WEST BENGAL STATE ELECTRICITY

TRANSMISSION COMPANY LIMITED

Tender Document
for
CONSTRUCTION OF 132/33 KV GIS SUBSTATION AT DINHATA,
DISTRICT COOCHBEHAR
(Packge-38)
NIT No. CE(P)/WBSETCL/Sub-stn Pkg38/15-16/44

DT 02.03.16
Section VIIB
Annexure

CHIEF ENGINEER (PROCUREMENT)

WEST BENGAL STATE ELECTRICITY TRANSMISSION COMPANY LIMITED
VIDYUT BHAVAN
10TH.Floor,B BLOCK
SALT LAKE CITY, KOLKATA 700 091

These documents are meant for the exclusive purpose of bidding against this NIT and shall not be
transferred, reproduced or otherwise used for purposes other than that for which they are
specifically issued.

1. Contract Agreement
2a. 'Letter of Award of Contract' for Supply of Equipment/ Materials
2b. 'Letter of Award of Contract' for Installation of Equipment/ Materials (Excluding Civil Works)
2c. 'Letter of Award of Contract' for Installation of Equipment/ Materials Civil Erection Works
3. Bank Guarantee for Contract Performance
4. Bank Guarantee for Advance Payment
5. Application for Payments
6. Completion Certificate
7. Taking-Over Certificate
8. Trust Receipt for Equipment /Materials received
9a. Indemnity bond to be executed by the contractor for the equipment handed over by the
Purchaser for performance of its contract (Entire Equipment Consignment in one lot)
9b. Indemnity bond to be executed by the contractor for the equipment handed over in
instalments by the Purchaser for performance of its contract
10. Authorization letter
11. Validity Extension of Bank Guarantee
12. No-Claim Certificate

1. Contract Agreement
To be executed on non-judicial stamp paper of appropriate value

[This format shall be edited for all two Contracts]

THIS CONTRACT AGREEMENT is made the ..day of , 20

BETWEEN
West Bengal State Electricity Transmission Company Limited, having been constituted
under the Companys Act , 1956 (read with W.B. Power Sector Reforms Transfer Scheme
2007) under Section 131(4) of the Electricity Act, 2003, having its Registered office at
(hereinafter referred to as the WBSETCL
or the Purchaser) which expression , unless repugnant to the context shall include its
successors and permitted assigns OF THE FIRST PART ,
and
.. [Name of Contractor]., a company incorporated under the laws of
.[country of Contractor]. and having its principal place of business at
..[address of Contractor]. (hereinafter called the Contractor) which
expression shall include its successors and permitted assigns OF THE SECOND PART.
WHEREAS the Purchaser desires to engage the Contractor to design, manufacture, test,
deliver, install, complete and commission and conduct guarantee tests of certain Works, viz.
.[list of Works] ..(the Works) and the Contractor have agreed to
such engagement upon and subject to the terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
Article1. Contract Documents
1.1. Contract Documents (Refer GCC 2)
The following documents shall constitute the Contract between the Purchaser
and the Contractor, and each shall be read and construed as an integral part of
the Contract:
a. This Contract Agreement and the Appendices hereto
b. Letter of Award..[insert relevant LoA references]. including all
documents referred to therein
c. Special Conditions of Contract
d. General Conditions of Contract
e. Technical Specifications and Drawings
f. Bid form and Price Schedules and Annexure (Section VIIA and Section VIIB)
submitted by the Contractor
1.2. Order of Precedence (Refer GCC 2)
In the event of any ambiguity or conflict between the Contract Documents
listed above, the order of precedence shall be the order in which the Contract
Documents are listed in Article 1.1 (Contract Documents) above
1.3. Definitions (Refer GCC 1)

Capitalized words and phrases used herein shall have the same meanings as
are ascribed to them in the General Conditions of Contract.
Article2. Contract Price and Terms of Payment
2.1. Contract Price (Refer GCC 11)
The Purchaser hereby agrees to pay to the Contractor the Contract Price in
consideration of the performance by the Contractor of its obligations
hereunder. The Contract Price shall be [amount of Indian Rupees in
words], ..[amount in figures], or such other sums as may
be determined in accordance with the terms and conditions of the Contract.
2.2. Terms of Payment (Refer GCC 12)
The terms and procedures of payment according to which the Purchaser will
reimburse the Contractor are given in Appendix 1 (Terms and Procedures of
Payment) hereto.
Article3. Effective Date for determining Time for Completion
3.1. Effective Date (Refer GCC 1)
The Time of Completion of the Works shall be determined from the date of
Letter of Award provided all of the following conditions have been fulfilled
within a period of two (2) months from the date of said Letter of Award
a. This Contract Agreement has been duly executed for and on behalf of the
Purchaser and the Contractor;
b. The Contractor has submitted to the Purchaser the performance security, and
the advance payment guarantee;
c. The Purchaser has paid the Contractor the initial advance payment.
Each party shall use its best efforts to fulfill the above conditions for which it
is responsible as soon as practicable
3.2. If the conditions listed under 3.1 are not fulfilled within two (2) months from
the date of Letter of Award because of reasons attributable to the Purchaser,
the Contract would become effective only from the date of fulfilment of all the
above mentioned conditions and, the parties shall discuss and agree on an
equitable adjustment to the Contract Price and the Time for Completion and/or
other relevant conditions of the Contract.
3.3. However, if any of the conditions listed under 3.1 above are not fulfilled
within two (2) months from the date of Letter of Award because of the reasons
attributable to the Contractor, the Contract will become effective from the date
of Letter of Award. In this case, contract Price and/or time of completion shall
not be adjusted.
3.4. It is expressly understood and agreed by and between the Contractor and the
Purchaser that the Purchaser is entering into this Agreement solely on its own
behalf and not on behalf of any other person or entity. In particular it is
expressly understood and agreed that the Government is not a party to this

Agreement and has no liabilities, obligations or rights hereunder. It is

expressly understood and agreed that the Purchaser is an Independent legal
entity with power and authority to enter into contracts solely on its own behalf
under the applicable laws of India and the general principles of Contract Law.
The Contractor expressly agrees, acknowledges and understands that the
Purchaser is not an Agent, Representative or Delegate of the Government. It is
further understood and agreed that the Government of West Bengal is not and
shall not be liable for any acts, omissions, commissions, breaches or other
wrongs arising out of the Contract. Accordingly, the Contractor expressly
waives, releases and foregoes any and all actions or claims, including cross
claims, impleader claims or counter claims against the Government arising out
of this Contract and covenants not to sue the Government as to any manner,
claim, cause of action or thing whatsoever arising of or under this Agreement.
3.5. Appendices
The Appendices listed in the attached list of Appendices shall be deemed to
form an integral part of this Contract Agreement. Reference in the Contract to
any Appendix shall mean the Appendices attached hereto, and the Contract
shall be read and construed accordingly.

IN WITNESS WHEREOF the Purchaser and the Contractor have caused this Agreement to
be duly executed by their duly authorized representatives the day and year first above written.
Signed by for and on behalf of the Purchaser

[Signature]

[Title]
In the presence of
(Signature, Name and Title)
Signed by for and on behalf of the Contractor

[Signature]

[Title]

In the presence of
(Signature, Name and Title)

Appendices:
1. Terms and Procedures of Payment.
2. Price Variation.
3. Insurance Requirements.
4. Time Schedule.
5. Scope of Works by the Purchaser.

Appendix 1
1

TERMS AND PROCEDURES OF PAYMENT

The Purchaser shall pay the Contractor in the following manner and at the following times,
on the basis of the price break down given in the Price Schedules. Application for payment in
respect of part deliveries may be made by the Contractor as work proceeds.
All payments made during contract execution shall be on account payment only. The final
payment will be made on completion of all Works and compliance of all terms and conditions
under the Contract.
1. Method of Application
Applications by the Contractor for payment shall be made to the Purchaser as per
Annexure No.5 of Section VIIB as follows:
a. in respect of the progress of Works accompanied by such evidence of the
value of the work done
b. in respect of material shipped and enroute to the Site identifying the material
concerned and accompanied by such evidence as specified, of shipment and of
payment of freight and insurance,
Any other application for payment shall state the amounts claimed and the detailed
particulars in respect of which the application is made.
2. Issue of Certificate of Payment
After receiving an application for payment from the Contractor, the Purchaser shall
issue a certificate of payment to the Contractor showing the amount due. A certificate
of payment, other than the Final Certificate of Payment, shall not be withheld on
account of
a. Defects of a minor character which are not such as to affect the use of the
Works, or
b. Any part of the payment applied for being disputed. In such case a certificate
of payment for the undisputed amount shall be issued.
3. Corrections to Certificates of Payment:
The Purchaser may in any certificate of payment make any correction or modification
that should properly be made in respect of any previous certificate.
4. Payment:
Within forty-five (45) days after receiving an application for payment, duly complete
in all respects, the Purchaser shall pay the amount certified after issue of each
certificate of payment to the Contractor at his principal place of business.

Appendix 1
2

5. Payment by Measurement
For any part of the Works which is to be paid, according to quantity supplied or work
done, the quantity/ measurement shall be stated and the payment will be made as per
the Payment Schedule.
6. Application for Final Certificate of Payment
The Contractor shall make application to the Purchaser for the Final Certificate of
Payment within thirty (30) days after issue of Taking-Over Certificate by the
Purchaser for entire Works within the scope of Contract.
The application for the Final Certificate of Payment shall be accompanied by a final
account prepared by the Contractor & reconciled with the Purchaser. The final
account shall give full details of the value of all Equipment/ Materials supplied and
work done under the Contract together with:
a. such additions to or deductions from the Contract price as have been agreed,
and
b. all claims for additional payment to which the Contractor is entitled as per
variation orders
7. Issue of Final Certificate of Payment
The Purchaser shall issue to the Contractor, the Final Certificate of Payment after
receiving an application.
If the Contractor has not applied for Final Certificate of Payment within the time
specified, the Purchaser shall request the Contractor to do so within a further period of
thirty (30) days. If the Contractor fails to make such an application, the Purchaser
shall issue the Final Certificate of Payment for such amount as he deems correct.
8. Final Certificate of Payment Conclusive
A Final Certificate of Payment shall be conclusive evidence of the value of the
Works, that the Works are in accordance with the Contract and that the Contractor has
performed all his obligations under the Contract except the obligations arising during
the Defects Liability Period.
Payment of the amount certified in the Final Certificate of Payment shall be
conclusive evidence that the Purchaser has performed all his obligations under the
Contract.
9. Mode of Payment
All payments due under this Contract shall be made direct to the Contractor and the
currency shall be Indian Rupee. All payments shall be made in accordance with the
relevant instructions issued and permitted by WBSETCL.
No payment made by the Purchaser herein shall be deemed to constitute acceptance
by the Purchaser of the Works or any part(s) thereof.

Appendix 1
3

10. Paying Authority

The
paying
authority
for
this
Contract
shall
be
.
..................................... All bills along with necessary documents are to
be submitted by you to the controlling officer of this work for necessary scrutiny,
verification and certification for release of payment. Bills duly certified by the
controlling officer will be forwarded to the paying authority for necessary action
towards release of payment

TERMS OF PAYMENT
1.

Equipment/Materials (excluding Spares) quoted on ex-works basis (Price

Schedule No. 1):
In respect of Equipment/ Materials (excluding Spares) supplied from within/ outside
India, the following payment shall be made on ex-works basis:

1.1.

Ten percent (10%) of the total ex-works price component as initial advance payment
to be paid with in thirty (30) days from the submission of bill for initial advance by
the Contractor subject to fulfilment of following :

1.2.

a.

Acceptance of Letter of Award(s) and signing of the Contract Agreement(s)

b.

Submission of an unconditional Bank Guarantee covering the advance amount

which shall be initially kept valid upto ninety (90) days beyond the date of
scheduled issuance of Taking-Over Certificate with a claim period of thirty
(30) days. However, in case of delay in completion of Works, the validity of
this Bank Guarantee shall be extended by the period of such delay. Proforma
of Bank Guarantee is enclosed in Annexure No. 4/4a of Section VIIB Bank
Guarantee Form for Advance Payment.

c.

Submission by the main Contractor of an unconditional Bank Guarantee(s)

towards Performance Security(ies) in respect of all the Contracts valid upto
ninety (90) days after the end of Defects Liability Period of all the equipment
covered under the contract. The proforma of Bank Guarantee is enclosed in
Annexure 3/3a of Section VIIB - Form of Performance Security.

d.

Submission of a detailed L2 Network based on the work schedule stipulated in

Appendix-4 to the Contract Agreement and its approval by the Purchaser

e.

Confirmation regarding setting up of site office, where required.

f.

The advance payment shall be adjusted on pro-rata basis at the time of making
sixty percent (60%) payment as per clause 1.2 below. The advance payment
shall be kept outside the purview of Price Variation clause.

Sixty percent (60%) of the total ex-works price of the equipment/ material shall be
paid on receipt of material/ equipment along with 3 copies of bills and other relevant
documents as detailed below in good order and condition at its storage at respective
site store and/ or specified store duly certified by the Controlling officer for payment.

Appendix 1
4

a.
b.
c.
d.
e.
f.

Store Receipt Voucher (SRV)

Copies of the Contractor's invoice showing LOA reference No., goods
description, quantity despatched, unit price, total amount
Packing List
Railway receipt / receipted LR
Manufacturer's / Contractor's Guarantee Certificate of Quality
Material Inspection & Clearance Certificate (MICC) for despatch issued by
the Purchaser's representative and the Contractor's factory inspection report
and insurance certificate and

In case of items where price are quoted on Lots/ L.S. basis payment will be made as
per agreed billing schedule finalised with the successful Bidder. The breakup of this
Lot price should be in conformity with volume of work/ supply involved.
One hundred percent (100%) of charges associated with the taxes and duties of the
supply of Equipment/ Materials, as admissible, will be released along with the sixty
percent (60%) payment as detailed in 1.2 above.
1.3.

Further ten percent (10%) of the total ex-works price of the equipment shall be paid
after completion of erection.

1.4.

Further ten percent (10%) of the total ex-works price of the equipment shall be paid
on successful Completion of Works of this Contract and Certification by the
Purchasers Representative except as per the relevant provisions under Clause GCC
28.

1.5.

Price variation claim along with all required supporting documents will have to be
submitted by the bidder separately (in Triplicate) for necessary scrutiny by the Project
Manager of the Works and onward transmission to the Paying Authority along with
necessary certificate. Price variation claim shall be paid as per admissible formula in
Appendix 2 to the Contract Agreement for the total bills submitted during one year
from the date of first submission of bill as per Clause 1.2 of Appendix 1 to the
Contract Agreement, as applicable. Thereafter, price variation can be claimed at the
end of each financial year, as applicable.

1.6.

The balance ten percent (10%) of the total ex-works price of the equipment and
balance price variation claim, if any, as per formula as admissible, shall be paid after
issue of Taking Over Certificate as per GCC.29.

1.7.

All progressive payments on account of supply shall be made on submission

of claim / production of three (3) copies of bills and other documents. Minimum
value of each claim should be at least ten percent (10%) of total supply value
or Rs.1 crore value of scheduled item(s) of supply whichever is less. The bills
shall not be placed more than once in a month.

Appendix 1
5

2.

Payment Terms for Spares (Price Schedule No. 1)

NOT APPLICABLE

3.

Transportation including Insurance (Price Schedule No. 1)

3.1.

All Equipment/ Materials

One hundred percent (100%) Transportation (including insurance charges) for the
equipment covered in Price Schedule No. 1 shall be paid to the Contractor pro-rata to
the value of the equipment received at site and on production of invoices by the
Contractor. The aggregate of all such prorata payments shall, however, not exceed the
total amount identified in the Contract for transportation. However, wherever
equipment wise transportation charges (including insurance charges) have been
furnished by the Contractor, the payment shall be made after receipt of equipments at
Site based on the charges so identified in the Contract.

4.

Installation Services (Price Schedule No. 2)

The installation services component of the Contract Price shall be paid as under:

4.1.

Five percent (5%) of the total installation services component of the Contract Price
will be paid to the Contractor as interest free advance payment on:
a.
b.

c.
d.

e.

Acceptance of Letter of Award(s) and signing of the Contract Agreement(s)

Submission by the Contractor of an unconditional Bank Guarantee(s) towards
Performance Security (ies) in respect of all the Contracts valid upto ninety
(90) days after the scheduled end of Defects Liability Period of all the
equipment covered under the contract. The proforma of Bank Guarantee is
enclosed in Annexure 3.
Establishing their office at Site preparatory to mobilisation of their erection
establishment.
Submission of an unconditional Bank Guarantee for an equivalent amount,
which shall be initially kept valid up to ninety (90) days beyond the date of
scheduled issuance of Taking-Over Certificate with a claim period of thirty
(30) days. However, in case of delay in completion of Works the validity of
this advance Bank Guarantee shall be extended by the period of such delay.
The proforma of Bank Guarantee is enclosed as per Annexure 4 of Section
VIIB.
Submission of a detailed PERT Network based on the work schedule
stipulated in Appendix 4 to the Contract Agreement and its approval by the
Purchaser

The advance Bank Guarantee shall be adjusted on half- yearly basis for the amount of
advance adjusted against the erection bills submitted for the completed erection. The
Bank Guarantee shall be returned to the Contractor after full adjustment of advance

Appendix 1
6

against completed erection and upon request by the Contractor. The Bank Guarantee
will, however, be required to be revalidated from time to time to keep it valid till the
full adjustment of the advance or till the date of completion of Works, whichever is
earlier.
4.2.

Eighty five percent (85%) of the erection Contract Price will be paid upon successful
completion of respective items as per BOQ.
One hundred percent (100%) of charges associated with the taxes and duties of the
installation services of Equipment/ Materials as admissible will be released along with
the eighty-five percent (85%) payment as detailed in 4.2 above.

4.3.

Balance Ten percent (10%) of the erection contract price will be paid after successful
testing and commissioning of the installation and issue of Taking over Certificate as
per provisions under GCC29.

4.4.

The Payment Certificate will be issued on the basis of quantum of work completed.
Another certificate certifying the successful completion of quality check points
involved in erection to be issued by Controlling Officer will be enclosed along with
Payment Certificate for getting these payments.

4.5.

All progressive payments on account of installation services shall be made on

submission of claim / production of three (3) copies of bills and other
documents. Minimum value of each claim should be at least ten percent (10%)
of total installation services value of scheduled item(s) of installation services.
The bills shall not be placed more than once in a month.

5.

Taxes & Duties

5.1.

Taxes and duties (including taxable composition, if any) as applicable in respect of

direct transactions between Purchaser and the Contractor will be paid against
documentary evidence. For transactions between the Contractor and their Subcontractor where the goods are despatched directly by the Sub-contractor to the Site,
the taxes and duties shall be paid as quoted in price schedules. This payment shall be
released by the Purchaser directly to the Contractor against invoices to be submitted
by the Contractor and claimed reimbursed from the Purchaser.
Necessary form for Sales Tax at concessional rate will be issued by the Purchaser for
all items including bought-out items. Income Tax, Works Contract Tax and Labour
Welfare Cess will be deducted at source from the bills as per prevailing rules.
Necessary TDS Certificate will be issued to the Contractor after deduction.
If there be any variation of statutory taxes and duties (such as Excise duty, CST /
Sales Tax, VAT, etc.) within the pendency of the Contract period, the same shall be
payable extra on submission of documentary evidence for direct transactions only.

Appendix 2
1

PRICE VARIATION
[These formulae may be inserted, as applicable, for all three Contracts]
A. For fabricated and galvanized steel structure excluding nuts & bolts
The price quoted is based on the cost of raw materials/components and labour cost as on
date of quotation and the same shall be deemed to be related to the prices of raw materials
and all India average consumer price index number for industrial workers as specified in
the price variation clause given below. In case of any variation in these prices and index
numbers, the price payable shall be subject to adjustment up or down in accordance with
the applicable formula as under:
a. Fabricated & galvanized steel structures using both heavy and lighter angles

P=

Po
SBLR
SBIR
Zn
W
(11 + 32
+ 25
+ 09
+ 23 )
100
SBLR0
SBIR0
Zno
Wo

b. Fabricated & galvanized steel structures using only heavy angles

P=

Po
SBLR
Zn
W
+ 09
+ 23 )
(11 + 57
100
SBLR0
Zno
Wo

c. Fabricated & galvanized steel structures using only lighter angles

P=

Po
SBIR
Zn
W
+ 09
+ 23 )
(11 + 57
SBIR0
Zno
Wo
100

Wherein
P

= Price payable as adjusted in accordance with the above appropriate

formula
Po
= Quoted ex-works price minus advance of ten percent (10%) already
paid
SBLRo = Price of Steel Blooms-Retail (refer notes).This price is as applicable
on the 1st working day of the month, one month prior to the due date
of submission of price bid
SBIRo = Price of Steel Billets-Retail (refer notes).This price is as applicable
on the 1st working day of the month, one month prior to the due date
of submission of price bid
Zno
= Price of electrolytic high grade zinc (refer notes).This price is as
applicable on the 1st working day of the month, one month prior to
the due date of submission of price bid
Wo
= All India average consumer price index number for industrial
workers, as published by the Labour Bureau, Ministry of Labour,
Govt. of India (Base 2001 = 100).This index number is as applicable

Appendix 2
2

on the 1st. working day of the month, three months prior to the due
date of submission of price bid
The above prices and indices are as published by IEEMA prevailing as on 1st working
day of the month, one month prior to the due date of submission of price bid.
SBLR = Price of Steel Bloom-Retail (refer notes).This price is as applicable
on the first working day of the month, two months prior to the date
of delivery.
SBIR = Price of Steel Billets-Retail (refer notes).This price is as applicable
on the first working day of the month, two months prior to the date
of delivery.
Zn
= Price of electrolytic high grade zinc (refer notes).This price is as
applicable on the 1st working day of the month, two months prior to
the date of delivery.
W
= All India average consumer price index number for industrial
workers, as published by the Labour Bureau, Ministry of Labour,
Govt. of India (Base 2001 = 100) (refer notes). This index number is
as applicable on the 1st. working day of the month, four months prior
to the date of delivery.
The date of delivery is the date on which the lots of material / parts of fabricated
and galvanized steel structures are notified as being ready for inspection/despatch. In
the absence of such notification the date of manufacturers despatch note is to be
considered as the date of delivery or the contracted delivery date (including any
agreed extension thereto), whichever is earlier.
Notes:
i. All prices of raw materials are exclusive of modvatable excise/CV duty amount
and exclusive of any other central, state or local taxes, octroi etc.
ii. All prices are as on 1st working day of the month.
iii. The details of prices are as under :
The price of Steel Bloom-Retail (in Rs./MT) is the average retail price of
Blooms of size 150 mm x 150 mm of all cities in Rs/MT as published by Joint
Plant Committee(JPC), Kolkata. All heavy angles of size above 110 mm x 110
mm are deemed to be related to this price.
The price of Steel Billet-retail (in Rs./MT) is the average retail price of Billets of
size 100 mm of all cities in Rs/MT as published by Joint Plant Committee (JPC),
Kolkata. All lighter angles of size 110 mm x 110 mm and below are deemed to
be related to this price.
The price of electrolytic high grade zinc (in Rs./MT) is ex-works price as quoted
by the primary producer .
Cost weightage of re-rolling/conversion charges is included in Labour cost
weightage(W)

Appendix 2
3

iv. The prices for phase plate, number plate, danger plate, earthing set and
climbing device are to be quoted Firm.

anti-

B. For Conductors
The formula for calculating the price adjustment of the ex-works price component of
conductor will be as follows

A
B
L
C1 = C0 * 0.15 + 0.65 * 1 + 0.15 * 1 + 0.05 * 1 C0
A0
B0
L0

C1

= Price adjustment amount on ex-works price of the conductor for each

delivery.
C0
= ex-works price component of conductor, delivery-wise (minus
advance of 10% already paid)
A
= Price of EC Grade Aluminium ingot (Basic Average Price per MT of
EC Grade Aluminium), as published by CACMAI.
B
= Price of High Tensile Galvanized Steel wire (3.00mm to 4.09mm) as
published by CACMAI
L
= All India Average Consumer Price Index for Industrial Workers
(Base:2001=100) as published by Labour Bureau, Simla (Govt. of
India)
In the above price adjustment formula
Subscript 0 refers to indices as thirty (30) days prior to date of opening of bids.
Subscript 1 refers to indices as sixty (60) days prior to date of delivery or actual
delivery whichever is earlier for labour and average of price indices as on ninety
(90) days prior to date of delivery or actual delivery whichever is earlier for
material
The date of delivery is the date on which the lots of conductor are notified as being
ready for inspection / dispatch. (In the absence of such notification, the date of
manufacturers dispatch note is to be considered as the date of delivery) or the
contracted delivery date (including any agreed extension thereto), whichever is earlier
C. For Copper wound distribution transformers (i.e. station service and earthing
transformers) complete with all accessories and components
This price variation clause is applicable for Copper Wound Distribution Transformers,
with ratings up to 10 MVA or voltage up to 33 kV. The clause is to be used for domestic
contracts.
The price quoted is based on the cost of raw materials/components and labour cost as on
date of quotation and the same is deemed to be related to prices of raw materials and all
India average consumer price index number for industrial workers as specified in the

Appendix 2
4

price variation clause given below. In case of any variation in these prices and index
numbers, the price payable shall be subject to adjustment, up or down in accordance with
the following formula.

P=

Po
C
ES
IS
IM
TB
W
+ 27
+9
+5
+ 11
+ 12 )
(13 + 23
Co
ES o
IS o
IM o
TBo
Wo
100

Wherein
P
Po
Co

= Price payable as adjusted in accordance with the above formula

= Quoted ex-works Price minus advance of 10% already paid
= Average LME settlement price of copper wire bars (refer notes).This
price is as applicable for the month, two months prior to the due date
of submission of price bid
ESo = C&F price of CRGO Electrical Steel Sheets (refer notes). This price
is as applicable on the 1st working day of the month, one month prior
to the due date of submission of price bid.
ISo
= Wholesale price index number for 'Iron & Steel (Base: 199394=100) (refer notes). This index number is as applicable for the
week ending 1st Saturday of the month three months prior to the due
date of submission of price bid
IMo = Price of Insulating Materials (refer notes). This price is as applicable
on the 1st working day of the month, one month prior to the due date
of submission of price bid
TBo = Price of Transformer Oil Base Stock (refer notes). This price is as
applicable on the 1st working day of the month, two months prior to
the due date of submission of price bid
= All India average consumer price index number for industrial
Wo
workers, as published by the Labour Bureau, Ministry of Labour,
Govt. of India (Base 1982=100). This index number is as applicable
on the 1st working day of the month, three(3) months prior to the due
date of submission of price bid
The above prices and indices are as published by IEEMA prevailing as on 1st working
day of the month i.e., one (1) month prior to the due date of submission of price bid.
C

ES

IS

= Average LME settlement price of copper wire bars (refer notes).This

price is as applicable for the month, two months prior to the date of
delivery
= C&F price of CRGO Electrical Steel Sheets (refer notes). This price
is as applicable on the 1st working day for the month, one (1) month
prior to the date of delivery.
= Wholesale price index number for 'Iron & Steel (Base: 199394=100) (refer notes). This index number is as applicable for the

Appendix 2
5

week ending 1st Saturday of the month three (3) months prior to the
date of delivery.
IM
= Price of Insulating Materials (refer notes). This price is as applicable
on the 1st working day of the month, one (1) month prior to the date
of delivery.
TB
= Price of Transformer Oil Base Stock (refer notes). This price is as
applicable on the 1st working day of the month, two (2) months prior
to the date of delivery
W
= All India average consumer price index number for industrial
workers, as published by the Labour Bureau, Ministry of Labour,
Govt. of India (Base 1982=100). This index number is as applicable
on the 1st working day of the month, three months prior to the date of
delivery
The date of delivery is the date on which the transformer is notified as being ready for
inspection/ despatch (in the absence of such notification, the date of manufacturer's
despatch note is to be considered as the date of delivery) or the contracted delivery
date (including any agreed extension thereto), whichever is earlier.
Notes:
i. All prices of raw materials are exclusive of modvatable excise/CV duty amount
and
of any other Central, State or local taxes, octroi etc. Transformers
manufacturers import major raw materials like Copper, CRGO Steel Sheets,
TOBS and Insulating press boards etc. The landed cost of these imported raw
materials includes applicable custom duty but exclusive of modvatable CVD.
ii. All prices are as on first working day of the month.
iii. The details of prices are as under :
The LME price of Copper Wire Bars (in Rs./MT) is the LME average settlement
price of Copper Wire Bars for one (1) month prior to the month of the circular
converted into Indian Rupees with applicable exchange rates prevailing as on 1st
working day of the subsequent month. This price is the landed cost, inclusive of
applicable customs duty only but exclusive of countervailing duty.
The price of CRGO Electrical Steel Sheets (in Rs/MT) suitable for Transformers
of ratings up to 10 MVA or voltage up to 33 KV is the average C&F price in US
$ per MT converted into Indian Rupees with applicable exchange rate prevailing
as on 1st working day of the month, as quoted by primary producers This price is
the landed cost, inclusive of applicable customs duty only but exclusive of
countervailing duty.
The wholesale price index number for Iron & Steel is as published by the Office
of Economic Advisor, Ministry of Industry, Govt. of India, New Delhi with base
1993-94=100. This wholesale price index number is being published weekly on
provisional basis. However, the same gets finalized after eight (8) weeks and is
normally available after two (2) months. Therefore, we are considering in our
calculations this final index for the 1st Saturday of the months two (2) months

Appendix 2
6

prior to the date of which the prices of other raw materials such as AI, IM are
published for the corresponding month.
The price of Insulating materials (in Rs./Kg) of pre-compressed pressboards of
size 10 mm thick, 3200 mm x 4100 mm is the average C&F price in free
currency per MT converted into Indian Rupees with applicable exchange rates
prevailing as on 1st working day of the month as quoted by primary suppliers
This price is the landed cost, inclusive of applicable customs duty only but
exclusive of countervailing duty.
The price of TOBS is C&F price (in Rs./K.Ltr) for N-60 grade Oil as published
in ICIS-LOR bulletin for the 1st week of the previous month. This price is
normally published in US$ per US Gallon, which is converted in Rs./K.Ltr with
applicable exchange rate prevailing on 1st working day of the subsequent month.
This price is the landed cost, inclusive of applicable customs duty only but
exclusive
of
countervailing
duty.

Appendix 3
1

INSURANCE TO BE TAKEN BY THE CONTRACTOR

[This format shall be edited for all three Contracts]
In accordance with the provisions of GCC 37, the Contractor shall at his expense take out and
maintain in effect, or cause to be taken out and maintained in effect, during the performance
of the Contract, the insurances set forth below in the sums and with the deductibles and other
conditions specified herein. The identity of the insurers and the form of the policies shall be
subject to the approval of the Purchaser, such approval not to be unreasonably withheld.
S.No
1.

Insurance
Installation
risk

2.

Third
Party
liability
Automobile
liability
Workmens
Compensation
Purchasers
liability
Group personal
insurance,
for
Contractors &
Sub-contractors
employees

3.
4.
5.
6.

Amount Insured Deductable

Conditions
at i. 110% of ex- Minimum as per
works value of insurance policy
Equipment
/Material
ii. Applicable
taxes
and
duties
iii. Cost
of
procurement
and free issue
materials
iv. 10%
escalation on
(i) (ii) & (iii)
v. Cost
of
erection works

Notes:
1. The Purchaser shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to GCC 37.1 except for Third Party Liability, Workman's
Compensation and Purchaser's Liability Insurances and the Contractor's SubContractors shall be named as co-insured under all insurances policies taken out by

Appendix 3
2

the Contractor pursuant to GCC 37.1, except for the Cargo insurance during transport,
Workman's Compensation and Purchasers Liability Insurances. All insurers rights of
subrogation against such co-insureds for losses or claims arising out of the
performance of the Contract shall be waived under such policies.
2. Notwithstanding the insurance requirements mentioned above, it would be the
Contractor's responsibility to take adequate insurance cover as may be pertinent to
protect his interest and interest of the Purchaser. If at any point of time during
execution of the Contract, the insurance policies are found to be inadequate, the
Contractor shall take fresh insurance policies meeting aforesaid requirements. The
Purchaser reserves the right to make suitable recovery from the Contractor, if any.

APPENDIX-4
1

TIME SCHEDULE
It is clearly understood and agreed that time is the essence of this Contract and shall be
strictly adhered to by the Contractor. The program of supplying, erecting, testing,
commissioning, completion of Works and site delivery of spares identifying the key phases in
various areas of work like design, procurement, manufacture, field activities including civil
construction works shall be as per master network enclosed as Attachment-I to this Appendix
4 (The master network submitted by the Bidder and as mutually discussed and agreed before
Letter of Award shall be enclosed as Attachment-I to this Appendix 4 of Contract
Agreement). As per this master network, the key milestones for completion of Works are as
under:
S.No Area/ Description of Milestone

1.
2.
3.
4.
1.
2.
3.
4.
5.
1.
2.
3.
1.
2.

Duration in Months from LoA

Start
Finish

A. Engineering
Basic Engineering
Detailed Engineering

B. Manufacturing & Supply

BOI Ordering completion
Manufacturing ..
Supply at Site .
..

C. Equipment Erection & commissioning

Opening of site office & mobilization
Erection and commissioning of

D.

The master network and the key milestone dates will be discussed and agreed before the
execution of Letter of Award. Engineering Drawing and Data Submission Schedule shall also
be discussed and finalised before the issue of Letter of Award
After the Letter of Award, the Contractor shall plan the sequence of work of manufacture and
erection to meet the above stated dates of completion of Works and shall ensure all work,
manufacture, shop testing, inspection and shipment of the equipment in accordance with the
required construction/erection sequence.
Within thirty (30) days of the Letter of Award, the Contractor shall submit to the Purchaser
for his review and approval two (2) copies (one reproducible and one print) of detailed PERT
Network schedules with master network activities further exploded based on the Master

APPENDIX-4
2

Network mutually agreed by the Purchaser and Contractor, showing the logic and duration of
the activities covered in the Contracts in the following areas:
Engineering, procurement, manufacturing and supply, detailed engineering, procurement
(including bought out items), manufacturing, despatch, shipment, receipt at site and activities
related to civil works, erection, commissioning and Completion of Works.
Detailed Manufacturing Programme:
Detailed Manufacturing PERT Network for all the manufacturing activities at Contractor's /
sub-Contractor's works shall also be furnished within sixty (60) days of Letter of Award. The
manufacturing network shall be supported by detailed procurement programme for critical
bought out items/ raw materials.

Attachment -1 to Appendix 4
1

MASTER NETWORK
The Master Network as per Appendix 4 to be enclosed here

APPENDIX-5
1

SCOPE OF WORKS BY THE PURCHASER

The following Equipment/Materials and personnel will be provided/ supplied by the
Purchaser and the provisions of Clauses GCC.10, GCC.22 and GCC.28 shall apply as
appropriate.
All Equipment/Materials and personnel as described herein will be provided by the
Purchaser in good time so as not to delay the performance of the Contractor, in
accordance with the approved Time Schedule and Programme of Performance pursuant to
sub-clause GCC 20.2.
Equipment/Materials and personnel will be provided to the Contractor as identified here
under: 1. Space
The Contractor shall advice the Purchaser within thirty (30) days from the date of
acceptance of the Letter of Award about his exact requirement of space for his
office, storage area, pre-assembly and fabrication areas, labour and staff colony
(land if available) area, toilets etc. The above requirement shall be reviewed by
the Purchaser and space as decided by Purchaser will be allotted to the Contractor
for construction of his temporary structures / facilities like office, storage sheds,
preassembly and fabrication areas, labour and staff colony (land if available),
toilets, etc. for Contractor's as well as his Sub-Contractor's use.
2. Electricity
The Contractor shall submit to the Purchaser within thirty (30) days from the date
of acceptance of the Letter of Award, his electrical power requirements, if any, to
allow the planning of the same by the Purchaser. Purchaser shall make available
the auxiliary power system on chargeable basis at a single point in the Purchaser's
Site. The Contractor shall make his own further distribution arrangement. All
temporary wiring must comply with local regulations and will be subject to
Purchaser's inspection and approval before connection to supply. The Contractor
shall be entitled to use for the purposes of the Work such supplies of electricity as
may be available at the Site and shall provide any apparatus necessary for such
use. The contractor shall pay the Purchaser service connection charges and for
consumption at the applicable tariff. However, in case of failure of power due to
any unavoidable circumstances, the Contractor shall make his own necessary
arrangement like Diesel Generator Sets etc. at his own cost so that progress of
work is not affected. Purchaser shall in no case be responsible for any delay of
work for non-availability of power. Where such supplies are not available, the
Contractor shall make his own arrangement for provision of any supplies he may
require.
3. Water :
Contractor shall make all arrangements himself for the supply of construction
water as well as potable water for labour and other personnel at the works site /
colony.

APPENDIX-5
2

4. Personnel
For the purpose of commissioning and Guarantee tests to be performed by the
Contractor, the Purchaser, as a part of his input, will provide operating personnel
for operation of the equipment. During such operation, the Purchaser's operating
personnel shall be under the direct supervision of the Contractor/s/Manufacturer's
representative, who in any case shall be responsible for safety and satisfactory
performance of the activity/equipments. However, the operating personnel of the
Purchaser shall be required to do only those duties which are normally assigned to
such operational staff. All other required labour shall be arranged by the
Contractor.

2a. 'Letter of Award of Contract' for Supply of Equipment/ Materials

Ref No:
Date:

Contractors Name & Address...

Attn: Mr ..
Sub: Letter of Award of Contract for Supply of................................... (Package Name)
................................................ as per Bid Document No..................................
Dear Sir,
1.

This has reference to the following :

a. Our Tender Notice No. ..................................................dated.................
b. Bidding Documents for the subject package issued to you vide our letter
no................................... dated............................. comprising the following :
i.

.......................(List out all the Sections of the Bidding Documents along with
Tender Drawings etc. as issued to the bidder)..........

ii.

Errata/Amendment No........................ to.................... (Name of Section of the

Bidding Documents to which Errata/Amendment pertains)................. issued to
you vide our letter no............................dated............................ (Applicable only
if any Errata/Amendment to the Bidding Documents has been issued
subsequently)

c. Clarifications furnished on the Bidding Documents vide our letter no....................

dated ............................... (Applicable only if any clarification to the Bidding
Documents has been issued subsequently)
Further sub-paragraphs to be included if any other correspondence made to the
bidder after issuance of bidding documents up to the date of bid opening
d. Your Proposal for the subject package submitted vide your letter No. .....................
dated...................... and its modification vide letter no. ...................................... dated
........................................ (Delete if not applicable).

e. Our Fax message/letter No. ............................................. dated...........................

regarding extension of validity of bid and that of the Bank Guarantee towards Bid
Security. (Applicable only if any extension has been sought subsequently)
( Further sub-paragraphs to be included if any other correspondence made to or
by the bidder after bid opening)
f. Our Fax message/letter No. .................................. dated.....................................inviting
you for post bid discussions.
g. Post bid discussions and meetings we had with you from .................................... to
....................................... resulting into the following
h. Minutes of Meeting enclosed herein with this Letter of Award:
i.
Minutes of Meeting regarding Commercial issues (APPENDIX - ............)
ii.
Minutes of Meeting on Technical issues (APPENDIX - ...................)
iii. Minutes of Meeting regarding Work Schedule (APPENDIX - ................)
iv.
Minutes of Meeting regarding Quality Assurance Aspects (APPENDIX - ...)
2.

We confirm having accepted your proposal submitted vide letter no. ........................
dated .......................................... and its modification vide letter no................................
dated (Delete if not applicable) read in conjunction with all the specifications, terms &
conditions of the Bidding Documents, Your subsequent letters (Use if relevant) and
agreed Minutes of Meeting referred to in para 1.0 above and award on you the Contract
for
the
scope
of
work
covering
.............................................................................................................................................
........................................................................................(Indicate Scope of Work)
.............................................................................................................................................
.................of..................................................................... (Name of Package)
..................................... for (Name of project) ......................................... as per
Specification No. :............................................. (hereinafter referred to as the 'First
Contract').

3.

We have also notified you vide our Letter of Award No. ........................................
dated............... for award of 'Second Contract' on you for the work of .........................
(Indicate brief scope of work of the Second Contract) .............................for
............................(Name of Package) ..................as per Bid
Document
No.................................................. (hereinafter referred to as the 'Second Contract). You
shall also be fully responsible for the works to be executed under the 'Second Contract'
and it is expressly understood and agreed by you that any breach under the 'Second
Contract' shall automatically be deemed as a breach of this 'First Contract' and viceversa and any such breach or occurrence or default giving us a right to terminate the
'Second Contract' and/or recover damages there under, shall give us an absolute right to
terminate this Contract and/or recover damages under this 'First Contract' as well and

vice-versa. However, such breach or default or occurrence in the 'Second Contract' shall
not automatically relieve you of any of your responsibility/obligations under this 'First
Contract'. It is also expressly understood and agreed by you that the
equipment/materials to be supplied by you under this 'First Contract' when installed and
commissioned under the 'Second Contract' shall give satisfactory performance in
accordance with the provisions of the Contract.
4.

The total Contract Price for the entire scope of work under the Contract shall be
.............(Specify the amount in INR)................ as per the following break up
i. Ex- works price for Main Equipment
.......................................................
ii. Transportation including Insurance charges
.......................................................
iii. Taxes (e.g. Sales tax, Excise duty, etc.)
.......................................................
TOTAL (i + ii + iii)

.......................................................

(.. (The total amount in words)..)

5.

Date of Commencement & Completion Period:

The Contract shall be executed within the specified time given commencing from the
date of LoA.
S.No

Particulars

Completion time
(months)

The time and date of completion is the essence of this contract. You are required to
organize your resources and perform your work
6.

You shall prepare and finalise the Contract Documents for signing of the formal
Contract Agreement and shall enter into the Contract Agreement with us, as per the
proforma enclosed with the Bidding Documents, on non-judicial stamp paper of
appropriate value within......... (Specify)......... days from the date of this Letter of
Award.

7.

This Letter of Award is being issued to you in original. We request you to return its
photocopy duly signed and stamped on each page including all the enclosed
Appendices, by the authorised signatory of your company as a proof of your
acknowledgement and confirmation.
Please take the necessary action to commence the work and confirm action.

Yours faithfully,
for and on behalf of
........... (Name of the Purchaser)..................
(Authorised Signatory)
Encl:As above

2b. 'Letter of Award of Contract' for Installation of Equipment/

Materials
(This form shall apply for
Second Contract)
Ref No:
Date:

Contractors Name & Address...

Attn: Mr ..
Sub: Letter of Award of Contract for Inland Transportation, Installation, Testing,
Commissioning and conducting Guarantee tests of................................... (Package Name)
................................................ as per Bid Document No..................................
Dear Sir,
1.

This has reference to the following :

a. Our Tender Notice No. ..................................................dated.................
b. Bidding Documents for the subject package issued to you vide our letter
no................................... dated............................. comprising the following :
i.

.......................(List out all the Sections of the Bidding Documents along with
Tender Drawings etc. as issued to the bidder)..........

ii.

Errata/Amendment No........................ to.................... (Name of Section of the

Bidding Documents to which Errata/Amendment pertains)................. issued to
you vide our letter no............................dated............................ (Applicable only
if any Errata/Amendment to the Bidding Documents has been issued
subsequently)

c. Clarifications furnished on the Bidding Documents vide our letter no....................

dated ............................... (Applicable only if any clarification to the Bidding
Documents has been issued subsequently)

Further sub-paragraphs to be included if any other correspondence made to the

bidder after issuance of bidding documents up to the date of bid opening
d. Your Proposal for the subject package submitted vide your letter No. .....................
dated...................... and its modification vide letter no. ...................................... dated
........................................ (Delete if not applicable).
e. Our Fax message/letter No. ............................................. dated...........................
regarding extension of validity of bid and that of the Bank Guarantee towards Bid
Security. (Applicable only if any extension has been sought subsequently)
(Further sub-paragraphs to be included if any other correspondence made to or
by the bidder after bid opening)
f. Our Fax message/letter No. .................................. dated.....................................inviting
you for post bid discussions.
g. Post bid discussions and meetings we had with you from .................................... to
....................................... resulting into the following
h. Minutes of Meeting enclosed herein with this Letter of Award:
i.
Minutes of Meeting regarding Commercial issues (APPENDIX - ............)
ii.
Minutes of Meeting on Technical issues (APPENDIX - ...................)
iii. Minutes of Meeting regarding Work Schedule (APPENDIX - ................)
iv.
Minutes of Meeting regarding Quality Assurance Aspects (APPENDIX - ...)
2.

We confirm having accepted your proposal submitted vide letter no. ........................
dated .......................................... and its modification vide letter no................................
dated (Delete if not applicable) read in conjunction with all the specifications, terms &
conditions of the Bidding Documents, Your subsequent letters (Use if relevant) and
agreed Minutes of Meeting referred to in para 1.0 above and award on you the Contract
for the work of ............................(Indicate brief Scope of Work)......................................
of......................................... (Name of Package) .....................................for (Name of
project)......................................... as per Specification No. :.............................................
(hereinafter referred to as the 'Second Contract').

3.

We have also notified you vide our Letter of Award No. ........................................
dated............... for award of 'First Contract' on you for the work of .........................
(Indicate brief scope of work of the First Contract) .............................for
............................(Name of Package) ..................as per Bid
Document
No.................................................. (hereinafter referred to as the 'First Contract). You
shall also be fully responsible for the works to be executed under the 'First Contract' and
it is expressly understood and agreed by you that any breach under the 'First Contract'
shall automatically be deemed as a breach of this 'Second Contract' and vice-versa and
any such breach or occurrence or default giving us a right to terminate the 'First

Contract' and/or recover damages thereunder, shall give us an absolute right to

terminate this Contract and/or recover damages under this 'Second Contract' as well and
vice-versa. However, such breach or default or occurrence in the 'First Contract' shall
not automatically relieve you of any of your responsibility/obligations under this
'Second Contract'. It is also expressly understood and agreed by you that the Equipment/
Materials to be supplied by you under 'First Contract' when installed and commissioned
under the 'Second Contract' shall give satisfactory performance in accordance with the
provisions of the Contract.
4.

The total Contract Price for the entire scope of electrical erection work under the
Contract shall be .............(Specify the amount in INR)................ as per the following
break up
i. Erection charges inclusive of unloading &
insurance, testing & commissioning and taxes .......................................................
(if any)
TOTAL

.......................................................

(.. ( The total amount in words)..)

5.

Date of Commencement & Completion Period:

The Contract shall be executed within the specified time given commencing from the
date of LoA.
Completion time
S.No
Particulars
(months)

The time and date of completion is the essence of this contract. You are required to
organize your resources and perform your work
6.

You shall prepare and finalise the Contract Documents for signing of the formal
Contract Agreement and shall enter into the Contract Agreement with us, as per the
proforma enclosed with the Bidding Documents, on non-judicial stamp paper of
appropriate value within......... (Specify)......... days from the date of this Letter of
Award.

7.

This Letter of Award is being issued to you in original. We request you to return its
photocopy duly signed and stamped on each page including all the enclosed
Appendices, by the authorised signatory of your company as a proof of your
acknowledgement and confirmation.
Please take the necessary action to commence the work and confirm action.

Yours faithfully,
for and on behalf of
........... (Name of the Purchaser)..................
(Authorised Signatory)
Encl: As above.

3. Bank Guarantee for Contract Performance

(To be stamped in accordance with Stamp Act)
Bank Guarantee No. ........................
Date..................................................
To
[WBSETCLs Address]

Dear Sirs,
In consideration of West Bengal State Electricity Transmission Company Limited
(hereinafter referred to as WBSETCL 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, executors and assigns), a Contract by issue of Letter of Award
No.. dated .. valued at . for .. (Scope of
Contract) and the Contractor having agreed to provide a Contract Performance Guarantee for
the faithful performance of the entire Contract equivalent to ten percent (10%) of the said
value of the Contract to the Purchaser.
We .. (Name and 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 WBSETCL, on demand any and all
monies payable by the Contractor to the extent of .. as aforesaid at any time
upto .@...............(day/month/year) without any demur, reservation, contest recourse
or protest and or without any reference to the Contractor. Any such demand made by
WBSETCL on the Bank shall be conclusive and binding notwithstanding any difference
between WBSETCL and the Contractor or any dispute pending before any Court, Tribunal
or any other Authority. The Bank undertakes not to revoke this guarantee during its
currency without previous consent of WBSETCL and further agrees that the guarantee herein
contained shall continue to be enforceable till ninety (90) days after the validity of this
guarantee.
WBSETCL 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. WBSETCL, shall have the fullest liberty, without affecting this guarantee to
postpone from time to time the exercise of any powers vested in them or of any right
which they might have against the Contractor and to exercise the same at any time and any
manner, and either to enforce or to forbear to enforce any covenants, contained or
implied in the Contract between WBSETCL and the Contractor or any other course of
remedy or security available to WBSETCL. The Bank shall not be released of its obligations

under these presents by any exercise by WBSETCL of its liberty with reference to the matters
aforesaid or any of them or by reason or any other acts of omission or commission on the part
of WBSETCL or any other indulgence shown by WBSETCL or by any other matter or
thing whatsoever which under the law would but for this provisions have the effect of
relieving the Bank.
The Bank also agrees that WBSETCL at its option shall be entitled to enforce this
guarantee against the Bank as a Principal debtor, in the first instance without proceeding
against the Contractor and notwithstanding any security or other guarantee that
WBSETCL may have in relation to the contractor's liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is
restricted to and shall remain in force up to and including
and shall be extended from time to time for such period, as may be desired by M/s
.on whose behalf this guarantee has been given.
All rights of WBSETCL under this guarantee shall be forfeited and the Bank shall be relieved
and discharged from all liabilities there under unless a demand or claim is lodged by
WBSETCL under this guarantee against the Bank within ninety (90) days from the above
mentioned date or from the extended date.
Dated this day of .20 at .
Witness:

(Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Official Address)

Authorized vide
Power of Attorney No:.
Date.
Note:

1.

2.

(@)This date will be ninety (90) days after the end of Defect Liability Period
as specified in the Contract.
(#) Complete mailing address of the Head Office of the Bank to be given
The Stamp Paper of appropriate value shall be purchased in the name of
guarantee issuing Bank or the party on whose behalf the Bank Guarantee is
being issued. The Bank Guarantee (BG) shall be issued on a stamp paper of
value as applicable in the state of India from where BG has been issued or the
state of India from where the BG shall be operated, whichever is higher

4. Bank Guarantee for Advance Payment

(To be stamped in accordance with Stamp Act)
Bank Guarantee No. ........................
Date..................................................
To
[WBSETCLs address]

Dear Sirs,
In consideration of the West Bengal State Electricity Transmission Company Limited
(hereinafter referred to as WBSETCL) which expression shall unless repugnant to the
context or meaning thereof include its successors, administrators, executors and assigns
having awarded to M/s............................ with its registered/Head
Office
at
................................ (here-in-after referred to as the Contractor) which expression shall
unless repugnant to the context or meaning thereof, include its
successors,
administrators, executors and assigns, a contract by issue of WBSETCL's Letter of Award
No. . dated . and the same having been unequivocally accepted by
the Contractor resulting in a 'Contract', dated valued at .for
. (hereinafter called the Contract ) and the WBSETCL having agreed to
make advance payment to the Contractor for performance of the above Contract
amounting to Rs .. (in words and figures) as an advance against Bank
Guarantee to be furnished by the Contractor.
We, .[Insert name and address of the bank issuing Branch] .. having
its Head Office at .. (hereinafter referred to as the 'Bank' which
expression shall, unless repugnant to the context of meaning thereof, include its successors,
administrators, executors and assigns) do hereby guarantee and undertake to pay WBSETCL
immediately on demand any or all monies payable by the Contractor to the extent of Rs
.at any time up to .@.. without any demur, reservation, contest,
recourse or protest and/or without any reference to the Contractor. Any such demand
made by WBSETCL on the Bank shall be conclusive and binding not withstanding any
difference between WBSETCL and the Contractor or any dispute pending before any
Court, Tribunal, Arbitrator or any other Authority. We agree that the Guarantee herein
contained shall be irrevocable and shall continue to be enforceable till thirty (30) days after
expiry of its validity.
WBSETCL shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee from time to time to vary the advance or to extend the time
for performance of the Contract by the Contractor. The WBSETCL shall have the fullest
liberty, without affecting this guarantee to postpone from time to time the exercise of any
powers vested in them or of any right which they might have against the Contractor and
to exercise the same at any time in any manner and either to enforce or to forbear to
enforce any covenants contained or implied in the Contract between the WBSETCL and the
Contractor or any other course or remedy or security available to WBSETCL. The Bank

shall not be released of its obligations under these presents by any exercise by
WBSETCL of its liberty with reference to the matters aforesaid or any of them or by reason
of any other act or forbearance or other acts of omission or commission on the part of the
Purchaser or any other indulgence shown by the Purchaser 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 agrees that WBSETCL at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the Contractor and notwithstanding any security or other guarantee that WBSETCL
may have in relation to the Contractor liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is
limited to Rs and it shall remain in force up to and including
and shall be extended from time to time for such period as may be desired by M/s
on whose behalf this guarantee has been given.
All rights of the WBSETCL under this guarantee shall be forfeited and the Bank shall be
relieved and discharged from all liabilities there under unless a demand or claim is lodged by
WBSETCL under this guarantee against the Bank within thirty (30) days from the above
mentioned date or from the extended date.
Dated this day of .20 at .
Witness:

(Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Official Address)

Attorney as per
Power of Attorney No: .
Date.

Note:

1.
2.

(@)This date will be ninety (90) days beyond the date of scheduled issuance of
Taking-Over Certificate with a claim period of thirty (30) days.
The bank guarantee should be on Non-Judicial stamp paper of appropriate
value as per stamp act prevailing in the state where the Bank Guarantee is
submitted or is to be acted upon or the rate prevailing in the State where the
Bank Guarantee is executed, whichever is higher

5. Application for Payments

Site

Lot No

Date

Name of Contractor

Contract No.

Contract Value

Application
Serial Number

Name
of
Package

the

To
.. *
Dear Sir,
1. Pursuant to the above referred contract dated .. the undersigned hereby submit
claim for payment of the sum of .. (Specify amount for which claim is made)
2. The above amount is on account of : (Check whichever is applicable)
Advance payment (Schedule**)
Interim payment as advance (Schedule**)
Progressive payment against receipt of equipment at site (Schedule**)
Progressive payment against erection (Schedule**)
Transportation
Insurance
Price adjustment
Extra work not specified in contract
(Ref. Contract change order No..)
Others (specify)
Final payment (Schedule**)

as detailed in the attached Schedule(s) which form an integral part of this application

3. The payment claimed is as per item(s) No(s) of

annexed to the above mentioned Contract.

payment schedule

4. This application consist of this page, a summary of claim statement (**) and the
following signed schedules:
1)
2)
3)
The following documents are also enclosed:
1)
2)
3)

Signature and Seal of Contractor / Authorised Signatory

Application for payment will be made to "Project Manager" designated for this purpose at
the time of Award of Contract.

** Proforma for the summary of claim will be finalized during the finalization of the
Contract Agreement.

6. Completion Certificate
(On the letter head of the Purchaser as per provisions of GCC 28)

Date:
Contract No.:
[Name of Contract]
To: [Name and address of Contractor]

Dear Sirs,
Pursuant to Clause GCC 28 of the General Conditions of the Contract entered into between
yourselves and the WBSETCL dated [date], relating to the [brief description of the Works],
we hereby notify you that the following part(s) of the Works was (were) complete on the date
specified below, and that, in accordance with the terms of the Contract, the Purchaser hereby
takes over the said part(s) of the Works, together with the responsibility for care and custody
and the risk of loss thereof on the date mentioned below.
1. Description of the Works or part thereof: [description]
Billing
Schedule
Sl. No.

Description
of item

Total

Quantity/Percentage (%)
Cumulative
Claimed in
Cumulative
achieved up
this bill
achieved up
to last bill
to date

2. Date of Completion: [date]

3. Defects to be rectified, if any:

However, you are required to complete the outstanding items listed in the enclosure hereto as
soon as practicable.
This letter does not relieve you of your obligation to complete the execution of the Works
including Guarantee Test(s) in accordance with the Contract nor of your obligations during
the Defects Liability Period.
Very truly yours,


Title
(Project Manager)

Encl: List of outstanding items to be completed

7. Taking-Over Certificate
(On the letter head of the Purchaser as per provisions of GCC 29)

Date:
Loan/Credit No:
Tender Notice No:
[Name of Contract]

To: [Name and address of Contractor]

Dear Sirs,
Pursuant to clause GCC 29 of the General Conditions of the Contract entered into between
yourselves and the Purchaser dated [date], relating to the [brief description of the Works], we
hereby notify you that the Functional Guarantees of the following part(s) of the Works were
satisfactorily attained on the date specified below.
1. Description of the Works: [description]
2. Date of Take-Over: [date]

This letter does not relieve you of your obligation to complete the execution of the Works in
accordance with the Contract nor of your obligations during the Defects Liability Period.

Very truly yours,

Title
(Project Manager)

8. Trust Receipt for Equipment /Materials received

(On the letter head of the Contractor)
We, M/s (Contractor's Name)......................................................................................... having
our Principal place of business at ............................................having been awarded a Contract
No............................ dated ........................ for (Contract Name).............................................
by WBSETCL.
We do hereby acknowledge the receipt of the Equipment/ Materials as are fully described and
mentioned under Documents of Title/RR/LR etc. and in the schedule annexed hereto, which
shall form an integral part of this receipt as "Trustee" of WBSETCL. The aforesaid materials
etc. so received by us shall be exclusively used in the successful performance of the aforesaid
Contract and for no other purpose whatsoever. We undertake not to create any charge, lien or
encumbrance over the aforesaid materials etc, in favour of any other
person/institution(s)/Banks.

For M/s...........................................................
(Contractor's Name)

Dated: ...........................

(AUTHORISED SIGNATORY)

9a. Indemnity bond to be executed by the contractor for the

equipment handed over by the Purchaser for performance of its
contract (Entire Equipment Consignment in one lot)
(To be executed on non-judicial stamp paper of appropriate value as per
provisions of clause GCC 33.5)
INDEMNITY BOND
THIS INDEMNITY BOND is made this ....................................................day
of
................................ 20 .................... by ...........................(Contractor's Name) a Company
registered under the Companies Act, 1956/Partnership firm/Proprietary concern having its
registered office at ...................................... (hereinafter called as 'Contractor' or "Obligor"
which expression shall include its successors and permitted assigns) in favour of West
Bengal State Electricity Transmission Company Limited, a Company incorporated under the
Companies Act, 1956 having its registered office at ..................................................... and its
project at .............................. (hereinafter called "WBSETCL " which expression shall include
its successors and assigns) :
WHEREAS WBSETCL has awarded to the Contractor a Contract for .......................vide its
Letter of Award/Contract No.................dated ..................................... and its Amendment No.
............................... and Amendment No..................................., (applicable when amendments
have been issued) (hereinafter called the "Contract") in terms of which WBSETCL is
required to hand over various Equipments to the Contractor for execution of the Contract.
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor
is required to execute an Indemnity Bond in favour of WBSETCL for the Equipments handed
over to it by WBSETCL for the purpose of performance of the Contract/Erection portion of
the contract (hereinafter called the "Equipments")
AND THEREFORE, This Indemnity Bond witnesseth as follows:
1. That in consideration of various Equipments as mentioned in the Contract, valued at
(Currency and amount in Figures).................................. (Currency and amount in
words) .............................................. handed over to the Contractor for the purpose of
performance of the Contract, the Contractor hereby undertakes to indemnify and shall
keep WBSETCL indemnified, for the full value of the Equipments. The Contractor
hereby acknowledges actual receipt of the Equipment etc. as per despatch title
documents handed over to the Contractor as detailed in the Schedule appended hereto.
The Contractor shall hold such Equipment etc. in trust as a "Trustee" for and on
behalf of WBSETCL.
2. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipment at WBSETCL project site against all

3.

4.

5.

6.

risks whatsoever till the Equipments are duly used/erected in accordance with the
terms of the Contract and the Works duly erected and commissioned in accordance
with the terms of the Contract is taken over by WBSETCL. The Contractor
undertakes to keep WBSETCL harmless against any loss or damage that may be
caused to the Equipments.
The Contractor undertakes that the Equipments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the equipment shall be utilised for any other work of
purpose whatsoever. It is clearly understood by the Contractor that non-observance of
the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute
a criminal breach of trust on the part of the Contractor for all intents and purpose
including legal/penal consequences.
That WBSETCL is and shall remain the exclusive owner of the Equipments free from
all encumbrances, charges or liens of any kind, whatsoever. The Equipments shall at
all times be open to inspection and checking by the Project Manager or other
employees/agents authorised by him in this regard. Further, WBSETCL shall always
be free at all times to take possession of the Equipments in whatever form the
Equipments may be, if in its opinion, the equipments are likely to be endangered,
misutilised or converted to uses other than those specified in the Contract, by any acts
of omission or commission on the part of the Contractor or any other person or on
account of any reason whatsoever and the Contractor binds himself and undertakes to
comply with the directions of demand of WBSETCL to return the Equipments
without any demur or reservation.
That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to
the Equipments or the same or any part thereof is misutilised in any manner
whatsoever, then the Contractor hereby agrees that the decision of the Project
Manager of WBSETCL as to assessment of loss or damage to the Equipment shall be
final and binding on the Contractor. The Contractor binds itself and undertakes to
replace the lost and/or damaged Equipments at its own cost and/or shall pay the
amount of loss to WBSETCL without any demur, reservation or protest. This is
without prejudice to any other right or remedy that may be available to WBSETCL
against the Contractor under the Contract and under this Indemnity Bond.
NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction of
WBSETCL, THEN, the above Bond shall be void, but otherwise, it shall remain in
full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised
representative under the common seal of the Company, the day, month and year first above
mentioned.

Particulars of
Equipments
handed over

Quantity

Schedule
Particulars of Despatch title
Documents
RR/GR/ Bill Carrier
of lading No
& Date

Value of the
Equipments

Signature of
the Attorney
in token of
receipt

For and on behalf of

(Contractors Name)

1.
2.
3.

Signature..
Name.
Address.

1.
2.
3.

Signature..
Name.
Address.

Signature.
Name.
Designation of .
Authorized representative*
(Common Seal)
(In case of company)

*Indemnity Bond are to be executed by the authorised person and (i) in case of contracting
Company under common seal of the Company or (ii) having the Power of Attorney issued
under common seal of the company with authority to execute Indemnity Bond, (iii) In case of
(ii), the original Power of Attorney if it is specifically for this Contract or a photostat copy of
the Power of Attorney if it is General Power of Attorney and such documents should be
attached to Indemnity Bond.

9b. Indemnity bond to be executed by the contractor for the

equipment handed over in instalments by the Purchaser for
performance of its contract
(To be executed on non-Judicial stamp paper of appropriate value as per
provisions of clause GCC 33.5)
INDEMNITY BOND
THIS INDEMNITY BOND is made this ....................................................day
of
................................ 20 .................... by ...........................(Contractor's Name) a Company
registered under the Companies Act, 1956/Partnership firm/Proprietary concern having its
registered office at ...................................... (hereinafter called as 'Contractor' or "Obligor"
which expression shall include its successors and permitted assigns) in favour of West
Bengal State Electricity Transmission Company Limited, a Company incorporated under the
Companies Act, 1956 having its registered office at .....................................................
(hereinafter called "WBSETCL " which expression shall include its successors and assigns) :
WHEREAS WBSETCL has awarded to the Contractor a Contract for .......................vide its
Letter of Award/Contract No.................dated ..................................... and its Amendment No.
............................... and Amendment No..................................., (applicable when amendments
have been issued) (hereinafter called the "Contract") in terms of which WBSETCL is
required to hand over various Equipments to the Contractor for execution of the Contract.
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor
is required to execute an Indemnity Bond in favour of WBSETCL for the Equipments handed
over to it by WBSETCL for the purpose of performance of the Contract/Erection portion of
the contract (hereinafter called the "Equipments")
AND THEREFORE, This Indemnity Bond witnesseth as follows:
1. That in consideration of various Equipments as mentioned in the Contract, valued at
Rs.. (amount in Figures) ...................................... (amount in words)
.............................................. handed over to the Contractor for the purpose of
performance of the Contract, the Contractor hereby undertakes to indemnify and shall
keep WBSETCL indemnified, for the full value of the Equipments. The Contractor
hereby acknowledges actual receipt of the initial instalment of the Equipment etc. as
per details in the Schedule appended hereto. Further, the Contractor agrees to
acknowledge actual receipt of the subsequent instalments of the Equipments etc. as
required by WBSETCL in the form of Schedules consecutively numbered which shall
be attached to this Indemnity Bond so as to form integral parts of this Bond. The

2.

3.

4.

5.

6.

Contractor shall hold such Equipment etc. in trust as a "Trustee" for and on behalf of
WBSETCL.
That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipment at WBSETCL Site against all risks
whatsoever till the Equipments are duly used/erected in accordance with the terms of
the Contract and the Works duly erected and commissioned in accordance with the
terms of the Contract is taken over by WBSETCL. The Contractor undertakes to keep
WBSETCL harmless against any loss or damage that may be caused to the
Equipments.
The Contractor undertakes that the Equipments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the equipment shall be utilised for any other work of
purpose whatsoever. It is clearly understood by the Contractor that non-observance of
the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute
a criminal breach of trust on the part of the Contractor for all intents and purpose
including legal/penal consequences.
That WBSETCL is and shall remain the exclusive owner of the equipments free from
all encumbrances, charges or liens of any kind, whatsoever. The Equipments shall at
all times be open to inspection and checking by the Project Manager or other
employees/agents authorised by him in this regard. Further, WBSETCL shall always
be free at all times to take possession of the Equipments in whatever form the
Equipments may be, if in its opinion, the equipments are likely to be endangered,
misutilised or converted to uses other than those specified in the Contract, by any acts
of omission or commission on the part of the Contractor or any other person or on
account of any reason whatsoever and the Contractor binds himself and undertakes to
comply with the directions of demand of WBSETCL to return the Equipments
without any demur or reservation.
That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to
the Equipments or the same or any part thereof is misutilised in any manner
whatsoever, then the Contractor hereby agrees that the decision of the Project
Manager of WBSETCL as to assessment of loss or damage to the Equipment shall be
final and binding on the Contractor. The Contractor binds itself and undertakes to
replace the lost and/or damaged Equipments at its own cost and/or shall pay the
amount of loss to WBSETCL without any demur, reservation or protest. This is
without prejudice to any other right or remedy that may be available to WBSETCL
against the Contractor under the Contract and under this Indemnity Bond.
NOW THE CONDITION of this Bond is that if the Contractor shall duly and
punctually comply with the terms and conditions of this Bond to the satisfaction of
WBSETCL, THEN, the above Bond shall be void, but otherwise, it shall remain in
full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised
representative under the common seal of the Company, the day, month and year first above
mentioned.

Particulars of
Equipments
handed over

Quantity

Schedule No .1
Particulars of Despatch title
Documents
RR/GR/ Bill Carrier
of lading No
& Date

Value of the
Equipments

Signature of
the Attorney
in token of
receipt

(Please number subsequent Schedules)

For and on behalf of

(Contractors Name)

1.
2.
3.

Signature..
Name.
Address.

1.
2.
3.

Signature..
Name.
Address.

Signature.
Name.
Designation of .
Authorized representative*
(Common Seal)
(In case of company)

*Indemnity Bond are to be executed by the authorised person and (i) in case of contracting
Company under common seal of the Company or (ii) having the Power of Attorney issued
under common seal of the company with authority to execute Indemnity Bond, (iii) In case of
(ii), the original Power of Attorney if it is specifically for this Contract or a photostat copy of
the Power of Attorney if it is General Power of Attorney and such documents should be
attached to Indemnity Bond.

10. Authorization letter

(On the letter head of Purchaser)

Ref No: ........

Date:

To,
M/s (Contractors Name)..
Ref: Contract No Dated
for .. awarded by WBSETCL
Dear Sirs,
Kindly refer to Contract No................. Dated ................ for............................. (Contract
Name).You are hereby authorised on behalf of WBSETCL having its registered office at
........................................................................................... to take physical delivery of
materials/equipments covered under despatch Document/ Consignment Note
no......................[mention LR/RR No]..............dated ................................... and as detailed in
the enclosed Schedule for the sole purpose of successful performance of the aforesaid
contract and for no other purposes, whatsoever.

(Signature of Project Manager)

Designation: ..
Date: ......
ENCL: As above

Schedule of material/equipment covered under Despatch title document (RR/LR.No. ............)

S.No Contract
Name

LoA
No:/ Description
Spec
Contract
of Materials/ No.
Agreement No :
Equipment

Qty

Value Remarks

(Signature of the Project Manager)

(Designation).

(Date).

11. Validity Extension of Bank Guarantee

(To be stamped in accordance with the Stamp Act)
Bank Guarantee No. ........................
Date..................................................
To
[WBSETCLs Address]
Dear Sirs,
Sub: Validity Extension of Bank Guarantee No. ................................... dtd........................ for
Rs........................................................ favouring yourselves, expiring on.......................
on account of M/s*............................................................... in respect of Contract for
(Insert package name).................................... for ...................................................
Contract No. ................................... dated............... (herinafter called original Bank
Guarantee).
At the request of M/s*...................................................... we ........................................... Bank
having branch office at .......................................... and having Head Office at
.............................................................. do hereby extend our liability under the above
mentioned Bank Guarantee No......................... dtd .......... for a further period
of..................Years/ Months from ................. to expire on .........................
Except as provided above, all other terms and conditions of the original Bank Guarantee
No.............................. dtd.................. shall remain unaltered and binding on us.
Please treat this as an integral part of the original guarantee to which it would be attached.
Yours Faithfully,

(Signature)..
(Name & Designation)..
(Banks Seal)..
Authorised vide Power of Attorney No
..
* In case of Joint Ventures, name of all partners of the Joint Venture shall be mentioned.
Note: The extension of the Bank Guarantee should be forwarded to the Department/Project/
Corporate
Centre,
from
where
the
extension
has
been
sought.

12. No-Claim Certificate

(To be issued by the Contractor)

Name of the Package: ..

Name of the Contract: ..

LoA No. /Contract No..........................

Date..................................................

This is to certify that we have received all payments due to us in respect of the above referred
LoA/Contract and we have no claims whatsoever pending with WBSETCL for this Contract.
We further confirm that we shall have no claim against this Contract in future also.

Date :

(Signature)..........................................................

Place :

(Name)...................................................

(Designation).......................................................