no. 4 of Operation and Maintenance (O&M).
Warranty shall also include:
 The mechanical structures and solar PV modules of the grid connected solar PV based
rooftop system must be warranted for a minimum of 25 years.
 The SI must ensure that the goods supplied under the Contract are new, unused and of most
recent or current models and incorporate all recent improvements in design and materials
unless provided otherwise in the Contract.
 During the period of Warranty / Guarantee the SI shall remain liable to replace any defective
parts, that becomes defective in the Plant, of its own manufacture or that of its sub-SIs, under
the conditions provided for by the Contract under and arising solely from faulty design,
materials, workmanship or any reason attributable to works carried out by the SI, provided
such defective parts are not repairable at Site. After replacement, the defective parts shall be
returned to the SIs works at the expense of the SI unless otherwise arranged.
 During the Operation & Maintenance and guarantee period, the SI shall be responsible for
any defects in the work due to faulty workmanship or due to use of sub-standard materials
in the work. Any defects in the work during the guarantee period shall therefore, be rectified
by the SI without any extra cost to the EESL/Rooftop Owner within a reasonable time as
may be considered from the date of receipt of such intimation from the EESL/ Rooftop
Owner failing which the EESL reserves the right to take up rectification work at the risk and
cost of the SI.
Warranty certificate issued by the manufactures shall be submitted and individual factory test
report of manufactures shall also to be submitted along with invoice of the supply order after
delivery. Every item should bear serial number provided during the manufacturing process. These
serial numbers should be mentioned by manufacturer in all the following documents, while
submission of bills after delivery of the order items:-
a. Invoice
b. Factory test report (In house test report generated during manufacturing)
c. Warranty certificate
If SI do not rectify/supply the said problem after written notices than the defected equipment as per
BOM noticed shall be rectified/purchased through CPG amount of SI deposited in EESL.
6. Purchase Preference as per ‘Public Procurement (Preference to Make in India), Order 2017’
(Latest Amendment Dated:04-Jun-2020)
As per revised order No: P-45021/2/2017-PP (BE-II) dated: 04-Jun-2020 of Department of

Promotion of Industry and Internal Trade-
a) Only ‘Class-I Local Suppliers’ and ‘Class-II Local Suppliers’ are eligible to bid in this tender
subject to fulfillment of ‘Local Content Requirement’ clause as mentioned above.
b) Margin of purchase preference applicable to ‘Class I Local Supplier’ is 20%.

Note: Bidder shall carefully go through the above mentioned order in order to understand the
whole process and definition of various terms (e.g. Class-I Local supplier, Local content etc)
pertaining to the said order which have also been used under ‘Evaluation Criteria’ clause of the
tender.
7. Evaluation Criteria
 There are a total of 2 Lots in the Tender i.e. Lot-1 (Northern Andaman) and Lot-2 (Middle
Andaman).
 Bidders can participate in either any or all lots if they can manage to accomplish the suggested
timeline as per the Scope of Work and bidders meet the cumulative qualifying requirements
for participated lots. Bidders need to submit an undertaking mentioning the lot for which they
are participating in the format given at Attachment-11 of Section-6.
 Lot-1 to Lot-2 consist of 6 line items (i.e. A1, B1, A2, B2, A3, B3). For Lot-1 to Lot-2 bidder
has to quote for all line items mandatorily as projected in the price bid.
 Tender shall be evaluated for complete scope of work. Selection of bidder will be done on the
technically acceptable, lowest evaluated cost basis of Price-Bid.
 Each lot shall be evaluated individually and the evaluation will be done considering the prices
inclusive of GST rates (i.e. Total landed cost of Part A1+B1+A2+B2+A3+B3 of price bid
of each lot under column 6 of price bid).
 Price bid should be unconditional, failing which the bid shall be summarily rejected. The price
to be quoted as per the prescribed format of price bid. Price shall remain firm till the execution
of the contract.
 Eligibility of the participating bidder shall be determined separately for each lot as set in
qualification criteria.
 Among all qualified bids, the lowest bid will be termed as L1.
 If L1 is ‘Class-I Local Supplier’, the contract for full quantity will be awarded to L1.
 If L1 bid is not a ‘Class-I Local Supplier’, 50% of order quantity shall be awarded to L1.
Thereafter, the lowest bidder among ‘Class-I local supplier’ will be invited to match the L1
price for the remaining 50% quantity subject to the Class-I local supplier’s quoted price falling
within the margin of purchase preference, and contract for that quantity shall be awarded to
such ‘Class-I Local Supplier’ subject to matching the L1 price. In case, such lowest eligible
‘Class-I local supplier’ fails to match the L1 price or accepts less than the offered quantity,
the next higher ‘Class-I Local Supplier’ within the margin of purchase preference shall be
invited to match the L1 price for remaining quantity and so on, and contract shall be awarded
accordingly. In case some quantity is still left uncovered on Class-I local suppliers, then such
balance quantity may also be ordered on L1 bidder.
 Further, in case a party is not able to supply quantity allocated to them as per scheduled
timelines, EESL reserves the right to shift the part/full quantity to other bidder, who has
matched the price.
 In the event of tie in prices between two or more bidders, the bidder with higher turnover
will be given preference in ranking and award. Average of last two financial years shall
be considered for arriving at turnover for comparison in such cases to break the tie.
 EESL reserves the right to divert the awarded quantity of successful bidder if the bidder does
not perform within first two weeks as per the schedule.
 EESL reserves the right of reverse bidding on the prospective L-1 price in each Work/Supply
package. In case the discovered L-1 price of any package is higher than the EESL-estimated
cost or higher than the prevailing market price, EESL at its own discretion may go for reverse
bidding among the 60% of participant bidders of that package in order of L-1, L-2, ….., L-7
subject to a maximum seven nos of bidders.
 The terms and conditions pertaining to MSEs shall be referred at clause 2.4 of section II of
this tender and shall be applied accordingly [Refer to Important Note Given below].
 If any other unforeseen situation/s arise apart from those mentioned above, decision of EESL
should be binding on the Bidders.

 However, bidder has to ensure that the project completion period for the awarded work as per
the RfP timelines. If any other unforeseen situation/s arise apart from those mentioned above,
decision of EESL shall be binding on the Bidders.
 However irrespective of the qty. awarded, bidder has to ensure that the project completion
period is per the timelines of the tender.
 In case of any conflict in award of work arising between MSE bidder and ‘Class-I local
supplier’ or any other conflict arising on account of following Public Procurement (Preference
to Make in India), Order 2017 (Latest Amendment Dated:04-Jun-2020) and Public
Procurement Policy for MSE, award of work shall be made in accordance with Public
Procurement (Preference to Make in India), Order 2017 (Latest Amendment Dated:04-Jun-
2020).
IMPORTANT NOTE:
The benefits to MSEs as mentioned in Section 2, shall be available only for Goods/Services
produced & provided by MSEs.
Bidder shall carefully go through the revised criteria for classification of MSEs as per Gazette
ID Number CG-DL-E-01062020-219680 dated: 01-06-2020 and notifications/orders issued by
Ministry of MSME from time to time.
As per answer to FAQ no. 18 circulated vide Office Memorandum F. No. 22(1)/2012-MA dated
24.10.2016 “Policy is meant for procurement of goods produced and services rendered by MSEs.
However, traders are excluded from the purview of Public Procurement Policy.”
MSEs seeking exemption and benefits should enclose an attested/self-certified copy of registration
certificate as a part of their bid in Envelope-1, giving details such as stores/services, validity (if
applicable) etc. failing which they run the risk of their bid being passed over as ineligible for the
benefits applicable to MSEs.
Bidder may refer to Notes Point (c) and (g) at Page 16 of Section-2 and shall carefully go through
all the guidelines mentioned in Section-2 and ensure fulfillment of all the requirements for seeking
exemptions and benefits applicable to MSEs.
In case of submission of Udyog Aadhar Memorandum/Udyam Registration to claim benefits

applicable to MSEs, NIC (National Industrial Classification) code mentioned below at serial no 1
along with any one of the NIC codes mentioned at serial no 2 and 3 below shall be acceptable as a
proof of the fact that the bidder is registered as MSE for the tendered item.
Sr. No 5 Digit NIC Code Description

1 35105 Electric power generation using solar energy
2 42201 Construction and maintenance of power plants
3 42202 Construction/erection and maintenance of power,
telecommunication and transmission lines
Note: If NIC codes as mentioned above are not found in the submitted Udyog Aadhar
Memorandum/Udyam Registration, then in such a case the benefits applicable to MSEs shall
NOT be given to the bidder.
8. Action by EESL if L1 backs out
After opening of price bid, if L1 bidder backs out, the bidder will be put on holiday list of EESL
for a period of one year. During this tenure, the bidder will be barred from participation in EESL
tendering process. However, bidder has to continue the unexecuted work of the other prevailing
work if any under the current running contracts. Simultaneously, the EMD submitted by such
bidder against the subject tender will be forfeited. If bidder is exempted from submission of EMD,

then the EMD amount will be adjusted from the payments due to the contractor against other
running contracts. If there is no running contract of the bidder/no payment dues of the bidder then
EESL reserves the right to take any legal remedy as deemed fit to recover the penalty equivalent
to EMD amount through legal means.
9. Liquidated Damages and Penalties
In case of any delay in the execution of the SUPPLIES AND INSTALLATION, beyond the
stipulated time schedule including any extension permitted in writing, EESL reserves the right to
recover from the SI for the loss incurred due to delay in commissioning as tabulated below subject
to a maximum of 10% of the total value of the contract. However, the LD will not be applicable
for the period if delay is not on the part of Successful Bidder.
Delay Period Penalty (Liquidated Damages)

Upto 7 days 1.2 x Avg No. of units generated for 7 days (calculated on pro rate basis as
per sl no. (iv) of clause 3 of scope of work (Guaranteed Energy Generation)
of scope of work) X Rs. 5/ kWh
From 7-15 days 1.25 x Avg No. of units generated for 15 days (calculated on pro rate basis
as per sl no. (iv) of clause 3 of scope of work (Guaranteed Energy
Generation) of scope of work) X Rs. 5/ kWh
From 16-60 days 1.30 x Avg No. of units generated for 60 days (calculated on pro rate basis
as per sl no. (iv) of clause 3 of scope of work (Guaranteed Energy
Generation) of scope of work) X Rs. 5/ kWh
*If there is any delay in commissioning of project beyond 60 days, EESL reserves the right to
terminate the SI and the SI shall reimburse the loss incurred by EESL due to the project.
Alternatively, EESL reserves the right to purchase of the material and completion of the works
from elsewhere at the sole risk and cost of the successful bidder/ SI and recover all such extra cost
incurred by EESL in procuring the material from resources available including EMD/Bid security/
encashment of the bank guarantee or any other sources etc. Further, if any extra cost is incurred by
EESL due to delay in work completion by the party beyond the completion time as per PO/LOA,
the same shall be recovered from the party’s Invoice/EMD/BG etc.
In addition to above, penalty will be applied as follows which shall be over and above the LD
Provisions:
Penalty for deviation in Number of units generated:
In case the SI is not able to meet the number of units generated as mentioned in sl no. (iv) of clause
3 of scope of work in any year, then the SI shall pay the penalty as per below mentioned formula:
1.2 x No. of units shortfall (No. of kWh shortfall in a year X INR 5/kWh)
For the purpose of system performance evaluation, the grid availability, adjusted capacity
utilization factor (CUF) of each GCRTS system will be arrived at by taking into account
average daytime grid availability. For this purpose, the system monitoring equipment of the
GCRTS must include measurement of daytime (08:00 AM – 06:00 PM) grid availability at
the solar grid inverter AC terminals.
Penalty for non-availability of Remote Monitoring Systems (RMS): The Bidder/SI shall ensure
that the connectivity of the GCRST system if the monitoring system of the EESL or its partner
(appointed agency) is functional at all times. The system should have an ability to send data such
that the data is not lost due to performance and load issue. The information should be shared with
trusted systems only and should not be available to any unknown system. The Bidder/SI must
ensure the availability and connectivity of the RMS to be at least 98%. EESL may impose a penalty

of INR 100/day/GCRTS for first 3 days and INR 500/day/GCRTS thereafter for not meeting the
requirements of RMS.
10. Adjudicator:
Adjudicator under the contract shall be appointed by the Appointing Authority i.e. MD (EESL). If
the bidder does not accept the Adjudicator proposed by EESL, it should so state in its bid form and
make a counter proposal of an adjudicator. If on the day the contract agreement is signed, the EESL
and contractor have not agreed on the appointment of adjudicator, the adjudicator shall be
appointed, at the request of either party, by the appointing authority specified.
11. Arbitration:
Arbitration shall be carried out as per Arbitration Act 1996 and its subsequent amendment. The
Contract shall be governed by and interpreted in accordance with the laws in force in India. The
courts of Delhi shall have exclusive jurisdiction in all matters arising under the contract.
12. Contract Performance Guarantee
Successful bidder shall furnish the CPG in the form of Demand Draft/ Pay Order or Bank Guarantee
initially for the value equivalent to 10% of the contract value of lot size of 0.5 MWp within 28 days
from the date of issuance of LoA. Performance security for the next lot of 0.5MWp (equivalent to
10% of the contract value of lot size of 0.5MWp) shall be submitted within 15 days of issuance of
Notice to Proceed (NTP) of site beyond initial lot size of 0.5MWp. The CPG for the remaining
awarded quantity shall be submitted by the Bidder/SI in further lot sizes of 0.5MWp (equivalent to
10% of the contract value of lot size of 0.5MWp) within 15 days from the date of NTP. The Bank
Guarantee must be valid to cover Delivery Period (90 Days) + O&M Period (10 Years) + Three
Months Claim Period.
In case bidder provides Contract Performance Guarantee for a shorter duration, it shall be for a
minimum period of 3.5 years + 3 months claim period and EESL reserves the right to invoke
Performance Security in case extender Performance Security is not furnished at least 90 days prior
to expiry of original Performance Security.
Any delay in submission of SD/CPG shall be deemed as accruing of financial benefit to the supplier
and EESL may take necessary interest penalty recovery action (interest @ SBI’s MCLR + 2 %)
from the payments due to the supplier for the period of delay. However, this provision does not
bind EESL in any way from proceeding against the supplier (including forfeiture of EMD,
cancellation of the empanelment/LOA, etc.) for non-compliance towards non-submission of the
SD/CPG.
Bank guarantee shall be from any Nationalized Banks/other scheduled private banks as per list
given in RfP. EESL shall at his discretion have recourse to the said Bank Guarantee for the recovery
of any or all amount due from the bidder in connection with the contract including of guarantee
obligations.
Failure of the Successful Bidder to comply with the requirements of IFB/RFP shall constitute
sufficient grounds for the annulment of the award and forfeiture of the Contract Performance
Guarantee.
This Bank Guarantee shall be effective only when BG issuance message is transmitted by issuing
bank through SFMS to
IDFC Bank Ltd.
IFSC code: IDFB0020101
Branch Name: Soodh Birla Towers, Barakhamba Road new Delhi- 110001

The Message code to be used by the bank will be the following: -
Code Purpose
IFN 760 Confirmation of Bank Guarantee
IFN 767 Amendment in Bank Guarantee
13. Quality Control / Inspection by EESL
I. The successful bidder shall be wholly responsible for the quality and performance of the product as
per the tendered technical specifications.
II. EESL reserves the right to visit the manufacturing site or the supply chain for quality inspection at
any time. EESL at its discretion may order the testing of random samples (upto 5 times during the
supply phase) either at the successful bidder’s premises (if an NABL/ILAC-accredited Testing
Laboratory is available) or at any other third-party NABL/ILAC-accredited laboratory at cost of the
implementation partner(s).
III. After testing, if product is found not matching the specifications at given test parameters, EESL at
its discretion may order for cancellation of complete order or cancellation of the complete lot of
product. The complete loss shall be to the account of the supplier.
IV. The items will be supplied in proper packing (as per relevant IS, if any) to avoid any damage during
transit, storage and delivery. The successful bidder shall be responsible to transport and insure the
items till their delivery at project site.
V. Inspection / Checking / Testing

Inspection
All materials/equipment manufactured by the bidder against the Letter of Award (LOA) shall be
subject to inspection, check and/or test by the EESL or its authorized representative at all stages and
place, before, during and after the manufacture.
If upon delivery, the material / equipment does not meet the specifications, the material / equipment
shall be rejected and returned to the supplier for repairs / modification, etc. or for replacement. In
such cases, all expenses including the to-and-fro freight, repacking charges, any other costs, etc. shall
be to the account of the implementation partner.
All tests shall be carried out as per IS 16444 with latest amendment, and the implementation partner
shall submit the relevant test reports.
Tests
The item(s) being supplied should be as per the standard mentioned in the RfP.
During the tender duration, EESL at successful bidder’s cost shall conduct additional type tests at
NABL-accredited (implementation partner(s)-owned/third party) laboratory to maintain check on the
supplied product. The random sample for such tests would be identified by EESL and can be from
the manufacturing/supply chain/ customer facility.
Pre-dispatch Inspection Tests(PDI)
Quality assurance team under SCM dept. shall carry out inspection of manufacturing plant and only
after all test are clear as per EESL tender specs MD CC shall be issued to vendor for dispatch of
material. The successful bidder shall maintain and provide statutory test certificates for each supplied
batch, confirming compliance to the technical specifications and other tender/LOA requirements.

The Test Certificate needs to be transmitted electronically to EESL at least 48 hours in advance of
dispatch date.
Documentation along with supply of items
The bidder(s) shall provide the following documents (both hard copy and soft copy) to EESL for
reference:
 Manual / Guide: User Manuals, FAQ, OEM Functional Manuals and Installation Guides,
Business Process Guides and Troubleshooting Guides
 Certificates: Meter Warranty, Insurance, NABL/ILAC meter test
The above-mentioned documents shall be provided in the word format to provide flexibility for
customization, if required.
14. Earnest Money Deposit (EMD)/Bid Security
Amount of Bid Security – As mentioned in Section-1
The bidder shall furnish, as part of its bid, a bid security in a separate envelope. The bid security shall,
at the bidder’s option, be in the form of a Banker’s cheque, Demand Draft in favor of “Energy
Efficiency Services Limited” or a bank guarantee as per format at Attachment 2 of Section-6. Bid
security/EMD shall remain valid for a period of 45 days beyond the original bid validity period of 180
days, i.e. 225 days from date of bid opening. If there is any extension in bid validity period, then EESL
may ask the bidder to extend the validity of bid security. The details of EMD instrument has to be
submitted in relevant field/column of online module. Tenders without Earnest Money Deposit is liable
to be rejected. It should be ensured by the bidder that the original DD/ BG is received by EESL before
opening time of techno-commercial bids for verification of the details of DD given online by the
bidders. The tender submission, tender closing and opening will be done electronically and online.
EESL will not be responsible for any delay, loss or non-receipt of Tender Document Cost sent by
post/courier. The instrument should reach in original to EESL office before the Bid Opening date.
Bids not accompanied with the requisite tender document cost may not be opened. The bid securities
of unsuccessful bidders will be returned as promptly as possible after the award is made to lowest
evaluated technically acceptable bidder. The bid security of the successful bidder will be returned
when the bidder has signed the contract agreement, and has furnished the required performance
security/CPG/BG to EESL.
Alternately, EMD/Bid Security may also be submitted through RTGS to EESL. The details of RTGS
is as mentioned below:
Account Bank Branch

Account No. RTGS DETAIL
Name Name Name
IFSC CODE: IDFB0020101
MICR Code: 110751001
BRANCH: Barakhamba Road
EESL 10000001816 IDFC Bank New Delhi
ADDRESS: Sodh & Birlatowers, 4th Floor
East Tower & Lgf West Tower, Barakhamba
Road, New Delhi -110001
Note: Bidders submitting EMD/Bid Security through RTGS shall upload the receipt of transfer
of amount in Envelope-I which shall clearly mention the details of transaction made.
Participation of bidder shall be subject to confirmation of amount transferred through RTGS.
The details mentioned in the document uploaded as proof of transfer of amount shall only be
considered for verification purpose.

The bid security may be forfeited if:
a) If the bidder withdraws its bid during the period of bid validity as specified in the bid.
b) If the bidder does not accept computational/arithmetical error correction made by EESL and
as explained in “Financial Evaluation” section of the Bid/ RFP document.
c) If the bidder does not accept assumptions, estimations etc. used for evaluation of bids as
specified by EESL in tender documents and revision of his bid accordingly, in case other
assumptions are used. If the bidder does not accept the sharing as specified in the bid.
d) If the Bidder refuses to withdraw, without any cost to the EESL, any deviation not listed in
Attachment-5 of Section-6 but found elsewhere in the bid;
or
In the case of successful bidder, if the bidder fails within the specified time limit:
 To sign the contract agreement within 15 days of placement of LoA.
 To furnish the required performance guarantee, in accordance with the tender
document.
15. EESL reserve the right for quantity variation up to +/-20%. However, amendment shall be given prior
to supply of the material or execution of work.
16. Successful bidder, on whom letter of award is placed, is to ensure all safety guidelines, rules and
regulations, labour laws etc. Successful bidder is to indemnify EESL for any accident, injury met by
its labour, employee or any other person working for him. Any compensation sought by its labour,
employee or any other person working for him shall be paid by successful bidder as per settlement
solely. EESL has no role to play in this matter.
17. Successful bidder is to submit interchangeability certificate for its product supplied for replacement
during warranty and maintenance period and even when it is purchased from open market. In case due
to change in technology, the supplied product is not available during warranty/ maintenance period
than the improved version of product can be used in warranty/ maintenance period with same or
improved technical parameters or the combination thereof after written communication of Engineer in
Charge at same cost& terms and conditions. Successful Bidder, on whom letter of award has been
placed, has also to confirm that the price of improved version of product is not lesser than the original
product or its parts in comparison.
18. The Bidder shall be deemed to have examined the Bid document, to have obtained his own information
in all matters whatsoever that might affect carrying out the Works in line with the Scope of Work
specified in the document at the offered rates and to have satisfied himself to the sufficiency of his
Bid. The bidder shall be deemed to know the scope, nature and magnitude of the work and requirement
of materials, equipment, tools and labour involved, wage structures and as to what all works he has to
complete in accordance with the Bid documents irrespective of any defects, omissions or errors that
may be found in the Bid documents.
19. Insurance:
The Successful Bidder(s) shall take an insurance policy for transit-cum- storage-cum-erection for all
the materials to cover all risks and liabilities for supply of materials on site basis, storage of materials
at site, erection, testing and commissioning. The Bidder shall also take appropriate insurance during
the operation and maintenance period.
20. Transportation, Demurrage Wharfage, Etc.:
SI is required under the Contract to transport the Goods to place of destination defined as Site.
Transport to such place of destination in India including insurance, as shall be specified in the Contract,
shall be arranged by the SI, and the related cost shall be included in the Contract Price.

21. Subsequent to an order being placed against your quotation, received in response to this ‘enquiry’, if
it is found that the materials supplied are not of the right quality or not in accordance with our
specifications (required by us) or received in damaged or broken conditions, not satisfactory owing to
any reason of which we shall be the sole judge, we shall be entitled to reject the materials, cancel the
contract and buy our requirement from the open market / other sources and recover the loss, if any,
from the supplier reserving to ourselves the right to forfeit the security deposit, furnished by the
supplier against the contract. The supplier will make his own arrangements to remove the rejected
material within a fortnight of instruction to do so. Thereafter material will lie entirely at the supplier’s
risk and responsibility and storage charges, along with any other charges applicable, will be
recoverable from the supplier.
22. We reserve the right to accept or reject any bid in full or in part without assigning any reason thereof.
We also reserve the right to split and place order on more than one suppliers.
23. The bidder should not have been black-listed by any Central / State Government or Public Sector
Undertakings. If at any stage of tendering process or during the currency of the contract, any
suppression / falsification of such information is brought to the knowledge, EESL shall have the right
to reject the proposal or terminate the contract, as the case may be, without any compensation to the
tenderer & forfeiture of bid security/EMD/CPG.
24. Correspondence: Post award, all correspondence by successful bidder shall be addressed to as
brought out below:
 CGM (SCM) – for all issues pertaining to clarifications w.r.t contractual and commercial issues
or requiring amendments on the terms and conditions of LOA in general.
 Engineer-In-Charge (EIC) - all the activities pertaining to execution of the works at site, as
per the provisions under the terms of the LOA, on behalf of EESL.
22. Compliance with all Statutory Regulations:

a. Compliance of all the statutory requirements as may be required w.r.t the activities to be
performed to execute the scope of work under the subject LOA including the requirements under
Contract Labor Acts, safety of the workmen deployed, etc., shall be the responsibility of the
successful bidder including all the expenditure incurred for the same. This includes all the
requirements w.r.t the workmen under Sub-contractor(s) also. The successful bidder shall
submit the documentation to EESL, on monthly basis, as required under the applicable statutory
requirements.
b. Successful bidder shall indemnify EESL for any accident, injury met by its labor, employee or
any other person working for him. Any compensation sought by its labour, employee or any
other person working for him shall be paid by successful bidder as per settlement solely. EESL
has no role to play in this matter.
c. Disposal of failed BOQ items shall be arranged by the successful bidder, at their own cost, as
per the relevant provisions of various acts/regulation in force from time to time.
d. Vendor to provide/ submit PF and ESI compliance documents to EESL on monthly basis during
the contract term. Further, please make sure to have the stipulation that "if vendor do not
provide PF and/or ESI or document demanded by EESL within the stipulated time lines, then
EESL reserves the right to terminate the contract at vendor's risk and cost".
e. Vendor to ensure that the team deployed at site is equipped with proper safety gears such as
safety shoes, reflective jackets, helmets, harness etc. The team must have proper Identity card.
23. Documentation: File names of all the documents submitted in soft form shall contain the topic of
the subject document.

24. SAFETY COMPLIANCE:
a. Successful bidder, on whom letter of award is placed, is to ensure all safety guidelines, rules and
regulations, labour laws etc.
b. Successful bidder(s) to indemnify EESL for any accident, injury met by its labour, employee or
any other person working for him. Any compensation sought by its labour, employee or successful
bidder as per settlement shall pay any other person working for him solely. EESL has no role to
play in this matter.
c. The Bidder is advised to take out insurance for the period of the Contract, on the terms specified
in the Special Conditions, including, but not limited to, the following:
 Professional liability insurance;
 Personal liability insurance;
 Equipment insurance covering loss of or physical damage to all equipment acquired,
used, provided or paid for by the Employer within the context of this Contract; and
 Motor vehicle third party liability insurance and motor vehicle comprehensive
insurance for the vehicles acquired in connection with this Contract.
d. EESL will not be responsible in case any accident/ mis-happenings with consultant employee or
contract person and for any equipment damage or theft occurs and in no case EESL shall pay for
it.
e. During the period of installation, successful bidder should ensure implementation of SAFETY
measures to ensure SAFETY of working personnel, as per all applicable laws in general and with
special focus in the following.
 Working at heights
 Working on/in the vicinity of power supply lines.
 Working during night time on roads with proper signage.
f. Suitable work instructions/procedures shall be prepared for each type of work location (Height or
type of pole / supply network configuration) and a competent person possessing valid certificate
w.r.t SAFETY issues shall train the working personnel at regular intervals. A safety inspector as
coordinator shall be nominated and his details provided to EESL Registered Office.
g. All the working personnel shall be provided with appropriate Personnel Protection Equipment
such as Safety harness for working at heights, safety helmets, earthing rods, body chains, gloves,
gum boots, etc. and other accessories such as Road Safety Cone, Flag, Safety jacket, Signage’s
etc. whenever and wherever required.
h. Successful bidder shall arrange to carryout safety Audit at regular intervals by a competent person
possessing valid certificate w.r.t SAFETY issues and suitable remedial measures shall be taken
based on the findings/recommendation of the Safety Audit. M/s EESL would not be hold
responsible for any incidental accidents and has right to take appropriate actions, at the sole risk
and cost of vendor if the above mentioned safety measures are not taken by the bidder. If any
Lineman/Man power deployed at Site found without safety equipment’s and valid Identity
Card, then a fine of Rs. 1,00,000 (INR One Lakh only) will be deducted from the
Vendor/Contractor’s monthly payment.
25. Labour Laws to be adhered by Successful Bidder:
LOA to the contractors clearly specify that they shall ensure compliance of Labour Laws and shall
indemnify EESL against the liability arising out of any injury to their workers deployed.
Advise the contractors, at various sites, to ensure compliance under the following basic Labour Acts
and provisions there under on a priority basis:
 Employees Provident Fund and Miscellaneous Provisions Act, 1952 (providing for PF
contributions, Employee pension and Deposit Link Insurance)
 Employees State Insurance Act, 1948 (providing for medical, disablement, dependent
benefits)
 Employees Compensation Act, 1923 (providing for Compensation against injury due to and
during the course of employment)

 Minimum wages Act, 1948 (providing for minimum wages for various employments)
Further, other social security provisions have also to be complied with.
Note: The norms and measures mentioned are indicative and any other law/safety norms related to
safety of the labour may also be adhered to.
26. Period of Validity of Bid:
Bids shall remain valid for a period of 180 days after the closing date prescribed by the EESL for the
receipt of bids. A bid valid for a shorter period may be rejected by the EESL as being non-responsive.
In exceptional circumstances, the EESL may solicit the bidder’s consent to an extension of the bid
validity period. The request and response thereto shall be made in writing thro’ letters/ e-mails. If the
bidder accepts to prolong the period of validity, the bid security/EMD shall also be suitably extended.
A bidder may refuse the request for Bid Validity Extension without forfeiting its bid security. A bidder
granting the request will not be required nor permitted to modify its bid.
27. Bid Price
The Successful Bidder’s Bid Price shall remain valid for all GCRTS systems for which EESL has
issued implementation approval within one year from the date of signing of the Contract Agreement
which may be extended up to year on mutual consent.
28. Pre-Bid Conference
 The official representative of the Bidders may attend the pre-bid conference. The schedule of the
meeting shall be as mentioned in Section-1.
 The purpose of the meeting will be to clarify any issues regarding the bid process.
 Record notes of the meeting including the text of the questions raised and responses given will be
transmitted to all the bidders who were present at the meeting and will also be put on the web-
site. The clarifications that could not be furnished during pre-bid conference will be separately
communicated to all the purchasers of the RFP.
 Non-attendance at the pre-bid meeting will not be a cause for rejection of a Bidder.
 Based on the discussion in pre bid meeting, EESL reserved the right for modification in RFP.
 Bidder(s) are requested to send the queries till 5th working day after floating the tender to the
contact points mentioned in Section 1 in the following format (excel or word editable file). No
queries shall be entertained after the deadline of submission of query is over.
Name of Tender
Tender No.
Tender ID
Bid Opening Date
Bidder’s Name
Contact person from Bidder with
address, e-mail and Contact No.
Section No.
Description as Queries/ Clarification
Sr. No. Page No. Remarks
Per RFP of the bidder
Para No/ Clause No.
Section No.
1.
Page No.

Para No/ Clause No.
Section No.
2. Page No.
Para No/ Clause No.
Section No.
3. Page No.
Para No/ Clause No.

ANNEXURE-I
PRICE BID FORMAT
Price Bid is to be filled Online Only. This format is for illustration purpose only
NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated: 22-09-2020
Name of Work: Design, Engineering, Supply, Construction, Erection, Testing, Commissioning and O&M of grid connected Solar PV Rooftop Power Plants
of cumulative capacity of approximate 7.5MWp in various Buildings in the Union Territory of Andaman as per scope defined in this document.
1. Lot – 1 (Northern Andaman) – Cumulative Capacity of 2.68MW
Sr. Part Description Unit of Total Base GST Total Price

Unit Rate Total Price
No Measur Quant price (IGST/ inclusive of
inclusive inclusive of
ement ity per CGST/ GST
of GST GST
(UOM) (in UOM SGST/ (IGST/
(IGST/ (IGST/
numb (INR) UTGST CGST/
CGST/ CGST/
ers) ) SGST/
SGST/ SGST/
applica UTGST)
UTGST) UTGST)
ble in (In
(In INR.) (In Words)
% Figures)
4=(2+3%
1 2 3 5=4*1 6
2)
1 A1 Solar System Package of 5KW : Supply of material Per 47
including transportation and Complete civil works and System
General works including erection, commissioning, testing,
synchronization etc. of entire system (Grid Connected Solar
PV based rooftop system)
2 B1 Solar System Package of 5KW : Comprehensive Onsite
Operation & Maintenance for Ten Years

Grand Total (A1+B1+A2+B2+A3+B3)
2. Lot – 2 (Middle Andaman) – Cumulative Capacity of 4.755 MW)
Sr. Part Description Unit of Total Base GST Total Price

Unit Rate Total Price
No Measur Quant price (IGST/ inclusive of
inclusive inclusive of
ement ity per CGST/ GST
of GST GST
(UOM) (in UOM SGST/ (IGST/
(IGST/ (IGST/
numb (INR) UTGST CGST/
CGST/ CGST/
ers) ) SGST/
SGST/ SGST/
applica UTGST)
UTGST) UTGST)
ble in (In
(In INR.) (In Words)
% Figures)
4=(2+3%
1 2 3 5=4*1 6
2)

Grand Total (A1+B1+A2+B2+A3+B3)
Note :
3. The Bidder/SI shall declare necessary HSN/SAC code applicable to GST rate (%) for items projected in the price bid of Annexure-I during submission of Bid.
HSC code shall remain the same for the entire contract duration. The Bidder/SI submit declaration in the format attached at Attachment-15 of Section-6 on
Bidder/SI Letter head. The Bidder/SI shall submit the Attachment-15 of Section-6 in the Envelope 1 itself.
4. The GST rates (%) mentioned in the declaration shall be included in the price bid also and there should not be any deviation between GST declared and GST
mentioned in the price bid. In case of deviation in rates mentioned in the said declaration and that mentioned in the price bid, then GST rates as submitted in the
declaration shall prevail.
5. If the Bidder/SI changes its HSN/SAC code during execution of contract (except the government mandate) then the tax rates those are beneficial to EESL, shall
be considered.
6. In price-bid table for each package, cost of O&M (Part B i.e. B1 or B2 or B3) should not be less than 12% of the respective total cost of Part A + Part B (i.e. Part
A1+B1 or A2+B2 or A3+B3) of the price bid table of quoted lot. This amount will be released in equal installments during the O&M period at the end of each
year (for 10 years) of satisfactory performance. In case, quoted price for Part B (i.e. B1 or B2 or B3) of Price bid for each lot is less than 12% of respective total
cost of Part A + Part B (i.e. Part A1+B1 or A2+B2 or A3+B3) then in LoA/LoI, cost of Part B (i.e. B1 or B2 or B3) shall be fixed at 12% of respective total cost
of Part A + Part B (i.e. Part A1+B1 or A2+B2 or A3+B3) and cost of respective Part A (i.e. A1 or A2 or A3) shall be reduced proportionately keeping total of
respective Part A + Part B ((i.e. Part A1+B1 or A2+B2 or A3+B3) equal to cost quoted in price bid.
7. Evaluation will be done on Grand Total of prices (i.e. A1+B1+A2+B2+A3+B3) quoted for all solar system packages in the price bid table of each lot (inclusive
of GST).
8. It is mandatory to quote for all line items (i.e. A1, B1, A2, B2, A3, B3) of a particular lot.
9. Base price per unit (INR) shall be the price excluding GST.

Other terms and conditions
1. The Bidder shall indicate in the Price Bid, the unit prices in ₹(INR) and total Bid prices of the Goods & Services in the prescribed format only. Bidders shall
quote for the complete requirement of Goods and Services specified under the Contract on a single responsibility basis, failing which such Bids will not be
taken into account for evaluation and will not be considered for award.
2. The bidder should compulsorily quote for all heads (i.e. A1, B1, A2, B2, A3, B3) in the participating lot as mentioned in the price-bid format for which separate
analysis/ reasonable estimation of all heads should be done by the bidder before quoting the rates in the financial bid. Any contravention may lead to rejection
of offer submitted.
3. Any other item as required for commissioning the system for reliable and efficient operation to be provided within the quoted price.
4. Successful bidder should mandatorily register itself under GST act in respective state, where the goods/services will be rendered.
5. Please note that selection of the bidder will be done on the technically acceptable and L-1 (Lowest One) price basis as per the total landed cost (i.e. A1+
B1+A2+B2+A3+B3) inclusive of GST for each lot. Bidder should quote for complete scope of work as defined above.
6. Prices will remain firm till the execution of the contract.
7. The bidder shall quote the price on FOR Destination basis.
8. In case of difference in figures and words, price mentioned in words shall prevail.
I/We have read all the terms and conditions of the RFP/IFB/NIT and the Annexure(s) thereto and agree to accept and abide by the same in toto. The above
quotation has been prepared after taking into account all the terms and conditions of the RFP/IFB/NIT.
(SEAL)
Signature of Tenderer or
Their Authorized Representative: _________
Dated: Name & Address of Tenderer:
__________________________________
Phone No: ____________________________
Fax no.: ______________________________
E-Mail:_______________________________

ANNEXURE-II
SPECIFIC CONFIRMATION BY BIDDER

Note: Please submit the table below duly filled, signed and stamped along with Techno-
Commercial Bid on your Letter Head.
Description Remarks
In case more than one bidder gets qualified based on the Techno-commercial
Bid, then the bidder quoting the lowest total price for Grid connected solar
Agreed.
PV based rooftop system including warranty cost and all other costs defined
in price-bid table will qualify as the successful bidder.
Bidders should have financial and technical capabilities to execute the Scope Vendor to give their
of Work as specified in the RFP. acceptance along with
supporting documents
Payment Terms–as per SCC Clause No. 1.0. Agreed.
Test Reports as per Annexure-III Agreed.
For the purpose of this Tender, the successful bidder needs to provide name,
address, mobile no., email addresses, designations of at least 3 Senior Nodal
Bidder to provide
Officers (Regular Employees of their organization), nominated by their top
information on
management, who are reachable through any means of modern
letterhead pad
communication and who shall be accountable to deliver the product and
associated services to EESL as per the tender.
Any entity which has been barred by the Central/State Government or PSUs,
Bidder to give a
from participating in any bid, and the bar subsists as on the Bid Due date,
declaration on its
would not be eligible to submit a Bid. Necessary declaration to this effect has
letterhead pad.
to be given by the bidder as per format in the tender form.
EESL reserves the right for quantity variation up to +/- 20%. Further EESL
reserves the right to place a repeat order in case of urgency for part quantity
in the Letter of Award for similar work on same prices, terms and conditions.
Agreed.
Also, EESL reserves the right to ask the successful bidder to deliver the part
quantity placed on them anywhere in territory of India on same prices, terms
and conditions.
It will be the sole discretion of EESL to award the quantity irrespective of the
Agreed.
quantity mentioned by the bidder
Documents as per Clause No. 3 and Annexure-III Agreed.
Undertaking to be
Undertaking by authorized signatory that all Central/State duties, cess, etc. provided. To be
shall be complied with by the supplier. provided on company
Letterhead
HSN/SAC code for respective items have been provided at the time of tender
Agreed.
submission as per Attachment-15 of Section-6 of RfP
Note:
All the required documents must be properly annexed and submitted with the confirmation as mentioned
above.

ANNEXURE- III
Technical Specifications & Standards for Solar PV Modules
 All the components shall be in accordance with technical specifications given in relevant IS/IEC
standards. Use of PV modules with higher power output is preferred.
 PV module (s) containing crystalline silicon should be used.
 Each of the Solar PV module shall be rated for a minimum of 325 Watts peak with 72 cells. The Solar
PV modules shall have a positive power tolerance.
 The efficiency of the PV modules should be minimum 16% and fill factor should be more than 75%.
 Power Output Warranty: PV modules must be warranted for output wattage, which should not be less
than 90% at the end of 12 years and 80 % at the end of 25 years.
 Termination boxes used in the project shall be UV resistant with IP65
 Any damage/rejection should be made good or replaced immediately without any extra cost or loss to
EESL.
 The PV modules shall be supplied with the suitable Aluminium frame. The terminal box on the module
should have a provision for “Opening” for replacing the cable, if required.
 The Contractor shall obtain the approval of the Quality plan prior to manufacturing/ inspection call. The
cells used for module making shall be free from all defects like edge chipping, breakages, printing
defects, discoloration of top surface etc. Only Class A solar cells shall be used. The modules shall be
uniformly laminated without any lamination defects. Modules have to grouped and rated as per the below
table:
Power Output of the solar PV Minimum Rated power output of
modules the Modules (Rating sticker)
325 – 329.99 Wp 325 Wp
330 – 334.99 Wp 330 Wp
Note: Grouping of any of the modules (as per above table or higher wattage) have to be done as per the
above order. The band of any of the modules supplied by the contractor shall have to be arranged in a
similar manner as per the range mentioned in the above table.
The PV modules used in the grid connected solar power projects must qualify to the latest edition of the
following IEC or BIS qualification test or standards.
Sl No. Code/Standard Description

Crystalline silicon terrestrial photovoltaic (PV) modules –
IEC 61215/IS 14286
1 Design qualification and type approval
IEC 61701 Salt mist corrosion testing of photovoltaic (PV) modules
2
Part 1 for Photovoltaic (PV) module performance testing and
IEC 61853- Part 1/ IS
energy rating. Irradiance and temperature performance
16170
3 measurements and power rating
Photovoltaic (PV) Modules – Ammonia (NH3) Corrosion
IEC 62716
4 Testing
IEC 61730 Photovoltaic
Modules must qualify to Part 1: Requirements for
(PV) Module Safety
Construction, Part 2: Requirements for Testing
5 Qualification –
test methods for detection of PID (potential-induced
IEC 62804
6 degradation)
*In case of expiration of standards or inapplicability, local standards and regulation may apply.
*Supplier to submit all the above requisite latest test certificates of solar PV modules at the time of
submission of the bid.
*Four bus bar or better technology solar PV modules to be used.
*Bidder must submit valid Construction Data Form (CDF) in support of Bill of Material (BoM).

The Solar PV module shall be free of potential induced degradation (PID). The PID test of module, the
system voltage will be subject to a conditioning of three cycles at 85 deg.C and 85% RH for a period of 96
hours.
In case of expiration of standards or inapplicability, local standards and regulations may apply.
Note- Equivalent standards may be used. In case of clarification following person/agencies may be
contacted.
 Ministry of New and Renewable Energy/NABL accredited Labs
 National Institute of Solar Energy (NISE)
 The Energy & Resources Institute (TERI)
 UL
Identification and Traceability

Each PV module used in any solar power Project must use a RF identification tag. The following information
must be mentioned in the RFID used on each module (This can be inside or outside the laminate, but must
be able to withstand harsh environmental conditions)
i. Name of the manufacturer of PV Module
ii. Name of the Manufacturer of Solar cells
iii. Month and year of the manufacture (separately for solar cells and module)
iv. Country of origin (separately for solar cells and module)
v. I-V curve for the module at Standard Test Condition (1000 W/m2, AM 1.5, 250C)
vi. Wattage, Im, Vm and FF for the module
vii. Unique Serial No. and Model No. of the module
viii. Date and year of obtaining IEC PV module qualification certificate
ix. Name of the test lab issuing IEC certificate
x. Other relevant information on traceability of solar cells and module as per ISO 9000
xi. EESL Logo including a disclaimer note of “Government Supply, Not for sale in retail
market” Color coding of the modules, Anti-theft mechanism etc. The instructions to
successful bidder(s) shall be provided by the EESL at the later stage
Required Testing
Factory Acceptance Tests (FAT)

The Quality Plan/ test program for the Factory Acceptance Tests (FAT) shall be submitted to EESL for
approval at least 4 weeks prior commencing of tests. The test report shall be submitted prior to shipment of
material.
EESL reserves the right to visit the PV module factory at any time during manufacturing process to assess
quality and production scheduling status.
Additional Independent Test

Additional independent certified Third Party testing of the PV modules may be carried out by EESL. The
bidder shall propose a list of Third Party testing laboratories for EESL approval. The bidder shall organize
and facilitate the EESL visit and/or testing in the factory or laboratory, if required.
EESL reserves the right to select PV modules randomly for the following tests:
 Module performance tests
 Module behavior test (irradiation and temperature)
 Module electroluminescence tests
 Module thermography imaging tests
 All testing must be included in the proposal and be supported by the bidder.

Site Tests
 The PV modules shall be subject to witness testing onsite to ensure their performance.
 The testing should be performed during the following phases of the project:
o Pre-commissioning
o Commissioning and test on completion
o Performance tests
The site tests shall be witnessed by the EESL. The commissioning test program shall be submitted
at least 2 weeks prior in advance of any testing.
1. Temperature; temperature probes for recording the solar module back surface and
ambient temperature to be provided with complete reads outs integrated with the data
logging system at the time of commissioning
2. Solar irradiance: A pyranometer/solar cell based irradiation sensor (along with
calibration certificate) to be provide to measure the PR at the time of commissioning
Safe Disposal of Solar PV Modules
The bidder will ensure that all Solar PV modules from their plant after their end of life’ (when they become
defective/ non-operational/ non-repairable) are disposed in accordance with the “e-waste (Management and
Handling) Rules, 2011” notified by the Government and as revised and amended from time to time.
Authorized Test Centers
The PV modules deployed shall have valid test certificates for their qualification as per above specified IEC/
BIS Standards by one of the NABL Accredited Test Centers in India. In case of module types/ equipment
for which such Test facilities may not exist in India, test certificates from reputed ILAC Member Labs abroad
will be acceptable.
Inspection
EESL reserves the right to test the Solar PV Modules before the dispatch to confirm their standards to the
contract specifications at no extra cost to EESL. If required, the pre dispatch testing of the Solar PV Modules
shall be done at the manufacture’s place. These tested parameters should match the IEC/ISI/MNRE/BEE
standards of tender. If components of the system are not as per the standards, entire lot has to be
replaced with new components which shall confirm to the standards mentioned in the tender at Supplier’s
cost. EESL, reserves the right to verify flash test reports of Solar PV modules.
PV Array Configurations
The Solar array shall be configured in multiple numbers of sub-arrays, providing optimum DC power to
auditable number of sub arrays. The Contractor shall submit their own design indicating configuration of
PCU and respective sub arrays and associated bill of material.
 UV resistant Cable-ties (suitable for outdoor application shall be used to hold and guide the cables/wires
from the modules to junction boxes or inverters. All the cables were aesthetically tied to module
mounting structure.
 In case the string monitoring unit (SMU) is mounted on the module mounting structure, Contractor to
take into consideration of the load thus added on the MMS. Accordingly, suitable supporting members
for mounting the SMU must be designed and supplied. Separate structure for mounting of SMU can
also be proposed.
 Every major Component of the Plant should be suitably named/ numbered & marked for ease of
traceability, identification and maintenance.
Module Mounting Structure (MMS)
The metallic structures for mounting the solar PV modules should be of adequate strength, which can
withstand the loads of the modules and higher wind velocities.

The bidder shall carry out necessary studies before designing the MMS for the project.
The MMS should be MS hot dip galvanized iron with minimum 80 micron thickness for mounting of solar
PV modules at site. The panel frame structure should be capable of withstanding a minimum wind load of
150 km per hour, after grouting and installation. The bolts, nuts, panel mount clamps, fasteners used for
installation should be of suitable Stainless Steel (SS 304).
The foundation for module mounting structure shall be preferably 1:2:4 RCC construction or any other
combination based on the local site condition requirement /standard practice for which design details shall
be submitted by SI.
Bidder to prepare the design for MMS, frames, foundation etc. and submit to EESL for approval.
Solar array fuse
The cables from the array strings to the solar grid tie inverters shall be provided with DC fuse protection.
Fuses shall have a voltage rating and current rating as per requirement of the project. The fuse shall have
DIN rail mountable fuse holders and shall be housed in thermo plastic IP65 enclosures with transparent
covers.

Technical Specifications & Standards for Inverters and BoS
 Grid Tie String Inverters
Total output power (AC) To match solar PV plant capacity while achieving
optimum system efficiency
Input DC voltage range As required for solar grid tie inverter DC input
Maximum power point tracking (MPPT) Shall be incorporated
No of independent MPPT inputs 1 or more
Operating AC voltage 3 phase 415V (+12.5%,-20%)
Operating frequency range 47.5 – 52.5 Hz
Nominal frequency 50 Hz
Power Factor of the inverter >0.98 at nominal power
Total Harmonic Distortion (THD) <3%
Built-in protection AC high/low voltage; AC high/low frequency
Anti-islanding protection As per VDE 0126-1-1/IEC 60255.5/IEC 60255.27
/ IEC 62166
Operating Ambient temperature range -10 deg C to +60 deg C
Humidity 0 – 95% Rh
Inverter Efficiency >96%
Inverter weighted Efficiency >96%
Protection degree IP65 per outdoor mounting, IP54 per indoor
mounting
Communication Interface RS 485 / RS 232 / as per requirement
Environmental Testing IEC 60068 – 2 (1,2,14,30)
Safety Compliance IEC 62109-1, IEC 62109-2
Efficiency Measurement Procedure IS/IEC 61683
Display Type LED
Display parameters to be included DC Voltage (V), DC current (A), DC power (W),
AC voltage (V), AC current (A), Apparent AC
power (W), Power Factor (Cosφ), Active AC
power (W), Reactive AC power (W), Daily energy
generation (kWh), Cumulative generation (kWh),
Cumulative run time (hours)
Identification and Traceability of Grid Tie String Inverter
The following information must be mentioned on each string inverter (This can be inside or outside the
laminate, but must be able to withstand harsh environmental conditions)
i. Name of the manufacturer of string inverter
ii. Month and year of the manufacture
iii. Country of origin
iv. Unique Serial No. and Model No. of the string inverter
v. Name of the test lab issuing IS/IEC certificate
vi. A disclaimer note of not for sale in retail market / Anti-theft mechanism etc. The instructions to
successful bidder(s) shall be provided by the EESL at the later stage.

Required Testing of Grid Tie String Inverter
 Factory Acceptance Tests (FAT)
The test program for the Factory Acceptance Tests (FAT) shall be submitted to EESL for approval
at least 4 weeks prior commencing of tests. The test report shall be submitted prior to shipment of
material.
EESL reserves the right to visit the String Inverter factory at any time during manufacturing process
to assess quality and production scheduling status.
 Site Tests
 The string inverters shall be subject to witness testing onsite to ensure their performance.
 The testing should be performed during the following phases of the project:
o Pre-commissioning
o Commissioning and test on completion
o Performance tests
The site tests shall be witnessed by the EESL. The commissioning test program shall be submitted at least 2
weeks prior in advance of any testing.
Safe Disposal of String Inverters
The bidder will ensure that all string inverters from their plant after their end of life (when they become
defective/ non-operational/ non-repairable) are disposed in accordance with the “e-waste (Management and
Handling) Rules, 2011” notified by the Government and as revised and amended from time to time.
Authorized Test Centers
The string inverters deployed shall have valid test certificates for their qualification as per above specified
IEC/ BIS Standards by one of the NABL Accredited Test Centers in India. In case of such Test facilities
may not exist in India, test certificates from reputed ILAC Member Labs abroad will be acceptable.
EESL reserves the right to select string inverter randomly for the Performance tests in any of the authorized
test centers.
Inspection and Testing
EESL reserves the right to test the various components of string inverters before the dispatch to confirm their
standards to the contract specifications at no extra cost to EESL. If required, the pre dispatch testing of the
string inverters shall be done at the manufacture’s place. These tested parameters should match the
IEC/ISI/MNRE/BEE standards of tender. If components of the system are not as per the standards, entire
lot has to be replaced with new components which shall confirm to the standards mentioned in the tender
at supplier’s cost.
Gross Generation Feature
The string/central inverters deployed shall have a feature of showing a gross generation in kWh.
DC combiner box
A DC combiner box shall be used to combine the DC cables of the solar module arrays DC fuse protection
for the outgoing DC cables to the DC distribution box.

 DC distribution box
A DC distribution box shall be mounted close to the solar grid inverter. The DC distribution box
shall be of the thermo plastic IP65 DIN rail mounting type and shall comprise the following
components and cable terminations;
a. In coming positive and negative DC cables from the DC combiner box

b. DC circuit breaker, 2 pole (the cables from the DC combiner box will be connected to this
circuit breaker on the incoming side)
c. DC Surge Protection Device (SPD) – suitable SPD to be provided
d. Outgoing positive and negative DC cables to the solar grid inverter.
As an alternative to Dc circuit breaker, a DC isolator may be used in side the DC distribution box
or in a separate external thermo plastic IP65 enclosure adjacent to DC distribution box.
If the Dc isolator is used instead of DC circuit breaker, a DC fuse shall be installed inside the DC
distribution box to protect the DC cable that runs from the DC distribution box to the solar grid
inverter.
 AC distribution box
A DC distribution box shall be mounted close to the solar grid inverter. The AC distribution box
shall be of the thermo plastic IP65 DIN rail mounting type and shall comprise the following
components and cable terminations;
a. Incoming 3-core / 5-core (single phase / three phase) cable from solar grid inverter.
b. AC circuit breaker, 2 pole / 4 pole.
c. AC Surge Protection Device (SPD) – suitable SPD to be provided
d. Outgoing cable to building electrical distribution board.
e. Connection to building electric system.
The Ac output of the solar grid inverter shall be connected to the buildings electrical system after
the DISCOM’s service connection meter and main switch on the load side.
The Solar grid inverter output shall be connected to a dedicated module in the main distribution
board of the building. It shall be connected to a nearby load or socket point of the building.
For buildings or loads with diesel generator backup, the wiring of the solar grid inverter shall be
such that the solar inverter cannot run in parallel with the diesel generator. This implies that the
solar inverter must be connected to a distribution board on the gird side of the automatic or manual
change over switch.
Cables
 All cables shall be supplied conforming to IE 60227/IS 694 & IEC 60502/ IS 1554. Voltage rating:
1,100V AC, 1,1500V DC.
 For the DC cabling, Solar cables with multi standard copper conductor XLPE or XLPO insulated and
sheathed with the voltage rating of 1500V DC or higher UV stabilised single core flexible copper
cables shall be used. Multi-core cables shall not be used.
 For the AC cabling, PVC or XLPE insulated and PVC sheathed single or multi-core flexible copper
cables shall be used. Outdoor AC cables shall have a UV-stabilised outer sheath.
 The total voltage drop on the cable segments from the solar PV modules to the solar grid inverter shall
not exceed 2.0%.
 The total voltage drop on the cable segments from the solar grid inverter to the building distribution
board shall not exceed 2.0%.
 The DC cables from the SPV module array shall run through a UV-stabilised PVC conduit pipe of
adequate diameter with a minimum wall thickness of 1.5mm or through a High Density Poly Ethylene

(HDPE) conduit. The conduit shall not run across the path way of terrace. Flexible corrugated PVC
conduits shall not be used.
 Cables and wires used for interconnection of solar PV modules shall be provided with solar PV
connectors (MC4) and couplers.
 All cables and conduit pipes shall be clamped to the rooftop, walls and sealings with thermo plastic
clamps at intervals not exceeding 50cm. The minimum DC cable size shall be 4mm sq. copper. The
minimum AC cable size shall be 16sq mm for above 10kWp/required standard size. In three phase
system the size of the neutral wire shall be equal to the size of phase wires. The following colour
coding shall be used for cable wires.
o DC positive: red (the outer PVC sheath can be black with a red line marking)
o DC negative: black
o AC three phase: Phases: red, yellow, blue; neutral: black
o Earth wires: green
 Cables and conduits that have to pass through walls or ceiling shall be taken through a PVC pipe
sleeve.
 Cable conductors shall be terminated with tinned copper end-ferrules to prevent fraying and breaking
of individual wire strands. The termination of the DC and AC cables at the Solar Grid Inverter shall
be done as per instructions of the manufacturer, which in most cases will include the use of special
connectors.
 Cable lugs and end-ferrules for all cable conductor and wire terminations shall be crimped with
crimping pilers and end-ferrule pilers.
 All cable ties shall be UV resistant.
Earthing
 The PV module structure components shall be electrically interconnected and shall be grounded.
 Earthing shall be done in according with IS 3043-1986, provided that earthing conductors shall have
a minimum size of 6.0mm 2 copper, 10mm 2 aluminium or 70mm 2 hot dip galvanised steel,
Unprotected aluminium copper-clad aluminium conductors shall not be used for final underground
connections to earth electrodes.
 A dedicated earth electrode must be used for the earthing of DC side and AC side separately.
 The earth electrodes shall have a percent concrete enclosure with a removable lid for inspection and
maintenance. The entire earthing system shall comprise non-corrosive components.
Surge protection
 Surge protection shall be provided on both the DC and the AC side of the solar system.
 The DC surge protected devices (SPDs) shall be installed in the DC distribution box adjacent to the
solar grid inverter.
 The AC SPDs shall be installed in the AC distribution box adjacent to the solar grid inverter.
 The SPDs earthing terminal shall be connected to earth through the above mentioned dedicated
earthing system. The SPDs shall be of type 2 as per IEC 60364-5-53.
Lighting Protection
Lighting protection as per IS 2309 “Protection of Buildings and Allied structures against Lighting – code of
practise” (second version) (1989) shall be provided.
Junction Boxes
 Junction boxes and solar panel terminal boxes shall be of the thermo plastic type with IP 65
protection for outdoor use and IP 54 protection for indoor use.

 Cable terminations shall be taken through thermo-plastic cable glands. Cable ferrules shall be fitted
at the cable termination points for identification.
Tools, Tackles and Spares
 The Installer shall keep ready stock of tool, tackles and essential spares that will be needed for the
day-to-day maintenance of the solar PV system. This shall include but not be limited to, the
following:
 Screw driver suitable for the junction boxes and combiner boxes; Screw driver and / or Allen key
suitable for the connectors, power distribution blocks, circuit breaker terminals and surge arrestor
terminals;
 Spanners / box spanners suitable for the removal of solar PV modules from the solar PV module
support structure;
 Solar panel mounting clamps;
 Cleaning tools for the cleaning of the solar PV modules, spare fuses
Caution Signs
In addition to the standard caution and danger boards or labels as per Indian Electricity Rules, the AC
distribution box near the solar grid inverter and the building distribution board to which the AC output of the
solar PV system is connected, shall be provided with a non-corrosive caution label with the following text:
WARNING -DUAL POWER SOURCE

EB & SOLAR
 The size of the caution label shall be 105mm (width) x 20mm (height) with white letters on a red
background
 Caution labels as may be prescribed by DISCOM’s shall be fixed as per DISCOM’s
specifications.
Documentation
The Installer shall supply the following documentation:

a. System description with working principles.
b. System single line diagram.
c. Solar PV array lay-out.
d. Routing diagram of cables and wires.
e. Data sheets and user manual.
f. A system operation and maintenance manual.
g. Name, address, mobile number and email address of the service centre to be contacted in case of
failure or complaint.
h. Warranty cards.
i. Maintenance registers.
Danger Boards
Danger boards should be provided as and where necessary as per IE Act/IE Rules as amended up to date, as
per the instructions of DISOCM & affixed at various appropriate locations.
Inspection
EESL reserves the right to test the BoS before the dispatch to confirm their standards to the contract
specifications at no extra cost to EESL. If required, the pre dispatch testing of the BoS shall be done at the

bidder/manufacture’s place. These tested parameters should match the IEC/ISI/MNRE/BEE standards of
tender. If components of the system are not as per the standards, entire lot has to be replaced with new
components which shall confirm to the standards mentioned in the tender at Supplier’s cost.
The Bidder shall be deemed to have examined the Bid document, to have obtained his own information in all
matters whatsoever that might affect carrying out the Works in line with the Scope of Work specified in the
document at the offered rates and to have satisfied himself to the sufficiency of his Bid. The bidder shall be
deemed to know the scope, nature and magnitude of the work and requirement of materials, equipment, tools
and labour involved, wage structures and as to what all works he has to complete in accordance with the
bid documents irrespective of any defects, omissions or errors that may be found in the bid documents.

ANNEXURE-IV
FORMAT FOR PRE-FEASIBILITY REPORT
Submitted By
Consultant Company name, logo and other contact details with date

Table of Contents
SECTION-4 .......................................................................................................................................................
Technical and Special Conditions of Contract ............................................................................................
Part A: General Information ...................................................................................................................
PART-B: Definitions ................................................................................ Error! Bookmark not defined.
PART C: Scope of Work and Other Terms & Conditions .........................................................................
1. Salient Feature .........................................................................................................................................
2. Background .............................................................................................................................................
2.1 About the Customer ..........................................................................................................................
3. Project Area ............................................................................................................................................
3.1 About project site ..............................................................................................................................
3.2 Accessibility to project site ...............................................................................................................
4. Array Layout ...........................................................................................................................................
5. Photographs.............................................................................................................................................

1. Salient Features
S No Particulars Details
I General
1 Name of the Building
2 Complete Address of Building
3 Contact details
II Project details
4 Contract Demand
5 Connected Voltage
6 Service Number
7 Annual Energy consumption
8 Tariff
9 Total shadow free area
10 Type of Roof
11 Estimated Project capacity (approx.) Tin Shed:
RCC:
12 Proposed capacity as per net metering
policy (approx.)
2. Background
Notes
2.1 About the Customer
Notes
3. Project Area
3.1 About project site
Notes.
S No Particulars Details
1 Latitude and longitude
2 Altitude
3 Type of roof (RCC, tin shed,
asbestos or any other)
4 Type of power available
(Grid, Diesel or any other)
3.2 Accessibility to project site
Notes
4. Array Layout
Notes

5. Photographs

Annexure-V
List of Buildings (Tentative)
1. Northern Andaman (NA-Education)
Demand Aggregation of roofs under Education Department(North Andaman)
Type of Total
Feasibility (kW Additional
sheet Total No. Feasible
Sl. Capacity-
Name of the Buildings Inspected of feasible (Tin+RCC
No. Feasible Feasible Car Sheds*
Tin RCC Buildings +Car
(Tin) RCC (kW)
Sheds)
1. Govt. Primary School, Nabagram 2 0 31 0 2 0 31
2. Govt. Sec. School, Nabagram 1 0 17 0 1 0 17
3. Govt. Sr. Sec. School, Kalighat 5 0 173 0 5 0 173
4. Govt. Girls Hostel, Kalighat 0 0 0 0 5 5
5. Govt. Sec. School, Hostel, Kalighat 1 0 45 0 1 0 45
6. Govt. Sec. School, Mohanpur-5 2 0 30 0 2 0 30
7. Govt. Primary School Mohanpur-9 1 0 32 0 1 0 32
8. Govt. Sec. School, Parangara 2 0 38 0 2 0 38
9. Govt . Sr. Sec. School, Ram Nagar 5 0 94 0 5 0 94
10. Govt Primary School Boys Hostel, 1 0 60 0 1 0 60
11. Govt Primary School, Kalighat 2 0 0 0 0 5 5
12. Zonal Library, Diglipur 1 0 10 0 1 0 10
13. Govt. Middle School, Hathilevel 1 0 15 0 1 0 15
14. Govt. Middle School, Shyam Nagar 0 0 0 0 5 5
Govt. Primary School, Radhanagar,
15. 1 0 31 0 1 0
New Block 31
16. Govt. Primary School, Radhanagar 0 0 0 0 5 5
Govt. Senoir Secondary School,
17. 2 0 31 0 2 0
Swaraj Gram 31
18. Govt. Middle School, Milangram 5 0 12 0 1 0 12
19. Govt. Secondary School, Laxmipur 1 1 0 18 2 0 18
Govt. Sr. Sec. School New Block
20. 2 0 46 0 2 0
Laxmi Pur 46
21. Govt. Sr. Sec. School, Madhupur 1 1 0 45 2 0 45
22. Govt. Primary School, VS Pally 1 0 35 0 1 0 35
Govt. Primary School, Ariel Bay,
23. 1 0 21 0 1 0
Diglipur 21
24. Govt. Primary School, Durgapur 1 0 9 1 0 9
Govt. Primary School , Ramakrishna
25. 0 0 0 0 5
Gram 5
Govt. Boys Hostel, Near Vivekanada
26. 1 0 50 0 1 0
Stadium 50
27. Govt. Sr. Sec. School, Subash Nagar 2 1 0 105 3 0 105
28. Govt. Primary School , Subashgram 3 0 50 0 3 0 50
29. Govt School Girls Hostel, Sitanagar 1 0 13 0 1 0 13
30. Govt School Boys Hostel, Sitanagar 1 0 20 0 1 0 20
Govt. Middle. Sr. Sec. School,
31. 0 0 0 0 5
Sitanagar 5

32. Govt Primary School, Sitanagar 2 0 14 0 2 0 14
33. Govt Sr. Sec School, Kudirampur 2 0 30 0 2 0 30
34. Govt Middle School, Kudirampur 2 0 12 0 2 0 12
35. Govt Primary School, Krishnapur 1 0 23 0 1 0 23
36. Govt Sr. Sec. School, Madhupur 1 0 6 0 1 0 6
37. Govt Middle School, Sitanagar 5 0 0 0 0 5 5
Office of the Dy. Eduction Officer
38. 1 0 25 0 1 0
Naveen Nagar 25
Total 60 4 964 177 53 35 1176
2. Middle Andaman (MA-Education)
Demand Aggregation of roofs under Education Department (Middle Andaman)

Type of Additiona
Feasibility (kW) Total
sheet Total No. l
Feasible
Sl. of Capacity-
Name of the Buildings inspected Feasibl Capacity
No. RC Feasibl feasible Car
Tin e (Tin+RCC+V
C e (Tin) Buildings Sheds*
(RCC) ehicle Shed)
(kW)
1. Govt. Primary School, Mayabunder 1 0 28 1 0 28
2. Govt. Sr. Sec. School, Mayabunder 4 0 142 4 0 142
3. Girls Hostel, Mayabunder 0 0 5 5
4. Govt. Sr. Sec. School, Karmatang 2 0 24 1 0 24
Govt. Primary School, Lucknow,
5. 2 0 20 1 0 20
Mayabunder
Office of the the Dy. Education
6. 0 0 5 5
Officer, Mayabunder
7. Zonal Library, Mayabunder 1 0 61 1 0 61
Boys Hostel M.G.College,
8. 2 0 27 2 0 27
Mayabunder
Govt.Mahatama Gandhi College,
9. 1 0 20 1 0 20
Mayabunder
10. Girls Hostel MG college 1 0 58 1 0 58
11. Govt. Middle School, South Creek 2 0 20 2 0 20
12. Govt. Sr. Sec. School, Oralkatcha 1 0 30 1 0 30
13. Govt. Primary School, Katta Khari 2 0 24 2 0 24
14. Govt. Middle School, Jarawa Creek 2 0 40 2 0 40
Govt. Primary School, Rajathgarh,
15. 0 0 5 5
Khattan
16. Govt. Primary School, Lorozig 1 0 3 1 0 3
17. Govt. Secondary School, Adazig 2 0 50 2 0 50
18. Govt. Middle School, Lakshmanpur 1 0 41 1 0 41
19. Govt. Middle School, Kalsi 1 0 15 1 0 15
20. Govt. Sr. Sec. School,Bakuntala 2 0 10 2 0 10
21. Govt. Sr. Sec. School,Rangat 0 0 0 10 10
22. Govt. Sr. Sec. School,Rangat 0 0 0 10 10
23. Govt. Primary School,Rangat 1 0 82 1 0 82
24. Govt. Sr. Sec. School ,Rangat 3 0 10 1 0 10

Govt Sr. Sec School, Sabari
25. 2 0 15 2 0 15
Junction
Govt Primary School English
26. 1 0 5 1 0 5
Medium, Sabari Junction, Rangat
27. Zonal Library, Sabari Junction 1 0 7 1 0 7
Office of Deputy Education
28. 1 0 31 1 0 31
Officer, Rangat
Govt Sec School, Hindi & Bangla
29. 2 0 15 2 0 15
Medium, Rangat
30. Govt Primary School, Amkunj 1 0 35 1 0 35
31. Govt Primary School,Baratpur 1 0 35 1 0 35
Govt Middle School,
32. 3 0 20 2 0 20
Padmanabapuram
33. Govt Sec School, Pinaki Nagar 4 0 90 4 0 90
Govt Sr. Sec School, Swadesh
34. 0 0 0 10 10
Nagar
Govt. Primary School, Picture
35. 1 0 28 1 0 28
Nallah
36. Govt. Primary School, Hari Nagar 1 26 0 1 0 26
37. Govt Primary School, Pinaki Nagar 0 0 0 5 5
Govt Primary School(E.M), Hari
38. 1 0 20 1 0 20
nagar
Govt Primary School Bangla
39. 0 0 0 5 5
Medium, Korangu Nallah
40. Govt. Sec. School, Basantipur 4 0 50 4 0 50
41. Govt. Sr. Sec. School,Long Island 4 0 10 4 0 10
42. Govt Middle School, Rangat Bay 2 0 10 2 0 10
Govt. Middle School, Katai Dera,
43. 0 0 0 5 5
Kadamtala
44. Govt. Middle School, Kadamtala 0 0 0 5 5
45. Govt. Middle School, Kadamtala 1 0 0 0 5 5
46. Govt. Sr Sec School, Kadamtala 8 0 90 4 0 90
Govt. Primary School, Uttara,
47. 2 0 50 2 0 50
Kadamtala
48. Govt. Primary School , Kadamtala 0 0 0 5 5
49. Govt. Sr. Sec. School, Long Island 1 0 117 1 0 117
TOTAL 72 1 26 1333 63 75 1434
3. Northern Andaman (NA-Education)
Demand Aggregation of roofs under Health Department (North Andaman)

Type of Total
Potential Feasibility (kW) Total No. Additional
sheet Total Capacity
Sl. Name of the Buildings Capacity of Capacity-
(Tin+RCC+Car
No. Inspected to be Feasible feasible Car Sheds*
Tin RCC Feasible Sheds) (kW)
installed (Tin) Buildings (kW)
(kW) (RCC)
Primary Health Centre,
1 Radhapur 3 93 0 5 5
Sub Centre Medical,
2 Millangram 1 10 0 2 1 0 2
3 Sub Centere, Aeriel Bay 1 10 0 10 1 0 10

Sub Centre Medical,
4 Sitanagar 1 9 0 9 1 0 9
Community Health Service,
5 Diglipur 10 181 0 181 10 0 181
6 Sub Centre Sitanagar 1 5 0 5 1 0 5
7 Kalighat 1 85 0 25 1 0 25
8 Sub Centre, Ramnagar 1 11 0 11 1 0 11
9 Kishoire Nagar 6 108 0 5 5
Sub Centre Medical,
10 Nabagram 1 23 0 23 1 0 23
TOTAL 26 - 568 0 266 17 10 276
4. Middle Andaman (MA-Health)
Demand Aggregation of roofs under Health Department(Middle Andaman)

Type of Additional
Feasibility(kW) Total No. Total Feasible
sheet Capacity-
Sl. of Capacity
Name of the Buildings Inspected Car
No. Feasible feasible (Tin+RCC+Vehicle
Tin RCC Feasible Sheds*
(Tin) Buildings Shed)
(RCC) (kW)
Health and Wellness Centre, South
1 2 0 0 25 1 0 25
Creek, Baratang
Health and Wellness Centre, Kalsi,
2 1 0 0 10 1 0 10
Bakultala
3 Sub Centre, Bakultala 1 9 0 1 0 9
4 Medical, Rampur, Rangat 0 0 0 5 5
5 Sub Health Centre, Sabri 1 0 0 10 1 0 10
6 Sub Centre, Nimbutala 1 0 0 10 1 0 10
7 Sub Centre,Darmapur, Betapur 1 0 0 15 1 0 15
8 Govt. Hospital, Billiground 1 0 0 69 1 0 69

Health and Wellness Centre,
9 0 0 0 5 5
Billiground
Health and Wellness Centre,
10 1 0 0 14 1 0 14
Nimbudera
Health and Wellness Center, Long
11 2 0 0 0 5 5
Island
Dr. Rajandra Prasad Hospital,
12 2 0 0 30 2 0 30
Mayabunder
Health & Wellness Center, Santanu,
13 5 0 0 0 5 5
Kadamtala
Health & Wellness Center, Katai
14 1 0 0 20 1 0 20
Dera, Kadamtala
TOTAL 18 1 9 203 11 20 232

5. Northern Andaman APWD
Demand Aggregation of roofs under APWD Department (North Andaman)

Present Feasibility Additional Total Capacity
Type of sheet Total No.
(kW) Capacity- (RCC+Tin+Car
Sl. of
Name of the Buildings inspected Car Sheds)
No. Feasible Feasible feasible
Tin RCC YE Sheds*
(RCC) (Tin) Buildings
(kW)
S
1 JE office Radhanaghar, Diglipur 1 0 7 1 0 7
Govt. APWD Office Kisori Nagar,
2 0 0 5
Diglipur 5
JE APWD office Kisori Nagar,
3 1 0 8 1 8
Diglipur 0
Inspection Banglow Subash Nagar,
4 3 0 0 5
Diglipur 5
APWD Guest House Subash Gram,
5 0 0 5
Diglipur 5
EE Office APWD Construction
6 0 0 5
Division Subash Gram, Diglipur 5
JE Office APWD Naveen Nagar,
7 1 0 9 1 9
Diglipur 0
JE APWD Office Navin Nagar,
8 1 0 7 1 7
Diglipur 0
9 APWD JE Office CD, Kalighat 1 0 7 1 0 7
10 APWD Guest House, Kalighat 2 0 24 2 0 24
11 APWD JE Office cd Mohanpur 1 0 7 1 0 7
12 APWD Dept, Kalighat 1 7 0 1 0 7
TOTAL 13 1 7 69 9 20 96
6. Middle Andaman APWD
Demand Aggregation of roofs under APWD Department (Middle Andaman)

Type of Additional Total
Feasibility (kW) Total No.
sheet Capacity- Capacity
Sl. of
Name of the Buildings inspected Car (RCC+Tin+
Tin RCC Sheds* Car Shed)
(kW)
Inspection Bunglow (APWD Guest House), 38
1 2 0 38 1
Baratang
Office of the AE Sub Division 3 APWD, 12
2 2 0 12 2
Baratang
3 Office of the JE (E&M) APWD, Bakultala 4 0 43 4 43
4 AHW Guest House and Office 1 0 8 1 8
5 APWD Helipad, Ground Building, Nimbutala 1 10 0 1 10
6 APWD Pump House, Nimbutala 1 0 10 1 10
7 Office of the AE CD 1 APWD, Rangat 3 0 75 3 75
8 Store APWD, Rangat 3 0 5 5
Water Treatent Plant, Pump House, APWD, 5
9 0 5
Rangat
10 Office of the JE (Worshop), Rangat 3 0 5 5
11 APWD Godown, Rangat Bay 0 5 5
12 Office of the AE APWD, Rangat Bay 4 1 53 0 5 53
13 Office of The AE SB- III, Betapur 2 0 43 2 43

14 Pump House, APWD, Billiground 1 0 38 1 38
15 Office of the JE APWD Section-IV,Long Island 1 0 25 1 25
16 APWD Guest House Banglow New, Kadamtala 1 0 35 1 35
17 Water Supply APWD, Kadamtala 1 0 28 1 28
18 APWD guest house & AE Office, Mayabunder 3 0 101 3 101
19 APWD EE office, Mayabunder 0 5 5
20 APWD Workshop, Mayabunder 0 5 5
21 AE (EM) Sub Division, Mayabunder 0 5 5
TOTAL 38 2 63 456 27 35 554
7. Middle and Northern Andaman ALHW
Demand Aggregation of roofs under ALHW Department(Middle & North Andaman)

Type of Additional
Feasibility(kW) Total No. Total Feasibile
sheet Capacity -
Sl. of Capacity
Name of the Buildings Inspected YE Car
No. Feasible feasible (RCC+Tin+Car
Tin RCC Feasible Sheds*
S (Tin) Buildings Sheds)
(RCC) (kW)
1 ALHW Guest House and Office, Baratang 1 0 8 1 0 8
2 Office of the AE (M & S) ALHW, Rangat Bay 1 0 21 1 0 21
3 Workshop ALHW,Rangat Bay 5 0 94 4 0 94
4 ALHW (Power house), Rangat Bay 1 8 0 1 0 8
5 ALHW (Guest House), Rangat Bay 1 22 0 1 0 22
6 ALHW office EE Civil, Rangat Bay 1 1 63 0 2 0 63
7 ALHW ,Mayabunder 3 4 116 0 4 0 116
8 ALHW diglipur Aerial Bay,Diglipur 2 1 30 0 2 0 30
TOTAL 13 8 239 123 16 0 362
8. Northern Andaman Veterinary
Demand Aggregation of roofs under Veterinary Department(North Andaman)
Type of
Feasibility(kW) Additional
sheet Total No. Total Capacity
Capacity -
Name of the Buildings Inspected of feasible (RCC+Tin+Car
Feasible Car Sheds*
Tin RCC Buildings Sheds)
Feasible (Tin) (kW)
(RCC)
Veterinary Sub Dispensary Milangram 1 0 6 1 6
0
Department of animal husbandry,Sitanagar 3 0 74 1 74
0
Veterinary Sub-Dispensary,M/Pur 1 0 9 1 9
0
Veterinary Sub-Dispensary,Nabagram 1 0 10 1 10
0
Total 7 0 99 4 0 99

9. Middle Andaman
Demand Aggregation of roofs under Veterinary Department(Middle Andaman)

Type of Additiona
Feasibility(kW) Total Total
Total sheet l
No. of Feasible
Sl. Name of the Buildings No. of Capacity-
feasible Capacity
No. Inspected Building RC Feasible Feasible Building Car
Tin (RCC+Tin+
s C (RCC) (Tin) Sheds*
s Car Sheds)
(kW)
Dept. of Animal Husbandry
1 Vetnary Services, Nilambur, 1 1 0 10 1
Baratang 0 10
2 Veterinary Hospital, Betapur 1 1 0 9 1 0 9
3 Veterinary Hospital, Betapur 1 1 0 9 1 0 9
Animal Husbandry,
4 1 1 0 0
Basantipur,Nimbudera 5 5
Total 11 5 0 28 3 5 33
10. Northern Andaman Agriculture
Demand Aggregation of roofs under Agriculture Department (North Andaman)

Total Additio
Total
Potential nal
Total feasible
Type of Capacity Capacit
Feasibility(kW) No. of capacity
Sl. sheet to be y - Car
Name of the Buildings inspected feasible (RCC+Tin+
No. Installed Sheds*
Building Car sheds)
(kW) (kW)
s
RC Feasible Feasible
Tin
C (RCC (Tin)
Main Store Dept. Agriculture ,Aerial
1 1 - 30 0 30 1 30
Bay, Diglipur 0
Soil Conservation Department
2 1 - 11 0 11 1 11
Agricuture,VS Palli, Diglipur 0
Agriculture Sub- Depot,
3 1 - 10 0 10 1 10
Subashgram,Diglipur 0
Agriculture Sub-Depot, Sitanagar,
4 1 - 4 0 4 1 4
Diglipur 0
Agriculture Sub-Depot, Nabagram,
5 1 - 11 0 11 1 11
Diglipur 0
TOTAL 5 - 95 0 66 5 0 66
11. Middle Andaman Agriculture
Demand Aggregation of roofs under Agriculture Department (Middle Andaman)

Type of Additional Feasible
Feasibility(kW) Total No.
Sl. Name of the Buildings sheet Capacity- Capacity
of feasible
No. Inspected Feasible Feasible Car Sheds* (RCC+Tin+Car
Tin RCC Buildings
(RCC) (Tin) (kW) sheds)
Sub Depot Department of
1 Agriculture, Baratang
1 0 10 1 0
10

Spices Demonstration
2 Farm(Agri) Baratang, Adazig
1 0 4 1 0
4
Plant Protection Center
3 Bakuntala, Lakshmanpur
1 0 15 1 0
15
Dept. of Agri. Sub
4 Depot,Bakuntala
1 0 7 1 0
7
Office of Assistant Director
5 Ariculture ,Rangat
1 0 0 0 5
5
Zonal Worshop Department of
6 Agriculture ,Rangat
1 0 0 0 5
5
7 Agriculture Office,Rangat Bay 0 0 0 5 5
Seed Multiplication Farm (Dept
8 of Agri.),Nimbudera
2 0 45 2 0
45
9 Agriculture,Mayabunder 1 1 28 28 2 0 56
10 Bio control Lab, Nimbudera 2 0 10 2 0 10
TOTAL 14 1 28 119 10 15 162
12. Middle and Northern Andaman Police
Demand Aggregation of roofs under Police Department (North & Middle Andaman)
Type of Additional
Feasibility(kW) Total No.
sheet Capacity- Total capacity
Sl. of
Name of the Buildings Inspected Car (RCC+Tin+Car
Tin RCC Sheds* Sheds)
(kW)
Police Radio, Kalighat,Diglipur 1 - 0 18 1 0
1 18
2 Police Station, Kalighat,Diglipur 0 0 0 0 5 5
3 Police outpost, Kishorinagar,Diglipur 1 - 0 35 1 0 35

New Building police station, Subhash
0 - 0 0
4 Gram,Diglipur 5 5
5 Police Radio, Subhash Gram,Diglipur 1 - 0 12 1 0 12
6 Police Radio, Mayabunder 2 1 10 0 1 0 10
7 Police Department, Mayabunder 3 - 0 49 3 0 49
8 SP Office, Mayabunder 1 - 0 37 1 0 37
9 Police Radio, Baratang 1 - 0 9 1 0 9
10 Police Station, Oral Katcha, Baratang 1 - 0 22 1 0 22
11 Police Radio, Kadamtala 1 - 0 19 1 0 19
12 Police station, Kadamtala 1 - 0 67 1 0 67
13 Police station, Bakuntala 1 1 28 0 2 0 28
14 Police Outpost, Betapur 1 - 0 53 1 0 53
15 Police station, Billiground 2 - 0 60 2 0 60
16 Police Outpost, Long Island 1 - 0 67 1 0 67
17 Office of DYSP, Rangat 5 - 0 60 3 0 60

TOTAL 23 2 38 508 21 10 556

13. Middle and Northern Andaman Fire Stations
Demand Aggregation of roofs under Fire Department (North & Middle Andaman)
Total Additional Total
No. of Capacity - feasible
Sl. Type of
Name of the Buildings Inspected Feasibility(kW) feasible Car capacity
No. sheet
Building Sheds* (RCC+Tin+
s (kW) Car Sheds)
RC Feasible Feasible
Tin
C (RCC) (Tin)
1 Fire Station, Diglipur, Subhash Gram 1 - 0 43 1 0 43
2 Fire Station, Kalighat, Diglipur 1 - 0 32 1 0 32
3 Fire station, South Creek, Baratang 1 - 0 32 1 0 32
4 Fire Station, Bakuntala 1 - 0 30 1 0 30
5 Fire station, Rangat 1 - 0 45 1 0 45
6 Fire Station, Billiground 1 - 0 0 5 5
7 Fire station, Kadamtala 2 - 0 40 2 0 40
TOTAL 8 - 0 222 7 227
14. Northern Andaman Forests
Demand Agregation of roofs under Forest Department (North Andaman)

Type of Additional
Feasibility(kW) Total No. Total proposed
sheet Capacity-
Sl. Name of the Buildings of capacity
Car
No. Inspected Feasible Feasible feasible (RCC+Tin+Car
Tin RCC Sheds*
(RCC) (Tin) buildings Sheds)
(kW)
0
1 Forest Range Office, Aerial Bay 1 0 23 1 23
0
2 Forest Range Office, Diglipur 1 0 2 1 2
0
3 Forest Station, Diglipur 1 0 12 1 12
0
4 Forest Guest House, Diglipur 3 0 44 3 44
0
5 DFO Office, Diglipur 3 0 50 3 50
0
6 Range Office, Diglipur 1 0 6 1 6
0
7 Forest Range Office, Kalighat 1 0 7 1 7
0 144
Total 16 0 144 11

15. Middle Andaman Forests
Demand Aggregation of roofs under Forest Department (Middle Andaman)

Type of sheet Feasibility(kW) Additional
Total Feasible
Total No. of Capacity-
Sl. Capacity
Name of the Buildings inspected Feasible Feasible feasible Car
No. Tin RCC (RCC+Tin+Car
(RCC) (Tin) Buildings Sheds*
Sheds)
(kW)
Forest Labour Welfare
1 Club,Baratang
1 0 50 1 50
Forest Workshop, Krishna
2 Nagar,Baratang
1 0 0 5 5
Mangroove Forest Rest
3 House,Baratang
4 0 42 2 42
4 Forest Guest House,Bakultala 1 0 0 5 5

5 Range Office,Bakultala 1 0 24 1 24
6 Range Office, Rampur,Rangat 2 0 40 2 40
7 DFO ,Rangat 2 0 28 1 28
Mobile Escort Forest, TV Centre
8 ,Rangat
1 0 17 1 17
9 Govt. Saw Mill,Betapur 7 0 239 4 239

Forest Range Office new,
10 Kadamtala
2 0 22 2 22
11 Forest Guest house ,Mayabunder 1 0 19 1 19

12 DFO Office,Mayabunder 5 0 48 4 48
TOTAL 55 0 529 19 10 539
16. Northern Andaman Other
Demand Aggregation of roofs under Other Department (North Andaman)

Type of
Feasibility(kW) Total No. Additional
sheet
Sl. of Capacity
Name of the Buildings Inspected Total Capacity
No. Feasible feasible (Car
Tin RCC Feasible (RCC+Tin+Car
(Tin) Buildings Sheds)*
(RCC) Sheds)
Gram panchayat, Radhanagar,
1 1 0 14 1 0 14
Diglipur
Panchayat Community Hall,
2 1 0 26 1 0 26
Sitanagar,Diglipur
3 Gram Panchyat ,Madhupur,Diglipur 3 0 27 3 0 27
Gram Panchayat Office, Subhash
4 1 0 25 1 0 25
Gram,Diglipur
Gram Panchayat Office,
5 1 0 16 1 0 16
Kalighat,Diglipur
6 1 0 25 1 0 25
Ramakrishna Gram,Diglipur
7 1 0 31 1 0 31
Nabagram,Diglipur
Zilla Parishad, Community
8 1 0 26 1 0 26
Hall,Diglipur
Trun Yuvak, Mondal Club, VS
9 1 0 6 1 0 6
Pally,Diglipur

Vivek Kendra Youth Club,
10 2 0 6 1 0 6
Durgapur,Diglipur
11 Youth club, Mohanpur, Diglipur 1 0 5 1 0 5
Panchayat Community Hall, VS
12 1 0 14 1 0 14
Pally,Diglipur
Panchayat Communitity hall, Swaraj
13 1 0 11 1 0 11
Gram,Diglipur
14 Gram Panchayat, Diglipur 1 0 10 1 0 10
Open Community
15 1 0 37 1 0 37
Hall,Kalighat,Diglipur
Community Hall Shyamnagar- II,
16 1 0 16 1 0 16
Diglipur
Community Hall, Kudirampur,
17 1 0 16 1 0 16
Diglipur
Anganwadi, Centre Radha Nagar-
18 1 0 4 1 0 4
1,Diglipur
19 Anganwadi Laxmipur-2,Diglipur 1 0 4 1 0 4
Anganwadi Centre, Radha Nagar-
20 1 0 4 1 0 4
2,Diglipur
Anganwadi Centre, Radha
21 1 0 6 1 0 6
Nagar,Diglipur
22 Anganwadi Subashgram 1 0 4 1 0 4
23 Anganwadi, Hathilevel,Diglipur 1 0 4 1 0 4
24 Anganwadi ,Shivpur,Diglipur 1 0 7 1 0 7
Anganwadi Centre, Ram
25 1 0 6 1 0 6
Nagar,Diglipur
Anganwadi Centre, VS
26 2 0 15 2 0 15
Pally,Diglipur
Anganwadi centre,
27 1 0 5 1 0 5
Durgapur,Diglipur
28 Anganwadi centre,Kalighat, Diglipur 1 0 6 1 0 6
29 Anganwadi Sitanagar, Diglipur 1 0 4 1 0 4
Anganwadi centre & Sub-
30 1 0 4 1 0 4
centre,Kalighat, Diglipur
Angawadi centre,Kalighat-
31 1 0 4 1 0 4
2,Diglipur
Anganwadi, Kudirampur -3,
32 1 0 4 1 0 4
Diglipur
33 Anganwadi, Kudirampur, Diglipur 1 0 5 1 0 5
Extension Office Department of
34 2 0 58 2 0 58
Industries,Subashgram, Diglipur
Skill Development,DBRAIT, RK
35 1 0 31 1 0 31
Gram, Diglipur
Samiti Guest House ,Navin
36 1 0 64 1 0 64
Nagar,Diglipur
37 Multipurpose Hall,Diglipur 1 0 97 1 0 97
38 Vivekananda Stadium, Diglipur 1 0 64 1 0 64
Administration Building
39 1 0 63 1 0 63
Block,Diglipur
TOTAL 48 - 0 774 43 0 774

17. Middle Andaman Others
Demand Aggregation of roofs under Other Departments (Middle Andaman)

Type of Additional
Feasibility(kW) Total
sheet Total No. proposed
Feasible
of capacity-
Sl.No. Name of the Building Inspected Capacity
Feasible feasible Car
Tin RCC Feasible (RCC+Tin+
Tin Buildings Sheds*
RCC Car Sheds)
(kW)
1. Anganwadi Center, Nilambur,Baratang 1 0 6 1 0 6
2. Anganwadi center, Uttara,Kadamtala 1 0 7 1 0 7
3. Anganwadi center, Santanu, Kadamtala 1 0 20 1 0 20
4. Anganwadi,Shantipur,Betapur 2 0 16 2 0 16
Anganvadi center,Katai Dera,

5. 1 0 16 1 0 16
Kadamtala
6. Anganvadi center, Bazaar, Kadamtala 1 0 15 1 0 15
7. Anganwadi, TV Kulam,Betapur 2 0 9 2 0 9
Anganwadi Center, Rogla

8. 1 0 7 1 0 7
Chang,Baratang
9. Anganwadi Centre, Khattan,Baratang 1 0 7 1 0 7
Anganwadi Center, South

10. 1 0 17 1 0 17
Creek,Baratang
11. Gram Panchayat ,Rangat 1 47 0 1 0 47
Panchayat Bhawan,
12. 1 0 26 1 0 26
Harinagar,Billiground
Gram Panchayat Hall,Uttara,
13. 1 0 48 1 0 48
Kadamtala
14. Gram Panchayat , Rampur,Rangat 2 0 37 2 0 37
15. Gram Panchayat,Bakultala 1 0 24 1 0 24
16. Office of Panchayat Samiti ,Rangat 1 0 57 1 0 57
Panchayat Community Hall,Bakultala,

17. 1 0 19 1 0 19
Urmilapur
Gram Panchayat, Swadesh
18. 1 0 27 1 0 27
Nagar,Betapur
Gram Panchayat,
19. 1 0 23 1 0 23
Basantipur,Nimbudera
20. Panchayat community hall ,Rangat 1 0 17 1 0 17
Office of Gram panchayat ,Rangat,

21. 1 0 5 1 0 5
Dhasrathpur
Vegetable Market, Gram Panchayat,
22. 1 0 68 1 0 68
Basantipur,Nimbudera
23. Panchayat multipurpose hall,Nimbutala 1 1 52 0 1 0 52

Panchayat Anganwadi,Nimbutala, Ulla
24. 1 0 13 1 0 13
Basti
25. Community Hall, Kadamtala 1 0 38 1 0 38
26. Community Hall, Adazig,Baratang 1 0 31 1 0 31
27. Gram Panchayat, Nilambur,Baratang 1 0 26 1 0 26
28. Panchayat Bhavan, Uttara, Kadamtala 1 0 26 1 0 26
Panchayat Guest House,

29. 1 0 22 1 0 22
Nilambur,Baratang
30. PMB,Signal Tower office,Rangat Bay 1 10 0 1 0 10
31. PMB,Office,Rangat Bay 1 6 0 1 0 6
Office of the Revenue Inspector,

32. 1 0 10 1 0 10
Patwari Tehsil, Kadamtala
33. Govt. Fish Market, Kadamtala 1 0 18 1 0 18
34. ICDS,Nimbutala 1 0 6 1 0 6
Child Development Project

35. 2 0 19 2 0 19
Officer,Bakultala
36. Passenger hall, Uttara jetty 1 0 21 1 0 21
Waiting Hall and Canteen, Gandhighat,

37. 1 0 11 1 0 11
Baratang
38. Passenger Hall ,Baratang 1 0 10 1 0 10
General Engineering Training Centre,

39. 0 5 5
Industries
Office of Assistant Labour
40. 1 0 13 1 0 13
Commissioner ,Rangat
41. Bio Control Lab,Nimbudera 2 0 10 2 0 10
Doordarshan ,Kadamtala Bazaar,

42. 1 0 12 1 0 12
Kadamtala
43. DC Office,Mayabunder 2 0 102 2 0 102
44. Tehsildar Office,Mayabunder 1 0 36 1 0 36
45. Court ,Lucknow,Mayabunder 1 108 0 1 0 108
TOTAL 61 6 223 895 50 1123

ANNEXURE-VI
Project completion Report for Solar Power Plants

(by the installer)
Sl.No. Component Observation
1. Sanction No & Date
2. Category:- Nodal Agency/

Channel partner (Name) and Complete Address
Site/Location with Complete Address
Longitude/Latitude
3. Capacity of system installed(kWp)
4. Specification on the Modules
Type of modules (Multi/mono)
Make of Modules and year of manufacturing
Wattage and no of modules
Module Efficiency
No of series & Parallel combinations
Tilt Angle of Modules
4.1 IEC certificate
Date of issue
Agency
Validity
Enclose a IEC certificate
4.2 Whether imported or indigenous.

4.3 RFID tag is pasted inside or outside
4.4 Type if RFID
5. PCU
Make, &rating
Type of Charge controller/MPPT
Capacity if inverter and year of manufacturing
AC Output
Whether hybrid or stand alone
Whether indigenous or imported
Enclose test certificate as per MNRE requirement
Input Voltage to Inverter
6. Structure
Tracking or non tracking
Indigenous or imported
7. Distribution Box
Name
Make
Certificate
8. Earthling and protections
Lightening Arrester (Type)
9. Date of Commissioning
10. Monitoring Mechanism for the installed System

11. Technical Person Trained to maintain system
Name with Mobile no.
Declaration
It is to certify that all the components/subsystems and materials including junction boxes, cables,
distribution boards. Switches, circuit barkers used are as per MNRE requirement and as per DPR
submitted.
Contractor
With seal
Date:
Place:

ANNEXURE-VII
QUALITY ASSURANCE PLAN (QAP)
PHOTOVOLTAIC MODULE FACTORY TEST REPORT -DIMENSIONAL & VISUAL CHECK
Project:
Customer: EESL QTY:
Module
Type: Date:
Quality Plan:
EES
Vendor
L
Clarifica
DIMENSIONAL CHECK VISUAL CHECK RE
tion/RE
MA
MARKS
RKS
PV
Free Availability
MOD Free from
SL from Free from air of RFID Tag
ULE cells
NO. LENGTH- WIDTH HEIGHT cell bubbles or containing
SERIA overlapping EESL
AS PER -AS PER -AS PER crac delamination: all module
L NO: or cells (YES
DWG. DWG. DWG. ks/br Backsheet data
touching /NO
(YES/ (YES/ (YES/ eaka bubbles(with (YES/NO)
the edge )
NO) NO) NO) ges air trapping)
frame
(YES (YES/NO)
(YES/NO)
/NO)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26

PHOTOVOLTAIC MODULE FACTORY TEST REPORT -ELECTRICAL (I-V) CHECK
Project:
Customer
: EESL QTY:
Module Type: Date
Quality Plan:
CURREN MAXIMU
SHORT VOLTAGE
OPEN T AT M MODULE
CIRCUIT AT PEAK
PV MODULE CIRCUIT PEAK MODULE EFFICIENC FILL FACTOR
SL NO CURREN POWER
SERIAL NO VOLTAGE POWER POWER Y (FF)
T POINT
(Voc V) POINT OUTPUT (in %)
(Isc A) (Vmp V)
(Imp A) (Pmax W)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

PHOTOVOLTAIC MODULE FACTORY TEST REPORT -IR-HV-IR TEST CHECK
Project:
Customer: EESL QTY:
Module Type: Date:
Quality Plan:
PV MODULE IR BEFORE HV TEST 3KV, 1 IR AFTER RESULT

SL NO.
SERIAL NO: (MΩ) MIN (µa) (MΩ) (Pass/Fail)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

PHOTOVOLTAIC MODULE FACTORY TEST REPORT -EL TEST CHECK
Project:
Customer: EESL QTY:
Module Type: CRYSTALLINE MODULES Date:
Quality Plan:
SL NO PV MODULE SERIAL NO EL TEST (PASS/FAIL) REMARKS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

Annexure-VIII
Net Meter Specifications
Three Phase Net Meter:

Connection Type-Direct Connected
Wiring Configuration-3-phase Bi-directional Meter
System:
Current Range: 10-60 Amp
Voltage Range: 230/240 V (P-N)/400/415 V (P-P)
Accuracy 1.0 accuracy Class, As per IS 13779
Measuring Parameters
_ Active & Apparent Power & Energy in both Import & Export mode
_ Net Energy Calculation
_ Maximum Demand with Date & Time snap shots
_ Power On-Off event logging
_ Last 6months Billing Data
_ ToU wise Data i.e. upto 8 configurable Tariff Zones
_ Daily(midnight) & every 15/30/60Min Load profile Data
_ Anti-Tamper and Event logging
True (4-Q) Energy measurement in Three Phase Bi-directional Meter
Communication
_ Galvanically Isolated Optical Port for Communication
Mechanical
Lab Testing of these Net Meters, as per DISCOM requirement, shall be in scope of EPC
contractor only.

Annexure-IX
Compliance Matrix/Check-List for Bidders
[To be submitted on Letter Head]
Please ensure these Major Terms & Conditions before submitting your bid in order to avoid
REJECTION of your offer
Sr. Detail/Terms & Conditions Applicable Attached Reasons for non-

No. For Yes No compliance/remarks
1 Bid Fee (If Applicable) Indian Bidders
2 EMD (If Applicable) Indian Bidders
3 Bid Fee exempted for being MSE/Start-up Indian Bidders
EMD exempted for being MSE/Start-up Indian Bidders

Relevant Certificate of MSEs/Start-up certificate Indian Bidders
from DIPP is required to be submitted (registration
to be for item tendered)
In case of Start-up, Business Eligibility certificate Indian Bidders
(for item tendered) is also required to be submitted
(Refer Page 12 of Section-2)
In case of SC/ST entrepreneurs belonging to MSE, Indian Bidders
documentary proof to be submitted
In case of Women entrepreneurs belonging to MSE, Indian Bidders
documentary proof to be submitted
4 Relevant documents and confirmation towards QR Indian Bidders
5 Duly signed and company sealed copy of whole Indian Bidders

tender document and subsequent amendments (if
any)
6 Duly filled up and attached Technical (Unpriced) Indian Bidders

Bid and all applicable formats of tender document.
7 Separate sheet(s) of deviation If any, from the tender Indian Bidders

conditions with seal and signature of authorized
personnel.
8 Declaration of Lot quoted by the bidder (as per Indian Bidders
Attachment-11 of Section-6)
9 Certificate regarding Declaration of Local Content Indian Bidders
(as per Format in Attachment-14)
NOT TO BE PRINTED ALONG WITH ABOVE TABLE

The above mentioned points are major Terms & Conditions and are indicative in nature. Bidder shall carefully go
through the detailed requirements, QR and other terms and conditions for better understanding and submit the bid
accordingly.

Annexure-X
Compliance Matrix/Check-List for Bid Evaluation Criteria

[To be submitted on Letter Head]
Please ensure these major Terms & Conditions before submitting your bid in order to avoid
REJECTION of your offer
Technical QR Bidder qualification criteria for as per Tender terms and conditions. The relevant
documentary evidence like work order copies, completion certificates etc. are
required to be furnished along with technical bid substantiating the qualification
towards relevant experience/technical criteria (Documentary proof to be attached
along with the technical bid)
Order/Award Nos Order date and Order/Award Client Name Description of
completion date Amount Order/Award
Financial QR Average Annual turnover of the bidder shall be as specified in tender documents in
three preceding financial years. Copy of latest audited balance sheet, profit and loss
account and copy of IT returns required to be furnished as asked in the tender.
Financial Year Annual Turnover Net Worth Profitability
Other Mandatory Requirements

Confirmation for Tender Terms and Conditions/EMD [Please tick (√) as applicable]
1 Confirm that your bid is valid as per tender
terms and conditions as on the last date of
submission of the bid
2 Confirm your compliance to TERMS AND
CONDITIONS of bidding document
Note:
Documentary evidence is attached for experience criteria as per QR is attached along with technical unpriced
bid.
Non-compliance to any of the QR will lead to outright rejection of the bid without any further reference to the
bidders.
NOT TO BE PRINTED ALONG WITH ABOVE TABLE

The above mentioned points are major Terms & Conditions and are indicative in nature. Bidder shall carefully go
through the detailed requirements, QR and other terms and conditions for better understanding and submit the bid
accordingly.

SECTION 5
1. Measurement and Verification (M&V)
Not Applicable for this tender
NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop- SECTION - 5 (M & V) Page 1 of 1

Andaman/202109016 Dated: 22-09-2020
SECTION-6
Forms & Procedures
ATTACHMENT – 1
BID FORM
To,
Chief General Manager (SCM)

Energy Efficiency Services Limited.
Core-3, 6th Floor,
SCOPE Complex,
Subject:- NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated: 22-

09-2020
Dear Sir,
With Reference to your subject IFB/RfP, we are pleased to submit our bid for
“……………………………………………………………….” in a sealed cover as detailed below:
Envelope 1: Bid document fee/cost of tender documents [wherever applicable], Bid Security fees/Earnest Money
Deposit, Bid Form, Power of attorney, Certificate regarding acceptance of important terms and conditions, Form
of acceptance of EESL fraud prevention policy.
Envelope 2: Price Bid
We confirm that we have quoted as per instructions and terms and conditions of tender documents. We have
submitted all the four attachments as stated in “Instructions to Bidders”
We declare that the prices left blank in price schedule/price bid will be deemed to have been included in the prices
of other items. We confirm that except as otherwise specifically provided, our bid prices include all applicable
taxes including service tax, entry tax (if any), duties, levies, charges as may be assessed on us.
We further declare that additional conditions, variations, deviations, if any, found in the proposal other than those
listed in Attachment-5 save those pertaining to any rebates offered, shall not be given effect to.
We undertake, if our bid is accepted, we shall commence the work immediately upon your Letter of Intent /Letter
of Award to us, to achieve completion of work within the time specified in the bidding documents.
If our bid is accepted, we undertake to provide contract performance securities and securities for Deed(s) of Joint
Undertaking (as applicable) in the form and amounts and within the times specified in the bidding documents.
We agree to abide by this bid for a period 180 days from the date of opening of bids as stipulated in the bidding
documents and it shall remain binding upon us and may be accepted by you at any time before the expiration of
that period. Further, the prices of recommended spares, if asked for; contained in our bid shall re-main valid for
the entire project period after placement of LoI/LoA.
Until a formal contract is prepared and executed between us, this bid, together with your written acceptance thereof
in the form of your Letter of Intent/ Letter of Award shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any other bid you may receive.
We, hereby, declare that only the persons or firms interested in this proposal as principals are named here and that
no other persons or firms other than those mentioned herein have any interest in this proposal or in the contract to
be entered into, if the award is made on us, that this proposal is made without any connection with any other
person, firm or party likewise submitting a proposal, is in all respects for and in good faith, without collusion or
fraud.
Dated --------
NAME/S &AUTHORISED SIGNATORIES
ADDRESS:
MOBILE NO. :
LAND LINE NO. :
Our correspondence details are:
1 Name of the bidder
2 Address of the bidder
Name of the contact person to whom all references shall

3
be made regarding this tender
Designation of the person to whom all references shall

4
be made regarding this tender
Address of the person to whom all references shall be

5
made regarding this tender
6 Telephone (with STD code)
7 E-Mail of the contact person
8 Fax No. (with STD code)
9 GST No. of the bidder

ATTACHMENT – 2
Format for submitting BG format in lieu of EMD.
(To be stamped in accordance with Stamp Act, if any, of the country of the issuing Bank)
Bank Guarantee No. ........................

Date..............................................
To:

Core-3, 6th Floor,
SCOPE Complex,
Dear Sir(s),
In accordance with invitation for bids under your bidding document/package

no………………………………………………dated……………………..M/s……………………………having
its registered/head office at………………………………………………………….(here in after called “Bidder”)
wish to participate in the said bid for (name of package)
We, the ………………………………………………………. (Name and address of the bank), having our head
office at ……………………………………………………………………………….guarantee and undertake to
pay immediately on demand by Energy Efficiency services Limited, the amount of …………………..without any
reservation, protest, recourse. Any such demand made by the employer shall be conclusive and binding on us
irrespective of any dispute or difference raised by the bidder.
The Guarantee shall be irrevocable and shall remain valid upto ………………….. If any further extension of
guarantee is required, the same shall be extended to such period (not exceeding one year) on receiving instructions
from…………(Bidder’s Name)_______________, on whose behalf guarantee is issued.
In witness whereof the bank, through its authorized officer, has set its hand and stamp on
this………………………day of ………………20…………………at……………
Witness:
Signature: Signature:
Name: Name :
Official address: Designation with Bank Stamp
Authorized vide
Power of Attorney no.
Date
NOTE:
 Bid Security amount shall be as specified in the IFB/ITB.
Complete mailing address of the Head Office of the Bank to be given. The bank guarantee validity
date shall be forty five (45) days after the last date for which the bid is valid.
 The Stamp Paper of appropriate value shall be purchased in the name of guarantee issuing Bank. The
Bank Guarantee shall be issued on a stamp paper of value as applicable in the State of the issuing bank
in India or the State of Delhi in India or the State of India from where the BG shall be operated, whichever
is higher.
 While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the Bank
Guarantee Verification Check List. Further, Bidders are required to fill up this Form 16 and enclose the
same with the Bank Guarantee.
BANK GUARANTEE CHECK LIST
1 Bank Guarantee No.

2 Issuing Bank
3 Nature of BG & No. of Pages
4 Validity of BG
5 Package Description
6 Party & Contracts ref. Name, Address, Tel, Fax, E—mail
7 Bank Reference
CHECK LIST
Sl.No. Details of Checks YES / NO

a) Is the BG on non-judicial Stamp Paper of appropriate value, as per Stamp Act ?
Whether date, purpose of purchase of stamp paper and name of the purchaser are
indicated on the back of Stamp paper under the Signature of Stamp vendor? (The date of
purchase of stamp paper should be not later than the date of execution of BG and the
b)
stamp paper should be purchased either in the name of the executing Bank or the party
on whose behalf the BG has been issued. Also the Stamp Paper should not be older than
six months from the date of execution of BG)
In case the BG has been executed on Letter Head of the Bank, whether adhesive Stamp
c)
of appropriate value has been affixed thereon?
Has the executing Officer of BG indicated the name, designation and Power of Attorney
d)
No. / Signing Power no. etc., on the BG ?
Is each page of BG duly signed / initiated by executants and whether stamp of Bank is
e) affixed thereon? Whether the last page is signed with full particulars including two
witnesses under seal of Bank as required in the prescribed proforma?
Does the Bank Guarantees compare verbatim with the proforma prescribed in the bid
f)
documents ?
In case of any changes in contents of text, whether changes are of minor/clerical nature
g)
(which in no way limits the right of EESL in any manner ) ?
Incase of deviations in text of BG, which materially affect the right of EESL, whether the
changes have been agreed based on the opinion by Legal Department or BG I considered
h)
acceptable on the basis of opinion of law Department already available on the similar
issue.
Are the factual details such as Bid Document No. NOA/LOA/Contact No., Contract
i) Price, Percentage of Advance, Amount of BG and Validity of BG correctly mentioned in
the BG ?
Whether overwriting / cutting if any on the BG have been properly authenticated under
j)
signature and seal of executant ?
Whether the BG has been issued by a Bank in line with the provisions of Bid /Contract
k)
documents ?
In case BG has been issued by a Bank other than those specified of Bid / Contract
l) Documents, is the BG confirmed by a Bank in India acceptable as per Bid / Contract
documents?
ANNEXURE-I
LIST OF BANKS ACCEPTABLE FOR SUBMISSION OF BANK GUARANTEE FOR BID

SECURITY
SCHEDULED COMMERCIAL BANKS
 SBI AND ASSOCIATES
Sl.No. Name of Banks Sl. Name of Banks

No.
1. State Bank of India 5. State Bank of Mysore
2. State Bank of Bikaner and Jaipur 6. State Bank of Patiala
3. State Bank of Hyderabad 7. State Bank of Saurashtra
4. State Bank of Indore 8. State Bank of Travancore
 NATIONALISED BANKS

No.
9. Allahabad Bank 13. Canara Bank
10. Andhra Bank 14. Central Bank of India
11. Bank of India 15. Corporation Bank
12. Bank of Maharashtra 16 Dena Bank
17. Indian Bank 18. Indian Overseas Bank
19. Oriental Bank of Commerce 20. Punjab National Bank
21. Punjab & Sind Bank 22. Syndicate Bank
23. Union Bank of India 24. United Bank of India
25. UCO Bank 26. Vijaya Bank
27. Bank of Baroda
 SCHEDULED PRIVATE BANKS (INDIAN BANKS)

No.
27. Bank of Rajasthan 41. Sangli Bank Ltd.
28 Bharat Overseas Bank Ltd. 42. South Indian Bank Ltd.
29. Catholic Syrian Bank 43. Tamilnad Mercantile Bank Ltd.
30. City Union Bank 44. United Western Bank Ltd.
31. Dhanalakshmi Bank 45. ING Vysya Bank Ltd.
32. Federal Bank Ltd. 46 UTI Bank Ltd.
33. Jammu & Kashmir Bank Ltd. 47. S.B.I. Commercial & International Bank Ltd.
34. Karnataka Bank Ltd. 48. Ganesh Bank of Kurundwad Ltd.
35. KarurVysya Bank Ltd. 49. INDUSIND Bank Ltd.
36. Lakshmi Vilas Bank Ltd. 50. ICICI Bank Ltd.
37. Lord Krishna Bank Ltd. 51. HDFC Bank Ltd.
38. Nainital Bank Ltd. 52. Centurion Bank of Punjab Limited
39. Kotak Mahindra Bank 53. Development Credit Bank Ltd.
40. Ratnakar Bank Ltd. 54. Yes Bank
(D) SCHEDULED PRIVATE BANKS (FOREIGN BANKS)

No.
55. Abu Dhabi Commercial Bank Ltd. 71. Sonali Bank
56. ABN Amro Bank Ltd. 72. Standard Chartered Bank
57. American Express Bank Ltd. 73. J.P Morgan Chase Bank
58. Bank of America NA 74. State Bank of Mauritus
59 Bank of Behrain& Kuwait 75. Development Bank of Singapore
60. Mashreq Bank 76. Bank of Ceylon
61. Bank of Nova Scotia 77. Bank International Indonesia
62. The Bank of Tokyo-Mitsubishi UFJ 78. Arab Bangladesh Bank
Limited.
63. Calyon Bank 79. Cho Hung Bank
64. BNP Paribas 80. China Trust Bank
65. Barclays Bank 81. MIzuho Corporate Bank Ltd.
66. Citi Bank 82. Krung Thai Bank
67. Deutsche Bank 83. Antwerp Diamond Bank N.V. Belgium
68. The Hong Kong and Shanghai Banking 84. InternationaleNetherlanden Bank N.V.
Corporation Ltd. (ING Bank)
69. Oman International Bank 85. Bank of China Ltd.
70. SocieteGenerale
(E) PUBLIC SECTOR BANK

No.
86. IDBI Ltd.
ATTACHMENT - 3
Tender Document No/Package No: Dated:
Package Details…………………………………..
POWER OF ATTORNEY
BIDDER TO ATTACH THE POWER OF ATTORNEY IN THEIR OWN FORMAT

ATTACHMENT - 4
Tender Document No/Package No: Dated:
(CERTIFICATE REGARDING ACCEPTANCE OF IMPORTANT CONDITIONS)
Bidder's Name& Address
To,
CGM (SCM)
Core-3, 6th Floor,
SCOPE Complex,
Sub: …………………………………………………………………………………………………………
1.0 With reference to our bid proposal no……………………………dated…………for

……………………………………./ Package no. ………………………………………………. Dated
……………………., we hereby confirm that we have read the following provisions of the following clauses and
further confirm that notwithstanding anything stated elsewhere to the contrary, the stipulation of these clauses are
acceptable to us and we have not taken any deviation to these clauses.
Governing Laws - Clause 7 of ITB
Settlement of Disputes - Clause 17 of ITB
Terms of payment - Clause 1.0 of SCC
Performance Security - Clause 5.9 of ITB
Taxes and Duties - Clause 8 of ITB
Completion Time Guarantee - Clause 9 of ITB
Defects Liability - Clause 10 of ITB
Functional Guarantee - Clause 11 of ITB
Patent Indemnity - Clause 2.25 of ITB
Limitations of Liability - Clause 2.27 of ITB
Project information, Estimation, - As per Tables in price bid Assumptions

and conditions for Evaluation
We further confirm that any deviation to the above clauses found anywhere in our bid proposal,
implicit or explicit, shall stand unconditionally withdrawn, without any implication to EESL.
Date: Signature:
Place: Printed Name:
Designation:
Common Seal
Note: In the absence of this certificate, the bid shall be rejected and shall be returned unopened. Bidder can take a
print out of it and sign.
ATTACHMENT - 5
NAME OF WORK:…………………………………………………………………………………
BIDDING DOCUMENT NO……………………………………………………………………..
(Deviations Statement)
Bidder’s Name and Address:
To,

Core-3, 6th Floor,
SCOPE Complex,
Dear Sir,
The following are the deviations and variations from and exceptions to the terms, conditions and specification of
the bidding documents for IFB/RfP No.______________________________________. These deviations and
variations are exhaustive. We are furnishing below the cost of withdrawal for the deviations and variations stated
in this Attachment. We shall withdraw the deviations proposed by us in this Attachment at the cost of withdrawal
indicated herein, failing which our bid may be rejected and bid security may be forfeited. We confirm that except
for these deviations and variations, the entire work shall be performed as per your specifications and conditions
of bidding documents. Further, we agree that additional conditions, variations, deviations if any, found in the
proposal documents other than those stated in this Attachment, save those pertaining to any rebates offered, shall
not be given effect to:
--------------------------------------------------------------------------------------------------------------------------
Section/ Clause Page Statement of Cost of withdrawal

Part/ No. No. Deviations/
Chapter Variations
---------------------------------------------------------------------------------------------------------------------------
A. COMMERCIAL DEVIATIONS :
B. TECHNICAL DEVIATIONS :
------------------------------------------------------------------------------------------------------------------------
Date : (Signature)..............................................
Place : (Printed Name)………………………..
(Designation)........................................
(Common Seal) ...........................
Note: Continuations sheets of like size and format may be used as per Bidder's requirement.
ATTACHMENT - 6
(On Non – Judicial Stamp Paper of appropriate value and purchased in the name of executing Bank)
PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE
Ref.: .......................
Bank Guarantee No…..................
Date.........................
To,

Core-3, 6th Floor,
SCOPE Complex,
Dear Sirs,
In consideration of the EESL, (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…………………………............................................with its Registered / Head Office at
……………………………………………….( hereinafter referred to as the 'Contractor', which expression shall
unless repugnant to the context or meaning thereof, include its successors, administrators and assigns ), a Contract
by issue of Owner’s Letter of Award No………………………………….dated …………….and the same having
been unequivocally accepted by the Contractor and the contractor ( Scope of Contract ) having agreed to provide
a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to *
……………… % (percent) of the said value of the Contract to the Owner.
We ………………………………………(Name & address ) 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, on demand any all money payable by the Contractor to the extent of
………………………………………as aforesaid at any time up to
……………………………………………(days/months/year) 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 Owner and the Contractor or any
dispute pending before any court, tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke
this guarantee during its currency without previous consent of the Owner and further agrees that the guarantee
herein contained 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 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 to enforce or to forbear to enforce any covenants, contained or implied, in the
Contract between the owner and Contractor or any other course of or remedy or security available to the owner.
The Bank shall not be released of its obligations under these presents by any exercise by the owner of its liberty
with reference to the matters aforesaid on any of other indulgence shown by the owner or by any other matter or
thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.
The Bank also agree 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 not withstanding any security
or other guarantee that the owner may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is restricted
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.
Witness
Dated this ……………….day of…………………..at………………………
Witness
……………………………………….
Signature Signature
………………………………… …………………………………
Name Bank’s Rubber Stamp
………………………………………………………
Official Address Name
………………………………………………………
Designation with Bank Stamp
Attorney as per power of Attorney

No…………dated………………………
Note: ** Validity of Bank Guarantee should be 90 days in excess of the period for which it is required.
BANK GUARANTEE CHECK LIST
1 Bank Guarantee No.

2 Issuing Bank
Nature of BG & No. of Pages
4
5 Validity of BG
6 Package Description
7 Party & Contracts ref. Name, Address, Tel, Fax, E—mail
8 Bank Reference
CHECK LIST
S.No. Details of Checks YES / NO

a) Is the BG on non-judicial Stamp Paper of appropriate value, as per Stamp Act ?
b) Whether date, purpose of purchase of stamp paper and name of the purchaser are
indicated on the back of Stamp paper under the Signature of Stamp vendor? (The
date of purchase of stamp paper should be not later than the date of execution of BG
and the stamp paper should be purchased either in the name of the executing Bank or
the party on whose behalf the BG has been issued. Also the Stamp Paper should not
be older than six months from the date of execution of BG)
c) In case the BG has been executed on Letter Head of the Bank, whether adhesive Stamp
of appropriate value has been affixed thereon?
d) Has the executing Officer of BG indicated the name, designation and Power of
Attorney No./ Signing Power no. etc., on the BG?
e) Is each page of BG duly signed / initiated by executants and whether stamp of Bank
is affixed thereon? Whether the last page is signed with full particulars including two
witnesses under seal of Bank as required in the prescribed proforma?
f) Does the Bank Guarantees compare verbatim with the Proforma prescribed in the Bid
Documents?
g) In case of any changes in contents of text, whether changes are of minor / clerical
nature (which in no way limits the right of EESL in any manner)?
h) Incase of deviations in text of BG, which materially affect the right of EESL, whether
the changes have been agreed based on the opinion by Legal Department or BG I
considered acceptable on the basis of opinion of law Department already available on
the similar issue.
i) Are the factual details such as Bid Document No.NOA/LOA / Contact No., Contract
Price, Percentage of Advance, Amount of BG and Validity of BG correctly mentioned
in the BG?
j) Whether overwriting / cutting if any on the BG have been properly authenticated
under signature and seal of executant?
k) Whether the BG has been issued by a Bank in line with the provisions of Bid /Contract
documents?
l) In case BG has been issued by a Bank other than those specified of Bid / Contract
Documents, is the BG confirmed by a Bank in India acceptable as per Bid / Contract
documents?
LIST OF BANKS ACCEPTABLE FOR SUBMISSION OF BANK GUARANTEES FOR
ADVANCE PAYMENTS, PERFORMANCE SECURITIES AND SECURITIES FOR DEED
OF JOINT UNDERTAKING
SCHEDULED COMMERCIAL BANKS

 SBI and Associates
No.
1. State Bank of India 5. State Bank of Mysore
2. State Bank of Bikaner and Jaipur 6. State Bank of Patiala
3. State Bank of Hyderabad 7. State Bank of Saurashtra
4. State Bank of Indore 8. State Bank of Travancore
 Nationalised Banks
No.
9. Allahabad Bank 18. Indian Overseas Bank
10. Bank of India 19. Oriental Bank of Commerce
11. Bank of Maharashtra 20. Punjab National Bank
12. Canara Bank 21. Punjab & Sind Bank
13. Central Bank of India 22. Syndicate Bank
14. Corporation Bank 23. Union Bank of India
15. Dena Bank 24. United Bank of India
16. Indian Bank 25. UCO Bank
17. Vijaya Bank 26. Bank of Baroda
C. Foreign Banks
No.
27. Bank of America NA 34. Standard Chartered Bank
28. The Bank of Tokyo-Mitsubishi UFJ 35. SocieteGenerale
Limited.
29. BNP Paribas 36. Barclays Bank
30. Calyon Bank 37. ABN Amro Bank N. V.
31. Citi Bank N.A. 38. Bank of Nova Scotia
32. Deutsche Bank A. G. 39. Development Bank of Singapore
33. The Hong Kong and Shanghai Banking
Corporation Ltd.
D. SCHEDULED PRIVATE BANKS

No.
40. ING Vysya Bank Ltd. 43. UTI Bank Ltd.
41. ICICI Bank Ltd. 44. YES Bank
42. HDFC Bank Ltd.
E. Other Public Sector Banks

No.
45. IDBI Ltd.
ATTACHMENT - 7
FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY

(On the letter head)
To:

Core-3, 6th Floor,
SCOPE Complex,
Sub: Letter of Acceptance of EESL Fraud Policy
Ref: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated: 22-09-2020
Dear Sir/Madam,
We have read the contents of the Fraud Prevention Policy of EESL and undertake that we along with our associate
/ collaborator /sub contractors / sub-vendors / bidders/ service providers shall strictly abide by the provisions of
the Fraud Prevention Policy of EESL.
Thanking You,
Yours faithfully,
Signature ……………………………….....
Printed Name …………………………….
Designation………………………………..
Common Seal………………………….....
Date:
Place:
FOR DETAILED POLICY, PLEASE VISIT OUR WEBSITE www.eeslindia.org

ATTACHMENT - 8
PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT
Not
Applicable
ATTACHMENT - 9
PROFORMA OF LETTER OF UNDERTAKING

(TO BE FURNISHED ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
[To be executed by the Holding Company Supported by Board Resolution and submitted by the
Bidder along with the Bid, in case financial support is being extended by the Holding Company
to the Bidder for meeting the stipulated Financial Qualifying]
Ref. : NIT/Bid Document No.:
Our Reference No ..........................................Date : ......................

Bidder's Name and Address :
To,

Core-3, 6th Floor,
SCOPE Complex,
Dear Sir,
1.0 We, M/s............................ (Name of the Holding Company) declare that we are the holding
company of M/s................... (Name of the Bidder) and have controlling interest therein.
M/s................................... (Name of the Bidder) proposes to submit the bid for the package
............................. (Name of the package) for ........................................... (Name of the Project)
under bid reference no.......................... dated ..................... and have sought financial strength
and support from us for meeting the stipulated Financial Qualifying Requirement as per Clause
Section 3 and its subsequent amendment.
2.0 We hereby undertake that we hereby pledge our unconditional & irrevocable financial support
for the execution of the said package to M/s....................................... (Name of the Bidder), for
the execution of the Contract, in case they are awarded the Contract for the said package at the
end of the bidding process. We further agree that this undertaking shall be without prejudice to
the various liabilities that M/s.................................... (Name of Bidder) would be required
to undertake in terms of the Contract including the Performance Security as well as other
obligations of M/s..............................................................(Name of the Bidder).
3.0 This undertaking is irrevocable and unconditional, and shall remain in force till the successful
execution and performance of the entire contract and/or till it is discharged by EESL.
4.0 We are herewith enclosing a copy of the Board Resolution in support of this undertaking.
Witness:
Yours faithfully,
(1) ...................................
(Signature of Authorized Signatory)
on behalf of the Holding Company
(2) ...................................
Name &Designation ...............................

Name of the Holding Company ...............
(Seal of Holding Company)
ATTACHMENT –10
REAL TIME GROSS SETTELMENT (RTGS)/ NATIONAL ELECTRONIC

FUND TRANASFER (NEFT)
From: M/s_____________________________
_ _________________________________
___________________________________
___________________________________
Sub: RTGS/NEFT Payments
We are agree to accept admissible payments through electronic mode viz

RTGS/NEFT. For this, we are providing the requisite information herein below. The
RTGS/NEFT charges for the above facility may be deducted/Recovered from our
admissible payment.
Name Of City
Bank Code No.
Branch Code No.
Bank’s Name
Branch Address
Branch Telephone/ Fax No.
Supplier Account No.
Type of Account
IFSC Code for NEFT
IFSC Code for RTGS
Supplier’s name as per Account
Telephone No. of Supplier
Supplier’s E-mail ID
GST No. of the supplier
A cancelled cheque against above bank account number is also being enclosed.
Encl: As above:-
Confirmed by Banker Signature of supplier

With Seal With stamp & Address
ATTACHMENT-11
(Declaration/Blanked-Price Bid Sheet for Lot/Cluster/Quantity Quoted by

the Bidder)
Ref NIT/BID Document No: ___________________________________________

{Description : ______________________________________________________}
To,
Core-3, 6th Floor,
SCOPE Complex,
Subject: Declaration of Package(s) Quoted by Bidder in the Tendered Delivery Period
Ref. above tender, I/We (on behalf of M/s …………………………………….) hereby admit
that I/We, have quoted for the following quantities in the above-referred tender.
Sr. No Package No Cumulative Capacity Insert (√) in the Package

where you have applied
1 Lot – 1 2.68 MWp
(Northern Andaman)
2 Lot – 2 2.755 MWp
(Middle Andaman)
Signature of Bidder
With Stamp & Address
(*Bidder has to mandatorily submit the declaration as above. The bid shall be evaluated on the
basis of this declaration. Providing false declaration may lead to technically non-
responsiveness of the bid)
ATTACHMENT - 13
CERTIFICATE REGARDING COMPLIANCE OF MeitY
NOTIFICATION VIDE FILE NO. 1(10)/2017-CLES dt. 02.07.18
(On the letter head)
To,
5th & 6th Floor, CORE −III, Scope Complex, Lodhi Road, New Delhi 110003
Sub: Compliance of MeitY notification vide File No. 1(10)/2017−CLES dt. 02.07.18
Ref: NIT/RFP No: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated:

22-09-2020
Dear Sir/Madam,
This is to certify that the products/items being offered/ quoted against ref. RfP by
M/s…………………………………………….. meet the definition of domestically
manufactured/produced Cyber Security Products as per Para 4 of MeitY notification vide
File no. 1(10)/2017−CLES dt. 02.07.18 and the bidder shall strictly abide by all provisions of
the subject notification.
Thanking You,
Yours faithfully,
Signature (Statutory Auditor or Cost Auditor)
……………………………….....
Printed Name…………………………….
Seal………………………
Date:
Place:
P.S. In case any complaint is received at EESL end against the bidder regarding supply of
domestically manufactured/produced Cyber Security Products, the same shall be refereed to
STQC, an attached office of MeitY.
Attachment-14
CERTFICATE REGARDING DECLARATION OF LOCAL CONTENT
[On the Letter Head]
To,
5th & 6th Floor, CORE −III, Scope Complex, Lodhi Road, New Delhi 110003
Sub: Sub: Declaration of Local Content as per Order No: P-45021/2/2017-PP (BE-II) dated: 04-
Jun-2020 of Department of Promotion of Industry and Internal Trade and Compliance of
Minimum Local Content Requirement as mentioned in MNRE Office Memorandum No. F. No.
146/57/2018-P&C dated: 11-12-2018
Ref: NIT/Bid Document No: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated:

22-09-2020
Dear Sir/Madam,
This is to certify that following is the local content percentage in the Goods, Services and other
components being offered/quoted against aforementioned tender by
M/s ……………………………………………………………., the same is in compliance with Order
No: P-45021/2/2017-PP (BE-II) dated: 04-Jun-2020 of Department of Promotion of Industry and
Internal Trade and MNRE Office Memorandum No. F. No. 146/57/2018-P&C dated: 11-12-2018 and
the bidder shall strictly abide by all provisions of the subject notification.
Detail of location(s) at
Percentage of which the local value
Sr. No Item
Local Content addition is made
1 Solar PV Modules
2 Other components like inverter etc

Overall Solar System Package along with
3 Services etc. (Balance of System)
Thanking You,
Yours faithfully,
Signature (Statutory Auditor/ Cost Auditor/ Practising CA –

As applicable)
……………………………….....
Printed Name…………………………….
Seal………………………
UDIN No …………………………..
Date:
Place:
ATTACHMENT-15
Declaration of GST Rates applicable
[On bidder’s letterhead]
Subject: Name of the Work: Design, Engineering, Supply, Construction, Erection, Testing,
Commissioning and O&M of grid connected Solar PV Rooftop Power Plants of cumulative capacity of
approximate 7.5 MWp in various Buildings in the Union Territory of Andaman
NIT/Bid Document No : EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated: 22-09-2020
For the purpose of submission of bids for subject matter work, I…………………….(Name of the representative
of Bidder)…………………………… (Designation of the representative) of ……………………………………
(Name of the bidder) hereby declare the GST rates as mentioned in the below Table for all participated lots as
declared in Attachment No 11 of Section-6:
Part Description Unit of GST

Measu (IGST/C
rement HSN/ GST/SG
(UOM) SAC ST/UTG
Code ST )
applicabl
e in %
1 2 3
A1 Solar System Package of 5KW : Supply of material including Per

transportation and Complete civil works and General works including System
erection, commissioning, testing, synchronization etc. of entire system
(Grid Connected Solar PV based rooftop system)
B1 Solar System Package of 5KW : Comprehensive Onsite Operation &

Maintenance for Ten Years




I also declare:
1. that HSN codes mentioned in the above table shall remain firm during the contract duration.
2. In case of deviation in rates mentioned in the said declaration and that mentioned in the price bid, then GST rates as submitted
in the declaration shall prevail.
Submitted.
Signature of representative
Name of the representative

Designation of the representative
Company seal of Bidder
****

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ENERGY EFFICIENCY SERVICES LIMITED

(A JV of PSUs of Ministry of Power, Govt. of India)

SUPPLY CHAIN MANAGEMENT DEPARTMENT

DETAILED INVITATION FOR BIDS (IFB)

NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016 Dated: 22-09-

For & on Behalf of EESL

Engineer Tech (SCM)

NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop- SECTION-1

NIT/Bid Document No. NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-

Pre-Bid Meeting shall be conducted ONLINE through Webex

Meeting Link https://eeslindia.webex.com/eeslindia/j.php?MTID=

NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop- SECTION-1

Chief General Manager (SCM),

NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop- SECTION-1

Account Bank Branch

NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop- SECTION-1

Steps for Registration on EESL’s E-Procurement Portal

A. Digital Signature Certificate:

B. EESL Global Support Telephones and e-mail id

NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop- SECTION-1

INSTRUCTIONS TO THE BIDDER (ITB) / CONSORTIUM OF BIDDERS

A. The Bidding Documents 05

1 The bidding documents includes the following 05

1.2 Clarification on Bidding Documents 07

1.3 Amendment to bidding documents 08

1.4 Cost of tender Documents 08

2.1 Procedure for Submission of Bid/RfP. 09

2.2 Cost of Bid/ RfP 10

2.3 Language of Bids 10

2.4 Bid Security/Earnest Money Deposit (EMD) as attachment 2 in First Envelope: 11

2.5 Power of Attorney 11

2.6 Certificate regarding Acceptance of Important Conditions 12

2.8 Bid prices 12

2.9 Price Basis 12

2.10 Period of Validity of Bid 13

2.11 Format and Signing of Bid 13

2.12 Contents of the RfP/Bid 13

2.13 Conflict of Interest 13

2.15 Authorized Signatory (Bidder or Consortium of bidders) 14

2.16 Consortium related conditions 14

2.17 Contact details of the Bidder or Consortium of bidders 14

NIT/Bid Document No.: EESL/06/2020-21/SCM/Solar-Rooftop-Andaman/202109016

2.19 Removal of Rejected Goods and Replacement 14

2.20 Access to Bidders Premises 15

2.21 Taxes, Levies and Duties 15

2.22 Terms of Payment 15

2.23 Delivery Schedule 15

2.24 Source of Supply 15

2.25 Patent Indemnity 15

2.26. Force Majeure 16

2.27 Limitation of Liability 16

3.1 Sealing and Marking of Bids 16

3.2 Deadline for submission of bids 16

3.3 Late Bids: 17

D Bid Opening and Evaluation 17

4.1 Bid Opening Process 17

4.2 Clarification on Bids 17

4.3 Preliminary Examination of Bids. 17

4.4 Arithmetical errors rectification process 17