CESL Tender Pilot Demonstration For RE Based EV Charging 1695551606

Invitation for Bids
Date 04.09.2023
Loan/Grant No. and Title The name of the Project is: Scaling up Demand – Side Energy Efficiency
Sector Project.
Grant No.: 9874-IND
Title CESL/06/2023-24/OCB-Solar Carports/232408003.
Design, Engineering, Supply, Civil work, Erection of suitable

raised structure, Installation, Testing & Commissioning of the
25/50 kWp Bi-facial Vertical Solar PV along with Battery
Energy Storage System of 100/200 kWh with EV Chargers
project including Operation and Comprehensive Maintenance
(O&M).
Deadline for Submission of Bids 19.10.2023 at 14:30 Hrs. (IST)
1. India has received financing from the Asian Development Bank (ADB) toward the cost of Scaling up
Demand – Side Energy Efficiency Sector Project. Part of this financing will be used for payments
under the contract named above. Bidding is open to Bidders from eligible source countries of ADB.
2. The Executing Agency for this pilot program shall be Energy Efficiency Services Limited (EESL) and
the procurement agency will be Convergence Energy Services Limited (CESL)-A wholly owned
subsidiary of EESL (the “Purchaser”).
3 The Convergence Energy Services Limited (CESL) (the “Purchaser”) invites sealed bids from
eligible Bidders for “Design, Engineering, Supply, Civil work, Erection of suitable raised structure,
Installation, Testing & Commissioning of the 25/50 kWp Bi-facial vertical Solar PV along with
Battery Energy Storage System (BESS) of 100/200 kWh with EV Chargers” project including
Operation and Comprehensive Maintenance (O&M) (the “Goods”).
The detailed scope of works for above tender is described in the Bidding Documents.
3. International Competitive Bidding will be conducted in accordance with ADB’s Single Stage: Single-
Envelope procedure and is open to all bidders with no country restrictions and universal procurement
will apply.
4. The complete Bidding Documents including tender drawings, if any, shall be available for inspection
and downloading at CESL’s website https://cesl.eproc.in (hereinafter referred to as the ‘Portal/e-
Portal/e-tender Portal’) from (Indian Standard Time (IST)) on 04.09.2023 to 14.00 Hrs. on
19.10.2023.
5. Interested bidders have to necessarily register themselves on the portal https://cesl.eproc.in as
explained in Para 6.1 below to participate in the bidding under this invitation for bids. It shall be the
sole responsibility of the interested bidders to get themselves registered at the aforesaid portal for
which they are required to contact M/s C1 India Pvt Ltd Gurugram at following address to complete
the registration formalities:
M/s C 1 India Pvt Ltd.,
Plot No. 68, 3rd Floor,
Sectio-44, Gurugram
Haryana-122003
Contact No.: +91 124 430 2000; +91 97735 81223; +91 95606 37779;
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Email-ID: [email protected], [email protected]
A onetime fee of INR 5000 is to be paid for this registration.
Digital Signature Certificates (DSCs): To carry out e-Procurement using e-Procurement portals, all
bidders will be required to obtain valid DSC of Class 3 (Signing + Encryption) issued by a Certifying
Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in
]. Bidders are solely responsible for purchase of valid Digital Signature Certificate from authorized
Certification Authorities and safe keeping of the certificates. The e-mail address specified in the
Digital Signature Certificate shall match with the e-mail address specified in the user profile created
during supplier registration. Bidders shall take due care to safe keep the e-Procurement system and
DSC token passwords. The Purchaser shall not be responsible for inability of bidder to participate
in a tender due to loss of password by bidder or inability of the bidder to retrieve password. The
Purchaser shall not be responsible for failures or breakdowns of systems, other than those, strictly
within the control of Purchaser and its e-Procurement service provider. Bidders shall take due care
to ensure purchase of Digital Signature Certificate requisite for tender submission in the e-
Procurement portal, availability of internet connectivity and requisite client software.
6.1 Registration on e-Procurement portal: As stated above, Bidders have to be registered in the e-
Procurement portal to be able to participate in tenders published on the site. Registration of each
organization is to be done by one of its senior persons who will be the main person coordinating for
the e-tendering activities. For further details, please visit the website https://cesl.eproc.in, and
follow further instructions.
Please note that even after acceptance of your registration by the Service Provider, Bidders need
time to complete the mandatory activities related to their organization and prospective bidders are
advised to plan accordingly.
6.2 They may obtain further information regarding this IFB from the office of Chief General Manager
(Contracts), CESL at the address given at para 8.1 below from 1500 hours to 1700 hours on all
working days till the deadline as per para 4.0 above.
For proper uploading of the bids on the portal namely https://cesl.eproc.in it shall be the sole
responsibility of the bidders to apprise themselves adequately regarding all the relevant procedures
and provisions as detailed at the portal as well as by contacting M/s C 1 India Pvt Ltd, Gurugram
directly, as and when required, for which contact details are mentioned above. The Purchaser in no
case shall be responsible for any issues related to timely or properly uploading/submission of the
bid in accordance with the relevant provisions of Section II – ITB of the Bidding Documents.
Tender Document fee of US $350 Only or in INR 25,000 (Indian Rupees Twenty-Five Thousand
Only) in the form of Banker’s Cheque/Demand Draft/Pay Order/NEFT/RTGS drawn in favour of
“Convergence Energy Services Limited”, payable at New Delhi shall be paid with the submission
of the documents in line with Clause 11 of Section 2, Bid Data Sheet.
In addition to above, Bid Document fee may also be submitted online through RTGS/NEFT.
The detail of RTGS/NEFT is as mentioned below:
Bank Name&
Account Name Account No. RTGS DETAIL
Branch Name
IFSC Code: ICIC0000007
Convergence Energy ICICI Bank
000705051799 MICR Code: 110229002
Services Limited New Delhi - Connaught Place
Customer ID: 578807920
Note: Bidders submitting Bid Fee through RTGS/NEFT shall upload the scan copy of
receipt of transfer of amount in Envelope-I. Participation of bidder shall be subject
to confirmation of amount transferred through RTGS/NEFT. The details
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mentioned in document uploaded as proof of transfer of amount shall only be
considered for verification purpose.
Bidder’s failure to submit non-refundable fee towards the cost of Bidding Documents in the
form of an acceptable Banker’s Cheque/Demand Draft/Pay Order along with the bid or an
online payment through /NEFT/RTGS or subsequently pursuant to Clarification as per ITB
29.2, shall lead to outright rejection of the Bid.
The hard copy part of the Bid as per clause 11 of the Bid Data Sheet shall be received up to
14:30 Hrs. (IST) on 19.10.2023. Soft Copy parts of bids shall be uploaded up to 14:30 Hrs.
(IST) on 19.10.2023. hard copy part of the bids must be accompanied by a EMD/Bid Security
and Bid Document fee in the amount as stated in the Bidding Document (Bid Data Sheet).
The Technical Bid and Schedule for Price bid (First Envelope) shall be opened online on
19.10.2023 at 15:00 Hrs. (IST) as per the bidding documents.
8.1 The Purchaser shall not be held liable for any delays due to system failure beyond its control.
Even though the system will attempt to notify the bidders of any bid updates, the Purchaser
shall not be liable for any information not received by the bidder. It is the bidders’ responsibility
to verify the website for the latest information related to the tender.
Alternative Bids shall not be permitted.
A Pre-Bid meeting will be held on 25.09.2023 at 11:00 Hrs. (IST) at the office of CESL
mentioned below.
CESL will not be responsible for any costs or expenses incurred by Bidders in connection with
the preparation or submission of Bids.
In the comparison of Bids, ADB’s Domestic Preference Scheme will be applied in accordance
with the provisions stipulated in the Bidding Documents.
All correspondence with regard to the above shall be made to the following address:
(By Post/In Person)
Sh. Ashim Bhattacharya,
Chief General Manager (Contracts)
Convergence Energy Services Limited
NFL Building, 2nd Floor,
Core – III SCOPE Complex,
Lodhi Road, New Delhi-110003
Telephone: +011-42259600;
E-mail address: [email protected],
[email protected] , [email protected]; [email protected]
For more information on CESL, please visit the site at https://www.convergence.co.in/
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Section 1: Instructions to Bidders 1-1
Section 1: Instructions to Bidders
Table of Clauses
A. General ............................................................................................................................ 1-3

1. Scope of Bid................................................................................................................... 1-3
2. Source of Funds ............................................................................................................. 1-3
3. Fraud and Corruption ..................................................................................................... 1-3
4. Eligible Bidders .............................................................................................................. 1-5
5. Eligible Plant and Services ............................................................................................ 1-7
B. Contents of Bidding Document ................................................................................... 1-7

6. Sections of Bidding Document ....................................................................................... 1-7
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ......................................... 1-8
8. Amendment of Bidding Document .................................................................................. 1-9
C. Preparation of Bids ...................................................................................................... 1-9

9. Cost of Bidding ............................................................................................................... 1-9
10. Language of Bid ............................................................................................................. 1-9
11. Documents Comprising the Bid....................................................................................... 1-9
12. Letter of Bid and Schedules .......................................................................................... 1-10
13. Alternative Bids ............................................................................................................ 1-10
14. Documents Establishing the Eligibility of Plant and Services ........................................ 1-10
15. Documents Establishing the Eligibility and Qualifications of the Bidder .......................... 1-10
16. Documents Establishing Conformity of the Plant and Services ...................................... 1-11
17. Technical Proposal, Subcontractors.............................................................................. 1-11
18. Bid Prices and Discounts ............................................................................................ 1-122
19. Currencies of Bid and Payment .................................................................................... 1-14
20. Period of Validity of Bids ............................................................................................... 1-14
21. Bid Security/Bid-Securing Declaration .......................................................................... 1-14
22. Format and Signing of Bid ............................................................................................ 1-15
Bidding Document for Design, Supply, Erection & Commissioning and O & M of 25/50 kWp Bi-facial Vertical Solar PV along with Battery
Energy Storage System with EV Chargers project Procurement of Plant Single-Stage: One-Envelope
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1-2 Section 1: Instructions to Bidders
D. Submission and Opening of Bids .............................................................................. 1-16

23. Submission, Sealing and Marking of Bids ..................................................................... 1-16
24. Deadline for Submission of Bids ................................................................................... 1-16
25. Late Bids ...................................................................................................................... 1-16
26. Withdrawal, Substitution, and Modification of Bids ....................................................... 1-17
27. Bid Opening ................................................................................................................. 1-17
E. Evaluation and Comparison of Bids .......................................................................... 1-18

28. Confidentiality............................................................................................................... 1-18
29. Clarification of Bids....................................................................................................... 1-18
30. Deviations, Reservations, and Omissions ..................................................................... 1-18
31. Determination of Responsiveness................................................................................ 1-18
32. Nonmaterial Nonconformities........................................................................................ 1-19
33. Correction of Arithmetical Errors ................................................................................... 1-19
34. Conversion to Single Currency ..................................................................................... 1-20
35. Domestic Preference .................................................................................................... 1-20
36. Evaluation and Comparison of Bids .............................................................................. 1-20
37. Abnormally Low Bids .................................................................................................... 1-22
38. Eligibility and Qualification of the Bidder ....................................................................... 1-22
39. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ................................ 1-23
40. Notice of Intention for Award of Contract....................................................................... 1-23
F. Award of Contract ...................................................................................................... 1-23

41. Award Criteria .............................................................................................................. 1-23
42. Notification of Award..................................................................................................... 1-23
43. Signing of Contract ....................................................................................................... 1-24
44. Performance Security ................................................................................................... 1-25
45. Bidding-Related Complaints ......................................................................................... 1-25
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A. General
1. Scope of Bid 1.1 In connection with the Invitation for Bids (IFB) indicated in the Bid Data
Sheet (BDS), the Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of plant and services as specified in Section
6 (Employer’s Requirements). The name, identification, and number of lot/s
(contract/s) of the open competitive bidding (OCB) are provided in the BDS.
1.2 Throughout this Bidding Document,

(a) the term “in writing” means communicated in written form and delivered
against receipt;
(b) except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural also
include the singular; and
(c) “day” means calendar day.
2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”) indicated in the
BDS has applied for or received financing (hereinafter called “funds”) from
the Asian Development Bank (hereinafter called “ADB”) toward the cost of
the project named in the BDS. The Borrower intends to apply a portion of
the funds to eligible payments under the contract(s) for which this Bidding
Document is issued.
2.2 Payments by ADB will be made only at the request of the Borrower and
upon approval by ADB in accordance with the terms and conditions of the
Financing Agreement between the Borrower and ADB (hereinafter called
“Financing Agreement”), and will be subject in all respects to the terms and
conditions of that Financing Agreement. No party other than the Borrower
shall derive any rights from the Financing Agreement or have any claim to
the funds.
3. Fraud and 3.1 ADB requires Borrowers (including beneficiaries of ADB-financed activity)
Corruption and their personnel, as well as firms and individuals participating in an
ADB-financed activity, including but not limited to, Bidders, Suppliers, and
Contractors, agents, subcontractors, subconsultants, service providers,
subsuppliers, manufacturers (including their respective officers, directors,
employees and personnel) under ADB-financed contracts to observe the
highest standard of ethics during the procurement and execution of such
contracts in accordance with ADB’s Anticorruption Policy (1998, as
amended from time to time). In pursuance of this policy, ADB
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) “corrupt practice” means the offering, giving, receiving, or
soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit
or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening
to impair or harm, directly or indirectly, any party or the property
of the party to influence improperly the actions of a party;
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(iv) “collusive practice” means an arrangement between two or

more parties designed to achieve an improper purpose,
including influencing improperly the actions of another party;
(v) “abuse” means theft, waste, or improper use of assets related
to ADB-related activity, either committed intentionally or through
reckless disregard;
(vi) “conflict of interest” means any situation in which a party has
interests that could improperly influence that party’s
performance of official duties or responsibilities, contractual
obligations, or compliance with applicable laws and regulations;
and
(vii) “integrity violation" is any act, as defined under ADB’s Integrity
Principles and Guidelines (2015, as amended from time to
time), which violates ADB’s Anticorruption Policy, including (i)
to (vi) above and the following: obstructive practice, violations
of ADB sanctions, retaliation against whistleblowers or
witnesses, and other violations of ADB's Anticorruption Policy,
including failure to adhere to the highest ethical standard.
(b) will reject a proposal for award if it determines that the Bidder
recommended for award or any of its officers, directors, employees,
personnel, subconsultants, subcontractors, service providers,
suppliers or manufacturers has, directly or through an agent, engaged
in corrupt, fraudulent, collusive, coercive, or obstructive practices or
other integrity violations in competing for the Contract;
(c) will cancel the portion of the financing allocated to a contract if it
determines at any time that representatives of the Borrower or of a
beneficiary of ADB-financing engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations during the
procurement or the execution of that contract, without the Borrower
having taken timely and appropriate action satisfactory to ADB to
remedy the situation, including by failing to inform ADB in a timely
manner at the time they knew of the integrity violations;
(d) will impose remedial actions on a firm or an individual, at any time, in
accordance with ADB’s Anticorruption Policy and Integrity Principles
and Guidelines, including declaring ineligible, either indefinitely or for a
stated period of time, to participate1 in ADB-financed, -administered, or
-supported activities or to benefit from an ADB-financed, -administered,
or -supported contract, financially or otherwise, if it at any time
determines that the firm or individual has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices, or other integrity violations; and
(e) will have the right to require that a provision be included in the Bidding
Documents and in contracts financed, administered, or supported by
ADB, requiring Bidders, suppliers, and contractors, consultants,
manufacturers, service providers and other third parties engaged or
involved in ADB-related activities, and their respective officers,
directors, employees and personnel, to permit ADB or its
representative to inspect the site and their assets, accounts and
records and other documents relating to the bid submission and
contract performance and to have them audited by auditors appointed
by ADB.
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Whether as a Contractor, Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any other capacity (different
names are used depending on the particular Bidding Document).
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3.2 All Bidders, consultants, contractors, suppliers, manufacturers, service

providers, and other third parties engaged or involved in ADB-related
activities, and their respective officers, directors, employees and
personnel, are obliged to cooperate fully in any investigation when
requested by ADB to do so. As determined on a case by case basis by
ADB, such cooperation includes, but is not limited to, the following:
(a) being available to be interviewed and replying fully and truthfully to all
questions asked;
(b) providing ADB with any items requested that are within the party’s
control including, but not limited to, documents and other physical
objects;
(c) upon written request by ADB, authorizing other related entities to
release directly to ADB such information that is specifically and
materially related, directly or indirectly, to the said entities or issues
which are the subject of the investigation;
(d) cooperating with all reasonable requests to search or physically inspect
their person and/or work areas, including files, electronic databases,
and personal property used on ADB activities, or that utilizes ADB’s
Information and Communications Technology (ICT) resources or
systems (including mobile phones, personal electronic devices, and
electronic storage devices such as external disk drives);
(e) cooperating in any testing requested by ADB, including but not limited
to, fingerprint identification, handwriting analysis, and physical
examination and analysis; and
(f) preserving and protecting confidentiality of all information discussed
with, and as required by, ADB.
3.3 All Bidders, consultants, contractors and suppliers shall require their
officers, directors, employees, personnel, agents to ensure that, in its
contract with its sub-consultants, subcontractors, and other third parties
engaged or involved in ADB-related activities, such sub-consultants,
subcontractors, and other third parties similarly are obliged to cooperate
fully in any investigation when requested by ADB to do so.
3.4 The Employer hereby puts the Bidder on notice that the Bidder or any Joint
Venture partner of the Bidder (if any) may not be able to receive any
payments under the Contract if the Bidder or any of its Joint Venture
partners, as appropriate, is, or is owned (in whole or in part) by a person or
entity subject to applicable sanctions.
3.5 Furthermore, Bidders shall be aware of the provision stated in GCC 9.6 and
GCC 42.2.1 (c).
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, or government-owned
enterprise subject to ITB 4.5 - or any combination of them with a formal
intent to enter into an agreement or under an existing agreement in the
form of a Joint Venture. In the case of a Joint Venture,
(a) all partners shall be jointly and severally liable; and
(b) the Joint Venture shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all the
partners of the Joint Venture during the bidding process and, in the
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event the Joint Venture is awarded the Contract, during contract

execution.
4.2 A Bidder, and all partners constituting the Bidder, shall have the nationality
of an eligible country, in accordance with Section 5 (Eligible Countries). A
Bidder shall be deemed to have the nationality of a country if the Bidder is
a citizen or is constituted, incorporated, or registered, and operates in
conformity with the provisions of the laws of that country. This criterion shall
also apply to the determination of the nationality of proposed
subcontractors or suppliers for any part of the Contract, including related
services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a
conflict of interest shall be disqualified. A Bidder may be considered to be
in a conflict of interest with one or more parties in this bidding process if
any of, including but not limited to, the following apply:
(a) they have controlling shareholders in common; or
(b) they receive or have received any direct or indirect subsidy from any of
them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through common
third parties, that puts them in a position to have access to material
information about or improperly influence the bid of another Bidder, or
influence the decisions of the Employer regarding this bidding process;
or
(e) a Bidder participates in more than one bid in this bidding process, either
individually or as a partner in a Joint Venture, except for alternative
offers permitted under ITB 13. This will result in the disqualification of
all Bids in which it is involved. However, subject to any finding of a
conflict of interest in terms of ITB 4.3 (a) - (d) above, this does not limit
the participation of a Bidder as a subcontractor in another Bid or of a
firm as a subcontractor in more than one Bid; or
(f) a Bidder, Joint Venture partner, associates, parent company or any
affiliated entity, participated as a consultant in the preparation of the
design or technical specifications of the plant and services that are the
subject of the Bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired (or is
proposed to be hired) by the Employer or Borrower as Project Manager
for the Contract; or
(h) a Bidder would be providing goods, works, or nonconsulting services
resulting from or directly related to consulting services for the
preparation or implementation of the project specified in the BDS ITB
2.1 that it provided or were provided by any affiliate that directly or
indirectly controls, is controlled by, or is under common control with
that firm; or
(i) a Bidder that has a financial or familial relationship with staff of the
Employer including project implementing/executing agency, or of a
recipient of a part of the loan who: (i) 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 (ii)
would be involved in the implementation or supervision of such contract
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unless the conflict stemming from such relationship has been resolved
in a manner acceptable to ADB throughout the procurement process
and execution of the contract.
4.4 A firm will not be eligible to participate in any procurement activities under
an ADB-financed, -administered, or -supported project while under
temporary suspension or debarment by ADB pursuant to its Anticorruption
Policy (see ITB 3), whether such debarment was directly imposed by ADB,
or enforced by ADB pursuant to the Agreement for Mutual Enforcement of
Debarment Decisions. A bid from a temporary suspended or debarred firm
will be rejected and such bid may be in breach of debarment conditions,
thereby subject to further ADB’s investigation.
4.5 Government-owned enterprises in the Borrower’s country shall be eligible

only if they can establish that they (i) are legally and financially
autonomous, (ii) operate under commercial law, and (iii) are not dependent
agencies of the Employer.
4.6 A Bidder shall not be under suspension from bidding by the Employer as
the result of the execution of a Bid–Securing Declaration.
4.7 Bidders shall provide such evidence of their continued eligibility satisfactory
to the Employer, as the Employer shall reasonably request.
4.8 Bidders shall be excluded if by an act of compliance with a decision of the

United Nations Security Council taken under Chapter VII of the Charter of
the United Nations, the Borrower’s country prohibits any import of goods
from, or payments to, a particular country, person, or entity in respect of
goods or services originating in that country. Where the Borrower’s country
prohibits payments to a particular person or entity or for particular goods or
services by such an act of compliance, that firm shall be excluded.
5. Eligible Plant 5.1 The plant and services to be supplied under the Contract shall have their
and Services origin in eligible source countries as defined in ITB 4.2 and all expenditures
under the Contract will be limited to such plant and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where the plant,
or component parts thereof are mined, grown, produced, or manufactured,
and from which the services are provided. Plant components are produced
when, through manufacturing, processing, or substantial or major
assembling of components, a commercially recognized product results that
is substantially in its basic characteristics or in purpose or utility from its
components.
B. Contents of Bidding Document
6. Sections of 6.1 The Bidding Document consists of Parts I, II, and III, which include all the
Bidding sections indicated below, and should be read in conjunction with any
Document addenda issued in accordance with ITB 8.
PART I Bidding Procedures
Section 1 - Instructions to Bidders (ITB)
Section 2 - Bid Data Sheet (BDS)
Section 3 - Evaluation and Qualification Criteria (EQC)
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Section 4 - Bidding Forms (BDF)

Section 5 - Eligible Countries (ELC)
PART II Requirements
Section 6 - Employer’s Requirements (ERQ)
PART III Conditions of Contract and Contract Forms
Section 7 - General Conditions of Contract (GCC)
Section 8 - Special Conditions of Contract (SCC)
Section 9 - Contract Forms (COF)
6.2 The IFB issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding
Document and its addenda, if they were not obtained directly from the
source stated by the Employer in the IFB.
6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all information or
documentation required by the Bidding Document may result in the
rejection of the Bid.
7. Clarification of 7.1 A prospective Bidder requiring any clarification on the Bidding Document
Bidding shall contact the Employer in writing at the Employer’s address indicated
Document, Site in the BDS, or raise his enquiries during the pre-bid meeting if provided for
Visit, Pre-Bid in accordance with ITB 7.4. The Employer will respond to any request for
Meeting clarification, provided that such request is received no later than 21 days
prior to the deadline for submission of bids. The Employer’s response shall
be in writing with copies to all Bidders who have acquired the Bidding
Document in accordance with ITB 6.3, including a description of the inquiry
but without identifying its source. Should the Employer deem it necessary
to amend the Bidding Document as a result of a request for clarification, it
shall do so following the procedure under ITB 8 and ITB 24.2.
7.2 The Bidder is advised to visit and examine the site where the plant is 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 the provision of plant and services. The costs of visiting
the site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission
by the Employer to enter its premises and lands for the purpose of such
visit, but only upon the express condition that the Bidder, its personnel, and
agents, will release and indemnify the Employer 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.
7.4 The Bidder’s designated representative is invited to attend a pre-bid
meeting, if provided for in the BDS. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may be raised at
that stage.
7.5 The Bidder is requested to submit any questions in writing, to reach the
Employer not later than 1 week before the pre-bid meeting.
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7.6 Minutes of the pre-bid meeting, including the text of the questions raised,
without identifying the source, and the responses given, together with any
responses prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding Document in accordance with ITB
6.3. Any modification to the Bidding Document that may become necessary
as a result of the pre-bid meeting shall be made by the Employer
exclusively through the issue of an addendum pursuant to ITB 8 and not
through the minutes of the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.
8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the Employer may
Bidding amend the Bidding Document by issuing addenda.
Document
8.2 Any addendum issued shall be part of the Bidding Document and shall be
communicated in writing to all who have obtained the Bidding Document
from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum

into account in preparing their Bids, the Employer may, at its discretion,
extend the deadline for the submission of Bids, pursuant to ITB 24.2
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall in no case be responsible or
liable for those costs, regardless of the conduct or outcome of the bidding
process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer, shall be written in the language
specified in the BDS. Supporting documents and printed literature that are
part of the Bid may be in another language provided they are accompanied
by an accurate translation of the relevant passages into the language
specified in the BDS, in which case, for purposes of interpretation of the
Bid, such translation shall govern.
11. Documents 11.1 The Bid submitted by the Bidder shall comprise the following:
Comprising the (a) Letter of Bid;
Bid (b) completed schedules as required, including Price Schedules, in
accordance with ITB 12 and ITB 18;
(c) Bid Security or Bid-Securing Declaration, in accordance with ITB 21;
(d) alternative Bids, if permissible, in accordance with ITB 13;
(e) written confirmation authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB 22.2;
(f) documentary evidence in accordance with ITB 14.1, that the plant and
services offered by the Bidder in its Bid or in any alternative bid, if
permitted, are eligible;
12
(g) documentary evidence in accordance with ITB 15, the Bidder’s

eligibility and qualifications to perform the contract if its Bid is accepted;
(h) Technical Proposal in accordance with ITB 17.
(i) documentary evidence in accordance with ITB 16, that the plant and
services offered by the Bidder conform to the Bidding Document;
(j) list of subcontractors, in accordance with ITB 17.2; and
(k) any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1, Bids submitted by a Joint
Venture shall include a copy of the Joint Venture Agreement entered into
by all partners. Alternatively, a Letter of Intent to execute a Joint Venture
Agreement in the event of a successful Bid shall be signed by all partners
and submitted with the Bid, together with a copy of the proposed
agreement.
12. Letter of Bid and 12.1 The Bidder shall complete the Letter of Bid, including the appropriate Price
Schedules Schedules, using the relevant forms furnished in Section 4 (Bidding
Forms). The forms must be completed as instructed in each form and as
required in the BDS.
13. Alternative Bids 13.1 The BDS indicates whether alternative Bids are allowed. If they are
allowed, the BDS will also indicate whether they are permitted in
accordance with ITB 13.3, or invited in accordance with ITB13.2 and/or ITB
13.4.
13.2 When alternatives to the Time Schedule are explicitly invited, a statement
to that effect will be included in the BDS, and the method of evaluating
different time schedules will be described in Section 3 (Evaluation and
Qualification Criteria).
13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer technical
alternatives to the Employer’s requirements as described in the Bidding
Document must also provide (i) a price at which they are prepared to offer
a plant meeting the Employer’s requirements; and (ii) all information
necessary for a complete evaluation of the alternatives by the Employer,
including drawings, design calculations, technical specifications,
breakdown of prices, and proposed installation methodology and other
relevant details. Only the technical alternatives, if any, of the lowest
evaluated Bidder conforming to the basic technical requirements shall be
considered by the Employer.
13.4 When Bidders are invited in the BDS to submit alternative technical
solutions for specified parts of the facilities, such parts shall be described
in Section 6 (Employer’s Requirements). Technical alternatives for the
specific parts of the facilities that comply with the performance and
technical criteria specified for the plant and services shall be considered by
the Employer on their own merits, pursuant to ITB 36.
14. Documents 14.1 To establish the eligibility of the plant and services in accordance with ITB
Establishing the 5, Bidders shall complete the country of origin declarations in the Price
Eligibility of Schedule Forms, included in Section 4 (Bidding Forms).
Plant and
Services
15. Documents 15.1 To establish its eligibility and qualifications to perform the Contract in
Establishing the accordance with Section 3 (Evaluation and Qualification Criteria), the
13
Eligibility and Bidder shall provide the information requested in the corresponding
Qualifications of information sheets included in Section 4 (Bidding Forms).
the Bidder
15.2 Domestic Bidders, individually or in Joint Ventures, applying for eligibility

for domestic preference shall supply all information required to satisfy the
criteria for eligibility as described in ITB 35.
16. Documents 16.1 The documentary evidence of the conformity of the plant and services to
Establishing the Bidding Document may be in the form of literature, drawings, and data,
Conformity of and shall furnish:
the Plant and
(a) a detailed description of the essential technical and performance
Services
characteristics of the plant and services, including the functional
guarantees of the proposed plant and services, in response to the
specification;
(b) a list giving full particulars, including available sources, of all spare
parts and special tools necessary for the proper and continuing
functioning of the plant for the period named in the BDS, following
completion of plant and services in accordance with provisions of the
contract; and
(c) a commentary on the Employer’s Specifications and adequate
evidence demonstrating the substantial responsiveness of the plant
and services to those specifications. Bidders shall note that standards
for workmanship, materials, and equipment designated by the
Employer in the Bidding Document are intended to be descriptive
(establishing standards of quality and performance) only and not
restrictive. The Bidder may substitute alternative standards, brand
names, and/or catalog numbers in its Bid, provided that it demonstrates
to the Employer’s satisfaction that the substitutions are substantially
equivalent or superior to the standards designated in the
Specifications.
17. Technical 17.1 The Bidder shall furnish a Technical Proposal, including a statement of
Proposal, work methods, equipment, personnel, schedule, environmental, health and
Subcontractors safety (EHS) management plan commensurate with the proposed scope of
works, EHS Code of Conduct, and any other information as stipulated in
Section 4 (Bidding Forms), in sufficient detail to demonstrate the adequacy
of the Bidders’ proposal to meet the work requirements and the completion
time.
17.2 For major items of plant and services as listed by the Employer in Criterion
2.5 of Section 3 (Evaluation and Qualification Criteria), which the Bidder
intends to purchase or subcontract, the Bidder shall give details of the
name and nationality of the proposed Subcontractors, including
Manufacturers, for each of those items. In addition, the Bidder shall include
in its Bid information establishing compliance with the requirements
specified by the Employer for these items. Bidders are free to list more
than one Subcontractor against each item of the plant and services.
Quoted rates and prices will be deemed to apply to whichever
Subcontractor is appointed, and no adjustment of the rates and prices will
be permitted.
17.3 The Bidder shall be responsible for ensuring that any Subcontractor
proposed complies with the requirements of ITB 4, and that any plant, or
14
services to be provided by the Subcontractor comply with the requirements

of ITB 5 and ITB 15.1
18. Bid Prices and 18.1 Unless otherwise specified in the BDS and/or Section 6 (Employer’s
Discounts Requirements), Bidders shall quote for the entire plant and services 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 Document in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction, installation,
and completion of the plant. This includes all requirements under the
Contractor’s responsibilities for testing, pre-commissioning and
commissioning of the plant and, where so required by the Bidding
Document, 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 Document, all in accordance
with the requirements of the General Conditions. Items against which no
price is entered by the Bidder will not be paid for by the Employer when
executed and shall be deemed to be covered by the prices for other items.
18.2 Bidders are required to quote the price for the commercial, contractual, and
technical obligations outlined in the Bidding Document. The prices for all
items in the Price Schedules shall be expressed in positive values. If the
prices are expressed in negative values, the bid will be rejected.
18.3 Bidders shall give a breakdown of the prices in the manner and detail called
for in the Price Schedules included in Section 4 (Bidding Forms). Where
no different Price Schedules are included in the Bidding Document, Bidders
shall present their prices in the following manner: Separate numbered
Schedules included in Section 4 (Bidding Forms) shall be used for each of
the following elements. The total amount from each Schedule (Nos. 1 to 4)
shall be summarized in a Grand Summary (Schedule No. 5) giving the total
bid price(s) to be entered in the Letter of Bid. Absence of the total bid price
in the Letter of Bid may result in the rejection of the Bid.
Schedule No. 1: Plant and Mandatory Spare Parts Supplied from Abroad
Schedule No. 2: Plant and Mandatory Spare Parts Supplied from Within
the Employer’s Country
Schedule No. 3: Design Services
Schedule No. 4: Installation and Other Services
Schedule No. 5 Grand Summary (Schedule Nos. 1 to 4)
Schedule No. 6: Recommended Spare Parts
Bidders shall note that the plant and mandatory spare parts included in
Schedule Nos. 1 and 2 above exclude materials used for civil, building, and
other construction works. All such materials shall be included and priced
under Schedule No. 4, Installation and Other Services.
18.4 In the Schedules, Bidders shall give the required details and a breakdown
of their prices as follows:
(a) Plant to be Supplied from Abroad (Schedule No. 1):
(i) the price of the plant shall be quoted carriage and insurance paid
(CIP)-named place of destination basis specified in the BDS;
15
(ii) all customs duties and other taxes paid or payable in the
Employer’s country on the plant if the contract is awarded to the
Bidder; and
(iii) the total price for the plant
(b) Plant Supplied from Within the Employer’s Country (Schedule No. 2):
(i) the price of the plant shall be quoted on an EXW Incoterm basis
(ex works, ex factory, ex warehouse, ex showroom, as
applicable), including all customs duties and sales and other taxes
already paid or payable on the components and raw material used
in the manufacture or assembly of plant quoted ex works or ex
factory, or on the previously imported plant of foreign origin quoted
ex warehouse, ex showroom;
(ii) sales tax and other taxes payable in the Employer’s country on
the plant if the contract is awarded to the Bidder; and
(iii) the total price for the plant.
(c) Design Services. (Schedule No. 3). Rates or prices shall include all
taxes, duties, levies, and charges payable in the Employerʼs country
as of 28 days prior to the deadline for submission of Bids.
(d) Installation and Other Services (Schedule No. 4) shall be quoted
separately and shall include rates or prices for local transportation,
insurance, and other services incidental to delivery of the plant, all
labor, contractor’s equipment, temporary works, materials,
consumables, and all matters and things of whatsoever nature,
including operations and maintenance services, the provision of
operations and maintenance manuals, training, etc., where identified in
the Bidding Document, as necessary for the proper execution of the
installation and other services, including all taxes, duties, levies and
charges payable in the Employer’s country as of 28 days prior to the
deadline for submission of bids.
(e) Recommended spare parts (Schedule No. 6) shall be quoted
separately as specified in either subparagraph (a) or (b) above in
accordance with the origin of the spare parts.
18.5 The current edition of Incoterms, published by the International Chamber

of Commerce shall govern.
18.6 The prices shall be either fixed or adjustable as specified in the BDS.
(a) In the case of Fixed Price, prices quoted by the Bidder shall be fixed
during the Bidder’s performance of the contract and not subject to
variation on any account. A Bid submitted with an adjustable price
quotation will be treated as nonresponsive and rejected.
(b) In the case of Adjustable Price, prices quoted by the Bidder shall be
subject to adjustment during performance of the contract to reflect
changes in the cost elements such as labor, material, transport and
contractor’s equipment in accordance with the procedures specified in
the corresponding appendix to the Contract Agreement. A Bid
submitted with a fixed price quotation will be treated as nonresponsive
and be rejected. The Bidder shall furnish the indexes (e.g. for labor and
materials), their weightings and source in the Tables of Adjustment
Data included in Section 4 (Bidding Forms). The Employer may require
the Bidder to justify its proposed indexes and weightings. Any bid that
16
omits indexes and weightings shall be subject to clarification with the

Bidder.
18.7 If so indicated in BDS 1.1, Bids are being invited for individual lots
(contracts) or for any combination of lots (packages). Bidders wishing to
offer any price reduction (discount) for the award of more than one contract
shall specify in their Letter of Bid the price reductions applicable to each
package, or alternatively, to individual contracts within the package, and
the manner in which the price reductions will apply.
19. Currencies of 19.1 The currency(ies) of the bid shall be, as specified in the BDS.
Bid and
Payment 19.2 Bidders may be required by the Employer to justify, to the Employerʼs
satisfaction, their local and foreign currency requirements.
20. Period of 20.1 Bids shall remain valid for the bid validity period specified in the BDS. The
Validity of Bids bid validity period starts from the date fixed for the bid submission deadline
date prescribed by the Employer in accordance with ITB 24.1. A bid valid
for a shorter period shall be rejected by the Employer as nonresponsive.
20.2 In exceptional circumstances, prior to the expiration of the bid validity period,
the Employer may request Bidders to extend the period of validity of their Bids.
The request and the responses shall be made in writing. If a bid security is
requested in accordance with ITB 21, it shall also be extended 28 days
beyond the deadline of the extended bid validity period. A Bidder may refuse
the request without forfeiting its bid security. A Bidder granting the request shall
not be required or permitted to modify its Bid.
21. Bid Security/Bid 21.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its
Securing Bid, in original form, either a Bid-Securing Declaration or a bid security as
Declaration specified in the BDS. In the case of a bid security, the amount and currency
shall be as specified in the BDS.
21.2 If a Bid-Securing Declaration is required pursuant to ITB 21.1, it shall use
the form included in Section 4 (Bidding Forms). The Employer will declare
a Bidder ineligible to be awarded a Contract for a specified period of time,
as indicated in the BDS, if a Bid-Securing Declaration is executed.
21.3 If a bid security is specified pursuant to ITB 21.1, bid security shall be, at
the Bidder’s option, in any of the following forms:
(a) an unconditional bank guarantee (hard copy of the bank guarantee or
in the form of SWIFT message MT760), or
(b) an irrevocable letter of credit, or
(c) a cashier’s or certified check,
all from a reputable source from an eligible country as described in Section
5 (Eligible Countries). In the case of a bank guarantee, the bid security shall
be submitted using either the Bid Security Form included in Section 4
(Bidding Forms) or another form acceptable to the Employer. The form
must include the complete name of the Bidder. The bid security shall be
valid for 28 days beyond the original validity period of the Bid, or beyond
any period of extension if requested under ITB 20.2.
17
21.4 Unless otherwise specified in the BDS, any Bid not accompanied by a
substantially compliant bid security or Bid-Securing Declaration, if one is
required in accordance with ITB 21.1, shall be rejected by the Employer as
non-responsive.
21.5 If a bid security is specified pursuant to ITB 21.1, the bid security of
unsuccessful Bidders shall be returned promptly upon the successful
Bidder’s furnishing of the performance security pursuant to ITB 44.
21.6 If, a bid security is specified pursuant to ITB 21.1, the bid security of the
successful Bidder shall be returned promptly once the successful Bidder
has signed the Contract and furnished the required performance security.
21.7 The bid security may be forfeited or the Bid-Securing Declaration executed,
if
(a) notwithstanding ITB 26.3, a Bidder withdraws its Bid during the period
of bid validity specified by the Bidder on the Letter of Bid, except as
provided in ITB 20.2, or
(b) the successful Bidder fails to
(i) sign the Contract in accordance with ITB 43, or
(ii) furnish a performance security in accordance with ITB 44, or
(iii) accept the arithmetical corrections of its Bid in accordance with
ITB 33.
21.8 If the bid security is required as per ITB 21.1, the bid security of a Joint
Venture shall be in the name of the Joint Venture that submits the Bid. If
the Joint Venture has not been legally constituted at the time of bidding,
the bid security shall be in the name of any or all of the Joint Venture
partners. If the Bid-Securing Declaration is required as per ITB 21.1, the
Bid-Securing Declaration of a Joint Venture shall be in the name of the
Joint Venture that submits the Bid. If the Joint Venture has not been legally
constituted at the time of bidding, the Bid-Securing Declaration shall be in
the names of all future partners as named in the letter of intent referred to
in ITB 4.1.
22. Format and 22.1 The Bidder shall prepare one original set of the documents comprising the
Signing of Bid Bid as described in ITB 11 and clearly mark it “ORIGINAL.” Alternative
Bids, if permitted in accordance with ITB 13, shall be clearly marked
“ALTERNATIVE”. In addition, the Bidder shall submit copies of the Bid, in
the number specified in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and the copies, the original
shall prevail.
22.2 The original and all copies of the Bid shall be typed or written in indelible ink
and shall be signed by a person duly authorized to sign on behalf of the Bidder.
This authorization shall consist of a written confirmation as specified in the BDS
and shall be attached to the Bid. The name and position held by each person
signing the authorization must be typed or printed below the signature. If a
Bidder submits a deficient authorization, the Bid shall not be rejected in the
first instance. The Employer shall request the Bidder to submit an
acceptable authorization within the number of days as specified in the BDS.
Failure to provide an acceptable authorization within the period stated in
18
the Employer’s request shall cause the rejection of the Bid. If either the
Letter of Bid or the Bid-Securing Declaration (if applicable) is not signed,
the Bid shall be rejected.
22.3 A Bid submitted by a Joint Venture shall be signed so as to be legally

binding on all partners.
22.4 Any amendments such as interlineations, erasures, or overwriting shall be

valid only if they are signed or initialed by the person signing the Bid.
D. Submission and Opening of Bids
23. Submission, 23.1 Bidders shall submit their Bids as specified in the BDS. Procedures for
Sealing and submission, sealing, and marking are as follows:
Marking of Bids
(a) Bidders submitting Bids by mail or by hand shall enclose the original
and each copy of the Bid, including alternative Bids, if permitted in
accordance with ITB 13, in separate sealed envelopes, duly marking
the envelopes as “ORIGINAL”, “ALTERNATIVE,” and “COPY.” These
envelopes containing the original and the copies shall then be enclosed
in one single envelope. The rest of the procedure shall be in
accordance with ITB 23.2 and ITB 23.3.
(b) Bidders submitting Bids electronically shall follow the electronic bid
submission procedures specified in the BDS.
23.2 The inner and outer envelopes shall

(a) bear the name and address of the Bidder,
(b) be addressed to the Employer in accordance with ITB 24.1,
(c) bear the specific identification of this bidding process indicated in the
BDS 1.1, and
(d) bear a warning not to open before the time and date for bid opening.
23.3 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of the
Bid.
24. Deadline for 24.1 Bids must be received by the Employer at the address and no later than the
Submission of date and time indicated in the BDS.
Bids
24.2 The Employer may, at its discretion, extend the deadline for the submission of
bids by amending the Bidding Document in accordance with ITB 8, in which
case all rights and obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as extended.
25. Late Bids 25.1 The Employer shall not consider any Bid that arrives after the deadline for
submission of Bids, in accordance with ITB 24. Any Bid received by the
Employer after the deadline for submission of Bids shall be declared late,
rejected, and returned unopened to the Bidder.
19
26. Withdrawal, 26.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted
Substitution, by sending a written notice, duly signed by an authorized representative, and
and Modification shall include a copy of the authorization in accordance with ITB 22.2 (except
of Bids for withdrawal notices, which do not require copies). The corresponding
substitution or modification of the Bid must accompany the respective written
notice. All notices must be:
(a) prepared and submitted in accordance with ITB 22 and ITB 23 (except
for withdrawal notices, which do not require copies), and in addition,
the respective envelopes shall be clearly marked “WITHDRAWAL,”
“SUBSTITUTION,” “MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed for
submission of Bids, in accordance with ITB 24.
26.2 Bids requested to be withdrawn in accordance with ITB 26.1 shall be returned
unopened to the Bidders.
26.3 No Bid may be withdrawn, substituted, or modified in the interval between the
deadline for submission of Bids and the expiration of the period of bid validity
specified by the Bidder on the Letter of Bid or any extension thereof.
27. Bid Opening 27.1 The Employer shall open the Bids in public at the address, on the date, and
time specified in the BDS in the presence of Bidders` designated
representatives and anyone who choose to attend. Any specific electronic
bid opening procedures required if electronic bidding is permitted in
accordance with ITB 23.1, shall be as specified in the BDS.
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and
the envelope with the corresponding Bid shall not be opened, but returned to
the Bidder. No bid withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the withdrawal and
is read out at bid opening. Next, envelopes marked “SUBSTITUTION” shall
be opened and read out and exchanged with the corresponding Bid being
substituted. The substituted Bid shall not be opened, but returned to the
Bidder. No bid substitution shall be permitted unless the corresponding
substitution notice contains a valid authorization to request the substitution and
is read out at bid opening. Envelopes marked “MODIFICATION” shall be
opened and read out with the corresponding Bid. No bid modification shall be
permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at bid opening. Only
envelopes that are opened and read out at bid opening shall be considered
further.
27.3 All other envelopes shall be opened one at a time, reading out the name of the
Bidder and whether there is a modification; the Bid Price(s), including any
discounts and alternative Bids; the presence of a bid security, or a Bid-
Securing Declaration, if required; and any other details as the Employer may
consider appropriate. Only discounts and alternative Bids read out at bid
opening shall be considered for evaluation. Unless otherwise specified in the
BDS, all pages of the Letter of Bid and Price Schedules are to be initialed by
at least three representatives of the Employer attending the bid opening. No
Bid shall be rejected at bid opening except for late Bids, in accordance with
ITB 25.1.
20
27.4 The Employer shall prepare a record of the bid opening that shall include, as
a minimum: the name of the Bidder and whether there is a withdrawal,
substitution, or modification; the Bid Price, per lot if applicable, including any
discounts and alternative Bids; and the presence or absence of a bid security
or a Bid-Securing Declaration, if one was required. The Bidders’
representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the contents
and effect of the record. A copy of the record shall be distributed to all Bidders
who submitted Bids on time, and posted online when electronic bidding is
permitted.
E. Evaluation and Comparison of Bids
28. Confidentiality 28.1 Information relating to the evaluation of Bids and recommendation of contract
award shall not be disclosed to Bidders or any other persons not officially
concerned with such process until the publication of Contract award.
28.2 Any attempt by a Bidder to influence the Employer in the evaluation of the Bids
or Contract award decisions may result in the rejection of its Bid.
28.3 Notwithstanding ITB 28.2, from the time of bid opening to the time of Contract
award, if any Bidder wishes to contact the Employer on any matter related to
the bidding process, it should do so in writing.
29. Clarification of 29.1 To assist in the examination, evaluation, and comparison of the Bids, and
Bids qualification of the Bidders, the Employer may, at its discretion, ask any Bidder
for a clarification of its Bid. Any clarification submitted by a Bidder that is not
in response to a request by the Employer shall not be considered. The
Employer’s request for clarification and the response shall be in writing. No
change in the prices or substance of the Bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic errors discovered by
the Employer in the evaluation of the Bids, in accordance with ITB 33.
29.2 If a Bidder does not provide clarifications of its Bid by the date and time set in
the Employer’s request for clarification, its Bid may be rejected.
30. Deviations, 30.1 During the evaluation of Bids, the following definitions apply:
Reservations,
and Omissions (a) “Deviation” is a departure from the requirements specified in the
Bidding Document;
(b) “Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirements specified in the Bidding
Document; and
(c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document.
31. Determination of 31.1 The Employer’s determination of a bid’s responsiveness is to be based on the
Responsiveness contents of the Bid itself, as defined in ITB11.
31.2 A substantially responsive Bid is one that meets the requirements of the
Bidding Document without material deviation, reservation, or omission. A
material deviation, reservation, or omission is one that,
21
(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or performance of
the plant and services specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employer’s rights or the Bidder’s obligations under
the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other
Bidders presenting substantially responsive Bids.
31.3 The Employer shall examine the technical aspects of the Bid submitted in
accordance with ITB 17, Technical Proposal, in particular, to confirm that all
requirements of Section 6 (Employer’s Requirements) have been met without
any material deviation, reservation, or omission.
31.4 If a Bid is not substantially responsive to the requirements of the Bidding

Document, it shall be rejected by the Employer and may not subsequently be
made responsive by correction of the material deviation, reservation, or
omission.
32. Nonmaterial 32.1 Provided that a Bid is substantially responsive, the Employer may waive any
Nonconformities nonconformities in the Bid that do not constitute a material deviation,
reservation, or omission.
32.2 Provided that a Bid is substantially responsive, the Employer may request that
the Bidder submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial nonconformities in the Bid
related to documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to any aspect of
the price of the Bid. Failure of the Bidder to comply with the request may result
in the rejection of its Bid.
32.3 Provided that a bid is substantially responsive, the Employer shall rectify
quantifiable nonmaterial nonconformities related to the Bid Price. To this effect,
the Bid Price shall be adjusted, for comparison purposes only, to reflect the
price of a missing or nonconforming item or component. The adjustment shall
be made using the method indicated in Section 3 (Evaluation and Qualification
Criteria).
33. Correction of 33.1 Provided that the Bid is substantially responsive, the Employer shall correct
Arithmetical arithmetical errors on the following basis:
Errors
(a) where there are errors between the total of the amounts given under
the column for the price breakdown and the amount given under the
Total Price, the amounts given under the column for the price
breakdown shall prevail and the Total Price will be corrected
accordingly;
(b) where there are errors between the total of the amounts of Schedule
Nos. 1 to 4 and the amount given in Schedule No. 5 (Grand Summary),
the total of the amounts of Schedule Nos. 1 to 4 shall prevail and the
Schedule No. 5 (Grand Summary) will be corrected accordingly;
22
(c) if there is a discrepancy between the grand total price given in

Schedule No. 5 (Grand Summary) and the bid amount in item (c) of the
Letter of Bid, the grand total price given in Schedule No. 5 (Grand
Summary) will prevail and the bid amount in item (c) of the Letter of
Bid will be corrected; and
(d) if there is a discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is related to
an arithmetical error, in which case the amount in figures shall prevail
subject to (a), (b), and (c) above.
33.2 If the Bidder that submitted the lowest evaluated Bid does not accept the
correction of errors, its Bid shall be disqualified and its bid security may be
forfeited, or its Bid-Securing Declaration executed.
34. Conversion to 34.1 For evaluation and comparison purposes, the currency(ies) of the Bid shall be
Single Currency converted into a single currency as specified in the BDS.
35. Domestic
35.1 Unless otherwise specified in the BDS, domestic preference shall not apply.
Preference
36. Evaluation and 36.1 The Employer shall use the criteria and methodologies indicated in this clause.
Comparison of No other evaluation criteria or methodologies shall be permitted.
Bids
36.2 Technical Evaluation

The Employer will carry out a detailed technical evaluation of the Bids not
previously rejected as being substantially nonresponsive, to determine
whether the technical aspects are in compliance with the Bidding
Document. The Bid that does not meet required minimum acceptable
standards of completeness, consistency and detail, and the specified
minimum and/or maximum requirements for specified functional guarantees
will be treated as nonresponsive and hence rejected. To reach such a
determination, the Employer 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:
(a) overall completeness and compliance with the Employer’s
Requirements; deviations from the Employer’s Requirements;
conformity of the plant and services offered with specified performance
criteria; suitability of the plant and services 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 and/or maximum acceptable
standards of completeness, consistency and detail will be rejected for
nonresponsiveness;
(b) type, quantity, and long-term availability of mandatory and
recommended spare parts and maintenance services; and
(c) other relevant factors, if any, listed in Section 3 (Evaluation and
36.3 Where alternative technical solutions have been allowed in accordance with
ITB 13, and offered by the Bidder, the Employer will make a similar evaluation
23
of the alternatives. Where alternatives have not been allowed but have been
offered, they shall be ignored.
36.4 Economic Evaluation

I. To evaluate a Bid, the Employer shall consider the following:
(a) the bid price, excluding provisional sums and the provision, if any, for
contingencies in the Price Schedules;
(b) price adjustment for correction of arithmetical errors in accordance with
ITB 33.1;
(c) price adjustment due to discounts offered in accordance with ITB 18.7;
(d) price adjustment due to quantifiable nonmaterial nonconformities in
accordance with ITB 32.3;
(e) converting the amount resulting from applying (a) to (c) above, if
relevant, to a single currency in accordance with ITB 34;
(f) assessment whether the bid is abnormally low in accordance with ITB
37; and
(g) the evaluation factors indicated in Section 3 (Evaluation and
II. The Employer’s evaluation of a Bid will exclude and not take into account:
(a) in the case of Plant and Mandatory Spare Parts (Schedule No. 1)
supplied from abroad, all taxes and duties, applicable in the Employer’s
country and payable on the Plant and Mandatory Spare Parts if the
Contract is awarded to the Bidder; and
(b) in the case of Plant and Mandatory Spare Parts (Schedule No. 2)
supplied from within the Employer’s country, sales and other taxes,
applicable in the Employer’s country and payable on the Plant and
Mandatory Spare Parts if the Contract is awarded to the Bidder.
36.5 If price adjustment is allowed in accordance with ITB 18.6, the estimated effect
of the price adjustment provisions of the Conditions of Contract, applied over
the period of execution of the Contract, shall not be taken into account in bid
evaluation.
36.6 If this Bidding Document allows Bidders to quote separate prices for different
lots (contracts), and the award to a single Bidder of multiple lots (contracts),
the methodology to determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter of Bid, is specified
in Section 3 (Evaluation and Qualification Criteria).
36.7 If the Bid, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded in the opinion of the Employer, the Employer may
require the Bidder to produce detailed price analyses for any or all items of the
Price Schedules, to demonstrate the internal consistency of those prices with
the methods and time schedule proposed. After evaluation of the price
analyses, taking into consideration the terms of payments, the Employer may
require that the amount of the performance security be increased at the
expense of the Bidder to a level sufficient to protect the Employer against
24
financial loss in the event of default of the successful Bidder under the
Contract.
36.8 The Employer shall compare all substantially responsive Bids to determine the
lowest evaluated Bid, in accordance with ITB 36.4.
37. Abnormally Low 37.1 An abnormally low bid is one where the bid price, in combination with other
Bids elements of the bid, appears to be so low that it raises concerns as to the
capability of the Bidder to perform the contract for the offered bid price.
37.2 When the offered bid price appears to be abnormally low, the Employer shall
undertake a three-step review process as follows:
(a) identify abnormally low costs and unit rates by comparing them with the
engineer’s estimates, other substantially responsive bids, or recently
awarded similar contracts;
(b) clarify and analyze the bidder’s resource inputs and pricing, including
overheads, contingencies and profit margins; and
(c) decide whether to accept or reject the bid.
37.3 With regard to ITB 37.2 (b) above, the Employer will seek a written explanation
from the bidder of the reasons for the offered bid price, including a detailed
analysis of costs and unit prices, by reference to the scope, proposed
methodology, schedule, and allocation of risks and responsibilities. This may
also include information regarding the economy of the manufacturing process;
the services to be provided, or the construction method to be used; the technical
solutions to be adopted; and any exceptionally favorable conditions available to
the bidder for the works, equipment or services proposed.
37.4 After examining the explanation given and the detailed price analyses presented
by the bidder, the Employer may:
(a) accept the bid, if the evidence provided satisfactorily accounts for the
low bid price and costs, in which case the bid is not considered
abnormally low;
(b) accept the bid, but require that the amount of the performance security
be increased at the expense of the bidder to a level sufficient to protect
the Employer against financial loss. The amount of the performance
security shall generally be not more than 20% of the contract price; or
(c) reject the bid if the evidence provided does not satisfactorily account for
the low bid price, and make a similar determination for the next ranked
bid, if required.
38. Eligibility and 38.1 The Employer shall determine to its satisfaction whether the Bidder that is
Qualification of selected as having submitted the lowest evaluated and substantially
the Bidder responsive Bid is eligible and meets the qualifying criteria specified in Section
3 (Evaluation and Qualification Criteria).
38.2 The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB
15. Unless permitted in the BDS, the determination shall not take into
25
consideration the qualifications of other firms such as the Bidder’s subsidiaries,

parent entities, or affiliates.
38.3 An affirmative determination shall be a prerequisite for award of the Contract

to the Bidder. The Employer reserves the right to reject the bid of any bidder
found to be in circumstances described in GCC 42.2.1(a). A negative
determination shall result in disqualification of the Bid, in which event the
Employer shall proceed to the next lowest evaluated Bid to make a similar
determination of that Bidder’s qualifications to perform satisfactorily.
38.4 The capabilities of the manufacturers and subcontractors proposed in its

Bid for the major items of plant and services to be used by the lowest
evaluated Bidder will also be evaluated for acceptability in accordance with
Section 3 (Evaluation and Qualification Criteria). Their participation should
be confirmed with a letter of intent between the parties, as needed. Should
a manufacturer or subcontractor be determined to be unacceptable, the Bid
will not be rejected, but the Bidder will be required to propose, without
changing its bid price, an acceptable substitute manufacturer or
subcontractor meeting the minimum technical specifications stated in
Section 6 (Employer’s Requirements). If a Bidder does not provide an
acceptable substitute manufacturer or subcontractor by the date and time
set in the Employerʼs request for substitution of manufacturer or
subcontractor, its Bid may be rejected.
38.5 Prior to signing the Contract, the corresponding Appendix to the Contract
Agreement shall be completed, listing the approved manufacturers or
subcontractors for each item concerned.
39. Employer’s 39.1 The Employer reserves the right to accept or reject any Bid, and to annul the
Right to Accept bidding process and reject all Bids at any time prior to contract award, without
Any Bid, and to thereby incurring any liability to Bidders. In case of annulment, all Bids
Reject Any or All submitted and specifically, bid securities, shall be promptly returned to the
Bids Bidders.
40. Notice of 40.1 If Standstill provisions apply as specified in the BDS, the standstill period
Intention for shall be defined in the BDS to specify the duration subsequent to
Award of notification of intention for award of contract (before making the actual
Contract contract award) within which any unsuccessful bidder can challenge the
proposed award.
F. Award of Contract
41. Award Criteria 41.1 The Employer shall award the Contract to the Bidder whose offer has been
determined successful in line with ITB 36 and ITB 37 above to be the lowest
evaluated Bid and is substantially responsive to the Bidding Document,
provided further that the Bidder is determined to be eligible and qualified to
perform the Contract satisfactorily.
42. Notification of 42.1 Prior to the expiration of the period of bid validity and upon expiry of the
Award standstill period specified in ITB 41.1, or upon satisfactory resolution of a
complaint filed within standstill period, if applicable, the Employer shall
transmit the Notification of Award through issuance of Letter of Acceptance
using the form included in Section 9 (Contract Forms) to the successful
26
Bidder, in writing, that its Bid has been accepted. At the same time, the
Employer shall also notify all other Bidders of the results of the bidding.
42.2 Unless standstill period applies, upon notification of award through

issuance of Letter of Acceptance, unsuccessful Bidders may request in
writing to the Employer for a debriefing seeking explanations on the
grounds on which their Bids were not selected. The Employer shall
promptly respond in writing and/or in a debriefing meeting to any
unsuccessful Bidder who, after publication of contract award, requests a
debriefing.
42.3 Until a formal contract is prepared and executed, the notification of award
through issuance of Letter of Acceptance shall constitute a binding
Contract.
42.4 Within 2 weeks of the award of contract or expiry of the standstill period,
where such period applies, or, if a complaint has been filed within the
standstill period, upon receipt of ADB’s confirmation of satisfactory
resolution of the complaint, the borrower shall publish in an English
language newspaper or widely known and freely accessible website the
results identifying the bid and lot or package numbers, as applicable and
the following information:
(a) name of each Bidder who submitted a Bid;
(b) bid prices as read out at bid opening;
(c) name and evaluated prices of each bid that was evaluated;
(d) name of Bidders whose Bids were rejected and the reasons for their
rejection; and
(e) name of the winning Bidder, and the price it offered, as well as the
duration and summary scope of the contract awarded.
43. Signing of 43.1 Promptly after notification, the Employer shall send the successful Bidder the
Contract Contract Agreement.
43.2 Within 28 days of receipt of the Contract Agreement, the successful Bidder
shall sign, date, and return it to the Employer.
44. Performance 44.1 Within 28 days of the receipt of notification of award through issuance of Letter
Security of Acceptance from the Employer, the successful Bidder shall furnish the
performance security in accordance with the Conditions of Contract, subject to
ITB 36.7 and ITB 37, using for that purpose the Performance Security Form
included in Section 9 (Contract Forms), or another form acceptable to the
Employer. If the bank issuing performance security is located outside the
Employer’s country, it shall be counter-guaranteed or encashable by a bank in
the Employer’s country.
44.2 Failure of the successful Bidder to submit the abovementioned
performance security or sign the Contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the bid security or
execution of the Bid-Securing Declaration. In that event, the Employer may
award the Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be qualified
to perform the Contract satisfactorily.
27
45. Bidding-Related 45.1 The procedures for dealing with Bidding-Related Complaints arising out of this
Complaints bidding process are specified in the BDS.
28
Section 2: Bid Data Sheet 2-1
Section 2: Bid Data Sheet

This section consists of provisions that are specific to each procurement and supplement the information
or requirements included in Section 1 (Instructions to Bidders).
A. General
ITB 1.1 The number of the Invitation for Bids (IFB) is: CESL/06/2023-24/OCB-Solar
Carports/232408003
The Employer is: Convergence Energy Services Ltd (CESL)
The name of the open competitive bidding (OCB) is: Design, Engineering,
Supply, Civil work, Erection of suitable raised structure, Installation, Testing
& Commissioning of the 25/50 kWp Bi-facial Vertical Solar PV along with
Battery Energy Storage System of 100/200 kWh with EV Chargers project
including Operation and Comprehensive Maintenance (O&M).
The identification number of the OCB is: CESL/06/2023-24/OCB-Solar

Carports/232408003
The number and identification of lots (contracts) comprising this OCB is: Two Lots
ITB 2.1 The Borrower is: Government of India
The name of the Project is: Scaling up Demand – Side Energy Efficiency Sector
Project
Grant No.: 9874-IND
B. Contents of Bidding Document
ITB 7.1 For the purpose of obtaining contractual clarification, the Employer’s address is:
Sh. Ashim Bhattacharya,

Chief General Manager (Contracts)
Telephone:+ 9111-42259600;
E-mail address: [email protected]
For the purpose of obtaining technical clarification, the Employer’s address is:
Mr. Amit Sood (Head-Commercial)

29
2-2 Section 2: Bid Data Sheet

Telephone:+9111-42259600
Email-Id: [email protected]
ITB 7.4 A Pre-Bid meeting will take place as per date, time and place are as follows:
Date: 25.09.2023
Time: 11:00 Hours IST
Place: Convergence Energy Services Limited
Telephone: +011-42259600;
e-mail: [email protected],
Note: The pre-bid meeting shall be conducted online, for which requisite link shall
be provided one day prior to the meeting. However, those Bidders who wish to
attend physically, may do so by reaching the aforementioned address at stipulated
date and time. A site visit conducted by the Employer will not be organized.
C. Preparation of Bids
ITB 10.1 The language of the Bid is: English
ITB 11.1 (k) The Bidder shall submit with its bid the following additional documents:
(i) Demand Draft (DD) towards Bidding Document fee of the amount. Specified in
the BDS
ii)Bid Security (in Original) in accordance with clause 21 of BDS, Section-2 (the
format is attached as Attachment-2, Section-4: Bidding Forms),
iii) Any other document further specified in the BDS.
ITB 12.1 The units and rates in figures entered into the Price Schedules should be
typewritten or if written by hand, must be in print form. Price Schedules not
presented accordingly may be considered non-responsive.
ITB 13.1 Alternative bids are not permitted.
ITB 13.2 Alternatives to the Time Schedule are not permitted.
30
ITB 13.4 Alternative technical solutions are not permitted for the following parts of the plant
and services:
ITB 16.1 (b) The period following completion of plant and services in accordance with provisions
of the contract shall be 540 days
ITB 18.1
Bidders shall quote for the entire plant and services on a single responsibility basis.
ITB 18.4(a)(i) The Incoterm for quoting plant to be supplied from abroad is: INCO Terms 2020
Edition
ITB 18.6 The prices quoted by the Bidder shall be fixed and not subject to adjustment
ITB 19.1 The currencies of the Bid shall be as follows:
(a) The prices shall be quoted either in INR or in USD.
(b) A Bidder expecting to incur a portion of its expenditures in the performance

of the Contract in more than one currency, and wishing to be paid accordingly,
shall so indicate in the Schedule of Prices and the Letter of Bid.
(c) If some of the contract expenditures related to Design, Installation and Other
Services are to be incurred in the Employerʼs country, such expenditures shall
be quoted in either foreign and/or local currency, depending upon the
currency in which the costs are to be incurred.
(d) Bidders may be required by the Employer to clarify their local and foreign
currency requirements, and to substantiate that the amounts included in the
Price Schedules are reasonable and responsive to ITB 18.1 in which case a
detailed breakdown of its foreign currency requirements shall be provided by
the Bidder.
(e) During the performance of the contract, the foreign currency portions of the
outstanding balance of the Contract Price may be adjusted by agreement
between the Employer and the Contractor to reflect any changes in foreign
currency requirements for the contract. Any such adjustment shall be effected
by comparing the amounts quoted in the bid with the amounts already used
in the Facilities and the Contractor’s future needs for imported items.
ITB 20.1 The bid validity period shall be 180 days.
ITB 21.1 The Bidder shall furnish a bid security in the amount indicated below:
Lot 1: INR 500,000 or USD 6300
Lot 2: INR 500,000 or USD 6300
A Bid-Securing Declaration in lieu of Bid Security is not acceptable.
31
If bidder opts bid of both the lots (1&2), the EMD requirement for the bidder
would be the cumulative EMD requirement for both the lots.
ITB 21.2 The ineligibility period will be 24 months
ITB 21.4 Subject to the succeeding sentences, any bid not accompanied by an irrevocable
and callable bid security shall be rejected by the Employer as nonresponsive. If a
Bidder submits a bid security that (i) deviates in form, amount, and/or period of
validity, or (ii) does not provide sufficient identification of the Bidder (including,
without limitation, failure to indicate the name of the Joint Venture or, where the
Joint Venture has not yet been constituted, the names of all future Joint Venture
Partners), the Employer shall request the Bidder to submit a compliant bid security
within 7 days of receiving such a request. Failure to provide a compliant bid security
within the prescribed period of receiving such a request shall cause the rejection of
the Bid.
ITB 22.1 Not applicable to electronic procurement
ITB 22.2 Replace the existing clause by the following:
The bid shall be signed digitally by a person duly authorized to sign on behalf of
the Bidder. This authorization shall consist of a written power of attorney
accompanying the bid and shall be uploaded along with the bid. The name and
position held by each person signing the authorization must be typed or printed
below the signature
If a bidder submits a deficient authorization, the Bid shall not be rejected in the first
instance. The Purchaser shall request the Bidder to submit an acceptable
authorization within 7 days. Failure to provide an acceptable authorization within
the period stated in the Employer’s request shall cause the rejection of the Bid. If
either the Bid Submission Sheet or the Bid-Securing Declaration (if applicable) is
not signed, the Bid shall be rejected.
ITB 22.2 The Bidder shall submit an acceptable authorization within 7 days.
D. Submission and Opening of Bids
ITB 23.1 Bidders shall submit their Bids electronically.

a) Bidders shall submit Bids only electronically through the e-Tendering
platform https://cesl.eproc.in
b) Hard Copy submission of Bids is not permitted and shall not be accepted.
c) Bidders should enroll online in the e-Tendering platform
d) Bidders shall obtain a Digital Signature Certificate (DSC) as prescribed in
the e-Tendering platform to complete online enrolment and bid submission.
e) The Bidder is advised to submit its bid online in the e- Tendering platform
well in advance before the prescribed time.
Bids submitted online in the e-Tendering platform shall be considered as the

original of the bid.
32
ITB 23.1 (b) Electronic bidding submission procedures shall be as follows:
a) The Bidder shall digitally sign and submit its bid online in the e-Tendering
platform well in advance before the prescribed time. The Employer shall not accept
bids submitted in manual form.
b) The Bidder shall take due precaution to upload bid documents including the price
bid document onto the envelopes defined in the e-Tendering platform.
c) ‘e-Tendering’ means submission of a digitally signed bid (by a valid digital

certificate which has been issued by a licensed Certifying Agency (as approved by
Controller of Certifying Agency) which is stored in Time Stamped electronic sealed
tender box.
d) Bidder seeking to participate in the bidding process, shall have to procure a

suitable class of Digital Certificate as per Information Technology Act, 2000 and
accepted by the e-Tendering platform using which it shall digitally sign and submit
its electronic bids online. Bidder can procure the same from any CCA approved
Certifying Authority.
e) Online bids will have to be digitally signed and submitted in a Time stamped
electronic sealed tender folder on https://cesl.eproc.in
f) Bidders shall take due care to ensure that the documents uploaded by them in
the e-Procurement platform are virus free. Employer shall not be liable for such
rejections.
g)The downloaded Bid forms shall be typed or written in indelible ink and shall be
signed by a person duly authorized to sign on behalf of Bidder.
h)Bidder is required to download the bidding forms, print the forms, fill them, scan
them and upload in the portal. The information on eligibility and qualification
provided in the bidding forms only will be considered. Bidder will also provide
reference of supporting documents provided in its support in the bidding forms.
i) Employer shall not accept any responsibility for failures or breakdowns for
systems other than in those systems strictly within the control of the Employer and
its e-Tendering service provider.
j)The onus is on the Bidder to ensure availability of the requisite infrastructure and
systems required for online bid submission viz. Digital Signature Certificates and
as applicable Digital Encryption Certificates required for bid submission in the e-
Tendering platform, reliable internet connectivity and requisite client software.
k) Bidder is required to get acquainted with the bid submission process in e-

Tendering platform by contacting the e-Tendering service provider. Refer
https://cesl.eproc.in for further details and guidance.
l) Bidder is solely responsible for safe keeping of its Digital Signature Certificate
(DSC) and as applicable Digital Encryption Certificate (DEC).
m)The Employer reserves the right to verify original copies of scanned documents
uploaded by bidders. The employer may seek additional documentary evidence on
their technical proposals, which the bidder shall provide either online via the e-
Tendering platform or in manual form.
n)Bidders shall upload their bid documents in formats, which can be opened and
read by open standard interfaces
33
o) Bidders shall not lock electronic files uploaded in their proposal with passwords
of their choice. The Employer reserves the right to reject password locked files
outright and not consider contents within such locked files for bid evaluation
ITB 23.3 Not Applicable
ITB 24.1 Replace ITB24.1with the following:

Bidder shall submit its bid before expiry of the date and time for bid submission as
specified in the e-Tendering platform. The system will automatically lock the tender
as per the server clock. The Time followed in the portal is ordinarily as per Indian
Standard Time (IST) which is GMT+5:30 hours. Bid opening date specified in the
e-Tendering platform shall be taken as the final date.
Bid submission and bid opening timelines will be defined as per line e-Tendering
system server clock only.
The original bid security and tender document / tender processing fee is to be
submitted so as to reach the address at ITB 7.1 above by 14:30 hrs on
19.10.2023 i.e. 30 minutes before the bid opening time given below:
The deadline for bid submission is
Date: 19.10.2023
Time: 14:30 Hrs. (IST)
Bid Opening Time is
Date: 19.10.2023
Time: 15:00 Hrs. (IST)
34
ITB Replace the existing clauses by the following:

27.1,27.2,27.3
& 27.4 27.1 The Employer shall conduct the bid opening in public, in the presence of
Bidders` designated representatives (up to 2 persons) who choose to attend,
and at the address, date and time below. Bidders can also view the bid
opening by logging on to the e-procurement portal. Bid opening date
specified in the e-Procurement portal/site shall be taken as the due date.
The Employer reserves the right to open bids received in response to a
tender on or after the bid opening date and time specified in the e-
Procurement portal/site: https://cesl.eproc.in
The bid opening shall take place at:

Telephone: +011-42259600
Date: 19.10.2023
*Time: 15:00 hrs. (IST)
* bid opening timelines will be defined as per the e-Procurement server clock
only
The technical bids recorded and opened at the time of opening shall be
considered for evaluation.
The Price Bids will remain unopened in the e-procurement website and will
remain encrypted, until the specified time of its opening.
27.2 The withdrawn bid will not be available in the system. Only the last modified
bid shall be available in the system which shall be opened along with other
bids. Only bids that are opened at bid opening shall be considered further.
27.3 All other Bids, the bidders’ names and any such other details as the
Employer may consider appropriate, will be available through the portal as
per electronic form filled in by the bidder, and will become viewable at the
time of opening of bids. The Employer shall neither discuss the merits of any
bid nor reject any bid (except for late bids, in accordance with ITB 25.1).
However, opening of bid, whether or not accompanied with the Bidding

Document Fee and/or bid security, shall not be construed to imply its
acceptability which shall be examined in detail pursuant to the provisions
contained in this Bid Document. The Letter of Bid and Price Schedules shall
be initialed by 3 representatives of the Employer attending the Bid opening
27.4 The Employer shall prepare a record of the bid opening that shall include, as
a minimum: the name of the Bidder and whether there is a withdrawal,
substitution, or modification; the Bid Price, per lot if applicable, including any
discounts and alternative Bids; and the presence or absence of a bid security
or a Bid-Securing Declaration, if one was required. The Bidders’
representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the
contents and effect of the record. A copy of the record shall be distributed
35
to all Bidders who submitted Bids on time, and posted online when electronic
bidding is permitted.
The Employer will notify Bidders in writing who have been rejected on the
grounds of their Technical Bids being substantially non-responsive to the
requirements of the Bidding Document.
E. Evaluation and Comparison of Bids
ITB 34.1 The currency that shall be used for bid evaluation and comparison purposes to
convert all bid prices expressed in various currencies into a single currency is: INR
The source of the selling exchange rate shall be: Reference rates as published by
Financial Benchmarks India Pvt. Ltd. (FBIL).
The date for the selling exchange rate shall be: Date of Bid Opening
ITB 35.1 Domestic preference shall apply.
The application methodology will be as specified in Section 3 (Evaluation and

Qualification Criteria.
ITB 38.2 The qualifications of other firms such as the Bidder’s subsidiaries, parent entities,
or affiliates, shall not be permitted.
ITB 40.1 Standstill provisions shall not apply.
F. Award of Contract
ITB 45.1 The procedures for Bidding-Related Complaints are referenced in Appendix 7 of
the Procurement Regulations for ADB Borrowers. The Bidder should submit its
complaint following these procedures, in writing, to:
For the attention: Mr. Vishal Kapoor

Title/position: Chief Executive Officer, EESL
Employer: Convergence Energy Services Ltd
E-mail address: [email protected]
Fax number: +91(011) 45801265
ITB 46 The following clauses are added:
36
46.1 Bidders shall upload their bid documents in formats, which can be opened and
read by open standard interfaces.
46.2 Bidders shall not lock electronic files uploaded in their proposal with
passwords of their choice. The Employer reserves the right to reject password
locked files outright and not consider contents within such locked files for bid
evaluation.
46.3 In case a bidder wishes to ascertain the grounds on which its bid was declared
non-responsive, he may do so by submitting his request to the Employer. Such a
case shall be addressed as per Procurement Guidelines of ADB.
46.4 The Employer reserves the right to extend bid submission timeline if e-
Tendering server is inaccessible or inoperative for a prolonged period of time within
the last 24 hours of the bid submission due date. The Employer shall consult the e-
Tendering service provider and seek its opinion and decide to extend the bid
submission timeline in accordance with the technical explanation provided by the
e-Tendering service provider.
46.5 The Employer reserves the right to verify original copies of scanned
documents uploaded by bidders.
46.6 The Bidder shall take due care to ensure that the documents uploaded by it in
the e-Procurement system are virus free. If the documents uploaded by the Bidder
could not be opened, due to virus during tender opening, the bid is liable to be
rejected.
46.7 Only those bids marked as submitted, as acknowledged by a bid submission

reference, at the bid submission time will be considered for evaluation
37
Section 3: Evaluation and Qualification Criteria 3-1
Section 3: Evaluation and Qualification Criteria
Table of Criteria
1. Evaluation ...............................................................................................................3-2
1.1 Technical Evaluation.....................................................................................................3-2
1.2 Alternative Technical Solutions ...................................................................................3-2
1.3 Economic Evaluation ....................................................................................................3-2
1.4 Multiple Contracts .........................................................................................................3-5
2. Qualification ...........................................................................................................3-6
2.1 Eligibility ........................................................................................................................3-6

2.1.1 Nationality..............................................................................................................3-6
2.1.2 Conflict of Interest ..................................................................................................3-6
2.1.3 ADB Eligibility ........................................................................................................3-6
2.1.4 Government-Owned Enterprise ..............................................................................3-6
2.1.5 United Nations Eligibility.........................................................................................3-6
2.2 Historical Contract Nonperformance ...........................................................................3-7

2.2.1 History of Nonperforming Contracts .......................................................................3-7
2.2.2 Suspension Based on Execution of Bid-Securing Declaration.................................3-7
2.2.3 Pending Litigation and Arbitration...........................................................................3-8
2.2.4 Declaration: Environmental, Health and Safety Past Performance ………………. 3-8
2.3 Financial Situation ........................................................................................................3-9
2.3.1 Historical Financial Performance ............................................................................3-9
2.3.2 Average Annual Turnover ......................................................................................3-9
2.3.3 Financial Resources ............................................................................................3-10
2.4 Bidder's Experience ....................................................................................................3-12

2.4.1 Contracts of Similar Size and Nature ....................................................................3-12
2.4.2 Experience in Key Activities .................................................................................3-14
2.4.3 Specific Experience in Managing Environmental, Health and Safety Aspects ….3-15
2.5 Organizational Environmental, Health and Safety System …………………………… 3-16

2.5.1 Environmental, Health and Safety Certification …………………………………… 3-16
2.5.2 Environmental, Health and Safety Documentation ……………………………….. 3-16
2.5.3 Environmental, Health and Safety Dedicated Personnel ………………………… 3-17
2.6 Subcontractors............................................................................................................3-18
38
3-2 Section 3: Evaluation and Qualification Criteria
1. Evaluation
1.1 Technical Evaluation

In addition to the criteria listed in ITB 36.2 (a)–(b), other relevant factors are as follows:
Evaluation of the Bidder’s Technical Proposal will include an assessment of the Bidder’s technical
capacity to successfully implement the contract considering its proposed site organization, method
statement, mobilization, and construction schedule (to be described by the Bidder in sufficient
detail to demonstrate the adequacy of its work methods, scheduling, and material sourcing)
including the extent to which they are presented in a consistent manner and comply with
requirements stipulated in Section 6 (Employer’s Requirements) without material deviation,
reservation, or omission.
Noncompliance with equipment and personnel requirements described in Section 6 (Employer’s

Requirements) shall not normally be a ground for bid rejection and such noncompliance will be
subject to clarification during bid evaluation and rectification prior to contract award.
1.2 Alternative Technical Solutions

Technical alternatives are not permitted.
1.3 Economic Evaluation

In addition to the criteria listed in ITB 36.4 (a)–(f), other relevant factors are as follows:
NIL
1.3.1 Quantifiable Deviations and Omissions
Pursuant to ITB 32.3, the cost of all quantifiable nonmaterial nonconformities or

omissions from the contractual and commercial conditions shall be evaluated. The
Employer will make its own assessment of the cost of any nonmaterial nonconformities
and omissions for the purpose of ensuring fair comparison of Bids.
1.3.2 Time Schedule

Time to complete the plant and services from the effective date specified in Article 3 of
the Contract Agreement for determining the time for completion of- installation and
commissioning of activities is: “The overall duration on the project is 6 Months from the
date of LoA. CESL shall handover all the sites to successful bidder within 90 days from
date of LOA. The time for completion of each site is 90 days from date of site allocation.
In case of any delay, the timelines may be extended based on mutual agreement.”
1.3.3 Operation and Maintenance (O&M) Costs

Not Applicable
1.3.4 Functional Guarantees of the Facilities

Not Applicable
39
1.3.5 Work, Services, Facilities, etc., to Be Provided by the Employer

No works, services, facilities, etc. to be provided by the Employer. The Contractor to make his
own arrangements at his own cost.
1.3.6 Specific Additional Criteria
The following additional criteria will be used in the evaluation:
1.3.6.1 Environmental, Health and Safety Management Plan (EHSMP)

Bidder is required to submit an outline Environmental, Health and Safety
Management Plan in the Technical Proposal as indicated in Section 4. This may include
a brief description of the bidder’s proposed approach and activities towards fulfilling
Environmental Health and Safety obligations during implementation of the Contract. This
may include an outline of proposal towards meeting EHS requirements with respect to
various applicable policies /directives/ guidelines. The outline EHSMP submitted by
the bidder shall form the basis for preparing detailed EHSMP, that is required to be
submitted by the successful bidder. The outline EHSMP will be evaluated with respect
to responsiveness on pass / fail basis
Any bid not accompanied by the EHSMP may be rejected by the Employer as
nonresponsive. If a Bidder submits a EHSMP that is not commensurate with the risks and
impacts of the proposed works and activities in the bidding document, the Employer shall
issue a request for clarification to request for further information from the Bidder. The
Bidder must submit the requested information within 10 days of receiving such a request.
Failure to provide a satisfactory response to the request for further information within the
prescribed period of receiving such a request may cause the rejection of the Bid.
1.3.6.2 Sustainable Procurement

The following sustainable procurement technical requirements will be evaluated on
a pass/fail basis. Failure to meet any of the following requirements will result in mandatory
rejection of the bid.
i) Bidder’s agreement for obtaining necessary statutory clearances and

approvals for execution of works from the concerned statutory authorities, with
necessary assistance and authorization from the Employer. Bidder
confirmation in this respect shall be indicated in the technical proposal (method
statement).
ii) Bidder shall follow design guidelines which incorporate sustainability measures
to ensure physical stability of the carports, improve system reliability and
improve climate and disaster resilience. The bidder’s confirmation or proposals
in this respect should be reflected in the method statement.
1.3.7 Domestic Preference

Domestic preference will be granted to eligible domestically produced Plant and Equipment in
accordance with the following provisions:
(a) The preference margin shall not be applied to the whole facility but only to the eligible
domestically produced Plant and Equipment within the contract.
40
(b) Plant and Mandatory Spare Parts supplied from abroad shall be quoted CIP (Section 4
[Bidding Forms], Schedule No. 1). Plant and Mandatory Spare Parts supplied from within
the Employer’s country shall be quoted EXW (ex works, ex factory, ex warehouse, ex
showroom, or off-the-shelf, as applicable) free of sales and similar taxes (Section 4
[Bidding Forms], Schedule No. 2).
(c) All other cost components for services and works such as costs for design, local
handling, transportation, storage, installation, and commissioning shall be quoted
separately. See Section 4 (Bidding Forms), Schedule No. 3 - Design Services and
Schedule No. 4 - Installation and Other Services.
(d) In the comparison of Bids, only the CIP price component of each Bid for the Plant and
Equipment offered from outside the Employerʼs country shall be increased by 15 %
(e) No domestic preference shall be applied to any of the services or works included in the
contract.
(f) Bidders shall not be permitted or required to modify the mix of local and foreign Plant
and Equipment after bid opening.
1.4 Multiple Contracts

The works are grouped in two lots and Bidders are allowed to quote for either of both the lots.
However, pursuant to ITB 36.6, the Employer will evaluate and compare Bids on the basis of
a contract, or a combination of contracts, or as a total of contracts to arrive at the least cost
combination for the Employer by taking into account discounts offered by Bidders in case of
award of multiple contracts.
If a Bidder as defined in ITB 4.1 submits several successful (lowest evaluated substantially
responsive) bids, the evaluation will also include an assessment of the Bidder’s capacity to
meet the following aggregated requirements as presented in the bid:
 Average annual turnover,

 Financial resources,
 Equipment to be allocated, and
 Personnel to be fielded.
41
2. Qualification
2.1 Eligibility
Criteria Compliance Requirements Documents

Joint Venture
Single Submission
Requirement All Partners Each One
Entity Requirements
Combined Partner Partner
2.1.1 Nationality
Nationality in accordance with Must meet Must meet Must meet Not Forms
requirement requirement requirement applicable
ITB 4.2. ELI - 1; ELI - 2
with attachments
2.1.2 Conflict of Interest

No conflicts of interest in Must meet Must meet Must meet Not Letter of Bid
accordance with ITB 4.3.
2.1.3 ADB Eligibility

Not having been declared Must meet Must meet Must meet Not Letter of Bid
ineligible by ADB, as described
in ITB 4.4.
2.1.4 Government-Owned Enterprise

Bidder required to meet Must meet Must meet Must meet Not Forms
requirement requirement requirement applicable ELI - 1; ELI - 2
conditions of ITB 4.5.
with attachments
2.1.5 United Nations Eligibility

Not having been excluded by an Must meet Must meet Must meet Not Letter of Bid
act of compliance with a United requirement requirement requirement applicable
Nations Security Council
resolution in accordance with
ITB 4.8.
42
2.2 Historical Contract Nonperformance
2.2.1 History of Nonperforming Contracts

Joint Venture
Single Submission
Entity Requirements
Non-performance of a contracta Must meet Must meet Must meet Not Form CON-1
did not occur as a result of requirement requirement requirementb applicable
contractor default since 1
January 2018
a
Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the
contractor, including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that
were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Employers decision
was overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled disputes
or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the
respective contract and where all appeal instances available to the Bidder have been exhausted.
b
This requirement also applies to contracts executed by the Bidder as Joint Venture partner.
2.2.2 Suspension Based on Execution of Bid-Securing Declaration

Joint Venture
Single Submission
Entity Requirements
Not under suspension based on Must meet Must meet Must meet Not Letter of Bid
execution of a Bid Securing requirement requirement requirement applicable
Declaration pursuant to ITB 4.6.
43
2.2.3 Pending Litigation and Arbitration
Pending litigation and arbitration criterion shall apply.
Joint Venture
All Partners Each One Submission

Requirement Single Combined Partner Partner Requirements
Entity
All pending litigation, arbitration or Must meet Not Must meet Not Form CON – 1
requirement applicable requirement applicable
other material events impacting
the net worth and/or liquidity of
the bidder, if any, shall be
treated as resolved against the
Bidder and so shall in total not
represent more than 50 percent
of the Bidder’s net worth
calculated as the difference
between total assets and total
liabilities.
2.2.4 Declaration: Environmental, and Health and Safety Past Performance
Criteria Compliance Requirements Submission

Requirements
Requirement Single All Partners Each One
Entity Combined Partner Partner
Declare any contracts that have Must make the Not Each partner Not Form CON-2
declaration. If the applicable must make applicable
been suspended or terminated bidder proposes the
and/or performance security Specialist Sub- declaration. If
called by an employer for contractor/s to the bidder
reasons related to the non- meet EQC 2.4.2, proposes
those Specialist Specialist
compliance of any
Sub-contractor/s Sub-
environmental, health and must also make contractor/s to
safety contractual obligations in the declaration meet EQC
the past five years. 2.4.2, those
Specialist
Sub-
contractor/s
must also
make the
declaration.
44
2.3 Financial Situation
2.3.1 Historical Financial Performance

Joint Venture
Single Submission
Entity Requirements
Submission of audited financial Must meet Not Must meet Not Form FIN - 1 with
requirement applicable requirement applicable attachments
statements or, if not required by
the law of the Bidder’s country,
other financial statements
acceptable to the Employer, for
the last 3 years to demonstrate
the current soundness of the
Bidder’s financial position. As a
minimum, the Bidder’s net worth
for the last year calculated as the
difference between total assets
and total liabilities should be
positive.
2.3.2 Average Annual Turnover – For Lot 1 and Lot 2 respectively.

Joint Venture
Single Submission
Entity Requirements
Minimum average annual Must meet Must meet Must meet Must meet Form FIN - 2
requirement requirement
turnover (MAAT) of INR 7 crore 25% 50%
or USD 875,000 calculated as of the of the
total certified payments received requirement requirement
for contracts in progress or
completed, within the last 3 years
for each lot.
If a bidder bids for both the Lots

(1&2), and is evaluated as the
lowest substantively responsive
bidder for both the lots, then the
MAAT requirement for the bidder
would be the cumulative MAAT
requirement for both the lots.
45
2.3.3 Financial Resources – For Lot 1 as well as 2 respectively
If the bid evaluation process and the decision for the award of the Contract takes more than 1 year from the
date of bid submission, Bidders may be asked to resubmit their current contract commitments and latest
information on financial resources supported by latest audited accounts or audited financial statements, or
if not required by the law of the Bidder’s country, other financial statements acceptable to the Employer,
and the Bidders’ financial capacity, will be reassessed on this basis.

Joint Venture
Single Submission
Entity Requirements
For Single Entities: Must meet Not Not Not Form FIN – 3 and
requirement applicable applicable applicable Form FIN - 4
The Bidder must demonstrate that its
financial resources defined in FIN - 3,
less its financial obligations for its
current contract commitments
defined in FIN - 4, meet or exceed
the total requirement for the Subject
Contract of INR 2.40 crore or USD
300,000 only.
For Joint Ventures: Not Not Not Must meet Form FIN – 3 and
applicable applicable applicable requirement Form FIN - 4
(1) One partner must demonstrate
that its financial resources
defined in FIN - 3, less its
financial obligations for its own
defined in FIN - 4, meet or
exceed its required share of
50% from the total requirement
for the Subject Contract.
AND
(2) Each partner must demonstrate Not Not Must meet Not Form FIN – 3 and
applicable applicable requirement applicable Form FIN - 4
that its financial resources
defined in FIN - 3, less its
financial obligations for its own
defined in FIN - 4, meet or
exceed its required share of
25% from the total requirement
for the Subject Contract.
AND
46
(3) The joint venture must Not Must meet Not Not Form FIN – 3 and
applicable requirement applicable applicable Form FIN - 4
demonstrate that the combined
financial resources of all
partners defined in FIN - 3, less
all the partners’ total financial
obligations for the current
contract commitments defined
in FIN - 4, meet or exceed the
total requirement for the Subject
Contract of INR 2.35 crore or
USD 300,000 only
47
2.4 Bidder’s Experience

2.4.1 Contracts of Similar Size and Nature -For Lot 1 and Lot 2 respectively

Joint Venture
Single Submission
Entity Requirements
Participation as a contractor, Joint Must meet Not Not Must meet Form EXP – 1d
Venture partner, or subcontractor, requirement applicable applicablec requirement
in at least one contract out of the

below mentioned similar works
that has been satisfactorily and
substantially completed within the
last 5 years and is similar to the
proposed contract, where the
value of the Bidder’s participation
exceeds INR 2.20 crore or USD
2,75,000.
Types of similar works:
Manufacturer, supplier of Battery /

commissioned Battery Energy
Storage System
or
Manufacturer, supplier and

commissioned Electric vehicle
chargers or solar PV module
or
EPC developer for battery based

solar power plants or EPC
developer for solar power plants
or Supply, Installation and
maintenance of EV charging
stations
a
For contracts under which the Bidder participated as a Joint Venture partner or Subcontractor, only the Bidder’s share, by value,
shall be considered to meet this requirement.
b
For contracts implemented by a Joint Venture contractor, if the Bidder comprises the same Joint Venture, the 'Single Entity'
requirements will apply.
c
In case of complex works, the Employer may require each partner to demonstrate one satisfactorily and substantially completed
contract of similar nature where such partner’s value of participation exceeds 25% of the subject contract value.
d
In addition to the submission requirement Form EXP – 1, the bidder shall provide the following supporting documents:
[If the Employer will consider a “substantially completed contract” as one in which the works have been completed, insert the
following text:
1. Signed Contract Agreement, and
48
2. Taking-Over Certificate, Contract Completion Certificate or Performance Certificate,

in sufficient detail to verify the contract name, value and completion time (or substantial completion). If the documents are other
than in English, an accurate certified translation of these documents in English shall be provided.]
[If the Employer will consider a “substantially completed contract” as one in which the Contractor has completed all its obli gations
under the contract, insert the following text:
1. Signed Contract Agreement, and
2. Contract Completion Certificate or Performance Certificate,
in sufficient detail to verify the contract name, value and completion time. If the documents are other than in English, an accurate
certified translation of these documents in English shall be provided.]
49
2.4.2 Experience in Key Activities – For Lot 1 and 2 Respectively
2.4.2(a) Must be complied with by the Bidder. In case of a Joint Venture Bidder, the Bidder or at least
one of the partners must meet the requirement in the key activity. For contracts under which the Bidder
participated as a Joint Venture partner, only the Bidder’s designated scope of works under the contracts shall
be considered to meet this requirement.
Table A
Submission
Requirement Single Entity Joint Venture
Requirements
For the above or other contracts Must meet requirement Must meet requirement Form EXP – 2a
executed during the period
stipulated in 2.4.1, a minimum
experience in the following key
activities:
1 ………….
2 ………….
3 .. etc ……
a
Submission requirements: Form EXP – 2 shall be supported by documents such as Signed Contract Agreement, Taking-Over
Certificate or Contract Completion Certificate indicating the contract name, value, completion date (or percentage of substantial
completion), activities performed by Joint Venture partners, and other relevant details sufficient to demonstrate compliance
with the requirements.
50
2.4.2(b) The Employer accepts any of the following activities to be subcontracted. They may be complied
with by the Bidder or by its proposed specialist subcontractor.
Not Applicable
a
Submission requirements: Form EXP – 2 shall be supported by documents such as Signed Contract Agreement, Taking-Over
Certificate or Contract Completion Certificate indicating the contract name, value, completion date (or percentage of substantial
completion), activities performed by Joint Venture partners, and other relevant details sufficient to demonstrate compliance with
the requirements.
2.4.3 Specific Experience in Managing Environmental, Health and Safety Aspects

Single Entity or Its Joint Venture or Its Submission
Requirement Specialist Specialist Requirements
Subcontractors Subcontractors
For the contracts in 2.4.1 and 2.4.2 Must meet requirements One member must meet Form EXP – 3
above and/or any other contracts requirements
[substantially completed and under
implementation] as prime contractor, Or
Joint Venture partner, or Subcontractor
between 1st January 2020 and Bid All members must meet
requirements
submission deadline, experience in
managing ES risks and impacts in the
following aspects:
Safety requirements in construction,
operation and maintenance of
carports.
51
2.5 Organizational Environmental, Health and Safety System
2.5.1 Environmental, Health and Safety Certification

Availability of a valid Quality Must meet requirements One member must meet Form EXP – 4
Management Certificate ISO 9001 or requirements
internationally recognized equivalent
(equivalency to be demonstrated by Or
the Bidder), and applicable to the
worksite. All members must meet
requirements
2.5.2 Environmental, Health and Safety Documentation

Availability of in-house policies and Must meet requirements One member must meet Form EXP – 5
procedures for ESHS management: requirements
For example: Or
1. Existence of an Ethics Charter.
2. Existence of a system for All members must meet
monitoring compliance with EHS requirements
commitments for the Bidder’s
Subcontractors and all its partners.
3. Existence of official company
procedures for the management of
the following:
- ……….
- ……….
- ……….
- ……….
- ……….
52
2.5.3 Environmental, Health and Safety Dedicated Personnel

Availability of in-house personnel Must meet requirements One member must meet Form EXP – 6
dedicated to EHS issues: requirements
Or
- Environmental Specialist All members must meet
- Health and Safety Specialist requirements
53
2.6 Subcontractors
Subcontracting Is not allowed for this assignment
54
Section 4: Bidding Forms 4-1
Section 4: Bidding Forms

This section contains the forms to be completed by the Bidder and submitted as part of its Bid.
Table of Forms
Letter of Bid ............................................................................................................................... 4-3
Price Schedules ......................................................................................................................... 4-7

Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad .......................................... 4-8
Schedule No. 2. Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country ....... 4-9
Schedule No. 3. Design Services ..................................................................................................... 4-10
Schedule No. 4. Installation and Other Services ............................................................................... 4-11
Schedule No. 5. Grand Summary ..................................................................................................... 4-12
Schedule No. 6. Recommended Spare Parts ................................................................................... 4-13
Tables of Adjustment Data ...................................................................................................... 4-24
Bid Security.............................................................................................................................. 4-24
Bid-Securing Declaration ........................................................................................................ 4-16
Technical Proposal .................................................................................................................. 4-17

Site Organization ............................................................................................................................... 4-26
Method Statement ............................................................................................................................. 4-27
Mobilization Schedule........................................................................................................................ 4-20
Construction Schedule....................................................................................................................... 4-21
Environmental, Health and Safety Management Plan ..………………………………………………………4-21
Environmental, Health and Safety Code of Conduct .………………………………………………………4-22
Plant ................................................................................................................................................. 4-24
Personnel ......................................................................................................................................... 4-25
Form PER – 1: Proposed Personnel ............................................................................................ 4-25
Form PER – 2: Resume of Proposed Personnel .......................................................................... 4-34
Equipment ........................................................................................................................................ 4-35
Proposed Subcontractors/Manufacturers for Major Items of Plant and Services................................. 4-36
Manufacturer's Authorization............................................................................................................. 4-37
Affiliate Company Guarantee ............................................................................................................ 4-30
Time Schedule.................................................................................................................................. 4-31
Functional Guarantee of the Proposed Facilities ............................................................................... 4-32
Bidders Qualification ............................................................................................................... 4-33

Form ELI - 1: Bidder’s Information Sheet ............................................................................................ 4-41
Form ELI - 2: Joint Venture Information Sheet .................................................................................... 4-43
Form CON - 1: Historical Contract Nonperformance............................................................................ 4-44
Form CON - 2: EHS Performance Declaration ………………………………………………………………..4-38
Form FIN - 1: Historical Financial Performance ................................................................................... 4-40
Form FIN - 2: Average Annual Turnover ............................................................................................. 4-41
Form FIN - 3: Availability of Financial Resources ............................................................................... 4-42
Form FIN- 4: Financial Requirements for Current Contract Commitments .......................................... 4-43
Form FIN- 5: Self-Assessment Tool for Bidder's Compliance to Financial Resources .......................... 4-44
Form EXP - 1: Contracts of Similar Size and Nature .......................................................................... 4-45
Bidding Document for Design, Supply, Erection & Commissioning and O & M of 25/50 kWp Bi-facial Vertical Solar PV along with Battery Energy
Storage System with EV Chargers project Procurement of Plant Single-Stage: One-Envelope
55
4-2 Section IV. Bidding Forms
Form EXP - 2: Experience in Key Activities … ................................................................... ..…4-51

Form EXP - 3: Specific Experience in Managing Environmental, Health and Safety Aspects…..4-47
Form EXP - 4: Environmental, Health and Safety Certification ………………………….………..4-48
Form EXP - 5: Environmental, Health and Safety Documentation ……………………….………4-48
Form EXP - 6: Environmental, Health and Safety Dedicated Personnel ………………...………4-49
Form EXP - 7: Subcontractors................................................................................................. 4-50
Bidding Document for Design, Supply, Erection & Commissioning and O & M of 25/50 kWp Bi-facial Vertical Solar PV along
with Battery Energy Storage System with EV Chargers project Procurement of Plant Single-
Stage: One-Envelope
56
Letter of Bid
-Note-
The Bidder must accomplish the Letter of Bid on its letterhead clearly showing the Bidder’s complete name and address.
Date: ................................................
OCB No.: ................................................
Invitation for Bid No.: ................................................
To: [insert complete name of the Employer]
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda issued in
accordance with Instructions to Bidders (ITB) 8.
(b) We acknowledge that we have read and understand ADB’s Anticorruption Policy (1998) and Integrity Principles
and Guidelines (2015), both as amended from time to time.
(c) We offer to design, manufacture, test, deliver, install, pre-commission, and commission in conformity with the
Bidding Document the following Plant and Services: [insert narrative]
(d) The total price of our Bid, excluding any discounts offered in item (d) below is the sum of
[amount of foreign currency in words], [amount in figures], and [amount of local currency in words], [amount in
figures]
The total bid price from the Grand Summary (Schedule No. 5) should be entered by the Bidder inside this box.
Absence of the total bid price in the Letter of Bid may result in the rejection of the bid.
(e) The discounts offered and the methodology for their application are as follows: [insert discounts and methodology for
their application if any]
(f) Our Bid shall be valid for a period of [insert bid validity period as specified in ITB 20.1 of the BDS ] days starts from the
date fixed for the bid submission deadline in accordance with ITB 24.1, and it shall remain binding upon us and
may be accepted at any time before the expiration of that period.
(g) If our Bid is accepted, we commit to obtain a performance security in accordance with the Bidding Documents.
(h) Our firm, including any Subcontractors or Manufacturers for any part of the Contract, have or will have
nationalities from eligible countries, in accordance with ITB 4.2.
(i) We, our directors, key officers, key personnel, including any Subcontractors, consultants, subconsultants,
manufacturers, service providers or Suppliers for any part of the Contract, do not have any conflict of interest
in accordance with ITB 4.3.
If there is any conflict of interest, please state details:

(i) Parties involved in the conflict of interest: __________(ii) Details about the conflict of interest:
______________
Bidding Document for Design, Supply, Erection & Commissioning and O & M of 25/50 kWp Bi-facial Vertical Solar PV along with Battery Energy Storage System with
EV Chargers project Procurement of Plant Single-Stage: One-Envelope
57
(j) We are not participating, as a Bidder, either individually or as partner in a Joint Venture, in more than one Bid
in this bidding process in accordance with ITB 4.3(e), other than alternative offers submitted in accordance with
ITB 13.
(k) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key officers, key
personnel, associates, parent company, affiliates or subsidiaries, including any Subcontractors, consultants,
subconsultants, manufacturers, service providers or Suppliers for any part of the contract, are not subject to, or
not controlled by any entity or individual that is subject to, a temporary suspension or a debarment imposed by
the Asian Development Bank or a debarment imposed by the Asian Development Bank in accordance with the
Agreement for Mutual Enforcement of Debarment Decisions between the Asian Development Bank and other
development banks.1
(l) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key officers, key
subconsultants, manufacturers, service providers or Suppliers for any part of the contract, are not under ongoing
investigation and/or sanctions proceedings by the Asian Development Bank or any multilateral development
bank.
If under ongoing investigation and/or sanction proceedings by the Asian Development Bank or any multilateral
development bank, please state details:
(i) Name of the multilateral development bank: _______________________

(ii) Reason for the ongoing investigation / allegations: _________________
(m) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key officers, key
subconsultants, manufacturers, service providers or Suppliers for any part of the Contract, are not temporarily
suspended, debarred, declared ineligible, or subject to any national and/or international sanctions by any
country, any international organization, any multilateral development bank and other donor agency.
If so temporarily suspended, debarred, declared ineligible, or subject to any national and/or international
sanctions by any country, any international organization, any multilateral development bank and other donor
agency, please state details (as applicable to each Joint Venture partner, their respective direct or indirect
shareholders, directors, key officers, key personnel, associate, parent company, affiliate, subsidiaries,
Subcontractors, consultants, subconsultants, manufacturers, service providers and/or Suppliers):
(i) Name of Institution: __________________

(ii) Period of the temporary suspension, debarment, ineligibility, or national or international sanction [start and
end date]: ____________
(iii) Reason for the temporary suspension, debarment, ineligibility, or national or international sanction:
________________________
(n) Our firm, Joint Venture partners, associates, parent company affiliates or subsidiaries, including any
Subcontractors, consultants, subconsultants, manufacturers, service providers Suppliers, key officers directors
and key personnel have never been charged or convicted with any criminal offense (including felonies but
excluding misdemeanors) or infractions and/or violations of ordinance; nor charged or found liable in any civil
or administrative proceedings in the last 10 years; or undergoing investigation for such, or subject to any
criminal, civil or administrative orders, monitorship or enforcement actions.
1
These institutions include African Development Bank, European Bank for Reconstruction and Development (EBRD), Inter -American Development Bank (IADB),
and the World Bank Group. According to paragraph 9 of the Agreement, other international financial institutions may join upon the consent of all Participating
Institutions and signature of a Letter of Adherence by the international financial institution substantially in the form prov ided (Annex B to the Agreement). Upon
adherence, such international financial institution shall become a Participating Institution for purposes of the Agreement. Bidders ar e advised to check
www.adb.org/integrity for updates.
58
If so charged, convicted/found liable, under ongoing investigation, or subject to orders, monitorship or

enforcement actions, please state details:
(i) Nature of the offense/violation, proceedings, investigation, and/or monitorship or enforcement actions:
__________________
(ii) Court, area of jurisdiction and/or the enforcement agency: __________________
(iii) Resolution [i.e. dismissed, settled, or convicted; duration of penalty]: __________________
(iv) Other relevant details [please specify]: ____________
(o) Our firm, Joint Venture partners, our respective direct and indirect shareholders, directors, key officers, key
personnel, associates, affiliates or subsidiaries, including any Subcontractors, consultants, subconsultants,
manufacturers, service providers or Suppliers, can make and receive electronic fund transfer payments through
the international banking system or otherwise discharge the Employer’s obligation upon initiation of wire
transfer.
If unable to make or receive funds through the international banking system or otherwise discharge the
Employer’s obligation upon initiation of wire transfer, please state the details:
(i) Nature of the restriction: _____________

(ii) Jurisdiction of the restriction: __________
(iii) Other relevant details: _______________
(p) Our firm, Joint Venture partners, associates, parent company, affiliates or subsidiaries, including any
Subcontractors, consultants, subconsultants, manufacturers, service providers or Suppliers, key officers,
directors and key personnel are not from a country which is prohibited to export goods or services to, or receive
any payments from the Employer’s country and/or are not prohibited to receive payments for particular goods or
services by the Employer’s country by an act of compliance with a decision of the United Nations Security Council
taken under Chapter VII of the Charter of the United Nations.
(q) We understand that it is our obligation to notify the Employer of any changes in connection with the matters
described in paragraphs (i), (k), (l), (m), (n), (o), (p) and (t) of this Letter of Bid.
(r) [We are not a government-owned enterprise] / [We are a government-owned enterprise but meet the
requirements of ITB4.5].2
(s) We have not been suspended nor declared ineligible by the Employer based on execution of a Bid-Securing
Declaration in the Employer’s Country in accordance with ITB 4.6.
(t) We have paid, or intend to pay, either directly or indirectly, the following commissions, gratuities, or fees with
respect to the bidding process or execution of the Contract: 3
Name of Recipient Address Reason Amount

....................................... ...................................... .............................. .....................
....................................... ...................................... .............................. .....................
(u) We understand that this Bid, together with your written acceptance thereof included in your notification of award
through the issuance of Letter of Acceptance, shall constitute a binding contract between us, until a formal
contract is prepared and executed.
(v) We understand that you are not bound to accept the lowest evaluated Bid or any other Bid that you may receive.
(w) At any time following submission of our Bid, we shall permit, and shall cause our Joint Venture partners,
directors, key officers, key personnel, associates, parent company, affiliates or subsidiaries, including any
Subcontractors, consultants, subconsultants, manufacturers, service providers or Suppliers for any part of the
2
Use one of the two options as appropriate.
3
If none has been paid or is to be paid, indicate “None.”
59
contract to permit ADB or its representative to inspect our sites, assets, accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed by ADB. We
understand that failure of this obligation may constitute obstructive practice that may result in debarment and/or
contract termination.
(x) Regardless of whether the contract will be awarded to us, we shall preserve all accounts, records and other
documents related to bid submission for at least 3 years from the date of submission of the bid or the period
prescribed in applicable law, whichever is longer.
(y) If we are awarded the contract, we shall preserve all accounts, records and other documents related to the
procurement and execution of the contract for at least 5 years after the completing the works contemplated in
the relevant contracts or the period prescribed in applicable law, whichever is longer.
(z) If our Bid is accepted, we commit to mobilizing key equipment and personnel in accordance with the
requirements set forth in Section 6 (Employer’s Requirements) and our technical proposal, or as otherwise
agreed with the Employer.
(aa) We certify on behalf of the Bidder, that the information provided in the bid has been fully reviewed, given in
good faith, and to the best of our knowledge is true and complete. We understand that it is our obligation to
inform the Employer of any changes to the information as and when it becomes known to us. We understand
that any misrepresentation that knowingly or recklessly misleads, or attempts to mislead may lead to the
automatic rejection of the Bid or cancellation of the contract, if awarded, and may result in remedial actions, in
accordance with ADB’s Anticorruption Policy (1998, as amended to date) and Integrity Principles and Guidelines
(2015, as amended from time to time).
Name ..........................................................................................................................................
In the capacity of .........................................................................................................................
Signed .........................................................................................................................................
Duly authorized to sign the Bid for and on behalf of ......................................................................
Date ............................................................................................................................................
60
Price Schedules
PREAMBLE
General
1. The Price Schedules are divided into separate Schedules as follows:
Schedule No. 2: Plant and Mandatory Spare Parts Supplied from within the Employer’s Country
Schedule No. 5: Grand Summary
2. The Schedules do not generally give a full description of the plant to be supplied and the services to be performed
under each item. Bidders shall be deemed to have read the Employer’s Requirements and other sections of the
Bidding Document and reviewed the Drawings to ascertain the full scope of the requirements included in each
item prior to filling in the rates and prices. The entered rates and prices shall be deemed to cover the full scope
as aforesaid, including overheads and profit.
3. If Bidders are unclear or uncertain as to the scope of any item, they shall seek clarification in accordance with ITB
7 prior to submitting their bid.
Pricing
4. The units and rates in figures entered into the Price Schedules should be typewritten or if written by hand, must
be in print form. Price Schedules not presented accordingly may be considered nonresponsive. Any alterations
necessary due to errors, etc., shall be initialed by the Bidder.
As specified in the Bid Data Sheet and Special Conditions of Contract, prices shall be fixed and firm for the
duration of the Contract, or prices shall be subject to adjustment in accordance with the corresponding Appendix
(Price Adjustment) to the Contract Agreement.
5. Bid prices shall be quoted in the manner indicated and in the currencies specified in the Instructions to Bidders in
the Bidding Document.
For each item, Bidders shall complete each appropriate column in the respective Schedules, giving the price
breakdown as indicated in the Schedules.
Prices given in the Schedules against each item shall be for the scope covered by that item as detailed
in Section 6 (Employer’s Requirements) or elsewhere in the Bidding Document.
6. Payments will be made to the Contractor in the currency or currencies indicated under each respective item.
7. When requested by the Employer for the purposes of making payments or partial payments, valuing variations or
evaluating claims, or for such other purposes as the Employer may reasonably require, the Contractor shall
provide the Employer with a breakdown of any composite or lump sum items included in the Schedules.
8. Schedule 3 to 5 of Price Bid are common for both foreign and domestic bidders.
61
Schedules of Rates and Prices

LOT 1
GST /Taxes
Unit Pricea Total Pricea
and Duties
Country
Item Description Quantity Foreign Foreign Local
of Origin
Currency CIP Currency Currency
(USD) (USD) (INR)
1 2 3 4 5 6 7=4x6 8
A Battery Energy
Storage System 4 Sets
Lithium-Ion Battery
Solution (minimum)
of (100) kWh with
in- built BMS, HVAC
and Fire safety
system
Battery Energy 1 Set
Storage System
Lithium-Ion Battery
Solution (minimum)
of (200) kWh with
in- built BMS, HVAC
and Fire safety
system
B Solar System with 4 sets
capacity of (25)
kWp
Solar System with 1 Set
capacity of (50)
kWp
C EV Chargers for 4 sets
25kWp (as
specified in Section
6)
EV Chargers for 50 1 set
kWp (as specified
in Section 6 )
D Enclosure/Insulated 4 sets`
cabin with
necessary
temperature control
system, Fire safety
for accommodating
BESS and Solar
Power Conditioning
System for 25 kWp
Enclosure/Insulated 1 Set
cabin with
necessary
temperature control
system, Fire safety
62
for accommodating
BESS and Solar
Power Conditioning
System for 50 kWp
TOTAL Column 7 to be carried forward to Schedule No. 5: Grand Summary
Name of Bidder
Signature of Bidder
a
Specify currencies in accordance with ITB 19.1 of the BDS. Create additional columns for foreign currencies if so required.
Country of Origin Declaration Form
Item Description Country
63
Schedule No. 2: Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country
LOT 1
Unit Pricea
Total EXW GST/ Sales
Item Description Quantity Local and other
Currency Pricea
EXW Priceb taxes
(INR)
1 2 3 4 5 6=3x5 7
A Battery Energy Storage

System Lithium-Ion Battery 4 Sets
Solution (minimum) of (100)
kWh with in- built BMS, HVAC
and Fire safety system
Battery Energy Storage 1 Set

System Lithium-Ion Battery
B Solar System with capacity 4 sets
of (25) kWp
Solar System with capacity 1 Set

of (50) kWp
C EV Chargers for 25kWp (as 4 sets
specified in Section 6 )
EV Chargers for 50 kWp (as 1 set

D Enclosure/Insulated cabin with 4 sets
necessary temperature control
system, Fire safety for
accommodating BESS and
Solar Power Conditioning
System for 25 kWp
Enclosure/Insulated cabin with 1 Set

System for 50 kWp
Name of Bidder
Signature of Bidder
64
a
Specify currency in accordance with ITB 19.1 of the BDS.
b
Column 5 EXW Price shall include all customs duties and sales and other taxes already paid or payable on the components and raw materials
used in the manufacture or assembly of the item or the customs duties and sales and other taxes already paid on previously imported items.
65

Lot 1
Quantit Local Foreign Local Foreign

Item Description Currency Currency Currency Currency
y
Portion Portion Portion Portion
(INR) (USD) (INR) (USD)
1 2 3 4 5 6=3x4 7=3x5
A Lump sum design charges for 4 Sites of 25 4

kWp each
B Lump sum design charges for 1 Site of 50 1

kWp
TOTAL Columns 6 and 7 to be carried forward to Schedule No. 5: Grand Summary
Name of Bidder
Signature of Bidder
a
66

LOT 1
Local Foreign Local Foreign

Item Description Quantity Currency Currency Currency Currency
1 2 3 4 5 6=3x4 7=3x5
1 Lump sum installation and other services 4

charges for 4 Sites of 25 kWp each

charges for 1 Site of 50 kWp
3 .....
4 .....
5 .....
etc .....
Name of Bidder
Signature of Bidder
a
b
As described in SCC 22.2.7.
67

LOT 1
Total Pricea
Schedule
Title
No. Foreign Local
(USD) (INR)
Plant and Mandatory Spare Parts Supplied from

1
Abroad b

2
Within the Employer’s Country b
3 Design Services
4 Installation and Other Services
Grand Total to be carried forward to Letter of Bid
Name of Bidder
Signature of Bidder
a
Specify currency in accordance with ITB 19.1 of the BDS. Create additional columns for foreign currencies if so required. Bids will be
evaluated considering total cumulative cost i.e Schedule 5.
b
Taxes and/or duties from Schedules 1 and 2 may be added to the contract price in accordance with GCC 14 (Taxes and Duties) but excluded
from bid evaluation in accordance with ITB 36.4.
68

LOT 1
EXW CIP
Local Imported Local Foreign
Item Description Quantity Parts Parts Currency Currency
Portion Portion
Local Foreign
Currency Currency (INR) (USD)
(INR) (USD)
1 2 3 4 5 6=3x4 7=3x5
TOTAL
Name of Bidder
Signature of Bidder
a
69
Schedules of Rates and Prices

LOT 2
Taxes and
Duties
Country
Item Description Quantity Foreign Foreign Local
of Origin
Currency CIP Currency Currency
(USD) (USD) (INR)
1 2 3 4 5 6 7=4x6 8
A Battery Energy
Storage System 4 Sets
Lithium-Ion Battery
Solution (minimum)
of (100) kWh with
in- built BMS, HVAC
and Fire safety
system
Battery Energy 1 Set
Storage System
Lithium-Ion Battery
Solution (minimum)
of (200) kWh with
in- built BMS, HVAC
and Fire safety
system
B Solar System with 4 sets
capacity of (25)
kWp
Solar System with 1 Set
capacity of (50)
kWp
C EV Chargers for 4 sets
25kWp (as
specified in Section
6)
EV Chargers for 50 1 Set
kWp (as specified
in Section 6 )
D Enclosure/Insulated 4 sets
cabin with
necessary
temperature control
system, Fire safety
for accommodating
BESS and Solar
Power Conditioning
System for 25 kWp
70
Enclosure/Insulated 1 Set
cabin with
necessary
temperature control
system, Fire safety
for accommodating
BESS and Solar
Power Conditioning
System for 50 kWp
Name of Bidder
Signature of Bidder
a
Specify currencies in accordance with ITB 19.1 of the BDS. Create additional columns for foreign currencies if so required.
Country of Origin Declaration Form
Item Description Country
71
Schedule No. 2: Plant and Mandatory Spare Parts Supplied from Within the Employer’s Country
LOT 2
Unit Pricea
Total EXW Sales and
Item Description Quantity Local
Currency b Pricea other taxes
EXW Price
(INR)
1 2 3 4 5 6=3x5 7
A Battery Energy Storage

System Lithium-Ion Battery 4 Sets
Battery Energy Storage 1 Set

System Lithium-Ion Battery
B Solar System with capacity 4 sets
of (25) kWp
Solar System with capacity 1 Set

of (50) kWp
C EV Chargers for 25kWp (as 4 sets
EV Chargers for 50 kWp (as 1 Set

D Enclosure/Insulated cabin with 4 sets
System for 25 kWp
Enclosure/Insulated cabin with 1 Set

System for 50 kWp
Name of Bidder
Signature of Bidder
72
a
b
Column 5 EXW Price shall include all customs duties and sales and other taxes already paid or payable on the components and raw materials
used in the manufacture or assembly of the item or the customs duties and sales and other taxes already paid on previously imported items.
73

Lot 2
Quantit Local Foreign Local Foreign

Item Description Currency Currency Currency Currency
y
1 2 3 4 5 6=3x4 7=3x5
A Lump sum design service charges for 4 4

Sites of 25 kWp each
B Lump sum design service charges for 1 Site 1

of 50 kWp
Name of Bidder
Signature of Bidder
a
74

LOT 2
Local Foreign Local Foreign

Item Description Quantity Currency Currency Currency Currency
1 2 3 4 5 6=3x4 7=3x5

charges for 4 Sites of 25 kWp each

charges for 1 Site of 50 kWp
3 .....
4 .....
5 .....
6 STI. STD and HIV/AIDS alleviation programb
etc .....
Name of Bidder
Signature of Bidder
a
b
As described in SCC 22.2.7.
75

LOT 2
Total Pricea
Schedule
Title
No. Foreign Local
(USD) (INR)

1
Abroad b

2
Within the Employer’s Country b
3 Design Services
4 Installation and Other Services
Grand Total to be carried forward to Letter of Bid
Name of Bidder
Signature of Bidder
a
Specify currency in accordance with ITB 19.1 of the BDS. Create additional columns for foreign currencies if so required. Bid will be
evaluated considering total cumulative cost i.e. schedules 5.
b
Taxes and/or duties from Schedules 1 and 2 may be added to the contract price in accordance with GCC 14 (Taxes and Duties) but excluded
from bid evaluation in accordance with ITB 36.4.
76

LOT 2
EXW CIP
Local Imported Local Foreign
Item Description Quantity Parts Parts Currency Currency
Portion Portion
Local Foreign
Currency Currency (INR) (USD)
(INR) (USD)
1 2 3 4 5 6=3x4 7=3x5
TOTAL
Name of Bidder
Signature of Bidder
77
Bid Security
Bank Guarantee
[Bank’s name, and address of issuing branch or office] 4
Beneficiary: ............................... [Name and address of the Employer] ...........................................
Date: ............................................................................................................................................................................................................................
Bid Security No.: ..............................................................................................................................................................................................
We have been informed that [name of the Bidder] (hereinafter called "the Bidder") has submitted to you its bid dated
[insert date] (hereinafter called "the Bid") for the execution of [name of contract] under Invitation for Bids No. [insert IFB
number] (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding
in total an amount of [amount in words] [amount in figures] upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the
Bidder
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Letter of Bid; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the ITB”); or
(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails or
refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish the Performance Security, in
accordance with the ITB.
This guarantee will expire (a) if the Bidder is the successful Bidder, upon our receipt of copies of the Contract
Agreement signed by the Bidder and the Performance Security issued to you upon the instruction of the Bidder; or (b)
if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder
of the name of the successful Bidder, or (ii) 28 days after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the office indicated above
on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No.
758.5
([Authorized signature(s) and bank’s seal (where appropriate) ]
Technical Proposal
Site Organization
Method Statement
4
All italicized text is for use in preparing this form and shall be deleted from the final document.
5
Or the employer may use “Uniform Rules for Demand Guarantees (URDG), ICC Publication No. 458” as appropriate.
78
Mobilization Schedule
Construction Schedule
Environmental, Health and Safety Management Plan
Environmental, Health and Safety Code of Conduct
Plant
Personnel
Equipment
Proposed Subcontractors for Major Items of Plant and Services
Manufacturer’s Authorization
Affiliate Company Guarantee
Time Schedule
Functional Guarantee of the Proposed Facilities
79
4-26 Section 4: Bidding Forms
Site Organization
Stage: One-Envelope
80
Method Statement
81
Mobilization Schedule
The Mobilization Schedule should reflect the no-objection request and approval step for Site Specific
Environmental, Health and Safety Management Plan as per Contract Conditions.
Stage: One-Envelope
82
Construction Schedule
The construction schedule shall include the following key milestones:
Environmental, Health and Safety Management Plan (EHSMP)
The Bidder shall submit an outline Environmental, Health and Safety Management Plan (EHSMP)
commensurate with the risks and impacts of the proposed works and activities. These strategies and plans
shall describe in detail the actions, materials, equipment, management processes, etc. that will be
implemented by the Contractor, and its subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the EHS provisions of the contract
and EHS risks including those as may be more fully described in Section 6 (Employer’s Requirements).
83

for Contractor’s Personnel Form
Note to Bidder
The minimum content of the EHS Code of Conduct form as set out by the Employer shall not be substantially modified.
However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks.
The Bidder shall initial and submit the EHS Code of Conduct form as part of its bid.
ENVIRONMENTAL, HEALTH AND SAFETY CODE OF CONDUCT

FOR CONTRACTOR’S PERSONNEL
We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name of
Employer] for [enter description of the Works]. These Works will be carried out at [enter the Site and other
locations where the Works will be carried out]. Our contract requires us to implement measures to address
environmental, health and safety risks related to the Works.
This EHS Code of Conduct is part of our measures to deal with environmental, health and safety risks
related to the Works. It applies to all our staff, labourers and other employees at the Works Site or other
places where the Works are being carried out. It also applies to the personnel of each subcontractor and
any other personnel assisting us in the execution of the Works. All such persons are referred to as
“Contractor’s Personnel” and are subject to this EHS Code of Conduct.
This EHS Code of Conduct identifies the behavior that we require from all Contractor’s Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated
and where all persons should feel comfortable raising issues or concerns without fear of retaliation.
REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;

2. comply with this EHS Code of Conduct and all applicable laws, regulations and other requirements,
including requirements to protect the health, safety and well-being of other Contractor’s Personnel and
any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under each person’s control are
safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological substances and agents;
and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove himself/herself from a
work situation which he/she reasonably believes presents an imminent and serious danger to his/her
life or health;
5. treat other people with respect, and not discriminate against specific groups such as women, people
with disabilities, migrant workers or children;
6. report violations of this EHS Code of Conduct; and
Stage: One-Envelope
84
7. not retaliate against any person who reports violations of this EHS Code of Conduct, whether to us or
the Employer, or who makes use of the grievance mechanism for Contractor’s Personnel or the
project’s Grievance Redress Mechanism.
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this EHS Code of Conduct,
or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done by call [ ] to
reach the Contractor’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law.
Anonymous complaints or allegations may also be submitted and will be given all due and appropriate
consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate
action. We will provide warm referrals to service providers that may help support the person who experienced
the alleged incident, as appropriate.
CONSEQUENCES OF VIOLATING THE ENVIRONMENTAL, HEALTH AND SAFETY

CODE OF CONDUCT
Any violation of this EHS Code of Conduct by Contractor’s Personnel may result in serious consequences,
up to and including termination and possible referral to legal authorities.
FOR CONTRACTOR’S PERSONNEL:
I have received a copy of this EHS Code of Conduct written in a language that I comprehend. I understand
that if I have any questions about this EHS Code of Conduct, I can contact [enter name of Contractor’s
contact person(s) with relevant experience)] requesting an explanation.
Name of Contractor’s Personnel: [insert name]

Signature: ______________________________________________
Date: (day month year): ___________________________________
Countersignature of authorized representative of the Contractor:

Signature: ______________________________________________
Date: (day month year): ___________________________________
85
Plant
Stage: One-Envelope
86
Personnel
Form PER – 1: Proposed Personnel
Bidders should provide the details of proposed personnel and their experience record in the relevant
Information Forms below for each of the candidate.
1. Title of position
Name
Name
Name
Name
etc. Title of position
Name
-- Note --
All titles of positions will be as listed in Section 6 (Employer’s Requirements).
87
Form PER – 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Use one form for each position.
Position
Personnel Full Legal Name Date of Birth

information
Known as Place of Birth
Nationality Citizenship
Type of government ID ID number
Attach a copy of ID to this form
Professional qualifications
Present Name of employer

employment
Address of employer
Telephone Contact (manager/personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
From To Company/Project/Position/Relevant Technical and Management Experience
Stage: One-Envelope
88
Equipment
Form EQU: Equipment
The Bidder shall provide adequate information and details to demonstrate clearly that it has the capability
to meet the equipment requirements indicated in Section 6 (Employer’s Requirements), using the Forms
below. A separate Form shall be prepared for each item of equipment listed, or for alternative equipment
proposed by the Bidder.
Item of Equipment
Equipment Name of manufacturer Model and power rating

Information
Capacity Year of manufacture
Current Current location

Status
Details of current commitments
Source Indicate source of the equipment
 Owned  Rented  Leased  Specially manufactured
Omit the following information for equipment owned by the Bidder.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Telex
Agreements Details of rental/lease/manufacture agreements specific to the project
89
Proposed Subcontractors and/or Manufactures for Major Items of Plant and

Services
The following Subcontractors and/or Manufacturers are proposed for carrying out the item of the facilities
indicated based on Criterion 2.5 of Section 3 (Evaluation and Qualification Criteria). Bidders are free to
propose more than one for each item.
Major Items of Plant and Services Proposed Subcontractors or Nationality

Manufacturers
Stage: One-Envelope
90
Manufacturer's Authorization
Date: [insert date (as day, month and year) of bid submission]
OCB No.: [insert number of bidding process]
To: [insert complete name of the Employer]
WHEREAS
We [insert complete name of the manufacturer or manufacturer’s authorized agent], who are official manufacturers
or agent authorized by the Manufacturer of [insert type of goods manufactured], having factories at [insert full
address of manufacturer’s factories], do hereby authorize [insert complete name of the Bidder] to submit a bid the
purpose of which is to provide the following goods, manufactured by us [ insert name and/or brief description
of the goods], and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General
Conditions of Contract, with respect to the goods offered by the above firm.
Signed: [insert signature(s) of authorized representative(s) of the manufacturer]
Name: [insert complete name(s) of authorized representative(s) of the manufacturer]
Title: [insert title]
Duly authorized to sign this Authorization on behalf of: [insert complete name of the manufacturer]
Dated on ____________ day of __________________, _______ [insert date of signing]
-- Note --
The bidder shall require the manufacturer to fill out this form in accordance with the instructions indicated. This letter of
authorization should be signed by a person with the proper authority to sign documents that are binding on the manufacturer.
The bidder shall include it in its bid, if so indicated in the BDS.
91
Time Schedule
To be used by Bidder when alternative Time for Completion is invited in ITB 13.2.
Stage: One-Envelope
92
Functional Guarantee of the Proposed Facilities

Form FUNC
The Bidder shall copy on the left column of the table below, the identification of each functional guarantee
required in the Specification and stated by the Employer in EQC 1.3.4 of Section 3, Evaluation and Qualification
Criteria, and on the right column, provide the corresponding value for each functional guarantee of the proposed
plant and equipment.
Functional Guarantee [as required Functional Guarantee Value Offered

by the Employer in Section 3] by the Bidder
1.
2.
3.
…
93
Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation and
Qualification Criteria) the Bidder shall provide the following information requested in the corresponding
Information Sheets.
Stage: One-Envelope
94
Form ELI - 1: Bidder’s Information Sheet
Bidder’s Information
Information of the Bidder If the Bidder is a subsidiary or branch,
information of any parent
company/companies
Full legal
name(s)
Names
Full trading
name(s) (if
any)
Registered
address(es)
Trading
address(es)
Addresses
Postal
address(es)
(if different
from
trading
address)
Type of organization
Country of
constitution/incorporation/
registration
Year of constitution
/incorporation/ registration
Corporate or registration
number
In case of a Joint Venture,

legal name of each partner
Bidder’s authorized
representative
(name, address, telephone
number(s), fax number(s), e-
mail address)
95
Attached are copies of the following documents:
 1. In case of a single entity, articles of incorporation or constitution and company incorporation/registration of the legal entity
named above, in accordance with ITB 4.1 and ITB 4.2.
 2. Authorization to represent the firm or Joint Venture named above, in accordance with ITB 22.2.
 3. In case of a Joint Venture, a letter of intent to form a Joint Venture or Joint Venture agreement, in accordance with ITB 4.1.
 4. In case of a government-owned enterprise, any additional documents not covered under 1 above required to comply with
ITB 4.5.
Stage: One-Envelope
96
Form ELI - 2: Joint Venture Information Sheet
Each partner of the Joint Venture and Specialist Subcontractor must fill out this form separately.
Joint Venture / Specialist Subcontractor Information
Bidder’s legal name
Information of Joint Venture Partner If any Joint Venture Partner or Specialist

or Specialist Subcontractor Subcontractor is a subsidiary or branch,
information of any parent
company/companies
Full Legal name(s)
Names
Full trading name(s)
(if any)
Registered
address(es)
Trading address (es)

Addresses
Postal address (es)

(if different from
trading address)
Type of organization
Country of constitution/
incorporation/ registration
Year of constitution/ incorporation/

registration
Corporate or registration number
Joint Venture Partner’s or

Specialist Subcontractor’s
authorized representative
information
(name, address, telephone number(s),
fax number(s), e-mail address)
Attached are copies of the following documents:

 1. Articles of incorporation or constitution and company incorporation/registration of the legal entity named above, in
accordance with ITB 4.1 and ITB 4.2.
 2. Authorization to represent the firm named above, in accordance with ITB 22.2.
 3. In the case of a government-owned enterprise, documents establishing legal and financial autonomy and compliance with
commercial law, in accordance with ITB 4.5.
Subcontractors are those listed in Technical Proposal – Proposed Subcontractors and/or Manufacturers for
Major Items of Plant and Services.
97
Form CON – 1: Historical Contract Nonperformance
Each Bidder must fill out this form in accordance with Criteria 2.2.1 and 2.2.3 of Section 3 (Evaluation and
Qualification Criteria) to describe any history of nonperforming contracts and pending litigation or arbitration
formally commenced against it.
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the Joint
Venture Partner’s name:
Joint Venture Partner: ___________________
Table 1: History of Nonperforming Contracts

Choose one of the following:
 No nonperforming contracts.
 Below is a description of nonperforming contracts involving the Bidder (or each Joint Venture partner if Bidder is a Joint
Venture).
Amount of
Nonperformed Total
Year Description Portion of Contract
Contract ($ Amount ($
equivalent) equivalent)
[insert Contract Identification: [indicate complete contract name/ [insert amount] [insert
year] number, and any other identification] amount]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for nonperformance: [indicate main reason(s)]
Table 2: Pending Litigation and Arbitration

Choose one of the following:
 No pending litigation, arbitration or any other material events impacting the net worth and/or liquidity of the bidder.
 Below is a description of all pending litigation, arbitration involving the Bidder or any other material events impacting the net
worth and/or liquidity of the bidder (or each Joint Venture partner if Bidder is a Joint Venture).
Value of
Value of Pending Pending
Year Matter in Dispute Claim Claim as a
($ Equivalent) Percentage of
Net Worth
[insert Contract Identification, as applicable: [indicate complete [insert amount] [insert
year] contract name/ number, and any other identification] amount]
Name of Employer, parties involved in the material events
impacting the net worth and/or liquidity of the bidder: [insert
full name]
Address of Employer, parties involved in the material
events impacting the net worth and/or liquidity of the
bidder: [insert street/city/country]
Matter of Dispute: [indicate full description of dispute]
Party who initiated the dispute: [indicate “Employer” or
“Contractor”]
Status: [indicate status of dispute]
- Note -
Table 2 of this form shall only be included if Criterion 2.2.3 of Section 3 (Evaluation and Qualification Criteria) is applicable.
Stage: One-Envelope
98
Form CON – 2: EHS Performance Declaration
Each Bidder must fill out this form in accordance with Criterion 2.2.4 of Section 3 (Evaluation and
In case of a Joint Venture, each Joint Venture Partner must fill out this form separately and provide the
Joint Venture Partner’s name:
Joint Venture Partner: ___________________________
In case of a Specialist Subcontractors, each Specialist Subcontractor must fill out this form and provide
the Specialist Subcontractor’s name:
Specialist Subcontractor: _________________________
Environmental and Health and Safety Performance Declaration

in accordance with Section 3 (Evaluation and Qualification Criteria)
 No suspension or termination of contract: An employer has not suspended or terminated a contract and/or
called the performance security for a contract for reasons related to Environmental or Health and Safety
performance since the date specified in Criterion 2.5 of Section 3 (Evaluation and Qualification Criteria).
 Declaration of suspension or termination of contract: The following contract(s) has/have been suspended
or terminated and/or Performance Security called by an employer(s) for reasons related to Environmental or
Health and Safety performance since the date specified in Criterion 2.5 of Section 3 (Evaluation and Qualification
Criteria). Details are described below:
 Declaration of request for replacement of Key Environment, Health and Safety Personnel: The following
contract(s) has/have experienced a request by the Employer to replace Environmental, Health and Safety
Personnel for reasons related to Environmental or Health and Safety performance since the date specified in
Criterion 2.5 of Section 3 (Evaluation and Qualification Criteria). Details are described below:
 Declaration of past fatality resulted from EHS issues on site: The following contract(s) has/have
experienced a fatality resulted from EHS issues on site since the date specified in Criterion 2.5 of Section 3
(Evaluation and Qualification Criteria). Details are described below:
Year Suspended or Contract Identification Total Contract Amount
terminated (current value,
portion of currency, exchange rate
contract and US$ equivalent)
[insert year] [insert amount Contract Identification: [indicate complete contract name/ [insert amount]
and percentage] number, and any other identification]
Reason(s) for suspension or termination: [indicate main
reason(s) e.g., discharge over environmental limit, workers
did not have required health and safety permits to undertake
high risk work, work carried out was not adhered to approved
construction methodology and quality control plan]
[insert year] [insert amount Contract Identification: [indicate complete contract name/ [insert amount]
and percentage] number, and any other identification]
99

Reason(s) for suspension or termination: [indicate main
reason(s)]
… … [list all applicable contracts] …
Performance Security called by an employer(s) for reasons related to EHS performance
Total Contract Amount
(current value,
Year Contract Identification
currency, exchange rate
and US$ equivalent)
[insert year] Contract Identification: [indicate complete contract name/ number, and any [insert amount]
other identification]
Reason(s) for suspension or termination: [indicate main reason(s) e.g.
discharge over environmental limit, workers did not have required health and
safety permits to undertake high risk work, work carried out was not adhered
to approved construction methodology and quality control plan]
Key EHS personnel replacement requested by the Employer for reasons related to EHS performance
Personnel
Year Contract Identification and Reasons replacement action
and results
[insert year] Contract Identification: [indicate complete contract name/ number, and any [insert description]
Reason(s) for requesting for replacement: [indicate main reason(s)]
Fatality due to EHS issues on Site
Follow-on actions
Year Contract Identification taken by the
contractor
[insert year] Contract Identification: [indicate complete contract name/ number, and any [insert description]
Description of fatality event:
Causation:
Stage: One-Envelope
100
Form FIN - 1: Historical Financial Performance
Each Bidder must fill out this form.
Financial Data for Previous _____ Years [$ Equivalent]
Year 1: Year 2: Year __:
Information from Balance Sheet
Total Assets (TA)
Total Liabilities (TL)
Net Worth = TA – TL
Current Assets (CA)
Current Liabilities (CL)

Working Capital = CA
– CL
To be obtained for most recent year and carried forward to FIN -

Most Recent 3 Line 1; in case of Joint Ventures, to the corresponding Joint
Working Capital Venture Partner’s FIN – 3.
Information from Income Statement
Total Revenues
Profits Before Taxes
Profits After Taxes
 Attached are copies of financial statements (balance sheets including all related notes, and income statements) for the last
_____ years, as indicated above, complying with the following conditions:
1. Unless otherwise required by Section 3 of the Bidding Documents, all such documents reflect the standalone financial
situation of the legal entity or entities comprising the Bidder and not the Bidder’s parent companies, subsidiaries , or
affiliates.
2. Historical financial statements must be audited by a certified accountant.
3. Historical financial statements must be complete, including all notes to the financial statements.
4. Historical financial statements must correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
101
Form FIN - 2: Average Annual Turnover
The information supplied should be the Annual Turnover of the Bidder or each partner of a Joint Venture for
the total certified payments received from the clients for contracts in progress or completed, converted to US
dollars at the rate of exchange at the end of the period reported.
Annual Turnover Data for the Last _____ Years

Amount Exchange $
Year
Currency Rate Equivalent
Average Annual Turnover
Stage: One-Envelope
102
Form FIN – 3: Availability of Financial Resources
Bidders must demonstrate sufficient financial resources, usually comprising of Working Capital supplemented
by credit line statements or overdraft facilities and others to meet the Bidder’s financial requirements for
(a) its current contract commitments, and

(b) the subject contract.
Financial Resources
No. Source of financing Amount ($ equivalent)
1 Working Capital (to be taken from FIN - 1)
2 Credit Linea
3 Other Financial Resources
Total Available Financial Resources
a
To be substantiated by a letter from the bank issuing the line of credit.
103
Form FIN- 4: Financial Requirements for Current Contract Commitments
Bidders (or each Joint Venture partner) should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for
contracts approaching completion, but for which an unqualified, full completion certificate has yet to be
issued.
Current Contract Commitments

Employer’s Outstanding Remaining
Contract Contract Contract Monthly Financial Resources
Name of Contact
No. Completion Value Period in Requirement
Contract (Address, Tel,
Date (X / Y)
Fax) (X) a months (Y) b
Total Monthly Financial Requirement for Current Contract Commitments $ . . . . . . . . . . . . . . . . .
a
Remaining outstanding contract values to be calculated from 28 days prior to the bid submission deadline ($
equivalent based on the foreign exchange rate as of the same date).
b
Remaining contract period to be calculated from 28 days prior to bid submission deadline.
Stage: One-Envelope
104
Form FIN - 5: Self-Assessment Tool for Bidder’s Compliance to Financial Resources (Criterion
2.3.3 of Section 3)
This form requires the same information submitted in Forms FIN - 3 and FIN - 4. All conditions of
“Available Financial Resources Net of CCC ≥ Requirement for the Subject Contract” must be satisfied
to qualify.
Form FIN - 5A: For Single Entities

Results:
Total Available Total Monthly Financial Yes or No
Financial Requirement for Current Available Financial Requirement [D must be
For Single Resources from Contract Commitments Resources Net for the Subject greater than or
Entities: FIN – 3 (CCC) from FIN – 4 of CCC Contract equal to E]
(A) (B) (C) D = (B - C) (E) (F)
_________ . . . . . . . . . . ._
(Name of Bidder)
Form FIN - 5B: For Joint Ventures

Total Available Total Monthly Financial Available Results:
Financial Requirement for Current Financial Requirement Yes or No
For Joint Resources Contract Commitments Resources Net for the Subject [D must be greater
Ventures: from FIN – 3 (CCC) from FIN – 4 of CCC Contract than or equal to E]
(A) (B) (C) D = (B - C) (E) (F)
One Partner:
____________ ...........
(Name of Partner)
Each Partner:
_____________ ...........
(Name of Partner 1)
_____________ ...........
(Name of Partner 2)
_____________ ...........
(Name of Partner 3)
All partners ∑ D = Sum of available financial resources net of ∑ D = _______ ...........

combined current contract commitments for all partners
- Note -
Form FIN – 5 is made available for use by the bidder as a self-assessment tool, and by the Employer as an evaluation work
sheet, to determine compliance with the financial resources requirement as stated in 2.3.3. Failure to submit Form FIN - 5
by the Bidder shall not lead to bid rejection.
105
Form EXP – 1: Contracts of Similar Size and Nature
Fill out one (1) form per contract. Each contract shall be supported by documents such as Signed Contract
Agreement, Taking-Over Certificate, Contract Completion Certificate or Performance Certificate.
The exchange rate to be used to calculate the value of the contract for conversion to a specific currency
shall be the selling rate of the Borrower’s Central bank on the date of the contract.
Contract of Similar Size and Nature
Contract No . . . . . . of . . . . . Contract Identification
Award Date Completion Date
Role in Contract  Contractor

 Management
 Subcontractor
Contractor
Total Contract Amount $
If partner in a Joint Venture

or Subcontractor, specify
Percent of Total Amount
participation of total
contract amount
Employer’s name
Address
Telephone number
Fax number
E-mail
Description of the Similarity in Accordance with Criterion 2.4.1 of Section 3 (Evaluation and
Qualification Criteria)
Stage: One-Envelope
106
Form EXP - 2: Experience in Key Activities
Fill out one (1) form per contract. Each contract shall be supported by documents such as Signed Contract
Agreement, Taking-Over Certificate or Contract Completion Certificate.
If complied by Specialist Subcontractor, each Specialist Subcontractor must fill out this form and provide the
Specialist Subcontractor’s name:
Specialist Subcontractor: ___________________
Contract with Similar Key Activities
Contract No . . . . . . of . . . . . Contract Identification

 Management
 Subcontractor
Contractor

contract amount
Employer’s name
Address
Telephone number
Fax number
E-mail
Description of the Key Activities in Accordance with Criterion 2.4.2 of Section 3 (Evaluation and
107
Form EXP – 3: Specific Experience in Managing Environmental, Health and Safety Aspects
Fill out one form per contract.
Joint Venture Partner: _________
1. Key Requirement no 1 in accordance with Criterion 2.4.3 of Section 3: ______________________
Contract Identification
Award date
Completion date
Role in Contract Prime Partner Management Subcontractor
Contractor In JV Contractor
   
Total Contract Amount US$
Details of relevant
experience
Stage: One-Envelope
108
Form EXP – 4: Environmental, Health and Safety Certification
Please provide the following information:
Availability of the following valid ISO certification or internationally - recognized equivalent (equivalency
to be demonstrated by the Bidder), and applicable to the worksite:
[Select the required certifications from belowa]

- Quality management certificate ISO 9001
- Environmental management certificate ISO 14001
- Health and Safety management certificate ISO 45001
a
Depending on the environmental, health and safety issues of the worksite and the type of competition planned (national
or international), the list of required certifications may be restricted to those corresponding to the main issue of the
worksite management or removed altogether.
Form EXP – 5: Environmental, Health and Safety Documentation
Please provide the following information:
Availability of in-house policies and procedures acceptable to the Employer for EHS management:
1. Existence of an Ethics Charter.
2. Existence of a system for monitoring compliance with EHS commitments for the Bidder’s
Subcontractors and all its partners.
3. Existence of official company procedures for the management of the following relevant points:
[Select 3-5 that apply for the worksite from below options- as per Section 2]
-EHS resources and facilities and EHS monitoring system;

- Project Areas management information (base camps, quarries, burrow pits, storage areas);
-Health and Safety on worksites policy and related guidance;
- Local recruitment and EHS trainings of local staff/subcontractors/local partners;
-Community stakeholder engagement practice;
-Traffic management practice;
-Hazardous products management practice;
-Waste management practice;
-Protection of water resources;
-Biodiversity protection practices;
-Site rehabilitation and revegetation practice;
-Local cultural heritage protection practice;
-Erosion and sedimentation practices;
-Control of infectious and communicable diseases (HIV/AIDS, malaria, COVID-19 etc.)
109
Form EXP – 6: Environmental, Health and Safety Dedicated Personnel
Please provide CV [Form PER-2] of the in-house personnel of the main contractor/ Joint Venture partners
for the EHS positions specified in Section 6 (Employers Requirements):
-Environmental Specialist
-Health and Safety Specialist
Stage: One-Envelope
110
Form EXP - 7: Subcontractors
Fill out one (1) form per contract.
Contract for the Major Items
Contract No . . . . . . of . . . . . . Contract Identification

 Management
 Subcontractor
Contractor

contract amount
Employerʼs name
Address
Telephone number
Fax number
E-mail
Description of the Major Items in Accordance with Criterion 2.5 of Section 3 (Evaluation and
111
Section 5: Eligible Countries 5-1
Section 5: Eligible Countries

No nationality restrictions apply, other than any restrictions arising from ITB 4.8.
112
Section 6: Employer’s Requirements 6-1
Section 6: Employer’s Requirements
Table of Contents
1 Scope of Supply of Plant and Services ....................................................................... 6-2
2. Specifications..................................................................... 6-Error! Bookmark not defined.
3. Environmental, Health and Safety Management Requirement ……………….6-4
4. Drawings ...................................................................................................................... 6-5
5. Supplementary Information ......................................................................................... 6-6
6. Certificates ................................................................................................................... 6-7

6.1 Form of Completion Certificate ................................................................................ 6-8
6.2 Form of Operational Acceptance Certificate ............................................................. 6-9
7. Change Orders ............................................................................................................6-10

7.1. Change Order Procedure...................................................................................6-40
7.1.1 General ......................................................................................................6-40
7.1.2 Change Order Log ………………………….…………………………………….6-40
7.1.3 References for Changes……….…………………………………………………6-11
7.2 Change Order Forms .........................................................................................6-41
7.2.1 Request for Change Proposal Form ..…………………………………………..6-41
7.2.2 Estimate for Change Proposal Form ...........................................................6-43
7.2.3 Acceptance of Estimate Form .....................................................................6-45
7.2.4 Change Proposal Form ..............................................................................6-46
7.2.5 Change Order Form ...................................................................................6-48
7.2.6 Pending Agreement Change Order Form....................................................6-49
7.2.7 Application for Change Proposal Form .......................................................6-50
8. Personnel Requirements ............................................................................................6-20
9. Equipment Requirements ...........................................................................................6-21
Bidding Bidding Document for Design, Supply, Erection & Commissioning and O & M of 25/50 kWp Bi-facial Vertical Solar PV along
with Battery Energy Storage System with EV Chargers project Procurement of Plant Single-Stage: One-Envelope
113
6-2 Section 6: Employer’s Requirements
1. Scope of Supply of Plant and Services
6.1 INTRODUCTION TO CONVERGENCE ENERGY SERVICES LIMTED
Convergence Energy Services Limited (CESL) is subsidiary of Energy Efficiency Services Limited
(EESL), a JV of public sector companies under the Ministry of Power, Government of India. Energy
Efficiency Services Limited is the executive agency for this TA-9874 IND program and CESL is
the Implementing and Procuring Agency for this Pilot Program. CESL is focused in delivering
clean, affordable, and reliable energy solutions that enable a faster energy transition. Convergence
Energy Services Limited (CESL) is a critical player working in development of e-mobility ecosystem in
the country. To enable commercialization of these solutions at scale, Convergence employs business
models that utilize blend of concessional and commercial capital, Carbon finance and grants as
appropriate. CESL presently owns and operates one of the largest EV fleets of 2000 cars across all
major states /cities in India. CESL also owns and operates a large EV charger network of more than
~1000 (public and captive) chargers installed across India.
6.2 BACKGROUND
CESL envisages the execution of green energy technologies by way of implementing off-grid Solar
Carport with BESS EV charging across various location in India. This would not only be a leap towards
harnessing the use of renewable energy for EV charging but also be means of self-reliant and
economical expenditure on energy requirement, which would capitalize the abundance of Solar
Energy resource in the region.
The standalone solar powered integrated with Lithium ion battery storage charging stations will ensure
that the EVs driven are completely carbon neutral.
The overall solar PV capacity is described in BOQ in Section 6.4.
Please note separate bids shall be submitted for each Lot.
Figure-1: Indicative scope of tender
6.3 OBJECTIVE OF THE PROJECT
India signed the Paris Agreement in year 2015 and committed to reduce its carbon footprint by 33-
35% below 2005 levels by 2030, along with increasing the share of non-fossil fuel-based electricity
to 40%. This target was further revised to 45% by year 2030 during COP26 Summit held in year
2021. The reduction in GHG emissions both from the energy and non-energy sectors is essential
to meet COP26 target. Further, in its action plan, India intends to build climate resilient urban
114
centres and sustainable green transportation network. India presented the following five nectar
elements (Panchamrit) of India’s climate action:
• Reach 500 GW non-fossil energy capacity by year 2030.

• 50% of its energy requirements from renewable energy by year 2030.
• Reduction of total projected carbon emissions by one billion tonnes from now to year 2030.
• Reduction of the carbon intensity of the economy by 45% by year 2030, over 2005 levels.
• Achieving the target of net zero emissions by year 2070.
Electric Vehicles (EV), as compared to fossil fuel cars, have considerably lower greenhouse gas
emissions that can even be brought down to zero, provided green electricity is used for charging
of EVs’. The standalone system purely utilizes solar power to charge the electric vehicles and
stores the excess energy or the energy generated while the stations are idle in batteries. Thus,
the entire system becomes clean and carbon neutral.
The Asian Development Bank (ADB) has secured a technical assistance (TA) from the Global
Environment Facility (GEF) for India electric mobility (e-mobility) project to enable Government of India
and relevant stakeholders to make the transformative shift to de-carbonize transport systems, catalyse
access to finance for a large-scale adoption of Electric Vehicles across vehicle segments and reduce
air pollution in cities by promoting scale-up of electric mobility in India.
Energy Efficiency Services Limited is the Executing Agency for this TA-9874 IND program and
CESL is entrusted with the responsibility of doing the procurement and monitor the
implementation for this Pilot Program. Convergence Energy Services Limited (CESL), under
Ministry of Power is implementing this program for EESL:
• Enabling scale-up of e-vehicle markets through pilot demonstrations
• Enabling conditions for e-mobility investments created, new business models and charging
infrastructure plans developed at city level
Keeping in view the above, CESL wants to conduct a pilot demonstration program to promote
Solar Powered EV Charging Carport at various locations across the country integrated with
Battery Storage.
6.4 BILL OF QUANTITY
Item Description Quantity
1 2 3
A Battery Energy Storage System Lithium-Ion Battery
Solution (minimum) of (100) kWh with in-built BMS, 4 Sets
HVAC and Fire safety system
Battery Energy Storage System Lithium-Ion Battery 1 Set
Solution (minimum) of (200) kWh with in-built BMS,
HVAC and Fire safety system
B Solar System with capacity of (25) kWp* 4 sets
Solar System with capacity of (50) kWp* 1 Set
C EVChargers for 25kWp (as specified in Section 6.5 ) 4 sets
EVChargers for 50 kWp (as specified in Section 6.5 ) 1 Set
D Enclosure/Insulated cabin with necessary temperature control 4 sets
system, Fire safety for accommodating BESS and Solar
Power Conditioning System for 25 kWp
115
Enclosure/Insulated cabin with necessary temperature control 1 Set

system, Fire safety for accommodating BESS and Solar
Power Conditioning System for 50 kWp
* The no. of panels may vary as per the actual space availability at the end locations with a maximum variation in capacity of ~
+/- 5% is allowed. However, there will be no change in capacity/ quantity of any other component in the entire plant/ system.
6.4.1 DELIVERY LOCATIONS

To demonstrate the Pilot, CESL is planning to install Ten (10) Solar Carport with BESS and EV Chargers
in Government Offices, State Secretariats, Religious places, ULBs and other similar public offices in
Two (2) LOTS at the following locations during the project period (6 Months from Date of LoA).
S. No. Lot 1 Lot 2

1 New Delhi, Delhi Panjim, Goa
2 Chandigarh Trivandrum, Kerala
3 Lucknow, Uttar Pradesh Tirupati, Andhra Pradesh
4 Bhopal, Madhya Pradesh Kolkata, West Bengal
5 Kevadia, Gujarat Port Blair, Andaman & Nicobar Islands
Number of locations may vary by +/-20%.
 CESL will finalize site basis discussion with land owning agency, however feasibility report of the
proposed site along with required technical design would be under the scope of the successful bidder.
 The overall duration on the project is 6 Months from the date of LoA. CESL shall inform all the site sto
succesful bidder in 90 days from date of LOA. The time for completion of each site is 90 days from date
of site allocation. In case of any delay in providing sites from CESL, the timelines shall be extended
based on mutual agreement.
 CESL shall carry out initial discussion with Land Owning Agencies at the above sites and carry out initial
site verification.
 Post LoA, the successful bidder shall have to prepare a feasibility report of the site and submit the same
to CESL
 CESL shall provide the approval for the same and obtain necessary permissions from the land owning
agency for setting up the solar carport at their location.
 The installation and commissioning activities shall commence post signing of agreement between land
owning agency and CESL.
Timelines for Installation and Commissioning

 The succesful bidder shall complete the installation and commissioning within 90 Days from date of site
allocation.
NOTE
Number of locations may vary by +/-20%.CESL reserves the right to change cities from the list of cities
mentioned under each LOT. In case, if any such change is required due to any unforeseen reason,
additional transportation cost may be reimbursed to the successful bidder as per actuals by ADB. The
succesful Bidder is required to provide suitable documentation incurred as an additional transport cost
in case of change of site. CESL shall verify the documentation before releasing any payment.
6.5 SCOPE OF WORK
SoW for Installation of a Solar Carport
116
The successful contractor will Design, engineer, procure & supply equipment and materials,
testing at manufacturers’ works, multi – level inspections, transportation, packing and
forwarding, supply, receipt, unloading and storage at site, associated civil works, services,
permits, licenses, installation and incidentals, insurance at all stages, erection, testing and
commissioning of the following Solar PV Projects and performance demonstration with
associated equipment and materials on turnkey basis with 06 (Six) years comprehensive
operation and maintenance from the date of Operational Acceptance.
(1) Solar carport based on the above-mentioned BoQ in Section 6.4 and specifications in
Section 6.6.
(2) Battery Energy Storage System based on the above-mentioned BoM in Section 6.4 and
specifications mentioned in Section 6.6
(1) Electric Vehicle Chargers
(2) Successful bidder will be provided land on right to use basis for setting up ground mounted
solar projects. Existing rooftop as mentioned in tender document may also be used.
(3) For Carport –
No. of No. of Solar PV BESS Type of EV Chargers at each

Lots Locations Capacity at System at Location
across each each
India location location
(kWp) CCS II AC Type II Bharat
AC 001
(60 kw) (15kw)
(9.9kw)
LOT 1 4 25 100 kwh 1 1 1
1 50 200 kwh 2 2 1
LOT 2 4 25 100 kwh 1 1 1
1 50 200 kwh 2 2 1
Design, Procurement & Supply and Erection
a) Solar panels including module mounting structures and fasteners along with the supply of BESS.
b) All power conditioning systems including junction boxes, Inverters/ PCU, DC and AC circuit
breaker(s).
c) All associated electrical works and equipment required for interfacing line/ cable (i.e. transformer(s)
– power and auxiliary, breakers, isolators, lightning arrestor(s), LT/other panels, protection system,
cables, metering etc., but not limited to) as per technical specifications.
d) Design, supply, erection, testing & commissioning defined in scope of work/ TS as per project
requirement and associated switchgear equipment and metering equipment as per technical
specification and state regulations
e) All associated civil works, including design and Engineering, for: Earthwork for Site grading, cutting,
filling, levelling & compacting, internal Roads, water drainage in the requisite project site as required
for development of this Solar PV Power Plant
f) Construction of Passage for Cleaning of Solar PV Project
g) Construction of rain water drainage, if required
h) Setting up of a comprehensive Fire Protection system as per the Hazardous area classification for
the site
i) Supply of mandatory spares & special tools and tackles
j) Demonstration of performance of the plant as per the requirement specified
k) Comprehensive operation & maintenance of the SPV plant for 06 (Six years)
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l) Obtaining all associated statutory and regulatory compliances, clearances, permits and approvals
for successful construction, commissioning and operation of plant for 6 years.
m) Adequate and seamless insurance coverage during construction and O&M period to cater all risks
(fire & allied perils, floods/water , chemical leakage/exposure, electric shock , short circuit , arc
flashes, earthquake, terrorists, burglary, riots, power output warranty etc) related to construction
and O&M of project to indemnify CESL. In an unlikely event of any accident (including
consequential losses) during construction and O&M period, the same must be the accountability of
the successful bidder and indemnify CESL.
n) Third Party Liability Insurance is also to be provided by the vendor during the warranty period.
o) CPG as mentioned in Section 8
p) Provision for Integration of PV Power with Grid
q) Energy Flow –
Testing Equipment, Tools and Tackles
The Contractor shall arrange for all the necessary testing equipment, tools and tackles for carrying out
all the construction, operation and maintenance work covered under this contract. All the instruments are
required to be calibrated from NABL accredited lab before put in use. The certificate of the same shall
be submitted to CESL for verification.
Data Collection
The successful bidder shall ensure that the Solar Carport system is running as per the specifications
mentioned in the following sections and submit a monthly report during the project tenure to CESL
having the following:
 PCU (AC) Output in kWh

 Energy output from the CCS II, AC Type II and Bharat AC001
 Energy input & output from BESS system
 Any other data deemed necessary
CESL or through its representative may verify the data at any point of time during the project period.
Please note that:
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 Historical data shall be available for download.

 Provision for Internet monitoring and download of data shall be incorporated.
 The vendor shall provide unified portal for the all the data acquisition and parameters.
 Successful bidder shall provide the compiled data in the MIS format as prescribed by CESL
from time to time.
6.6 PRODUCT SPECIFICATIONS
This section has detailed out the product wise specifications which are to be ensured by
the bidder
SOLAR PHOTOVOLTAIC MODULES
The PV modules used should be PID (Potential Induced Degradation) resistant and tested for Durability as
per IEC 62804.
 All the modules used in this contract shall be of Bi-facial Mono-Crystalline Technology Tier-I & certified by
BIS.
 All the modules used shall be equipped with factory made anti–soiling coating. Suitable confirmation
from Module manufacturer to be submitted to CESL at the time of supply of modules.
The PV modules used must qualify to the latest edition of IEC PV module qualification test or equivalent BIS
standards Crystalline Silicon Solar Cell Modules IEC 61215/IS14286. In addition, the modules must conform to
IEC 61730 Part-1: Requirements for construction and Part 2: Requirements for testing, for safety qualification
or equivalent IS.
 For the PV modules to be used in a highly corrosive atmosphere throughout their lifetime, they must qualify
to IEC 61701/IS 61701
 The total solar PV array capacity should not be less than allocated capacity (kWp) and should comprise of
solar Bi-facial mono-crystalline modules of minimum 540Wp and above wattage. Module capacity less than
minimum 540 watts peak shall not be accepted.
 Low voltage drop bypass diodes shall be provided.
 PV modules must be tested and approved by one of the IEC authorized test centers.
 The Dual glass module of frame less type shall be provided by the bidder.
 The bidder shall carefully design & accommodate requisite numbers of the modules to achieve the rated
power in his bid. CESL shall allow only minor changes at the time of execution.
 As per ADB guidelines, an undertaking is to be provided by the successful bidder that NO FORCE
LABOUR OR CHILD LABOUR has been employed in manufacturing of Solar Panels.
 Other general requirement for the PV modules and subsystems shall be the following:
 The rated output power of any supplied module shall have tolerance of + 3%.
 The bidder must ensure minimum panel generation capacity as per Industry standards. CESL can verify
actual generation at any point of time during the entire project tenure.
 The peak-power point voltage and the peak-power point current of any supplied module and/or any
module string (series connected modules) shall not vary by more than 2 (two) per cent from the
respective arithmetic means for all modules and/or for all module strings.
 The module shall be provided with a junction box with either provision of external screw terminal connection
or sealed type and with arrangement for provision of bypass diode. The box shall have hinged,
weatherproof lid with captive screws and cable gland entry points or may be of sealed type and IP-65 rated.
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 I-V (Current – Voltage) curves at STC (standard test conditions) should be provided by bidder.
 Modules deployed must use a RF (Radio frequency) 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).
 Name of the manufacturer of the PV module
 Name of the manufacturer of Solar Cells.
 Month & year of the manufacture (separate for solar cells and modules)
 Country of origin (separately for solar cells and module)
 I-V curve for the module Wattage, Imax, Vmax and FF (Fill Factor) for the module
 Unique Serial No and Model No of the module
 Date and year of obtaining IEC PV module qualification certificate.
 Name of the test lab issuing IEC certificate.
 Other relevant information on traceability of solar cells and module as per ISO 9001 and
ISO 14001
WARRANTIES
 Material Warranty
Material Warranty is defined as: The manufacturer should warrant the Solar Module(s) to be free from the
defects and/or failures specified below for a period not less than Ten (10) years from the date of sale to the
original customer ("Customer")
 Defects and/or failures due to manufacturing,

 Defects and/or failures due to quality of materials,
 Nonconformity to specifications due to faulty manufacturing and/or inspection processes. If
the solar Module(s) fails to conform to this warranty, the manufacturer will repair or replace the
solar module(s), at the Owners sole option,
 Performance Warranty
o The predicted electrical degradation of power generated not exceeding 10% after first ten years’
period of the full rated original output.
o Linear degradation of 1% per annum would be considered for the calculation of electrical parameters.
CARPORT ARRAY STRUCTURE
Bidder shall design & install suitable module mounting structure (MMS) for bifacial modules having sufficient
strength (safe) & stability
 Car Port with single/ multiple pole aesthetic design. Pole and other structure members should be hot
dip galvanized 80 Micron,
 All fasteners to be used of SS304.
 Module mounting to be done with Aluminum clamp and short rail system.
 Walkway along with safety lifeline to be provided for maintenance purpose along with drainage
arrangement of water and Module Cleaning system to be provided at each carport, Module to be used
minimum of 540Wp.
 Grade of concrete to be used Minimum M25 and Minimum ground clearance of Car port should be
12 feet. (May vary by +/- 5%)
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 Car port to be aligned in such a way to absorb maximum sun radiation and PV Syst report to be
submitted.
 PCU to be mounted separately with Proper junction box or housing considering safety and no more
than 2% overall cable losses.
PCU (Power Conditioning Unit) (Carport)

The PCU must comply with the following standards as used in off grid solar PV systems in terms of quality
and safety measures: -
 The power conditioning unit should have MPPT controls for multiple strings. The Individual Inverter
should not be less than 100 kVA (3-phase)
 IEC 62109-1, IEC 62109-2: Safety of power converters for use in photovoltaic power systems - Part
1: General requirements, and Safety of power converters for use in photovoltaic power systems -
Part 2: Particular requirements for inverters. Safety compliance (Protection degree IP 65 for outdoor
mounting, IP 54 for indoor mounting)
 IEC/IS 61683: Photovoltaic Systems – Power conditioners: Procedure for Measuring Efficiency
(10%, 25%, 50%, 75% & 90-100% Loading Conditions)
 IEC 60068-2 (1, 2, 14, 30 & 64): Environmental Testing of PV System – Power Conditioners and
Inverters
The bidder shall use the original parts in case of any fault in the PCU/Inverter during the O&M period of 6
years. In case the original part/parts are not available with the manufacturer of the PCU/Inverter (Based on
certificate from the manufacturer), the bidder shall use the new parts of other standard brands available in
the market or will use the repaired parts but only with the prior permission of CESL
The PCU/ inverters should be tested from the MNRE approved test centers/ NABL /BIS /IEC
accredited testing- calibration laboratories. In case of imported power conditioning units, these should be
approved by international test houses.
 The combined wattage of PCU/inverters should not be less than rated capacity of power plant under
STC (Standard test conditions).
 Maximum power point tracker shall be integrated in the PCU/inverter to maximize energy drawn from
the array.
BALANCE OF ELECTRICAL SYSTEM
 Cables of appropriate size to be used in the system shall have the following characteristics:
o Shall meet IEC 60227/IS 694, IEC 60502/IS1554 standards
o Temp. Range:10oC to +80oC.
o Voltage rating:1100V.
o Excellent resistance to heat, cold, water, oil, abrasion, UV radiation
o Armored cables: All AC cables used in this contract shall be of armored type.
o Sizes of cables between array interconnections, array to junction boxes, junction boxes to Inverter
etc. shall be so selected to keep the voltage drop (power loss) of the entire solar system to the minimum.
The cables (as per IS) should be insulated with a special grade PVC FRLS compound formulated for
outdoor use. FRLS cables shall be usedin all underground areas.
o DC cables manufactured with EBXL & having anti-rodent properties shall be used. The DC cables from
the SPV module array shall run through a UV-stabilized PVC conduit pipe of adequate diameter with
a minimum wall thickness of .5mm.
o Cable Routing/ Marking: All cable/wires are to be routed in a GI cable tray and suitably tagged and
marked with proper manner by good quality ferule or by other means so that the cable easily identified.
o The Cable should be so selected that it should be compatible up to the life of the solar PV panels i.e.
25 years. In three phase systems.
o The ratings given are approximate. Bidder to indicate size and length as per system design requirement.
All the cables required for the plant provided by the bidder. Any change in cabling sizes if desired by
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the bidder/approved after citing appropriate reasons. All cable schedules/layout drawings approved
prior to installation.
o Multi Strand, Annealed high conductivity copper conductor with XLPE insulation. Overall PVC/XLPE
insulation for UV protection Armored cable for underground laying. All cable trays including covers to
be provided. All cables conform to latest edition of IEC/ equivalent BIS Standards as specified below.
Cables for AC power from inverters to AC combiner Box shall be of Copper conductor only however,
cables from AC combiner box to ACDB to LT Panel of CESL can be of Aluminum conductor.
o PVC/XLPE insulated cables for working Voltage up to and including 1800 V,UV resistant for outdoor
installation IS /IEC 69947.
o The size of each type of DC cable selected shall be based on minimum voltage drop however;
the maximum drop shall be limited to 2%.
o The size of each type of AC cable selected shall be based on minimum voltage drop however;
the maximum drop shall be limited to 2%.
o Separate cable trays to be laid for AC cables and separate GI conduits/ Cable Tray to be provided for
DC cables.
 DC Distribution Box (DCDB)
Supply and Erection of DC Distribution Box (DCDB). Supply of appropriate size cables as per the standards
and erection at each site. This includes module interconnection cables, cables from SPV array to DCDB.
 AC Distribution BOXE (ACDB)

AC DISTRIBUTION PANEL BOARD (ACDB)
 AC Distribution Panel Board (ACDB) shall control the AC power from PCU/ inverter, and should
have necessary surge arrestors. Interconnection from ACDB to mains at LT Bus bar while in
grid tied mode. All switches and the circuit breakers, connectors should conform to IEC 60947,
Part I, II and III/ IS60947 Part I, II and III. All cables shall be terminated onto a Bus bar by means
of suitable MCB/MCCB.
 The changeover switches, cabling work should be undertaken by the bidder as part of the
project.
 All the Panel’s shall be metal clad, totally enclosed, rigid, floor mounted, air - insulated, cubical
type suitable for operation on three phase 415 volts, 50 Hz
 The panels shall be designed for minimum expected ambient temperature of 50degrees
Celsius, 80 percent humidity and dusty weather.
 All indoor panels will have protection of IP54 or better. All outdoor panels will have protection of
IP65 or better.
 Cable alley design needs to be compatible to allow easy access depending upon the number
of AC Cables into the panel. Minimum width of cable alley shall be 300 mm. Location of bus
bars should be such so as to avoid any overlapping/looping of cables in the panels.
 Connections of cable with the bus bars should be properly tightened and check nuts must be
provided to avoid any possibility of loosening of connections.
 Bare/exposed portion of terminal/cables should be covered with appropriate sleeves instead of
wrapping insulating tape.
 Should conform to Indian Electricity Act and rules (till last amendment).
 All the 415 Volt AC or 230 volts devices / equipment like bus support insulators, circuit breakers,
VTs etc., mounted inside the switchgear shall be suitable for continuous operation and
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satisfactory performance under the following supply conditions
Variation in supply voltage +/- 10 %
Variation in supply frequency +/- 3 Hz
 CABLE TRAY
All the Solar DC Cable of +ve and -ve string shall be laid in covered Cable Tray of minimum size of 50/75
mm width by using DWC Conduit pipe and AC cable shall be laid through existing Cable route under the
viaduct. The typical fixing arrangement of cable tray is shown in Section VII.
MODULES CLEANING SYSTEM
 The developer should design & install suitable module cleaning system after approval of layout by
CESL.
The minimum requirement
 Water Pipeline
Material :High Grade UV resistant CPVC pipe

Length :Approx. 360m
Min Thickness :3.7mm
Diameter :25 mm (minimum)
 Motor & Pump
Litters per minutes (LPM) : 95

Head (F) upto : 20
Pressure (PSI) : 40
 NON-Return Valve
Non-return valve shall be installed to prevent the back pressure of water once the pump shuts down. This
device should be installed at the delivery of the pump.
 WATER COLLECTION TRAY
 The Bidder shall install Water Collection Tray on outer side of Via-duct of minimum 150 mm width along
with Water discharge arrangement.
 Water collection tray shall be GI coated.
DATA ACQUISITION SYSTEM / PLANT MONITORING
 Data Acquisition System

 Data Acquisition System shall be provided for each of the solar PV plant.
 Data Logging Provision for plant control and monitoring, time and date stamped system data
logs for analysis with the high quality, suitable laptop. Metering and Instrumentation for display
of systems parameters and status indication to be provided.
 Solar Irradiance: An integrating Pyranometer & Albedo meter (Class II or better, along with
calibration certificate) provided, with the sensor mounted in the plane of the array readout
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integrated with data logging system.

 Temperature: Temperature probes for recording the Solar panel temperature and ambient
temperature to be provided complete with readouts integrated with the data logging system
 Wind: Wind sensors for recording wind speed to be provided at sites.
 All the above sensors shall be installed at locations as specified / decided by bidder.
 The following parameters are accessible via the operating interface display in real time
separately for solar power plant:
 AC Voltage.
 AC Output current.
 Output Power
 Power factor.
 DC Input Voltage.
 DC Input Current.
 Time Active.
 Power produced
 Protective function limits (viz. AC Over voltage, AC Under voltage, over frequency, under
frequency, ground fault, PV starting voltage, PV stopping voltage, over current, short circuit
etc.
 PV array energy production: Digital Energy Meters to log the actual value of AC/ DC voltage, Current &
Energy generated by the PV system provided. Energy meter should be of 0.5s accuracy class with
CT/PT of same accuracy class.
 String and array DC Voltage, Current and Power, PCU 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) and frequency shall be Solar Radiation and Environment Monitoring System
o Solar radiation and weather monitoring system (WMS) shall be installed along with the solar PV
power plant.
o The system shall consist of various sensors, and remote monitoring.
o Solar PV module back surface temperature shall be also monitored on continuous basis.
o Simultaneous monitoring of DC and AC electrical voltage, current, power, energy and other data of the
plant.
o Solar radiation and weather monitoring system (WMS) shall have real time clock, internal reliable
battery backup and data storage capacity to record data round the clock for a period of min. 1 Month.
Cloud data storage should be available for 1 year.
o The data file should be MS Excel compatible. All instantaneous data shall be shown on the computer
screen.
o Historical data shall be available for download.
o Provision for Internet monitoring and download of data shall be incorporated.
o The vendor shall provide unified portal for the all the data acquisition and parameters.
 METERING
Metering panel (0.5S class) shall be installed for Power output measurement from Solar Plant
 SURGE PROTECTION
Internal surge protection should be provided through SPD.
 EARTHING PROTECTION
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o Each array structure of the PV yard should be grounded/ earthed properly as per IS: 3043-1987.
In addition, the lighting arrester/masts should also be earthed Earth Resistance shall be tested
in presence of the representative of CESL as and when required after earthing by calibrated
earth tester. PCU and ACDB should also be earthed properly.
o Earth resistance shall not be more than 5 ohms. It shall be ensured that all the earthing points
are bonded together to make them at the same potential.
 DC PROTECTION
o An inline fuse shall be provided at the end of positive terminal of the first module of each string,
to ensure protection from High DC voltage in case of fault.
 CONNECTIVITY
The maximum capacity for interconnection with the grid at a specific voltage level shall be as specified in
the Distribution Code/Supply Code and amended from time to time. However, in this project415 V-Three
Phase will be followed for selection of voltage level in the distribution system
TECHNICAL SPECIFICATION OF BATTERY ENERGY STORAGE SYSTEM

i. Battery Technology: Lithium ion battery technology with totally maintenance free characteristic
suitable for operation in site-specific climatic conditions
ii. Rated No of Cycles (Minimum): 4000 cycles at rated energy capacity at 1C. Self-Certification to be
provided for the same for the project period.
iii. Minimum 4000 cycles/ 6 Years warranty which ever islater shall be provided by the vendor.
iv. Power Rating (Carport): Lot 1 and 2 – 100kWh and 200kWh as per the location. (minimum, including
Depth of Discharge and degradation)
v. Watt-hour rating: Dispatchable capacity shall not be less than 80% of initial capacity up to End of
Battery Life.
vi. System ac-dc-ac efficiency: > 85%
vii. Charge – Discharge Cycles: One discharge cycle per day is envisaged overall
viii. Ventilation System inside the Container: Should be such as to maintain minimum and maximum
Temperature as recommended by the manufacturer for optimum performance of the batteries on
continuous basis.
TECHNICAL SPECIFICATIONS OF CHARGER
EV Charger powered from the designed off-grid plant having following specification;
Fast Charger Slow Charger

Charger Type DC CCS II Type 2 - AC AC - 001
(60 kW) (15 kW) (9.9kW)
Power Rating (Each Gun) 30 kW 7.4 kW 3.3 kW
No. of Guns/Connectors 2 2 3
200-750 or
Rated Voltage 230V 230V
higher
System Structure DC- CCS-II
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a) Regulation: Regulated DC EV Charging station with combination of the modes: controlled

voltage charging (CVC) and controlled current charging (CCC)
b) Isolation: Isolated DC EV charging station, according to the type of insulation between input
and output: a) Double insulation
c) Environmental conditions: Outdoor use. EVSEs classified for outdoor use can be used for
indoor use, provided ventilation requirements are satisfied.
d)
Power supply: AC mains to EVSE charging station
e)
DC output voltage rating: 200-750V or higher
f)
Charge control communication: Communicate by digital and analog signals
g)
Output Current: 200A DC
h)
Interface Inter-operability
Input Requirements
a) Rating of the AC supply voltage
1. The AC supply system would be 3-Phase, 5 Wire AC system (3Ph+N+E) Nominal Input
Voltage is 415V (+15% and -15%). There shall be provision in the charger to set the input
voltage range to ±20% of nominal input voltage.
2. The Rated value of the frequency is 50 Hz ± 1.5Hz.
b) Battery back-up: The Input supply system should have a battery backup for minimum 1 hour for
control and billing unit. The battery should be of high quality, and shall have a life of 10 years.
The data logs should be synched with CMS during back-up time, in case battery drains out.
 Output Requirements
The CCS 2.0 chargers should allow charging of vehicle with power of 60kW.
a) DC Output voltage: 200-750V or higher

a) Output current: 100A
b) Converter Efficiency: > 95% (10-100% load) for Input Voltage Range (415V ± 15%)
c) Power factor: > 0.98 (Full Load) for Input Voltage Range (415V ± 15%)
d) Current & Voltage THD < 5% for Input Voltage Range (415V ± 15%)
e) The standby power of charger shall be <50W.
The AC Type II chargers should allow charging of vehicle with power of 7.4 kW.
a) Charging Power: 7.4 kW (1-ph),
b) AC Output: 150 – 270 Vac (L – N) / 340 – 460 Vac (L – L)
c) Connection point: Type-2 socket (IEC 62196-2)
d) Mode of Charging: Mode-3 Max.
e) AC Output Current: 32 A (7.4 kW)
The Bharat AC 001
a) Capacity - 9.9KW AC / 15 A (max) per Socket,

b) Input AC 3 Phase 415V
c) Output AC 3 Sockets @ 230V / 15A
d) Connector – Industrial Socket as per IEC 60309 – Qty. 3
 Cable Requirements
Charging Cable Assembly: The functional characteristics are defined below
a) Functional characteristics: The maximum usable cord length will be 5000mm, straight cable
b) Cable Connection Type: supply cable will be with EVSE as per Case C defined in section 6.3.1
of IEC61851-1.
c) Connector must be in accordance with IEC 62196-3 with a voltage range upto 1000V (DC). DC
connector must have silver-plated power contact with replaceable mating frame for
replacement of only plastic frame and have two temperature sensors for measurement of
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temperature for both the power contacts (DC+ and DC-). Connector must fulfill IATF 16949
automotive standard and ISO 9001 must be tested by ARAI as Indian atmospheric condition
or at an ambient temperature of 50degC.
d) The charging gun must have a feature to sound an loud alarm in case of any tampering done
on the charging cable and the gun must be tampered proof.
e) Cord Extension Set: No extension cord to be used
f) Adaptors: No adapters to be used
g) Storage means of the cable assembly and vehicle connector: EVSE should have storage for
cable and connector when not in use, at a height between 0.4m to 1.5m above ground level, as
per IEC 61851-23 Section 101.1.3
Internal Cables: The functional characteristics are defined below

a) the cables should be of FR grade
b) Copper conductor has to be used in power cables & control cables. Conductors shall be
stranded.
 Environmental Requirements
a) Ambient Temperature Range: -20°C to 55°C (Charger unit must be tested by ARAI/ICAT
at specified temperature range for 8 hours at full load CC at 200A, 415V -15% Voltage)
b) Ambient Humidity: 5% to 95%
c) Ambient Pressure: 86 kpa to 106 kpa as
d) Storage Temperature: -20°C to 60°C (Charger unit must be tested by ARAI/ICAT at
specified temperature range)
 Mechanical Requirements
a) Ingress Protection: The minimum IP degrees for ingress of objects is IP 54 or higher
b) Mechanical Impact: As per IEC 61851-1 Section 11.11.2. The same impact conditions are
applicable for charger display also. The bidder must produce the ARAI/ICAT test report
for mechanical impact testing on display screen also)
c) ARAI tests for mechanical imapct testing on the charger as a whole is accetable however, the
technical specification of display shall remain as per above clause
d) Mechanical Stability: As per section 11.11.2 of IEC 61851-1
e) Cooling: Air cooled or forced cool for protection and safety of equipment from any fire hazards.
f) Floor Mount Pillar Type arrangement for stand-alone CCS2 (50kW) charger.
g) Locking Arrangement: Three-point key lock key arrangement or better arrangement AND pad
lock arrangement with supply of pad-lock of minimum 8mm shackle thickness with minimum 2-
key arrangement.
 Protection Requirements
a) Surge Protection Device Class C
The Sub-panel must be protected with Type-2 SPD, MoV and GDT based device in
accordance with IEC 61643-11. SPD should be pluggable type (both L-N & N-PE) for ease of
maintenance and have optics indication for fault detection along with remote monitoring
feature. SPD shall have surge handling capacity of (8/20us) – 20kA nominal and 40kA
maximum. Device must have third-party certification From accredited lab.
b) Protection against Electric Shock: As per IEC 61851
c) Effective earth continuity between the enclosure and the external protective circuit, As per IEC
61851
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 Specific Requirements
EVSE shall have provision of emergency switching, protection against uncontrolled reverse
power flow from vehicle, Output current regulation in CCC, Output voltage regulation in CVC,
Controlled delay of charging current in CCC, limited periodic and random deviation (current
ripple) and limited periodic and random deviation (voltage ripple in CVC), as per Section 102.2
of IEC 61851-23.
The specific requirements defined in Section 102.2 of IEC 61851-23 except for the functions
provided with descriptions:
a) Rated outputs and maximum output power: The clause from Section 101.2.1.1 of IEC 61851- 23
is applicable except for the ambient temperature range to be -20 °C to 55 °C for Indian climatic
conditions.
b) Descending rate of charging current: In case of normal condition, EVSE should be able to reduce
the descending current at a rate of 100A per second or more as per Section 101.2.1.4 IEC 61851-
23.
c) Load dump: In any case of load dump, voltage overshoot shall not exceed 110% of the
maximum voltage limit of the battery systems, as per Annex BB 3.8.3 of IEC61851-23.
d) EMI/EMC as per IEC 61000 for the complete unit
e) The charger should have inbuilt functionality to store the charger down time logs for at least 6
months. These logs should clearly specify the nature of down time i.e. either due to mains power
failure, SPD failure or emergency condition or etc. The charger should be capable to transmit
the same data to the CMS.
 Functional Requirements
The functional requirements should be as per Section 6.4.3 of IEC 61851-1 and Section 6.4.3 of
IEC 61851-23 except for the following functions, to be implemented as follows.
a) Measuring current and voltage: The accuracy of output measurement of system B shall be
within the following values:
1. Voltage measurement: ± 0.2% > 50V, ±0.5% <50V
2. Current measurement: ±1 A
b) The charger should have the power limiting option, settable from display UI and CMS also. The
option should have setting to set the power ranging from 25kW to 50(60kW) for individual gun
and both guns also.
 Communication Requirements – EVSE Communication

The EV-EVSE communication would be as follows:
 PLC Communication
 EVSE – CMS Communication

The EVSE should be able to communicate with CMS using Open Charge Point Protocol (OCPP)
1.6 or higher versions compatible to OCCP 1.6 & should be upgradable to OCPP 2.0 or any
future protocol.
 Communication interface: Reliable Internet connectivity & communication between charger &
CMS should be over secure protocol.
 Should enable handshaking between EVSE and CMS for its discovery, firmware version, vendor
Version, vendor etc. It should authorize the operation, before electric vehicle can start or stop
charging. EVSE should respond to CMS for the queried parameters. Reservation, cancellation
addition and deletion of EVSE should be possible from CMS.
 Metering: Grid responsive metering as per units consumption of the vehicle. The
monthly/quarterly total units consumed by charger meter should match. In case of deviation the
bidder should coordinate with the Central monitoring station/system (CMS), CESL and the
bidder should resolve the mismatching issue.
 Should be upgradable to next higher version of OCPP by bidder whenever it is released.
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 WebSocket implementation should be compatible with OCPP 1.6,

 The charger shall be equipped with a modem (with minimum one(1) SIM slot) to communicate
with the CMS
o Reliable Internet Connectivity
o The SIM shall be in CESL’s scope and Modem shall be in bidder’s scope.
o 2G, 3G and 4G cellular network support
o Auto fall back operation 4G to 3G or 2G and vice versa
o SIM Make Support: Airtel, Vodafone, Idea, Jio, BSNL
o SIM Support: m2m type
o SIM Size: Standard
o Antenna band: As per Indian Standard
o Auto-Reboot via SMS and Timing
o In case of poor connectivity, modem should be capable of rebooting itself so as to
re- establish charger-CMS communication.
 Other Requirements:
o PCB/PCA/Card/rectifier replacement notification to be transmitted to CMS through
Status Notification packet.
o All charger related events/faults with valid fault code should be transmitted to CMS
through Status Notification packet.
o Smart Profile function required
o Length of alpha-numeric charger ID: 25
o Charger should have the capability to transmit all the transactional messages to
the server in case of power fail event or modem/controller failure
o Charger should transmit all the error codes with description for all the faults that may
occur during operation. In case of failure to start a charging session or a trip
session,
error code should tell the reason for the trip/stopped session. The reason should not
be generic but self-explanatory so that necessary action can be taken to rectify the
issue.
o Charger should support proper diagnostic logging so that any error in the charger can
be easily analyzed using diagnostics logs.
o Apart from the complete OCPP profile some additional features might be required for
public operations like:
o VIN transfer from charger to vehicle during charging session (where supported in the
hardware protocol)
o One-time OTP support for offline operation (remote area support). Charger should
support storing of list of OTP’s with expiry date (similar packet as supported in OCPP
1.6J for Send local List profile) with the only exception that the charger should allow
charging only once for one OTP.
o All three systems under the package need to be synced with each other by any mode
of communication. Remote Monitoring system should maintain log of at least last 30
days
o Requirement of solar data monitoring is enclosed under and required of EV charger
monitoring shall be as per OCPP 1.6 (All profiles: • Core, Firmware Management, Local
Auth List Management, Reservation, Smart Charging, Remote Trigger)
 Integration with CMS platform

the charger should be compatible with interfacing with CESL’s CMS and ‘User App’
a) metering for Billing: Based on grid/ off grid responsive metering
b) Metering: As per Indian metering standard
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 User Interface and Display Requirements

1 ON- OFF (Start-Stop) Mandatory, Only touch/switch is preferred. Key type lock is not
switches preferred.
2 Emergency stop switch Mushroom headed Push button type, latchable type in Red Color,
visible
and shall be protected by freely floating transparent acrylic sheet
3 Visual Indicators Error indication, Presence of input supply indication, State of
charge process indication and other relevant information
Minimum 7” inches with 720 x 480 pixels TFT LCD Screen, user
4 Display interface with capacitive touch screen or keypad. The display
screen shall be clearly visible from a minimum distance of 10
meters in all climatic conditions. The Font shall be visible from a
minimum distance of 1 meter from the charger.
Toughened unbreakable glass for to be used for display screen.
Any damage to display whatsoever shall be replaced by suppliers
during the warranty period. (IK 8 Protected)
5 Support Language English (with provision for additional regional languages
including Hindi and regional language).
6 Display Messages EVSE should display appropriate messages for user during the
various charging states like:
Suggestive sequence of charger operation Vehicle plugged in /
Vehicle plugged out Duration since start of charge, kWh
consumed. User authorization status
Idle / Charging in progress: SOCFault conditions
Metering Information: Consumption UnitsStandby losses:
Consumption Units
7 User Authentication As per OCPP (through mobile application). OCPP gives only a
mandate
field, media to be used is open.
Authentication to be done. Charging starts only
after user
authentication is successful.
8 End of Charging Once the charging stops, the connector shall be released only
after successful payment receipt / acknowledgement is received.
Miscellaneous Requirements
1 Labels and Stickers The labels and stickers should be UV and weather proof and shall
not be degraded temperature. The life expectancy shall be of 10
years
2 Modem The modem shall be kept inside the charger unit. The bidder has
to ensure the design to avoid signal losses inside the charger
cabinet.
3 Smoke Sensor In case of any fire/smoke condition, the controller shall generate a
fault and stop the charging and isolate the input power supply from
the rest of charger. The bidder has to make sure that the
smoke sensor shall not generate any false alarm due to external
dust in case of weak IP protection of charger unit.
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4 Meter Box cum The bidder has to provide one meter box cum power distribution box
Distribution box for housing energy meter and incomer MCB/MCCB
The meter box should be IP55 rated minimum and should be

provided with 5x7” acrylic sheet, pad lock arrangement with pad lock
supply of 6mm shackle thickness of minimum 2 – key lock
arrangement.
5 Labelling for Operational The operational charging steps must

Charging Steps & Charger have been listed on the charger on
Branding metallic plate in both English & Hindi.
The charger branding details shall be
approved by CESL after submission of
charger drawings to CESL. Charger
branding design for reference is given
below. It is bidder’s responsibility to get
the final drawing approved from CESL
before supplying of charger.
Civil Structure:
 Conducting geotechnical investigation and topographical survey of the given area

 Earthwork for site grading, cutting, filling, levelling & compaction of land.
 Construction of foundation for mounting structures whether roof top or carport or groundmounted
for SPV panels
 Laying of underground / over ground cables (all types, as applicable) with proper arrangements
Suitable earthing for plant along with earth pits as per standards
Warranty of Entire System
 Solar PV Modules Warranty: PV modules must be warranted with linear degradation rate of power
output except for first year (maximum 3% including LID) and shall guarantee 80% of the initial
rated power output at the end of 25 years. The modules shall be warranted for at least 10 years
for failures due to material defects and workmanship. The mechanical structures, electrical works
and overall workmanship of thesolar power plants must be warranted for a minimum of 6 years.
The PCUs installed in the solar power plant must have a warranty for 6 years. Defect liability will
be for a period of 6 years fromthe date of operational acceptance.
 BESS System Warranty: The bidder shall provide a warranty for the entire BESS and its constituent
equipment. the bidder shall provide an unconditional, 6 (six) -year parts and labour warranty on
all BESS equipment including battery. The warranty shall guarantee the availability of battery
replacements delivered to the site within 2 weeks of notification during the battery warranty period.
 EV Chargers Warranty: The Successful Bidder shall ensure a warranty period of six (6) yearsto
ensure trouble free services and supply of components of charger. The Successful Bidder should
ensure availability of all spares and components required for the charging stations infrastructure
for at least 10 years which may be procured against cost after expiry of warranty period. All internal
& external equipment such as display screen, Surge Protection Devices, Meter Box, Internal
controllers, meters, Internal backup battery and other necessary equipment’s as well should be
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covered in the warranty.
Operation and Maintenance
 The selected bidder/s shall provide O&M for a period of 6 Years from the date of commissioning. The
O&M cost shall be borne by the bidder and should be included in the BOM.
 The bidder shall submit a CPG of 10% of the total project value to CESL at the beginning of the project.
 The O&M may be extendable after the asset is transferred to the end user. It is at the sole discretion of
the end user to extend the services of the selected bidder/s for continuing the O&M at appropriate
market rate at that point of time.
 CESL shall not be responsible after the project duration (6 Years)- (5 Years Asset would be with CESL
and the same shall be transferred to the end user at the beginning of the 6th Year). The Bidder shall
continue to provide O&M till the end of 6th Year.
Maintenance of the System
 Total Operation & Maintenance of the SPV Plant i.e. 06 years from the date of commissioning shall be
with the bidder, after operational acceptance of the plant till culmination of the O&M period
 Procurement of spare parts, overhaul parts, tools & tackles, equipment, consumables, etc. required for
smooth operation and maintenance of the plant as per prudent/ standard utility practices
 Continuous monitoring the performance of the Solar Power Plant and regular maintenance of the whole
system including PV modules
 Whenever a fault occurs, the bidder has to attend to rectify the fault & submit a report in 12 Hours to
CESL and the fault must be rectified within the 24 hours from the time of occurrence of fault. Apart from
this all the measures/guidelines mentioned under maintenance subsection shall be followed.
Maintenance for Solar + BESS

 The contractor shall prepare the preventive maintenance schedules and attend to the breakdowns
keeping in view that the plant availability is always more than 98% and targeted/ claimed energy
generation can be achieved.
 The contractor shall carry out the periodical/ plant maintenance and perform minimum two certified
services per year.
 Maintenance of other major equipment involved in SPV based Power Plant are SPV (SPV) Modules,
Battery energy storage, Power conditioning Unit, Data logger, Module Mounting Structures, Cables and
hardware’s, Junction box and Distribution boxes, Earthing kit, and accessories etc. switchgears and
metering panel. Particular care shall be taken for outdoor equipment to prevent corrosion. Cleaning of
the SPV modules every 15 days’ interval (2 times/month) or whenever necessary. Resistance of the
earthing system as well as individual earth resistance is to be measured and recorded at required
interval as per normal practice. If the earth resistance is high suitable action is to be taken to bring down
the same within the limits.
 Please clearly note that necessary maintenance arrangements for cleaning/ washing of SPV modules
shall be done by contractor free of cost. All materials/ equipment shall be arranged for washing &
cleaning by the contractor permanently/ whenever necessary free of cost.
 The contractor will develop necessary CPVC pipe line network with necessary valves at the regular
intervals which will cover all modules to improve the cleaning efficiency at all the solar carport as well
as rooftop power plants.
 A maintenance record is to be maintained by the contractor 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 etc.
 The Contractor shall deploy enough manpower at SPV based Power Plant site to carryout breakdown
and preventive maintenance schedules as specified. Successful bidder is required to ensure sufficient
manpower for trouble free operation and maintenance of the complete package
 I.e. solar PV, BESS and EV chargers.
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The Contractor will attend to any breakdown jobs immediately for repair/ replacement/ adjustments and
complete at the earliest working round the clock.
 The Contractor shall immediately report the accidents, if any, to the Engineer In charge & to all the
concerned authorities as per prevailing law of the state showing the circumstances under which it
happened and the extent of damage and/ or injury caused. Maintenance contractor would be solely &
fully responsible/ liable to pay for any losses/ damages/ claims, etc.
 The Contractor shall comply with the provision of all relevant Acts of Central or State Governments
including payment of Wages Act 1936, Minimum Wages Act 1948, Employer’s Liability Act 1938,
Workmen’s Compensation Act 1923, Industrial Dispute Act 1947, Maturity Benefit Act 1961, Employees
State Insurance Act 1948, Contract Labour (Regulations & Abolishment) Act 1970 or any modification
thereof or any other law relating whereto and rules made there under from time to time.
 The contractor shall at his own expense provide all amenities to his workmen as per applicable laws
and rules.
 The Contractor shall ensure that all safety measures are taken at the site to avoid accidents to his or
his Co-contractor or people around the premises.
 If in the event of negligence or mal-operation by the contractor’s workmen, any failure of equipment
take place such equipment should be repaired/ replaced by contractor at free of cost.
TOOLS & TACKLES AND SPARES
After completion of installation & commissioning of the power plant, necessary tools & tackles shall be
maintained by the bidder for maintenance purpose.
A list of requisite spares in case of PCU/inverter Junction Boxes. Fuses, , MCCBs etc. along with spare set
of PV modules be indicated, which shall be maintained. A minimum set of spares shall be maintained in the
plant itself for the entire period of warranty and Operation & Maintenance which upon its use shall be
replenished.
o DANGER BOARDS AND SIGNAGES
Danger boards should be provided as and where necessary as per IE Act. /IE Rules as amended up to date.
Three signage’s shall be provided one each at battery –cum- control room, solar array area and main entry in
to the area. Text of the signage’s may be finalized in consultation with CESL.
o FIRE EXTINGUISHERS
The firefighting system for the proposed power plant for fire protection shall be consisting of Portable fire
extinguishers for fire caused by electrical short circuits and sand buckets. The installation of Fire Extinguishers
should confirm to TAC regulations and BIS standards.
o DRAWINGS & MANUALS
Three sets of Engineering, Electrical drawings and Installation and O&M manuals are to be supplied. Bidders
shall provide complete technical data sheets for each equipment giving details of the specifications along with
make/makes in their bid along with basic design of the power plant and power evacuation, synchronization along
with protection equipment.
Approved ISI and reputed makes for equipment be used.
For complete electro-mechanical works, bidders shall supply complete design, details and drawings for
approval to CESL before progressing with the installation work.
o PLANNING AND DESIGNING
Developer will submit to CESL all Structural, Electrical and all other drawings and designs relating to this solar
power project
 The bidder should carry out Shadow Analysis at the site and accordingly design strings & arrays layout
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considering optimal usage of space, material and labor. The bidder should submit the array layout
drawings along with Shadow Analysis Report to CESL/Owner for approval.
 CESL reserves the right to modify the landscape design, Layout and specification of sub-systems and
components at any stage as per local site conditions/requirements.
 The bidder shall submit preliminary drawing for approval & based on any modification or
recommendation, if any. The bidder shall submit three sets and soft copy in CD of final drawing for
formal approval to proceed with construction work.
o DRAWINGS TO BE FURNISHED BY BIDDER AFTER AWARD OF CONTRACT
The Bidder shall furnish the following drawings after Award/Intent and obtain approval:-
 General arrangement and dimensioned layout. Schematic drawing showing the requirement of SPV
panel, Power conditioning. Unit(s)/ inverter, Junction Boxes,AC and DC Distribution Boards, meters etc.
 Structural drawing along with mounting details of the structure.
 Itemized bill of material for complete SPV plant covering all the components and associated
accessories.
 Layout of solar Power Array.
 Shadow analysis of the area.
 Guaranteed Technical Particular (GTP) of Solar PV modules, inverters, Remote monitoring system, DC
cables, AC cables, Junction Box.
SAFETY MEASURES
The bidder shall provide the safety compliance certificates as per defined standards of all the
components post installation. Safety parameters including fire safety, water safety , electrical safety ,
chemical safety , mechanical safety , structure/civil work safety etc. The bidder shall take entire
responsibility for electrical safety of the installation(s) including connectivity with the grid and follow all the safety
rules & regulations applicable as per Electricity Act, 2003 and CEA guidelines etc.
 Safety at site
o One safety engineer to be deployed in this project and penalty for not following safety is as follows: -
 Bidder shall engage one qualified safety engineer at the site, to ensure safe work environment during the
execution stage of work.
 If found, that Safety Engineer is not available at site suitable penalty of Rs. 1000/- (Rupee One Thousand
Only) shall be imposed per violation/instance on solar developer after issuing of first warning.
o Any Hot Works at site shall not be allowed.
o Safety Document Format
 Bidder shall mandatorily conduct an overall safety analysis of all the execution sites and submit safety report to
mitigate the probable hazards during the execution of work and shall ensure their compliance at site.
 The safety report thus prepared shall be submitted to CESL for the approval of CESL safety wing.
o Uniform of workers &I-card
 Solar developer shall mandatorily issue I-cards to all the workers engaged for work, the details of the same shall
be submitted to CESL to ensure controlled access.
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 All the workers shall be provided with uniforms, if found not complied suitable penalty of Rs. 1,000/- (Rupees
One Thousand Only) shall be imposed after issuing of first warning for each instance for each worker.
o Life-line runners
 The solar developer shall provide at least 2 lifeline runners during the installation of lifeline. If found not compliant
suitable penalty shall be imposed.
o Fall arrester design
 As per site requirement, at times bidder m ay have to install Fall arrester and safety net to ensure safe
working, the design of Fall arrester and specifications of safety net to be installed shall be submitted to CESL
for review & approval prior to start of work to ensure uniformity of design and safety of worker during execution.
o Crane/Hydra certificate
 To ensure safe material handling and movement at the site, the bidder shall mandatorily submit max loading
certificate of Hydra and its instructor license before start of material handling work.
 Bidder shall prepare site specific method statement which shall include the placement of hydra/crane,
calculations establishing the safe operation of hydra for this particular site based on loading curve of the boom
of hydra etc.
 The Bidder(s) shall ensure that all information security aspects are exercised tested, implemented and
where necessary enhanced and not diluted at any point of time.
 The uptime of the charger shall be monitored and logged by the CESL’s CMS platform.
 The bidder(s) must compulsorily submit type test reports, interoperability testing certificate andcertificates
conforming to all the technical specifications of CESL for EV chargers from the recognized certification agencies
such as ARAI, ICAT or equivalent international certification agencies, at the time of bidding. In the case of non-
availability of the ARAI/ICAT, type test reports and conformance certification at the time of bid, the bidder may
submit international third party approved lab test reports and conformance certification for the offered chargers,
basis which letter of intent (LoI) shall be issued. The successful bidder(s) MUST submit the ARAI/ICAT type test
reports and certifications conforming to the specification before issuance of Letter of Award.
NOTE: Any international/Indian test report/certifications must contain name of the manufacturer, manufacturing
address of the bidder and contact details of the testing lab. If there is an anomaly in the submitted versus actual
report, the bidder shall be outrighty rejected.
o Hood canopy structure on the top of the EV Charger with LED panel lights for illumination during evening
hours. An auto day-light sensor enabled or remotely through ON/OFF using GPRS. Hood canopy
structure should be having three side walls (right, left and rear) of 8mm acrylic sheet, a small acrylic
sheet on the top front side of hood structure. Hood structure should be supplied with pre-branding
as approved by CESL. The hood canopy structure should be painted & rust free. Proper wiring conduits
or channels should be used to avoid the theft of electricity. LED panel lights should be 12V/24V DC
operated & will be powered from the EV charger.
o The hood canopy design shall be approved by CESL and may vary as per charger type & site
requirement.
o Bollards around each EV station to protect chargers from vehicle impacts, concrete/MS painted bollards
as per site requirement should be used of appropriate thickness (atleast 5 inches) . Minimum four
bollards should be used at the front/side/rear of chargerMeter box with MCCB/MCB with necessary CTs,
meter stand/wall & foundation worksfor meter box.
o Vehicle parking space marking is in the scope of bidder. Each charger shall have space for parking
for minimum two (2) vehicles. The bidder should paint the entire space of parking either with epoxy
paint or rubber paint having life of minimum 10 years. In case of soft soil and floor paint is not possible,
only then the bidder should supply hording panel for marking the EV space. The bidder should visit the
sites during survey to ascertain the requirement of paint/hording board. The designs for vehicle space
marking/hording design shall be approved by CESL. The designs are shown below for reference.
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o All charger power connections from BESS/inverter to EV chargers, including supply of cable (as per site
Floor Paint Design EV Space Marking Hording (only in case
of soft soil or floor paint is not
Single Bay Size: 3(W) x 4(L) mpossible)

Overall Size:
6(W) x (4L) m
Minimum two (2) boards per

charger or as specified by EIC.
requirements), cable laying/routing etc., must be within the scope of the bidder for successful charger
energization.
o The scope of the bidder shall be deemed to include all such items which although are not specifically
mentioned in the bid documents and/or in contractor’s proposal but are needed to make the system
complete in all respects for its safe, reliable, and trouble free operation and the same shall be furnished
and erectedas per site requirement & nature The bidder is bound to follow all regulations issued by
state/central government. After every 6 months, the earth resistance and neutral to earth voltage shall
be recorded by the bidder with its own instruments and shall submit the report to CESL. The bidder has
to fulfill all requirements in this regard without any additional cost.
o A record of every earth test made and the result thereof shall be kept by the supplier for a period of not
less than two years after the day of testing and shall be available to the Inspector or any officer appointed
to assist the Inspector and authorized under sub-rule (2) of rule 4A when required Indian Electricity
Rule. A report shall be submitted to CESL after every six months or whenever required by CESL.
o Electrical connection (including cable, lugs and other accessories with necessary civil work) from
charger to designated meter cum distribution box (including single/multiple earthings/earth pit
construction as per above mentioned guidelines, rules and regulations), are in the scope of the bidder.
o The charging equipment must come with a comprehensive extended on-site warranty and AMC
package of 6 years from the date of installation and commissioning of the charging equipment and
design life of 10 years. The AMC package should cover all component faults, component failures,
replacement of SPDs, faulty/damaged components of charger, PSS, canopy hood, meter box and all
parts supplied by the bidder at no additional cost
Additional Requirements depending on Sites and costing to be included in Schedule No. 4 of
Section 4.
(a) Ensuring suitable branding of EESL/CESL at the location.

(b) The selected bidder shall design and install an aesthetically sound structure of the
whole system
(c) Space for drivers to seating during EV charging
(d) Screen for Display
(e) 24 Hrs CCTV monitoring facility
(f) LCD screen for showcasing EV benefits
(g) App based charging and monitoring
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Elderly, Women, Children and Disabled (EWCD) features

The pilot aims to ensure that the gender equality and social inclusion considerations are included during
implementation of activities. Solar carports are envisaged to be made elderly, women, children and disabled-
friendly by incorporating various design features to ensure better accessibility, safety, and convenience for all
users, promoting an inclusive and user-friendly environment for electric vehicle charging.
Some of the accessibility features to be incorporated in the pilot solar carports shall include the following: (i)
vehicle charging space with ~11X20 feet dimensions; (ii) clear ground space at the same level as the vehicle
charging space; (iii) charger positioned at an unobstructed side reach; (iv) accessible operable parts; (v) high
contrast labels on keys for visual controls;(vi) ensure adequate lighting around the carport area to improve
visibility, especially during low-light conditions; (vii) use of non-slip surfaces for the flooring and walkways to
prevent slips and falls, particularly in wet or slippery conditions; (viii) clear and visible signage including do’s
and don’ts and emergency contact numbers; (ix) comfortable seating areas with shade; (x) long and light-weight
cable for ease of charging; (xi) installation of emergency call buttons or communication systems to provide
assistance in case of emergencies. The same shall be taken into consideration while bidding. Any additional
features shall be informed during pre-bid meeting.
TECHNICAL PARAMETER OF PV MODULE AND VARIOUS OTHER COMPONENTS FOR USE IN OFF
GRID SOLAR POWER PLANTS
All components of the PV plant shall be in accordance with technical specifications given in relevant IS / IEC
Standards. The design and commissioning also shall be as per latest IS / IEC standards. The following are
some of the technical measures required to ensure quality of the major components used in solar power projects.
PV MODULE QUALIFICATION
The PV modules used in the solar power pproject must qualify to the latest edition of any of the following IEC
PV module qualification test or equivalent Indian standards.
Standard Description
IEC 61215-1 Ed. Terrestrial photovoltaic (PV) modules -Design qualification and type approval Part 1:
1.0 Test requirements
IEC 61215-1-1 Terrestrial photovoltaic(PV) modules -Designqualification and type approval Part-1: Special
Ed.1.0 requirements for testing of crystalline silicon photovoltaic (PV) modules
IEC 61730-1Ed. Photovoltaic(PV) module safety qualification Part 1: Requirements for construction
2.0
IEC 61730-2 Photovoltaic (PV) module safety qualification Part2: Requirements for testing
Ed.2
IEC 62716 Ed.1 Photovoltaic (PV) modules-Ammonia corrosion testing (Applicable for wet
atmospheres having highconcentration of dissolved ammonia)
POWER CONDITIONERS/INVERTERS
The Power Conditioners / Inverters of the SPV power plants must conform to the latest edition of IEC /
equivalent Indian Standards as specified below:
Standard Description
IEC 61683 Ed.1 Photovoltaic systems-Power conditioners–Procedurefor measuring efficiency
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IEC 62109-1Ed. 1 Safety of power converters for use in photovoltaicpower systems -Part 1:General
requirements
IEC 62109-2Ed. 1 Safety of power converters for use in photovoltaic power systems-Part 2 : Particular
requirements for inverters
As per the Solar Photo Voltaic Systems, Devices and Components Goods (Requirements for Compulsory
Registration) Order, 2017, PV Modules and PCU used in the solar power Projects shall conform to the Standards
Specified as per below and bear the Standard Mark as notified by the Bureau of Indian Standards:
Sl.No Product Indian Title of Indian Standard

. Standard
Number
1 Crystalline Silicon Terrestrial IS 14286 Crystalline Silicon Terrestrial
Photovoltaic(PV)Modules Photovoltaic(PV) modules- Design
(Si wafer based) Qualification A n dT y p e Approval
2 Power converters for use in IS Safety of Power Converters for use in
photovoltaic power system 16221(Part1) Photovoltaic Power Systems Part 1-General
Requirements
Safety of Power Converters for Use in
Photovoltaic Power Systems Part 2-
IS Particular Requirements for Inverters
16221(Part2)
3 Utility –Interconnected IS 16169 Test Procedure of
Photovoltaic inverters Islanding Prevention
Measures for Utility-
Interconnected Photovoltaic Inverters
Service Level Agreement (SLA) and Penalty Clauses post commissioning
Sr. Defined Parameter Requirement Validation Penalty

No. Procedure
1 Repair and The faulty Acknowledgment More than 24 hours and up to
Maintenance of charging by the charging 48 hours: @ Rs. 2000/- per
equipment: equipment station operator instance
Non-functional or faulty or should be or CESL officer
failed equipment’s or repaired and/or in writing. More than 48 hours and up to
components or systems to replaced within 72 hours: @ 5000/- per
be replaced or repaired or 24 hours of the instance
rectified by the bidder(s) complaint.
within defined duration. More than 72 hours and up to
96 hours: @ Rs. 10,000/- per
instance
96 hours plus: @ Rs. 20,000/-

per instance plus Rs. 5,000/-
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per 24 hrs for any further delay.
2 Firmware support: 15 days within Date of written @ Rs. 20,000/- per instance
Bidder shall provide receipt of request by plus Rs. 5,000/- per 24 hrs or
respective firmware in equipment. System part thereof for any further
case of a malfunctioning Integrator delay.
or a feature request at no
extra cost to CESL.
3 Availability of Bidder must Through report @ Rs. 2,000/- for every hour of
equipment ensure that the generate downtime or part thereof. .
in working condition system must be equipment
online for 100% and/or CESL’s
of the time. portal d by the
(Power failure
related downtime
is excluded)
4 Data Collection Bidder Must Report to be @ Rs. 2,000/- for every day of
ensure that all submitted to delay or part thereof.
data generated CESL in MIS
from the system format on 1st of
is collected and Every Month
submitted to without Fail. Or
CESL in MIS maximum in 3
format on days.
monthly basis.
5 Periodic Maintenance Bidder must Report of @ Rs. 2,000/- for every week’s
ensure that all periodic of delay or part thereof.
periodic maintenance to
maintenance is be submitted to
carried out CESL
The Successful Bidder shall ensure that a technician is locally available at all the times during the
Project period for handling minor & major complaints and all type of other services from the site for the
Solar Carport. This is a mandatory requirement.
The bidder needs to provide repair and maintenance services to CESL through the contract period as a
part of the Contract. The bidder to ensure supplied equipment installed at site with all spares,
consumables, parts (electrical, electronics, etc.) complete in all respect with periodical Maintenance, for
quarterly cleaning of all indoor & outdoor Electrical Equipment, periodical regular and preventive
maintenance of all equipment and attending any break down calls as per the time defined in the SLA.
In case of any delay from the successful bidder for meeting the SLA and any penalty amount becomes
due as per the penalty clauses above, CESL reserves the right to raise a demand for which the succesful
bidder will have to make payment to CESL within 15 days of raising the demand. In case of any delay
CESL has the right to charge interest @1.5% per month or part thereof on the amount due from the
successful bidder.
In case the demand is not paid within a period of two months CESL has the right to recover the same
by encashing the PBG as stated in PBG clauses. Penalties shall be recovered from the performance
security submitted by the successful bidder without any maximum limit.
139
The scope of O&M has been defined as:
Sr. No. Activity Operator

1 Record Keeping/Documentation & Reports Yes
2 Spare parts inventory and maintenance Yes
3 Day-to-day operation Yes
4 Scheduled and Unscheduled maintenance of the Equipment Yes
5 Troubleshooting of equipment Yes
6 Energy meter reading calibration verification Yes
ROUTINE MAINTENANCE SCHEDULE (PART OF PREVENTIVE MAINTENANCE)
Sr. Inspection Action Required Frequency

No.
1 Loose Cable Termination Tighten the connection 3 months
2 Component cleaning Cleaning Required of Charger 6 months
3 Performance Monitoring Visit and mailer alert from CMS server Daily and
Weekly
compilation
4 Internal Meter Calibration Calibration Verification 3 months
Verification
5 Internal Battery Backup Testing backup for 1 hour 6 months
6 Protection Circuit Checks 3 months
7 Earth pits values and 6 months
conditioning
8 Cables & Connectors 6 months
9 All other equipment 3 months
10 Canopy Lighting & Timer Inspection/ Replacement of lamps 3 months
& Wiring
11 Earthing Inspection & Maintenance of Earth 6 months
pits/ Electrodes/ Earthen Wires/
etc.
12 Cleaning & Desilting of Cable 6 months
Trench/drains/duct bends
13 Civil Foundation, Canopy, Meter Inspection and correction of 6 months
box damages
14 White wash of foundation 6 months
15 Painting of EV parking area, Yearly
canopy, bollards, meter box etc
16 Labels & Branding Inspection/replacement of Yearly
stickers/branding (if faded or
damaged)
17 Display colour & touch 6 months
18 Screw, nuts, wires Properly tightening 3 months
19 Input Voltage Testing: R-N, Y-N, Check 3 months
B-N
20 Firmware Update with latest version 3 months
21 Components Replacement of faulty components 3 months
including SPDs, displays, rectifiers
etc
140
141
142
143
144
3. Environmental, Health and Safety Management Requirement
145
4. Drawings
146
5. Supplementary Information
147
6. Certificates
148
6.1 Form of Completion Certificate
Contract: [. . . . .insert name of contract and contract identification details. . . . . ]
Date: ....................................
Certificate No.: ....................................
To: [. . . . .insert name and address of contractor. . . . . ]
Dear Ladies and/or Gentlemen,
Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract
entered into between yourselves and the Employer dated [. . . . .insert date. . . . . ], relating to the [. . .
.brief description of the Facilities . . . .], we hereby notify you that the following part(s) of the Facilities
was (were) complete on the date specified below, and that, in accordance with the terms of the
Contract, the Employer hereby takes over the said part(s) of the Facilities, together with the
responsibility for care and custody and the risk of loss thereof on the date mentioned below.
1. Description of the Facilities or part thereof: [. . . .description . . . .]
2. Date of Completion: [. . . .date . . . .]
However, you are required to complete the outstanding items listed in the attachment hereto as soon
as practicable.
This letter does not relieve you of your obligation to complete the execution of the Facilities in
accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
[. . . .Signature . . . .]
Project Manager
149
6.2 Form of Operational Acceptance Certificate
Contract: [. . . . .insert name of contract and contract identification details. . . . . ]
Date: ....................................
Certificate No.: ....................................
To: [. . . . .insert name and address of contractor. . . . . ]
Pursuant to GCC Subclause 25.3 (Operational Acceptance) of the General Conditions of the Contract
entered into between yourselves and the Employer dated [. . .date. . .], relating to the [. . .brief
description of the facilities. . .], we hereby notify you that the Functional Guarantees of the following
part(s) of the Facilities were satisfactorily attained on the date specified below.
1. Description of the Facilities or part thereof: [. . . description . . .]
2. Date of Operational Acceptance: [. . . date . . .]
This letter does not relieve you of your obligation to complete the execution of the Facilities in
accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
[. . . .Signature . . . .]
Project Manager
150
7. Change Orders
7.1 Change Order Procedure

7.1.1 General
7.1.2 Change Order Log
7.1.3 References for Changes
7.2. Change Order Forms

7.2.1 Request for Change Proposal
7.2.2 Estimate for Change Proposal
7.2.3 Acceptance of Estimate
7.2.4 Change Proposal
7.2.5 Change Order
7.2.6 Pending Agreement Change Order
7.2.7 Application for Change Proposal
151
7.1. Change Order Procedure
7.1.1 General
This section provides samples of procedures and forms for implementing changes in the
Facilities during the performance of the Contract in accordance with GCC Clause 39 (Change
in the Facilities) of the General Conditions.
7.1.2 Change Order Log
The Contractor shall keep an up-to-date Change Order Log to show the current status of
Requests for Change and Changes authorized or pending. Entries of the Changes in the
Change Order Log shall be made to ensure that the log is up-to-date. The Contractor shall
attach a copy of the current Change Order Log in the monthly progress report to be submitted
to the Employer.
7.1.3 References for Changes
(1) Request for Change as referred to in GCC Clause 39 shall be serially numbered CR-X-
nnn.
(2) Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially
numbered CN-X-nnn.
(3) Acceptance of Estimate as referred to in GCC Clause 39 shall be serially numbered CA-
X-nnn.
(4) Change Proposal as referred to in GCC Clause 39 shall be serially numbered CP-X-nnn.
(5) Change Order as referred to in GCC Clause 39 shall be serially numbered CO-X-nnn.
Note:
(a) Requests for Change issued from the Employer’s Home Office and the Site
representatives of the Employer shall have the following respective references:
Home Office CR-H-nnn

Site CR-S-nnn
(b) The above number “nnn” is the same for Request for Change, Estimate for Change
Proposal, Acceptance of Estimate, Change Proposal and Change Order.
152
7.2 Change Order Forms
7.2.1 Request for Change Proposal Form
[ Employer’s letterhead ]
To: [ Contractor’s name and address ] Date:
Attention: [ Name and title ]
Contract Name: [ Contract name ]

Contract Number: [ Contract number ]
Dear Ladies and/or Gentlemen:
With reference to the captioned Contract, you are requested to prepare and submit a Change Proposal
for the Change noted below in accordance with the following instructions within [ number ] days of the
date of this letter [or on or before ( date )].
1. Title of Change: [ Title ]

2. Change Request No./Rev.: [ Number ]
3. Originator of Change:
Employer: [Name]
Contractor (by Application for Change Proposal No. [Number Refer to Annex 6.2.7])
4. Brief Description of Change: [ Description ]
5. Facilities and/or Item No. of equipment related to the requested Change: [ Description ]
6. Reference drawings and/or technical documents for the request of Change:
Drawing No./Document No. Description
7. Detailed conditions or special requirements on the requested Change: [ Description ]
8. General Terms and Conditions:
(a) Please submit your estimate showing what effect the requested Change will have on the
Contract Price.
(b) Your estimate shall include your claim for the additional time, if any, for completing the
requested Change.
(c) If you have any opinion that is critical to the adoption of the requested Change in
connection with the conformability to the other provisions of the Contract or the safety of
the Plant or Facilities, please inform us in your proposal of revised provisions.
(d) Any increase or decrease in the work of the Contractor relating to the services of its
personnel shall be calculated.
(e) You shall not proceed with the execution of the work for the requested Change until we
have accepted and confirmed the amount and nature in writing.
[ Employer’s name ]
[ Signature ]
153
[ Name of signatory ]
[ Title of signatory ]
154
7.2.2 Estimate for Change Proposal Form
[ Contractor’s letterhead ]
To: [ Employer's name and address ] Date:

With reference to your Request for Change Proposal, we are pleased to notify you of the approximate
cost to prepare the below-referenced Change Proposal in accordance with GCC Subclause 39.2.1 of
the General Conditions. We acknowledge that your agreement to the cost of preparing the Change
Proposal, in accordance with GCC Subclause 39.2.2, is required before estimating the cost for change
work.

2. Change Request No./Rev.: [ Number ]
4. Scheduled Impact of Change: [ Description ]
5. Cost for Preparation of Change Proposal: [ insert costs, which shall be in the currencies of
the contract ]
(a) Engineering (Amount)
(i) Engineer hours (hrs) x rate/hr =
(ii) Draftsperson hrs x rate/hr =

Sub-total hrs
Total Engineering Cost
(b) Other Cost
Total Cost (a) + (b)
[ Contractor's name ]
[ Signature ]
155
156
7.2.3 Acceptance of Estimate Form

We hereby accept your Estimate for Change Proposal and agree that you should proceed with the
preparation of the Change Proposal.

2. Change Request No./Rev.: [ Request number/revision ]
3. Estimate for Change Proposal No./Rev.: [ Proposal number/revision ]
4. Acceptance of Estimate No./Rev.: [ Estimate number/revision ]

6. Other Terms and Conditions: In the event that we decide not to order the Change accepted, you
shall be entitled to compensation for the cost of preparing the Change Proposal described in your
Estimate for Change Proposal mentioned in para. 3 above in accordance with GCC Clause 39
of the General Conditions.
[ Signature ]
157
7.2.4 Change Proposal Form

In response to your Request for Change Proposal No. [Number], we hereby submit our proposal as
follows:
1. Title of Change: [ Name ]

2. Change Proposal No./Rev.: [ Proposal number / revision ]
3. Originator of Change: Employer: [ Name ] / Contractor: [ Name ]
5. Reasons for Change: [ Reason ]
6. Facilities and/or Item No. of Equipment related to the requested Change: [ Facilities ]
7. Reference drawings and/or technical documents for the requested Change:
[ Drawing/Document No./Description ]
8. Estimate of increase/decrease to the Contract Price resulting from the Change Proposal:
Amount
[ insert amounts in the currencies of the
Contract ]
(a) Direct material
(b) Major construction equipment
(c) Direct field labor (Total hrs)
(d) Subcontracts
(e) Indirect material and labor
(f) Site supervision
(g) Head office technical staff salaries
Process engineer hrs @ rate/hr
Project engineer hrs @ rate/hr
Equipment engineer hrs @ rate/hr
Procurement hrs @ rate/hr
158
Draftsperson hrs @ rate/hr

Total hrs
(h) Extraordinary costs (computer, travel, etc.)

(i) Fee for general administration, % of Items
(j) Taxes and customs duties
Total lump sum cost of Change Proposal [ Sum of items (a) to (j) ]
Cost to prepare Estimate for Change Proposal [ Amount payable if Change is not
accepted ]
9. Additional time for Completion required due to Change Proposal

10. Effect on the Functional Guarantees
11. Effect on the other terms and conditions of the Contract
12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the Employer
13. Other terms and conditions of this Change Proposal:
(a) You are requested to notify us of your acceptance, comments or rejection of this detailed
Change Proposal within [Number] days from your receipt of this Proposal.
(b) The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.
(c) Contractor’s cost for preparation of this Change Proposal: [ . . . .insert amount. This
cost shall be reimbursed by the employer in case of employer’s withdrawal or
rejection of this Change Proposal without default of the contractor in accordance
with GCC Clause 39 of the General Conditions . . . . ]
[ Signature ]
159
7.2.5 Change Order Form

We approve the Change Order for the work specified in the Change Proposal (No. [ number ]), and
agree to adjust the Contract Price, Time for Completion, and/or other conditions of the Contract in
accordance with GCC Clause 39 of the General Conditions.
2. Change Request No./Rev.: [ Request number / revision ]
3. Change Order No./Rev.: [ Order number / revision ]
4. Originator of Change: Employer: [Name] / Contractor: [ Name ]
5. Authorized Price:
Ref. No.: [ Number ] Date: [ Date ]
Foreign currency portion [ Amount ] plus Local currency portion [ Amount ]
6. Adjustment of Time for Completion

None Increase [ Number ] days Decrease [ Number ] days
7. Other effects, if any
Authorized by: Date:

Employer
Accepted by: Date:

Contractor
160
7.2.6 Pending Agreement Change Order Form

We instruct you to carry out the work in the Change Order detailed below in accordance with GCC
Clause 39 of the General Conditions.
2. Employer’s Request for Change Proposal No./Rev.: [ number/revision ] dated: [ date ]
3. Contractor’s Change Proposal No./Rev.: [ number / revision ] dated: [ date ]
5. Facilities and/or Item No. of equipment related to the requested Change: [ Facilities ]
6. Reference Drawings and/or technical documents for the requested Change:

[ Drawing / Document No. / Description ]
7. Adjustment of Time for Completion:
8. Other change in the Contract terms:
9. Other terms and conditions:
[ Signature ]
161
7.2.7 Application for Change Proposal Form

We hereby propose that the work mentioned below be treated as a Change in the Facilities.
2. Application for Change Proposal No./Rev.: [ Number / revision ] dated: [ Date ]
4. Reasons for Change:
5. Order of Magnitude Estimation (amount in the currencies of the Contract): [ Amount ]
6. Scheduled Impact of Change:
7. Effect on Functional Guarantees, if any:
8. Appendix:
[ Signature ]
162
8. Personnel Requirements
Using Form PER - 1 and PER - 2 in Section 4 (Bidding Forms), the Bidder must demonstrate that it has
personnel who meet the following requirements:
Total Work Experience In

No. Position Experience Similar Work
[years] [years]
1
2
3
4
5
Using Form EXP-6 in Section 4 (Bidding Forms), the Bidder must demonstrate that it has EHS personnel
who meet the following requirements:
Key Personnel as determined by the EMP and other safeguard management plans
Minimum
Minimum years of
Item Relevant academic time on-
Position/specialization relevant work
No. qualifications site
experience
(%FTE)
1
2
3
163
9. Equipment Requirements
Using Form EQU in Section 4 (Bidding Forms), the Bidder must demonstrate that it has the key equipment
listed below:
No. Equipment Type and Characteristics Minimum Number Required

1
2
3
4
5
164
Section 7: General Conditions of Contract 7-1
Section 7: General Conditions of Contract

These General Conditions of Contract (GCC) are based on the Model Form of International Contract for
Process Plant Construction published by the Engineering Advancement Association of Japan (ENAA).
The Multilateral Development Banks (MDBs) participating in the procurement harmonization process
gratefully acknowledge the contribution of ENAA to the advancement of good contracting practices by its
borrowers. The GCC contain general clauses to be applied on all contracts. The GCC in this section, read
in conjunction with the Special Conditions of Contract in Section 8 and other documents listed therein,
should be a complete document expressing all the rights and obligations of the contracting parties. The
General Conditions herein shall not be altered.
Table of Clauses
A. Contract and Interpretation ............................................................................ 7-3

1. Definitions ............................................................................................................. 7-3
2. Contract Documents ............................................................................................. 7-5
3. Interpretation......................................................................................................... 7-5
4. Communications ................................................................................................... 7-7
5. Law and Language................................................................................................ 7-7
6. Fraud and Corruption ........................................................................................... 7-7
B. Subject Matter of Contract ........................................................................... 7-10

7. Scope of Facilities ............................................................................................... 7-10
8. Time for Commencement and Completion........................................................... 7-11
9. Contractor’s Responsibilities ............................................................................... 7-11
10. Employer’s Responsibilities ................................................................................. 7-12
C. Payment ........................................................................................................ 7-13

11. Contract Price ..................................................................................................... 7-13
12. Terms of Payment ............................................................................................... 7-13
13. Securities ............................................................................................................ 7-14
14. Taxes and Duties ................................................................................................ 7-15
D. Intellectual Property ..................................................................................... 7-15

15. License/Use of Technical Information .................................................................. 7-16
16. Confidential Information ...................................................................................... 7-16
E. Execution of the Facilities ........................................................................... 7-17

17. Representatives .................................................................................................. 7-17
18. Work Program..................................................................................................... 7-18
19. Subcontracting .................................................................................................... 7-20
20. Design and Engineering ...................................................................................... 7-20
21. Procurement ....................................................................................................... 7-22
22. Installation .......................................................................................................... 7-23
23. Test and Inspection ............................................................................................. 7-30
24. Completion of the Facilities ................................................................................. 7-31
25. Commissioning and Operational Acceptance ....................................................... 7-32
165
7-2 Section 7: General Conditions of Contract
F. Guarantees and Liabilities ............................................................................ 7-35

26. Completion Time Guarantee ............................................................................... 7-35
27. Defect Liability .................................................................................................... 7-36
28. Functional Guarantees ........................................................................................ 7-38
29. Patent Indemnity ................................................................................................. 7-39
30. Limitation of Liability ............................................................................................ 7-40
G. Risk Distribution ........................................................................................... 7-40

31. Transfer of Ownership ......................................................................................... 7-40
32. Care of Facilities ................................................................................................. 7-40
33. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification .... 7-42
34. Insurance ............................................................................................................ 7-42
35. Unforeseen Conditions........................................................................................ 7-45
36. Change in Laws and Regulations ........................................................................ 7-45
37. Force Majeure..................................................................................................... 7-46
38. War Risks ........................................................................................................... 7-47
H. Change in Contract Elements ...................................................................... 7-48

39. Change in the Facilities ....................................................................................... 7-49
40. Extension of Time for Completion........................................................................ 7-51
41. Suspension ......................................................................................................... 7-52
42. Termination......................................................................................................... 7-54
43. Assignment ......................................................................................................... 7-59
I. Claims, Disputes and Arbitration .................................................................. 7-59

44. Contractor’s Claims............................................................................................. 7-59
45. Disputes and Arbitration ...................................................................................... 7-60
166
A. Contract and Interpretation
1. Definitions 1.1 The following words and expressions shall have the meanings hereby
assigned them:
(a) “Contract” means the Contract Agreement entered into between

the Employer and the Contractor, 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.
(b) “Contract Documents” means the documents listed in Article 1.1
(Contract Documents) of the Contract Agreement (including any
amendments thereto).
(c) “GCC” means the General Conditions of Contract.
(d) “SCC” means the Special Conditions of Contract.
(e) “day” means calendar day.
(f) “year” means 365 days.
(g) “month” means calendar month.
(h) “Party” means the Employer or the Contractor, as the context
requires.
(i) “Employer” means the person named as such in the SCC and
includes the legal successors or permitted assigns of the
Employer.
(j) “Project Manager” means the person appointed by the Employer
in the manner provided in GCC Subclause 17.1 (Project Manager)
hereof and named as such in the SCC to perform the duties
delegated by the Employer.
(k) “Contractor” means the person(s) named as Contractor in the
Contract Agreement, and includes the legal successors or
permitted assigns of the Contractor.
(l) “Contractor’s Representative” means any person nominated by
the Contractor and approved by the Employer in the manner
provided in GCC Subclause 17.2 (Contractor’s Representative
and Construction Manager) hereof to perform the duties delegated
by the Contractor.
(m) “Construction Manager” means the person appointed by the
Contractor’s Representative in the manner provided in GCC
Subclause 17.2.4.
(n) “Subcontractor,” including manufacturers, means any person to
whom execution of any part of the Facilities, including preparation
of any design or supply of any Plant, is sub-contracted directly or
indirectly by the Contractor, and includes its legal successors or
permitted assigns.
(o) “Dispute Board” means the person or persons named as such in
the SCC appointed by agreement between the Employer and the
Contractor to make a decision on or to settle any dispute or
167
difference between the Employer and the Contractor referred to

him or her by the parties pursuant to GCC Subclause 45.1
(Dispute Board) hereof.
(p) “The Bank” means the financing institution named in the SCC.
(q) “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 therefrom, as may be made
pursuant to the Contract.
(r) “Facilities” means the Plant to be supplied and installed, as well
as all the Installation Services to be carried out by the Contractor
under the Contract.
(s) “Plant” means permanent plant, equipment, machinery,
apparatus, articles and things of all kinds to be provided and
incorporated in the Facilities by the Contractor under the Contract
(including the spare parts to be supplied by the Contractor under
GCC Subclause 7.3 hereof), but does not include Contractor’s
Equipment.
(t) “Installation Services” means all those services ancillary to the
supply of the Plant for the Facilities, to be provided by the
Contractor under the Contract, such as transportation 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 construction
materials required), installation, testing, precommissioning,
commissioning, operations, maintenance, the provision of
operations and maintenance manuals, training, etc. as the case
may require.
(u) “Contractor’s Equipment” means all 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 Contractor, but does not
include Plant, or other things intended to form or forming part of
the Facilities.
(v) “Country of Origin” means the countries and territories eligible
under the rules of the Bank as further elaborated in the SCC.
(w) “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.
(x) “Effective Date” means the date of fulfillment of all conditions
stated in Article 3 (Effective Date) of the Contract Agreement,
upon which the period until the Time for Completion shall be
counted from.
(y) “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, as referred to in GCC Clause 8 and in accordance
with the relevant provisions of the Contract.
(z) “Completion” means that the Facilities (or a specific part thereof
where specific parts are specified in the Contract) have been
completed operationally and structurally and put in a tight and
168
clean condition, that all work in respect of Precommissioning of

the Facilities or such specific part thereof has been completed,
and that the Facilities or specific part thereof are ready for
Commissioning as provided in GCC Clause 24 (Completion)
hereof.
(aa) “Precommissioning” means the testing, checking and other
requirements specified in the Employer’s Requirements that are to
be carried out by the Contractor in preparation for Commissioning
as provided in GCC Clause 24 (Completion) hereof.
(bb) “Commissioning” means operation of the Facilities or any part
thereof by the Contractor following Completion, which operation is
to be carried out by the Contractor as provided in GCC Subclause
25.1 (Commissioning) hereof, for the purpose of carrying out
Guarantee Test(s).
(cc) “Guarantee Test(s)” means the test(s) specified in the Employer’s
Requirements to be carried out to ascertain whether the Facilities
or a specified part thereof is able to attain the Functional
Guarantees specified in the Appendix (Functional Guarantees) to
the Contract Agreement in accordance with the provisions of GCC
Subclause 25.2 (Guarantee Test) hereof.
(dd) “Operational Acceptance” means the acceptance by the Employer
of the Facilities (or any part of the Facilities where the Contract
provides for acceptance of the Facilities in parts), which certifies
the Contractor’s fulfillment 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.
(ee) “Defect Liability Period” means the period of validity of the
warranties given by the Contractor commencing at Completion of
the Facilities or a part thereof, during which the Contractor 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 2.1 Subject to Article 1.2 (Order of Precedence) of the Contract Agreement,
Documents 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.
3. Interpretation 3.1 In the Contract, except where the context requires otherwise,
(a) words indicating one gender include all genders;
(b) words indicating the singular also include the plural and words
indicating the plural also include the singular;
(c) provisions including the word “agree,” “agreed,” or “agreement”
require the agreement to be record in writing;
(d) the word “tender” is synonymous with “bid,” “tenderer” with
“Bidder,” and “tender documents” with “Bidding Documents;” and
169
(e) “written” or “in writing” means handwritten, typewritten, printed or

electronically made, and resulting in a permanent record.
The marginal words and other headings shall not be taken into
consideration in the interpretation of these Conditions.
3.2 Incoterms
Unless inconsistent with any provision of the Contract, the meaning of

any trade term and the rights and obligations of parties thereunder shall
be as prescribed by Incoterms.
“Incoterms” means international rules for interpreting trade terms

published by the International Chamber of Commerce (latest edition), 38
Cours Albert 1er, 75008 Paris, France.
3.3 Entire Agreement

Subject to GCC Subclause 16.4 hereof, the Contract constitutes the
entire agreement between the Employer and Contractor 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.
3.4 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 hereto.
3.5 Independent Contractor

The Contractor shall be an independent contractor performing the
Contract. The Contract does not create any agency, partnership, joint
venture, or other joint relationship between the parties hereto. Subject to
the provisions of the Contract, the Contractor shall be solely responsible
for the manner in which the Contract is performed. All employees,
representatives, or Subcontractors engaged by the Contractor in
connection with the performance of the Contract shall be under the
complete control of the Contractor and shall not be deemed to be
employees of the Employer, and nothing contained in the Contract or in
any subcontract awarded by the Contractor shall be construed to create
any contractual relationship between any such employees,
representatives, or Subcontractors and the Employer.
3.6 Non-Waiver
3.6.1 Subject to GCC Subclause 3.6.2 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.
3.6.2 Any waiver of a party’s rights, powers, or remedies under the

Contract must be in writing, must be dated, and signed by an
170
authorized representative of the party granting such waiver, and

must specify the right and the extent to which it is being waived.
3.7 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.
3.8 Country of Origin

“Origin” means the place where the plant and component parts thereof
are mined, grown, produced, or manufactured, and from which the
services are provided. Plant components are produced when, through
manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that is
substantially in its basic characteristics or in purpose or utility from its
components.
4. Communications 4.1 Wherever these Conditions provide for the giving or issuing of
approvals, certificates, consents, determinations, notices, requests,
and discharges, these communications shall be
(a) in writing and delivered against receipt; and
(b) delivered, sent, or transmitted to the address for the recipient’s
communications as stated in the Contract Agreement.
When a certificate is issued to a Party, the certifier shall send a copy to
the other Party. When a notice is issued to a Party, by the other Party or
the Project Manager, a copy shall be sent to the Project Manager or the
other Party, as the case may be.
5. Law and 5.1 The Contract shall be governed by and interpreted in accordance with
Language laws of the country specified in the SCC.
5.2 The ruling language of the Contract shall be that stated in the SCC.
5.3 The language for communications shall be the ruling language unless
otherwise stated in the SCC.
6. Fraud and
6.1 ADB requires Borrowers (including beneficiaries of ADB-financed
Corruption
activity) and their personnel, as well as firms and individuals
participating in an ADB-financed activity, including but not limited to,
Bidders, Suppliers, and Contractors, agents, subcontractors,
subconsultants, service providers, subsuppliers, manufacturers
(including their respective officers, directors, employees and personnel)
under ADB-financed contracts to observe the highest standard of ethics
during the procurement and execution of such contracts in accordance
with ADB’s Anticorruption Policy (1998, as amended from time to time).
In pursuance of this policy, ADB
(a) defines, for the purposes of this provision, the terms set forth
below as follows:
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(i) “corrupt practice” means the offering, giving, receiving, or

soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or
threatening to impair or harm, directly or indirectly, any party
or the property of the party to influence improperly the
actions of a party;
(iv) “collusive practice” means an arrangement between two or
more parties designed to achieve an improper purpose,
including influencing improperly the actions of another party;
(v) “abuse” means theft, waste, or improper use of assets
related to ADB-related activity, either committed
intentionally or through reckless disregard;
(vi) “conflict of interest” means any situation in which a party has
interests that could improperly influence that party’s
performance of official duties or responsibilities, contractual
obligations, or compliance with applicable laws and
regulations; and
(vii) “integrity violation" is any act, as defined under ADB’s
Integrity Principles and Guidelines (2015, as amended from
time to time), which violates ADB’s Anticorruption Policy,
including (i) to (vi) above and the following: obstructive
practice, violations of ADB sanctions, retaliation against
whistleblowers or witnesses, and other violations of ADB's
Anticorruption Policy, including failure to adhere to the
highest ethical standard.
(b) will reject a proposal for award if it determines that the Bidder
recommended for award or any of its officers, directors,
employees, personnel, subconsultants, subcontractors, service
providers, suppliers or manufacturers has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices or other integrity violations in competing for
the Contract;
(c) will cancel the portion of the financing allocated to a contract if it
determines at any time that representatives of the borrower or of
a beneficiary of ADB-financing engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices or other integrity
violations during the procurement or the execution of that
contract, without the borrower having taken timely and
appropriate action satisfactory to ADB to remedy the situation,
including by failing to inform ADB in a timely manner at the time
they knew of the integrity violations;
(d) will impose remedial actions on a firm or an individual, at any
time, in accordance with ADB’s Anticorruption Policy and Integrity
Principles and Guidelines, including declaring ineligible, either
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indefinitely or for a stated period of time, to participate1 in ADB-

financed, -administered, or -supported activities or to benefit from
an ADB-financed, -administered, or -supported contract,
financially or otherwise, if it at any time determines that the firm
or individual has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices or other
integrity violations; and
(e) will have the right to require that a provision be included in bidding
documents and in contracts financed, administered, or supported
by ADB, requiring Bidders, suppliers and contractors,
consultants, manufacturers, service providers and other third
parties engaged or involved in ADB-related activities, and their
respective officers, directors, employees and personnel, to
permit ADB or its representative to inspect the site and their
assets, accounts and records and other documents relating to
the bid submission and contract performance and to have them
audited by auditors appointed by ADB.
6.2 All Bidders, consultants, contractors, suppliers, manufacturers, service
providers, and other third parties engaged or involved in ADB-related
activities and their respective officers, directors, employees and
personnel, are obliged to cooperate fully in any investigation when
requested by ADB to do so. As determined on a case by case basis by
ADB, such cooperation includes, but is not limited to, the following:
(a) being available to be interviewed and replying fully and truthfully
to all questions asked;
(b) providing ADB with any items requested that are within the party’s
control including, but not limited to, documents and other physical
objects;
(c) upon written request by ADB, authorizing other related entities to
release directly to ADB such information that is specifically and
materially related, directly or indirectly, to the said entities or
issues which are the subject of the investigation;
(d) cooperating with all reasonable requests to search or physically
inspect their person and/or work areas, including files, electronic
databases, and personal property used on ADB activities, or that
utilizes ADB’s Information and Communications Technology
(ICT) resources or systems (including mobile phones, personal
electronic devices, and electronic storage devices such as
external disk drives);
(e) cooperating in any testing requested by ADB, including but not
limited to, fingerprint identification, handwriting analysis, and
physical examination and analysis; and
(f) preserving and protecting confidentiality of all information
discussed with, and as required by, ADB.
6.3 All Bidders, consultants, contractors and suppliers shall require their
officers, directors, employees, personnel, agents to ensure that, in its
1
Whether as a Contractor, Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any other capacity
(different names are used depending on the particular Bidding Document).
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contract with its sub-consultants, subcontractors, and other third parties

engaged or involved in ADB-related activities, such sub-consultants,
subcontractors, and other third parties similarly are obliged to
cooperate fully in any investigation when requested by ADB to do so.
The Contractor undertakes that no fees, gratuities, rebates, gifts,
commissions or other payments, other than those shown in the bid,
have been given or received in connection with the procurement
process or in the contract execution.2
B. Subject Matter of Contract
7. Scope of 7.1 Unless otherwise expressly limited in the Employer’s Requirements, the
Facilities Contractor’s obligations cover the provision of all Plant and the
performance of all Installation Services required for the design, the
manufacture (including procurement, quality assurance, construction,
installation, associated civil works, pre-commissioning and delivery) of
the Plant and the installation, completion, and commissioning of the
Facilities in accordance with the plans, procedures, specifications,
drawings, codes, and any other documents as specified in the section
Employer’s Requirements. Such specifications include, but are not
limited to, the provision of supervision and engineering services; the
supply of labor, materials, equipment, spare parts (as specified in GCC
Subclause 7.3 below) and accessories; Contractor’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 Employer,
as set forth in the Appendix (Scope of Works and Supply by the
Employer) to the Contract Agreement.
7.2 The Contractor 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 included in the
Contract, the Contractor agrees to supply spare parts required for the
operation and maintenance of the Facilities for the period specified in
the SCC and the provisions, if any, specified in the SCC. 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 Employer and the Contractor, and the price of such spare parts shall
be that given in Price Schedule No. 6, which shall be added to the
Contract Price. The price of such spare parts shall include the purchase
price therefore and other costs and expenses (including the Contractor’s
fees) relating to the supply of spare parts.
2
The undertaking also applies during the period of performance of the contract.
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8. Time for 8.1 The Contractor shall commence work on the Facilities within the period
Commencement specified in the SCC and without prejudice to GCC Subclause 26.2
and Completion hereof, the Contractor shall thereafter proceed with the Facilities in
accordance with the time schedule specified in the Appendix 4 (Time
Schedule) to the Contract Agreement.
8.2 The Contractor 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 Contractor shall be entitled under GCC Clause 40 hereof.
9. Contractor’s 9.1 The Contractor shall design, manufacture, including associated
Responsibilities purchases and/or subcontracting, install, and complete the Facilities in
accordance with the Contract. When completed, the Facilities should be
fit for the purposes for which they are intended as defined in the
Contract.
9.2 The Contractor 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 Employer, and on
the basis of information that the Contractor 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 of the date 28 days
prior to bid submission. The Contractor acknowledges that any failure to
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 Contractor 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 Contractor to obtain in its name
and which are necessary for the performance of the Contract, including,
without limitation, visas for the Contractor’s and Subcontractor’s
personnel and entry permits for all imported Contractor’s Equipment.
The Contractor shall acquire all other permits, approvals, and/or
licenses that are not the responsibility of the Employer under GCC
Subclause 10.3 hereof and that are necessary for the performance of
the Contract.
9.4 The Contractor shall comply with all laws in force in the country where
the Facilities are to be implemented. The laws will include all local, state,
national, or other laws that affect the performance of the Contract and
bind upon the Contractor. The Contractor shall indemnify and hold
harmless the Employer 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 its
personnel, including the Subcontractors and their personnel, but without
prejudice to GCC Subclause 10.1 hereof.
9.5 Any plant 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 1 (Country of Origin). Any Subcontractors retained by the
Contractor shall be from a country as specified in GCC Clause 1
(Country of Origin).
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9.6 The Contractor shall permit ADB or its representatives to inspect the
Contractor’s site, assets, accounts and records, and other documents
relating to the bid submission and contract performance of the
Contractor and to have them audited by auditors appointed by ADB, if
so required by ADB.
9.7 If the Contractor is a joint venture or consortium of two or more persons,

all such persons shall be jointly and severally bound to the Employer for
the fulfillment of the provisions of the Contract and shall designate one
of such persons 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
Employer.
9.8 Protection of the Environment

(a) The Contractor shall take all reasonable steps to protect the
environment (both on and off the Site) and to limit damage and
nuisance to people and property resulting from pollution, noise, and
other results of his operations.
(b) The Contractor shall ensure that emissions, surface discharges, and
effluent from the Contractor’s activities shall not exceed the values
stated in the Specification or prescribed by applicable Laws.
10. Employer’s 10.1 All information and/or data to be supplied by the Employer as described
Responsibilities in the Appendix (Scope of Works and Supply by the Employer) to the
Contract Agreement shall be deemed to be accurate, except when the
Employer expressly states otherwise.
10.2 The Employer 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 the Appendix (Scope of Works and Supply by the Employer)
to the Contract Agreement. The Employer shall give full possession of
and accord all rights of access thereto on or before the date(s) specified
in that Appendix.
10.3 The Employer 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 (a) such authorities or undertakings require the Employer to
obtain in the Employer’s name, (b) are necessary for the execution of
the Contract, including those required for the performance by both the
Contractor and the Employer of their respective obligations under the
Contract, and (c) are specified in the Appendix (Scope of Works and
Supply by the Employer) to the Contract Agreement.
10.4 If requested by the Contractor, the Employer shall use its best
endeavors to assist the Contractor 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
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authorities or undertakings require the Contractor or Subcontractors or

the personnel of the Contractor or Subcontractors, as the case may be,
to obtain.
10.5 Unless otherwise specified in the Contract or agreed upon by the

Employer and the Contractor, the Employer 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, including those required by the
Contractor to properly carry out Pre-commissioning, Commissioning,
and Guarantee Tests, all in accordance with the provisions of the
Appendix (Scope of Works and Supply by the Employer) to the Contract
Agreement at or before the time specified in the program furnished by
the Contractor under GCC Subclause 18.2 hereof and in the manner
thereupon specified or as otherwise agreed upon by the Employer and
the Contractor.
10.6 The Employer shall be responsible for the continued operation of the
Facilities after Completion, in accordance with GCC Subclause 24.8,
and shall be responsible for facilitating the Guarantee Test(s) for the
Facilities, in accordance with GCC Subclause 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 Employer,
except those incurred by the Contractor with respect to the performance
of Guarantee Tests, in accordance with GCC Subclause 25.2.
10.8 In the event that the Employer shall be in breach of any of his obligations
imposed by the Contract, then the additional cost reasonably incurred
by the Contractor in consequence thereof shall be added to the Contract
Price.
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 Contract Agreement.
11.2 Unless an adjustment clause is provided for in the SCC, the Contract
Price shall be a firm lump sum not subject to any alteration, except in the
event of a Change in the Facilities or as otherwise provided in the
Contract.
11.3 Subject to GCC Subclauses 9.2, 10.1, and 35 hereof, the Contractor
shall be deemed to have satisfied itself as to the correctness and
sufficiency of the Contract Price, which shall, except as otherwise
provided for in the Contract, cover all its obligations under the Contract.
12. Terms of 12.1 The Contract Price shall be paid as specified in Article 2 (Contract Price
Payment and Terms of Payment) of the Contract Agreement and in the Appendix
(Terms and Procedures of Payment) to the Contract Agreement, which
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also outlines the procedures to be followed in making application for and

processing payments.
12.2 No payment made by the Employer herein shall be deemed to constitute

acceptance by the Employer of the Facilities or any part(s) thereof.
12.3 In the event that the Employer fails to make any payment by its
respective due date or within the period set forth in the Contract, the
Employer shall pay to the Contractor interest on the amount of such
delayed payment at the rate(s) shown in the Appendix (Terms and
Procedures of Payment) to the Contract Agreement for the period of
delay until payment has been made in full, whether before or after
judgment or arbitrage award.
12.4 The currency or currencies in which payments are made to the

Contractor under this Contract shall be specified in the Appendix (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
Contractor’s bid.
13. Securities 13.1 Issuance of Securities

The Contractor shall provide the securities specified below in favor of the
Employer at the times, and in the amount, manner, and form specified
below.
13.2 Advance Payment Security

13.2.1 The Contractor shall, within 28 days of the notification of contract
award, provide a security in an amount equal to the advance
payment calculated in accordance with the Appendix (Terms and
Procedures of Payment) to the Contract Agreement, and in the
same currency or currencies.
13.2.2 The security shall be in the form provided in the Bidding
Documents or in another form acceptable to the Employer. The
amount of the security shall be reduced in proportion to the value
of the Facilities executed by and paid to the Contractor from time
to time, and shall automatically become null and void when the
full amount of the advance payment has been recovered by the
Employer. The security shall be returned to the Contractor
immediately after its expiration.
13.3 Performance Security

13.3.1 The Contractor shall, within 28 days of the notification of contract
award, provide a security for the due performance of the Contract
in the amount specified in the SCC.
13.3.2 The security shall be denominated in the currency or currencies

of the Contract, or in a freely convertible currency acceptable to
the Employer, and shall be in one of the forms of bank guarantees
provided in the Bidding Documents, as stipulated by the
Employer in the SCC, or in another form acceptable to the
Employer.
13.3.3 Unless otherwise specified in the SCC, the security shall be
reduced by half on the date of the Operational Acceptance. The
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Security shall become null and void, or shall be reduced pro rata
to the Contract Price of a part of the Facilities for which a
separate Time for Completion is provided, 540 days after
Completion of the Facilities or 365 days after Operational
Acceptance of the Facilities, whichever occurs first; provided,
however, that if the Defects Liability Period has been extended
on any part of the Facilities pursuant to GCC Subclause 27.8
hereof, the Contractor shall issue an additional security in an
amount proportionate to the Contract Price of that part. The
security shall be returned to the Contractor immediately after its
expiration, provided, however, that if the Contractor, pursuant to
GCC Subclause 27.10, is liable for an extended defect liability
obligation, the performance security shall be extended for the
period and up to the amount specified in the SCC.
14. Taxes and 14.1 Except as otherwise specifically provided in the Contract, the Contractor
Duties shall bear and pay all taxes, duties, levies, and charges assessed on the
Contractor, its Subcontractors, 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 Subclause 14.1 above, the Employer shall bear
and promptly pay all customs and import duties as well as other local
taxes like, e.g., a value-added tax (VAT), imposed by the law of the
country where the Site is located on the Plant specified in Price Schedule
No. 1 and that are to be incorporated into the Facilities.
14.3 If any tax exemptions, reductions, allowances, or privileges may be

available to the Contractor in the country where the Site is located, the
Employer shall use its best endeavors to enable the Contractor 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 28 days prior to the date of bid submission in the
country where the Site is located (hereinafter called “Tax” in this GCC
Subclause 14.4). If any rates of Tax are increased or decreased, 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
Contractor, Subcontractors, or their employees 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 therefrom, as the case may
be, in accordance with GCC Clause 36 hereof.
D. Intellectual Property
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15. License/Use of 15.1 For the operation and maintenance of the Plant, the Contractor hereby
Technical grants a non-exclusive and nontransferable license (without the right to
Information sublicense) to the Employer under the patents, utility models, or other
industrial property rights owned by the Contractor or by a third party
from whom the Contractor has received the right to grant licenses
thereunder, and shall also grant to the Employer a nonexclusive and
nontransferable right (without the right to sublicense) to use the know-
how and other technical information disclosed to the Employer under
the Contract. Nothing contained herein shall be construed as
transferring ownership of any patent, utility model, trademark, design,
copyright, know-how, or other intellectual property right from the
Contractor or any third party to the Employer.
15.2 The copyright in all drawings, documents, and other materials containing
data and information furnished to the Employer by the Contractor herein
shall remain vested in the Contractor or, if they are furnished to the
Employer directly or through the Contractor by any third party, including
suppliers of materials, the copyright in such materials shall remain
vested in such third party.
16. Confidential 16.1 The Employer and the Contractor shall keep confidential and shall not,
Information 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
may furnish to its Subcontractor(s) such documents, data, and other
information it receives from the Employer to the extent required for the
Subcontractor(s) to perform its work under the Contract, in which event
the Contractor shall obtain from such Subcontractor(s) an undertaking of
confidentiality similar to that imposed on the Contractor under this GCC
Clause 16.
16.2 The Employer shall not use such documents, data, and other information
received from the Contractor for any purpose other than the operation
and maintenance of the Facilities. Similarly, the Contractor shall not use
such documents, data, and other information received from the Employer
for any purpose other than the design, procurement of Plant,
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 Subclauses 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; and
(c) otherwise lawfully becomes available to that party from a third

party that has no obligation of confidentiality.
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
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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
whatever reason, of the Contract.
E. Execution of the Facilities

17. Representatives 17.1 Project Manager
If the Project Manager is not named in the Contract, then within 14 days
of the Effective Date, the Employer shall appoint and notify the
Contractor in writing of the name of the Project Manager. The Employer
may from time to time appoint some other person as the Project Manager
in place of the person previously so appointed, and shall give notice of
the name of such other person to the Contractor without delay. No such
appointment shall be made at such a time or in such a manner as to
impede the progress of work on the Facilities. Such appointment shall
only take effect upon receipt of such notice by the Contractor. The
Project Manager shall represent and act for the Employer at all times
during the performance 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 Contractor to the Employer under the Contract shall be given to the
Project Manager, except as herein otherwise provided.
17.2 Contractor’s Representative and Construction Manager
17.2.1 If the Contractor’s Representative is not named in the Contract,
then within 14 days of the Effective Date, the Contractor shall
appoint the Contractor’s Representative and shall request the
Employer in writing to approve the person so appointed. If the
Employer makes no objection to the appointment within 14 days,
the Contractor’s Representative shall be deemed to have been
approved. If the Employer objects to the appointment within 14
days giving the reason therefor, then the Contractor shall appoint
a replacement within 14 days of such objection, and the foregoing
provisions of this GCC Subclause 17.2.1 shall apply thereto.
17.2.2 The Contractor’s Representative shall represent and act for the
Contractor at all times during the performance of the Contract and
shall give to the Project Manager all the Contractor’s notices,
instructions, information, and all other communications under the
Contract.
All notices, instructions, information, and all other
communications given by the Employer or the Project Manager
to the Contractor under the Contract shall be given to the
Contractor’s Representative or, in its absence, its deputy, except
as herein otherwise provided.
The Contractor shall not revoke the appointment of the
Contractor’s Representative without the Employer’s prior written
181
consent, which shall not be unreasonably withheld. If the

Employer consents thereto, the Contractor shall appoint some
other person as the Contractor’s Representative, pursuant to the
procedure set out in GCC Subclause 17.2.1.
17.2.3 The Contractor’s Representative may, subject to the approval of

the Employer 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 Contractor’s
Representative, 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 Employer 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 Subclause 17.2.3 shall be deemed to be an act or exercise
by the Contractor’s Representative.
17.2.4 From the commencement of installation of the Facilities at the Site

until Completion, the Contractor’s Representative shall appoint a
suitable person as the Construction Manager. The Construction
Manager shall supervise all work done at the Site by the
Contractor 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.
Whenever the Construction Manager is absent from the Site, the
Contractor’s Representative or the Construction Manager shall
appoint a suitable person to act as the Construction Manager’s
deputy.
17.2.5 The Employer may by notice to the Contractor object to any

representative or person employed by the Contractor in the
execution of the Contract who, in the reasonable opinion of the
Employer, may behave inappropriately, may be incompetent or
negligent, or may commit a serious breach of the Site regulations
provided under GCC Subclause 22.4. The Employer shall
provide evidence of the same, whereupon the Contractor shall
remove such person from the Facilities.
17.2.6 If any representative or person employed by the Contractor is

removed in accordance with GCC Subclause 17.2.5, the
Contractor shall, where required, promptly appoint a
replacement.
18. Work Program 18.1 Contractor’s Organization

The Contractor shall supply to the Employer and the Project Manager a
chart showing the proposed organization to be established by the
Contractor for carrying out work on the Facilities within 21 days of the
Effective Date. The chart shall include the identities of the key personnel,
and the curricula vitae of such key personnel to be employed shall be
supplied together with the chart. The Contractor shall promptly inform
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the Employer and the Project Manager in writing of any revision or

alteration of such an organization chart.
18.2 Program of Performance

Within 28 days after the Effective Date, the Contractor shall submit to
the Project Manager a detailed program of performance of the Contract,
made in a form acceptable to the Project Manager 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 Contractor reasonably requires that the Employer shall
have fulfilled its obligations under the Contract so as to enable the
Contractor to execute the Contract in accordance with the program and
to achieve Completion, Commissioning, and Acceptance of the Facilities
in accordance with the Contract. The program so submitted by the
Contractor shall accord with the Time Schedule included in the Appendix
(Time Schedule) to the Contract Agreement and any other dates and
periods specified in the Contract. The Contractor 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 shall monitor progress of all the activities specified in the
program referred to in GCC Subclause 18.2 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 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 Contractor’s actual progress falls behind the program
referred to in GCC Subclause 18.2, or it becomes apparent that it will so
fall behind, the Contractor shall, at the request of the Employer 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 Subclause 8.2, any extension thereof entitled under GCC
Subclause 40.1, or any extended period as may otherwise be agreed
upon between the Employer and the Contractor.
18.5 Procedures
The Contract shall be executed in accordance with the Contract
Documents including the procedures given in the Forms and Procedures
of the Employer’s Requirements.
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The Contractor 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.
19.Subcontracting 19.1 The Appendix 5 (List of Major Items of Plant and Services and List of
Approved Subcontractors) to the Contract Agreement specifies major
items of plant and services and a list of approved Subcontractors
against each item, including manufacturers. Insofar as no
Subcontractors are listed against any such item, the Contractor shall
prepare a list of Subcontractors for such item for inclusion in such list.
The Contractor may from time to time propose any addition to or
deletion from any such list. The Contractor shall submit any such list or
any modification thereto to the Employer for its approval in sufficient
time so as not to impede the progress of work on the Facilities. Such
approval by the Employer for any of the Subcontractors shall not relieve
the Contractor from any of its obligations, duties, or responsibilities
under the Contract.
19.2 The Contractor shall select and employ its Subcontractors for such
major items from those listed in the lists referred to in GCC Subclause
19.1.
19.3 For items or parts of the Facilities not specified in the Appendix (List of
Major Items of Plant and Services and List of Approved Subcontractors
for Major Items) to the Contract Agreement, the Contractor may employ
such Subcontractors as it may select, at its discretion.
19.4 Each subcontract shall include provisions which would entitle the
Employer to require the sub-contract to be assigned to the Employer
under GCC 19.5 (if and when applicable), or in event of termination by
the Employer under GCC 42.2.
19.5 If a Sub-contractor's obligations extend beyond the expiry date of the
relevant Defects Liability Period and the Project Manager, prior to that
date, instructs the Contractor to assign the benefits of such obligations
to the Employer, then the Contractor shall do so.
20. Design and 20.1 Specifications and Drawings
Engineering 20.1.1 The Contractor 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 Contractor 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 Contractor by or on behalf of the Employer.
20.1.2 The Contractor 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
Employer, by giving a notice of such disclaimer to the Project
Manager.
20.2 Codes and Standards
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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 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 subject to approval by the Employer and shall
be treated in accordance with GCC Clause 39.
20.3 Approval/Review of Technical Documents by Project Manager
20.3.1 The Contractor shall prepare or cause its Subcontractors to
prepare, and furnish to the Project Manager the documents listed
in the Appendix (List of Documents for Approval or Review) to the
Contract Agreement for its approval or review as specified and in
accordance with the requirements of GCC Subclause 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 Subclauses 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 14 days after receipt by the Project Manager of any

document requiring the Project Manager’s approval in
accordance with GCC Subclause 20.3.1, the Project Manager
shall either return one copy thereof to the Contractor with its
approval endorsed thereon or shall notify the Contractor in writing
of its disapproval thereof and the reasons therefor and the
modifications that the Project Manager proposes.
If the Project Manager fails to take such action within the said 14
days, then the said document shall be deemed to have been
approved by the Project Manager.
20.3.3 The Project Manager shall not disapprove any document, except
on the grounds that the document does not comply with the
Contract or that it is contrary to good engineering practice. If the
Project Manager disapproves a document, he shall specify the
reasons for his decision.
20.3.4 If the Project Manager disapproves the document, the Contractor

shall modify the document and resubmit it for the Project
Manager’s approval in accordance with GCC Subclause 20.3.2.
If the Project Manager approves the document subject to
modification(s), the Contractor shall make the required
modification(s), whereupon the document shall be deemed to
have been approved.
20.3.5 If any dispute or difference occurs between the Employer and the
Contractor 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
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reasonable period, then such dispute or difference may be

referred to a Dispute Board for determination in accordance with
GCC Subclause 45.3 hereof. If such dispute or difference is
referred to a Dispute Board, the Project Manager shall give
instructions as to whether and, if so, how, performance of the
Contract is to proceed. The Contractor shall proceed with the
Contract in accordance with the Project Manager’s instructions,
provided that if the Dispute Board upholds the Contractor’s view
on the dispute and if the Employer has not given notice under
Subclause 45.3 hereof, then the Contractor shall be reimbursed
by the Employer 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 Dispute Board 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 Contractor, shall not relieve the
Contractor 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 Contractor shall not depart from any approved document
unless the Contractor 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
Subclause 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 shall apply to such request.
21. Procurement 21.1 Materials

Subject to GCC Subclause 14.2, the Contractor shall procure and
transport all materials in an expeditious and orderly manner to the Site.
21.2 Employer-Supplied Materials
If the Appendix (Scope of Works and Supply by the Employer) to the
Contract Agreement provides that the Employer shall furnish any specific
items to the Contractor, the following provisions shall apply:
21.2.1 The Employer 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 Contractor at the time
specified in the program furnished by the Contractor, pursuant to
GCC Subclause 18.2, unless otherwise mutually agreed.
21.2.2 Upon receipt of such item, the Contractor shall inspect the same
visually and notify the Project Manager of any detected shortage,
defect, or default. The Employer shall immediately remedy any
shortage, defect, or default, or the Contractor shall, if practicable
and possible, at the request of the Employer, remedy such
shortage, defect, or default at the Employer’s cost and expense.
After inspection, such item shall fall under the care, custody, and
control of the Contractor. The provision of this GCC Subclause
21.2.2 shall apply to any item supplied to remedy any such
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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 Contractor and its obligations
of care, custody, and control shall not relieve the Employer of
liability for any undetected shortage, defect, or default, nor place
the Contractor under any liability for any such shortage, defect or
default whether under GCC Clause 27 or under any other
provision of Contract.
21.3 Transportation
21.3.1 The Contractor shall at its own risk and expense transport all the
materials and the Contractor’s Equipment to the Site by the mode
of transport that the Contractor judges most suitable under all the
circumstances.
21.3.2 Unless otherwise provided in the Contract, the Contractor shall

be entitled to select any safe mode of transport operated by any
person to carry the materials and the Contractor’s Equipment.
21.3.3 Upon dispatch of each shipment of materials and the Contractor’s

Equipment, the Contractor shall notify the Employer by telex,
cable, facsimile, or electronic means, of the description of the
materials and of the Contractor’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 Contractor shall furnish the Employer with relevant shipping
documents to be agreed upon between the parties.
21.3.4 The Contractor shall be responsible for obtaining, if necessary,

approvals from the authorities for transportation of the materials
and the Contractor’s Equipment to the Site. The Employer shall
use its best endeavors in a timely and expeditious manner to
assist the Contractor in obtaining such approvals, if requested by
the Contractor. The Contractor shall indemnify and hold harmless
the Employer from and against any claim for damage to roads,
bridges, or any other traffic facilities that may be caused by the
transport of the materials and the Contractor’s Equipment to the
Site.
21.4 Customs Clearance

The Contractor shall, at its own expense, handle all imported materials
and Contractor’s Equipment at the point(s) of import and shall handle
any formalities for customs clearance, subject to the Employer’s
obligations under GCC Subclause 14.2, provided that if applicable laws
or regulations require any application or act to be made by or in the name
of the Employer, the Employer shall take all necessary steps to comply
with such laws or regulations. In the event of delays in customs
clearance that are not the fault of the Contractor, the Contractor shall be
entitled to an extension in the Time for Completion, pursuant to GCC
Clause 40.
22. Installation 22.1 Setting Out/Supervision
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22.1.1 Benchmark
(a) The Contractor 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 Employer.
(b) 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 Contractor 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
Employer, the expense of rectifying the same shall be
borne by the Employer.
22.1.2 Contractor’s Supervision

The Contractor 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
Contractor 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.
22.2 Labor
22.2.1 Engagement of Staff and Labor
(a) Except as otherwise stated in the Specification, the
Contractor shall make arrangements for the engagement of
all staff and labor, local or otherwise, and for their payment,
housing, feeding, and transport.
(b) The Contractor 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 Contractor is encouraged to
use local labor that has the necessary skills.
(c) The Contractor 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. The Employer will, if requested by the Contractor,
use his best endeavors in a timely and expeditious manner
to assist the Contractor in obtaining any local, state,
national, or government permission required for bringing in
the Contractor’s personnel.
(d) The Contractor shall at its own expense provide the means
of repatriation to all of its and its Subcontractor’s personnel
employed on the Contract at the Site to the place where
they were recruited or to their domicile. It shall also provide
suitable temporary maintenance of all such persons from
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the cessation of their employment on the Contract to the

date programmed for their departure. In the event that the
Contractor defaults in providing such means of
transportation and temporary maintenance, the Employer
may provide the same to such personnel and recover the
cost of doing so from the Contractor.
22.2.2 Persons in the Service of Employer

The Contractor shall not recruit, or attempt to recruit, staff and
labor from amongst the Employer’s Personnel.
22.2.3 Labor Laws

(a) The Contractor shall comply with all the relevant labor Laws
applicable to the Contractor’s Personnel, including Laws
relating to their employment, health, safety, welfare,
immigration, and emigration, and shall allow them all their
legal rights.
(b) The Contractor 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 Subcontractors.
(c) The Contractor shall, in all dealings with its labor and the
labor of its Subcontractors 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.
22.2.4 Rates of Wages and Conditions of Labor

(a) The Contractor shall pay rates of wages, and observe
conditions of labor, which are not lower than those
established for the trade or industry where the work is
carried out. If no established rates or conditions are
applicable, the Contractor shall pay rates of wages and
observe conditions which are not lower than the general
level of wages and conditions observed locally by
employers whose trade or industry is similar to that of the
Contractor.
(b) The Contractor shall inform the Contractor’s Personnel
about their liability to pay personal income taxes in the
Country in respect of such of their salaries, wages, and
allowances as are chargeable under the Laws for the time
being in force, and the Contractor shall perform such duties
in regard to such deductions thereof as may be imposed on
him by such Laws.
22.2.5 Working Hours

(a) No work shall be carried out on the Site on locally
recognized days of rest, or outside the normal working
hours stated in the SCC, unless
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(i) otherwise stated in the Contract;

(ii) the Project Manager gives consent; or
(iii the work is unavoidable, or necessary for the
protection of life or property or for the safety of the
Works, in which case the Contractor shall
immediately advise the Project Manager.
(b) If and when the Contractor considers it necessary to carry
out work at night or on public holidays so as to meet the
Time for Completion and requests the Project Manager’s
consent thereto, the Project Manager shall not
unreasonably withhold such consent.
(c) This Subclause shall not apply to any work which is
customarily carried out by rotary or double shifts.
22.2.6 Facilities for Staff and Labor

(a) Except as otherwise stated in the Specification, the
Contractor shall provide and maintain all necessary
accommodation and welfare facilities for the Contractor’s
Personnel. The Contractor shall also provide facilities for
the Employer’s Personnel as stated in the Specification.
(b) The Contractor shall not permit any of the Contractor’s
Personnel to maintain any temporary or permanent living
quarters within the structures forming part of the Permanent
Works.
22.2.7 Health and Safety

(a) The Contractor shall at all times take all reasonable
precautions to maintain the health and safety of the
Contractor’s Personnel. In collaboration with local health
authorities, the Contractor shall ensure that medical staff,
first aid facilities, sick bay, and ambulance service are
available at all times at the Site and at any accommodation
for Contractor’s and Employer’s Personnel, and that
suitable arrangements are made for all necessary welfare
and hygiene requirements and for the prevention of
epidemics.
(b) The Contractor shall appoint an accident prevention officer
at the Site, responsible for maintaining safety and
protection against accidents. This person shall be qualified
for this responsibility, and shall have the authority to issue
instructions and take protective measures to prevent
accidents. Throughout the performance of the Contract, the
Contractor shall provide whatever is required by this person
to exercise this responsibility and authority.
(c) The Contractor shall send to the Project Manager, details

of any accident as soon as practicable after its occurrence.
The Contractor shall maintain records and make reports
concerning health, safety, and welfare of persons, and
damage to property, as the Project Manager may
reasonably require.
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22.2.8 Funeral Arrangements

In the event of the death of any of the Contractor’s personnel or
accompanying members of their families, the Contractor shall
be responsible for making the appropriate arrangements for
their return or burial, unless otherwise specified in the SCC.
22.2.9 Records of Contractor’s Personnel

The Contractor shall keep accurate records of the Contractor’s
personnel, including the number of each class of Contractor’s
Personnel on the Site and the names, ages, gender, hours
worked, and wages paid to all workers. These records shall be
summarized on a monthly basis in a form approved by the
Project Manager and shall be available for inspection by the
Project Manager until the Contractor has completed all work.
22.2.10 Supply of Foodstuff

The Contractor shall arrange for the provision of a sufficient
supply of suitable food as may be stated in the Specification at
reasonable prices for the Contractor’s Personnel for the
purposes of or in connection with the Contract.
22.2.11 Supply of Water

The Contractor shall, having regard to local conditions, provide
on the Site an adequate supply of drinking and other water for
the use of the Contractor’s Personnel.
22.2.12 Measures against Insect and Pest Nuisance

The Contractor shall at all times take the necessary precautions
to protect the Contractor’s Personnel employed on the Site from
insect and pest nuisance, and to reduce their danger to health.
The Contractor shall comply with all the regulations of the local
health authorities, including use of appropriate insecticide.
22.2.13 Alcoholic Liquor or Drugs

The Contractor shall not, otherwise than in accordance with the
Laws of the Country, import, sell, give barter, or otherwise
dispose of any alcoholic liquor or drugs, or permit or allow
importation, sale, gift barter, or disposal by Contractor's
Personnel.
22.2.14 Arms and Ammunition

The Contractor shall not give, barter, or otherwise dispose of,
to any person, any arms or ammunition of any kind, or allow
Contractor's Personnel to do so.
22.2.15 Prohibition of All Forms of Forced or Compulsory Labor

The contractor shall not employ "forced or compulsory labor" in
any form. "Forced or compulsory labor" consists of all work or
service, not voluntarily performed, that is extracted from an
individual under threat of force or penalty.
22.2.16 Prohibition of Harmful Child Labor

The Contractor shall not employ any child to perform any work
that is economically exploitative, or is likely to be hazardous to,
or to interfere with, the child's education, or to be harmful to the
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child's health or physical, mental, spiritual, moral, or social

development.
22.3 Contractor’s Equipment

22.3.1 All Contractor’s Equipment brought by the Contractor onto the
Site shall be deemed to be intended to be used exclusively for
the execution of the Contract. The Contractor shall not remove
the same from the Site without the Project Manager’s consent
that such Contractor’s Equipment is no longer required for the
execution of the Contract.
22.3.2 Unless otherwise specified in the Contract, upon completion of

the Facilities, the Contractor shall remove from the Site all
Equipment brought by the Contractor onto the Site and any
surplus materials remaining thereon.
22.3.3 The Employer will, if requested, use its best endeavors to assist
the Contractor in obtaining any local, state or national
government permission required by the Contractor for the
export of the Contractor’s Equipment imported by the
Contractor for use in the execution of the Contract that is no
longer required for the execution of the Contract.
22.4 Site Regulations and Safety

The Employer and the Contractor 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 Contractor shall prepare and submit to
the Employer, with a copy to the Project Manager, proposed Site
regulations for the Employer’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.
22.5 Opportunities for Other Contractors

22.5.1 The Contractor shall, upon written request from the Employer
or the Project Manager, give all reasonable opportunities for
carrying out the work to any other contractors employed by the
Employer on or near the Site.
22.5.2 If the Contractor, upon written request from the Employer or the
Project Manager, makes available to other contractors any
roads or ways the maintenance for which the Contractor is
responsible, permits the use by such other contractors of the
Contractor’s Equipment, or provides any other service of
whatsoever nature for such other contractors, the Employer
shall fully compensate the Contractor for any loss or damage
caused or occasioned by such other contractors in respect of
any such use or service, and shall pay to the Contractor
reasonable remuneration for the use of such equipment or the
provision of such services.
22.5.3 The Contractor shall also so arrange to perform its work as to

minimize, to the extent possible, interference with the work of
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other contractors. The Project Manager shall determine the

resolution of any difference or conflict that may arise between
the Contractor and other contractors and the workers of the
Employer in regard to their work.
22.5.4 The Contractor shall notify the Project Manager promptly of any
defects in the other Contractors’ work that come to its notice,
and that could affect the Contractor’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
Contractor.
22.6 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 Contractor
shall immediately carry out such work.
If the Contractor is unable or unwilling to do such work immediately, the

Employer may do or cause such work to be done as the Employer may
determine is necessary in order to prevent damage to the Facilities. In
such event the Employer shall, as soon as practicable after the
occurrence of any such emergency, notify the Contractor in writing of
such emergency, the work done and the reasons therefor. If the work
done or caused to be done by the Employer is work that the Contractor
was liable to do at its own expense under the Contract, the reasonable
costs incurred by the Employer in connection therewith shall be paid by
the Contractor to the Employer. Otherwise, the cost of such remedial
work shall be borne by the Employer.
22.7 Site Clearance

22.7.1 Site Clearance in Course of Performance
In the course of carrying out the Contract, the Contractor 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 Contractor’s Equipment no longer required for
execution of the Contract.
22.7.2 Clearance of Site after Completion

After Completion of all parts of the Facilities, the Contractor
shall clear away and remove all wreckage, rubbish, and debris
of any kind from the Site, and shall leave the Site and Facilities
in a clean and safe condition.
22.8 Watching and Lighting

The Contractor 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
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owners and occupiers of adjacent property and for the safety of the
public.
23. Test and 23.1 The Contractor shall at its own expense carry out at the place of
Inspection manufacture and/or on the Site all such tests and/or inspections of the
Plant and any part of the Facilities as are specified in the Contract.
23.2 The Employer and the Project Manager or their designated

representatives shall be entitled to attend the aforesaid test and/or
inspection, provided that the Employer shall bear all costs and expenses
incurred in connection with such attendance including, but not limited to,
all traveling and board and lodging expenses.
23.3 Whenever the Contractor is ready to carry out any such test and/or
inspection, the Contractor shall give a reasonable advance notice of
such test and/or inspection and of the place and time thereof to the
Project Manager. The Contractor shall obtain from any relevant third
party or manufacturer any necessary permission or consent to enable
the Employer and the Project Manager or their designated
representatives to attend the test and/or inspection.
23.4 The Contractor shall provide the Project Manager with a certified report
of the results of any such test and/or inspection.
If the Employer 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 Contractor 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 Contractor to carry out any test
and/or inspection not required by the Contract, provided that the
Contractor’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 Contractor’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 or any part of the Facilities fails to pass any test and/or
inspection, the Contractor shall either rectify or replace such Plant or part
of the Facilities and shall repeat the test and/or inspection upon giving a
notice under GCC Subclause 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 or
part of the Facilities that cannot be settled between the parties within a
reasonable period of time, it may be referred to an Dispute Board for
determination in accordance with GCC Subclause 45.3.
23.8 The Contractor shall afford the Employer and the Project Manager, at
the Employer’s expense, access at any reasonable time to any place
where the Plant are being manufactured or the Facilities are being
installed, in order to inspect the progress and the manner of manufacture
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or installation, provided that the Project Manager shall give the

Contractor a reasonable prior notice.
23.9 The Contractor agrees that neither the execution of a test and/or
inspection of Plant or any part of the Facilities, nor the attendance by the
Employer or the Project Manager, nor the issue of any test certificate
pursuant to GCC Subclause 23.4, shall release the Contractor 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 Contractor carrying out any test and/or inspection required
under the Contract. The Contractor shall give a reasonable notice to the
Project Manager whenever any such parts of the Facilities or foundations
are ready or about to be ready for test and/or inspection; such test and/or
inspection and notice thereof shall be subject to the requirements of the
Contract.
23.11 The Contractor 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 parts of the Facilities or foundations have been covered up at the

Site after compliance with the requirement of GCC Subclause 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 Employer, and the Time for
Completion shall be reasonably adjusted to the extent that the Contractor
has thereby been delayed or impeded in the performance of any of its
obligations under the Contract.
24. Completion of 24.1 As soon as the Facilities or any part thereof has, in the opinion of the
the Facilities Contractor, been completed operationally and structurally and put in a
tight and clean condition as specified in the Employer’s Requirements,
excluding minor items not materially affecting the operation or safety of
the Facilities, the Contractor shall so notify the Employer in writing.
24.2 Within 7 days after receipt of the notice from the Contractor under GCC
Subclause 24.1, the Employer shall supply the operating and
maintenance personnel specified in the Appendix (Scope of Works and
Supply by the Employer) to the Contract Agreement for Pre-
commissioning of the Facilities or any part thereof.
Pursuant to the Appendix (Scope of Works and Supply by the Employer)

to the Contract Agreement, the Employer shall also provide, within the
said 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 Employer and the raw materials,
utilities, lubricants, chemicals, catalysts, facilities, services, and other
matters have been provided by the Employer in accordance with GCC
Subclause 24.2, the Contractor shall commence Pre-commissioning of
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the Facilities or the relevant part thereof in preparation for

Commissioning, subject to GCC Subclause 25.5.
24.4 As soon as all works in respect of Pre-commissioning are completed

and, in the opinion of the Contractor, the Facilities or any part thereof is
ready for Commissioning, the Contractor shall so notify the Project
Manager in writing.
24.5 The Project Manager shall, within 14 days after receipt of the
Contractor’s notice under GCC Subclause 24.4, either issue a
Completion Certificate in the form specified in the Employer’s
Requirements (Forms and Procedures), stating that the Facilities or that
part thereof have reached Completion as of the date of the Contractor’s
notice under GCC Subclause 24.4, or notify the Contractor in writing of
any defects and/or deficiencies.
If the Project Manager notifies the Contractor of any defects and/or

deficiencies, the Contractor shall then correct such defects and/or
deficiencies, and shall repeat the procedure described in GCC
Subclause 24.4.
If the Project Manager is satisfied that the Facilities or that part thereof
have reached Completion, the Project Manager shall, within 7 days after
receipt of the Contractor’s repeated notice, issue a Completion
Certificate stating that the Facilities or that part thereof have reached
Completion as of the date of the Contractor’s repeated notice.
If the Project Manager is not so satisfied, then it shall notify the

Contractor in writing of any defects and/or deficiencies within 7 days after
receipt of the Contractor’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 Contractor of any defects and/or deficiencies within 14 days
after receipt of the Contractor’s notice under GCC Subclause 24.4 or
within 7 days after receipt of the Contractor’s repeated notice under GCC
Subclause 24.5, or if the Employer 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 Contractor’s notice or repeated
notice, or as of the Employer’s use of the Facilities, as the case may be.
24.7 As soon as possible after Completion, the Contractor shall complete all
outstanding minor items so that the Facilities are fully in accordance with
the requirements of the Contract, failing which the Employer will
undertake such completion and deduct the costs thereof from any
monies owing to the Contractor.
24.8 Upon Completion, the Employer 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 25.1 Commissioning

and Operational
25.1.1 Commissioning of the Facilities or any part thereof shall be
Acceptance
commenced by the Contractor immediately after issue of the
Completion Certificate by the Project Manager, pursuant to GCC
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Subclause 24.5, or immediately after the date of the deemed

Completion, under GCC Subclause 24.6.
25.1.2 The Employer shall supply the operating and maintenance

personnel and all raw materials, utilities, lubricants, chemicals,
catalysts, facilities, services, and other matters required for
Commissioning.
25.1.3 In accordance with the requirements of the Contract, the

Contractor’s and Project Manager’s advisory personnel shall
attend the Commissioning, including the Guarantee Test, and
shall advise and assist the Employer.
25.2 Guarantee Test

25.2.1 Subject to GCC Subclause 25.5, the Guarantee Test and repeats
thereof shall be conducted by the Contractor during
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 Appendix (Functional
Guarantees) to the Contract Agreement. The Employer shall
promptly provide the Contractor with such information as the
Contractor 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 Contractor, 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 Employer and the Contractor, the Contractor shall be
deemed to have fulfilled its obligations with respect to the
Functional Guarantees, and GCC Subclauses 28.2 and 28.3 shall
not apply.
25.3 Operational Acceptance

25.3.1 Subject to GCC Subclause 25.4 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
Contractor within the period from the date of Completion
specified in the SCC, or any other agreed upon period as
specified in GCC Subclause 25.2.2 above; or
(c) the Contractor has paid the liquidated damages specified in
GCC Subclause 28.3 hereof; and
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(d) any minor items mentioned in GCC Subclause 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 Subclause
25.3.1 have occurred, the Contractor may give a notice to the
Project Manager requesting the issue of an Operational
Acceptance Certificate in the form provided in the Employer’s
Requirements (Forms and Procedures) in respect of the Facilities
or the part thereof specified in such notice as of the date of such
notice.
25.3.3 The Project Manager shall, after consultation with the Employer,
and within 7 days after receipt of the Contractor’s notice, issue an
Operational Acceptance Certificate.
25.3.4 If within 7 days after receipt of the Contractor’s notice, the Project
Manager fails to issue the Operational Acceptance Certificate or
fails to inform the Contractor 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 of the date of the
Contractor’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 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 Contractor shall thereafter complete any outstanding
minor items that are listed in the Operational Acceptance
Certificate.
25.5 Delayed Pre-Commissioning and/or Guarantee Test

25.5.1 In the event that the Contractor is unable to proceed with the Pre-
commissioning of the Facilities pursuant to Subclause 24.3, or
with the Guarantee Test pursuant to Subclause 25.2, for reasons
attributable to the Employer either on account of non availability
of other facilities under the responsibilities of other contractor(s),
or for reasons beyond the Employer’s control, the provisions
leading to “deemed” completion of activities such as Completion,
pursuant to GCC Subclause 24.6, and Operational Acceptance,
pursuant to GCC Subclause 25.3.4, and Contractor’s obligations
regarding Defect Liability Period, pursuant to GCC Subclause
27.2, Functional Guarantee, pursuant to GCC Clause 28, and
Care of Facilities, pursuant to GCC Clause 32, and GCC Clause
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41.1, Suspension, shall not apply. In this case, the following

provisions shall apply.
25.5.2 When the Contractor is notified by the Project Manager that he

will be unable to proceed with the activities and obligations
pursuant to above Subclause 25.5.1, the Contractor shall be
entitled to the following:
(a) the Time of Completion shall be extended for the period of

suspension without imposition of liquidated damages
pursuant to GCC Subclause 26.2;
(b) payments due to the Contractor in accordance with the

provision specified in the Appendix (Terms and
Procedures of Payment) to the Contract Agreement, which
would not have been payable in normal circumstances due
to noncompletion of the subject activities, shall be released
to the Contractor against submission of a security in the
form of a bank guarantee of equivalent amount acceptable
to the Employer, and which shall become null and void
when the Contractor will have complied with its obligations
regarding those payments, subject to the provision of
Subclause 25.5.3 below;
(c) the expenses towards the above security and extension of

other securities under the contract, of which validity needs
to be extended, shall be reimbursed to the Contractor by
the Employer;
(d) the additional charges towards the care of the Facilities

pursuant to GCC Subclause 32.1 shall be reimbursed to
the Contractor by the Employer for the period between the
notification mentioned above and the notification
mentioned in Subclause 25.5.4 below. The provision of
GCC Subclause 33.2 shall apply to the Facilities during the
same period.
25.5.3 In the event that the period of suspension under above

Subclause 25.5.1 actually exceeds 180 days, the Employer and
Contractor shall mutually agree to any additional compensation
payable to the Contractor.
25.5.4 When the Contractor is notified by the Project Manager that the
plant is ready for Pre-commissioning, the Contractor shall
proceed without delay in performing all the specified activities
and obligations under the contract.
F. Guarantees and Liabilities

26. Completion 26.1 The Contractor guarantees that it shall attain Completion of the Facilities
Time Guarantee (or a part for which a separate time for completion is specified) within
the Time for Completion specified in the SCC pursuant to GCC
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Subclause 8.2, or within such extended time to which the Contractor

shall be entitled under GCC Clause 40 hereof.
26.2 If the Contractor fails to attain Completion of the Facilities or any part
thereof within the Time for Completion or any extension thereof under
GCC Clause 40, the Contractor shall pay to the Employer liquidated
damages in the amount specified in the SCC as a percentage rate of the
Contract Price or the relevant part thereof. The aggregate amount of
such liquidated damages shall in no event exceed the amount specified
as “Maximum” in the SCC as a percentage rate of the Contract Price.
Once the “Maximum” is reached, the Employer may consider
termination of the Contract, pursuant to GCC Subclause 42.2.2.
Such payment shall completely satisfy the Contractor’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.
The Contractor shall have no further liability whatsoever to the Employer
in respect thereof.
However, the payment of liquidated damages shall not in any way

relieve the Contractor from any of its obligations to complete the
Facilities or from any other obligations and liabilities of the Contractor
under the Contract.
Save for liquidated damages payable under this GCC Subclause 26.2,
the failure by the Contractor to attain any milestone or other act, matter
or thing by any date specified in the Appendix (Time Schedule) to the
Contract Agreement and/or other program of work prepared pursuant to
GCC Subclause 18.2 shall not render the Contractor liable for any loss
or damage thereby suffered by the Employer.
26.3 If the Contractor attains Completion of the Facilities or any part thereof
before the Time for Completion or any extension thereof under GCC
Clause 40, the Employer shall pay to the Contractor a bonus in the
amount specified in the SCC. The aggregate amount of such bonus
shall in no event exceed the amount specified as “Maximum” in the SCC.
27. Defect Liability 27.1 The Contractor warrants that the Facilities or any part thereof shall be
free from defects in the design, engineering, materials, and
workmanship of the Plant supplied and of the work executed.
27.2 The Defect Liability Period shall be 540 days from the date of
Completion of the Facilities (or any part thereof) or 1 year from the date
of Operational Acceptance of the Facilities (or any part thereof),
whichever first occurs, unless specified otherwise in the SCC pursuant
to GCC Subclause 27.10.
If during the Defect Liability Period any defect should be found in the
design, engineering, materials, and workmanship of the Plant supplied
or of the work executed by the Contractor, the Contractor shall promptly,
in consultation and agreement with the Employer regarding appropriate
remedying of the defects, and at its cost, repair, replace, or otherwise
make good as the Contractor shall determine at its discretion, such
defect as well as any damage to the Facilities caused by such defect.
The Contractor shall not be responsible for the repair, replacement, or
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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
Employer,
(b) operation of the Facilities outside specifications provided in the
Contract, or
(c) normal wear and tear.
27.3 The Contractor’s obligations under this GCC Clause 27 shall not apply
to:
(a) any materials that are supplied by the Employer under GCC
Subclause 21.2, 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 Employer or any matters for which
the Contractor has disclaimed responsibility herein; or
(c) any other materials supplied or any other work executed by or on
behalf of the Employer, except for the work executed by the
Employer under GCC Subclause 27.7.
27.4 The Employer shall give the Contractor a notice stating the nature of any
such defect together with all available evidence thereof, promptly
following the discovery thereof. The Employer shall afford all reasonable
opportunity for the Contractor to inspect any such defect.
27.5 The Employer shall afford the Contractor all necessary access to the
Facilities and the Site to enable the Contractor to perform its obligations
under this GCC Clause 27.
The Contractor may, with the consent of the Employer, remove from the
Site any Plant 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
Employer may give to the Contractor a notice requiring that tests of the
defective part of the Facilities shall be made by the Contractor
immediately upon completion of such remedial work, whereupon the
Contractor shall carry out such tests.
If such part fails the tests, the Contractor 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 shall be agreed upon by the
Employer and the Contractor.
27.7 If the Contractor 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
15 days), the Employer may, following notice to the Contractor, proceed
to do such work, and the reasonable costs incurred by the Employer in
connection therewith shall be paid to the Employer by the Contractor or
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may be deducted by the Employer from any monies due the Contractor
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 Employer because of any of the aforesaid reasons.
27.9 Except as provided in GCC Clauses 27 and 33, the Contractor 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, 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 willful
action of the Contractor.
27.10 In addition, any such component of the Facilities and during the period
of time as may be specified in the SCC shall be subject to an extended
Defect Liability Period. Such obligation of the Contractor shall be in
addition to the Defect Liability Period specified under GCC Subclause
27.2.
28. Functional 28.1 The Contractor guarantees that during the Guarantee Test, the Facilities
Guarantees and all parts thereof shall attain the Functional Guarantees specified in
the Appendix (Functional Guarantees) to the Contract Agreement,
subject to, and upon the conditions therein specified.
28.2 If, for reasons attributable to the Contractor, the minimum level of the
Functional Guarantees specified in the Appendix (Functional
Guarantees) to the Contract Agreement are not met either in whole or in
part, the Contractor shall 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 at least the minimum level of such Guarantees.
The Contractor shall notify the Employer upon completion of the
necessary changes, modifications, and/or additions, and shall request
the Employer to repeat the Guarantee Test until the minimum level of
the Guarantees has been met. If the Contractor eventually fails to meet
the minimum level of Functional Guarantees, the Employer may
consider termination of the Contract, pursuant to GCC Subclause
42.2.2.
28.3 If, for reasons attributable to the Contractor, the Functional Guarantees
specified in the Appendix (Functional Guarantees) to the Contract
Agreement are not attained either in whole or in part, but the minimum
level of the Functional Guarantees specified in the said Appendix to the
Contract Agreement is met, the Contractor shall, at the Contractor’s
option, either
(a) make such changes, modifications, and/or additions to the
Facilities or any part thereof that are necessary to attain the
Functional Guarantees at its cost and expense, and shall request
the Employer to repeat the Guarantee Test or
(b) pay liquidated damages to the Employer in respect of the failure
to meet the Functional Guarantees in accordance with the
provisions in the Appendix (Functional Guarantees) to the
Contract Agreement.
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28.4 The payment of liquidated damages under GCC Subclause 28.3, up to

the limitation of liability specified in the Appendix (Functional
Guarantees) to the Contract Agreement, shall completely satisfy the
Contractor’s guarantees under GCC Subclause 28.3, and the Contractor
shall have no further liability whatsoever to the Employer in respect
thereof. Upon the payment of such liquidated damages by the
Contractor, 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 29.1 The Contractor shall, subject to the Employer’s compliance with GCC
Indemnity Subclause 29.2, indemnify and hold harmless the Employer 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 Employer 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 Contractor 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 materials
not supplied by the Contractor, pursuant to the Contract Agreement.
29.2 If any proceedings are brought or any claim is made against the
Employer arising out of the matters referred to in GCC Subclause 29.1,
the Employer shall promptly give the Contractor a notice thereof, and
the Contractor may at its own expense and in the Employer’s name
conduct such proceedings or claim and any negotiations for the
settlement of any such proceedings or claim.
If the Contractor fails to notify the Employer within 28 days after receipt
of such notice that it intends to conduct any such proceedings or claim,
then the Employer shall be free to conduct the same on its own behalf.
Unless the Contractor has so failed to notify the Employer within the 28-
day period, the Employer shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The Employer shall, at the Contractor’s request, afford all available

assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.
29.3 The Employer shall indemnify and hold harmless the Contractor and its
employees, officers, and Subcontractors 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 Contractor may suffer as a
result of any infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright, or other intellectual
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property right registered or otherwise existing at the date of the 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 Employer.
30. Limitation of 30.1 Except in cases of criminal negligence or willful misconduct,

Liability
(a) the Contractor shall not be liable to the Employer, 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 Contractor to pay liquidated damages to the
Employer, and
(b) the aggregate liability of the Contractor to the Employer, whether
under the Contract, in tort or otherwise, shall not exceed a multiple
of the Contract Price specified in the SCC or, if a multiple is not so
specified, the total Contract Price, provided that this limitation shall
not apply to the cost of repairing or replacing defective equipment,
or to any obligation of the Contractor to indemnify the Employer
with respect to patent infringement.
G. Risk Distribution
31. Transfer of 31.1 Ownership of the Plant (including spare parts) to be imported into the
Ownership country where the Site is located shall be transferred to the Employer
upon loading on to the mode of transport to be used to convey the Plant
from the country of origin to that country.
31.2 Ownership of the Plant (including spare parts) procured in the country
where the Site is located shall be transferred to the Employer when the
Plant are brought on to the Site.
31.3 Ownership of the Contractor’s Equipment used by the Contractor and its
Subcontractors in connection with the Contract shall remain with the
Contractor or its Subcontractors.
31.4 Ownership of any Plant in excess of the requirements for the Facilities
shall revert to the Contractor upon Completion of the Facilities or at such
earlier time when the Employer and the Contractor agree that the Plant
in question are no longer required for the Facilities.
31.5 Notwithstanding the transfer of ownership of the Plant, the responsibility

for care and custody thereof together with the risk of loss or damage
thereto shall remain with the Contractor pursuant to GCC Clause 32
(Care of Facilities) hereof until Completion of the Facilities or the part
thereof in which such Plant are incorporated.
32. Care of Facilities 32.1 The Contractor 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 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 Contractor shall also be
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responsible for any loss or damage to the Facilities caused by the

Contractor or its Subcontractors in the course of any work carried out,
pursuant to GCC Clause 27. Notwithstanding the foregoing, the
Contractor 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 Subclauses 32.2 and
38.1.
32.2 If any loss or damage occurs to the Facilities or any part thereof or to
the Contractor’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 contractor 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 and Political Risks, taken out under GCC
Clause 34 hereof; or
(b) any use or occupation by the Employer or any third party other
than a Subcontractor, authorized by the Employer of any part of
the Facilities; or
(c) any use of or reliance upon any design, data, or specification
provided or designated by or on behalf of the Employer, or any
such matter for which the Contractor has disclaimed responsibility
herein,
the Employer shall pay to the Contractor all sums payable in respect of
the Facilities executed, notwithstanding that the same be lost,
destroyed, or damaged, and will pay to the Contractor the replacement
value of all temporary facilities and all parts thereof lost, destroyed, or
damaged. If the Employer requests the Contractor in writing to make
good any loss or damage to the Facilities thereby occasioned, the
Contractor shall make good the same at the cost of the Employer in
accordance with GCC Clause 39. If the Employer does not request the
Contractor in writing to make good any loss or damage to the Facilities
thereby occasioned, the Employer shall either request a change in
accordance with GCC Clause 39, 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 Employer shall
terminate the Contract pursuant to GCC Subclause 42.1 hereof.
32.3 The Contractor shall be liable for any loss of or damage to any
Contractor’s Equipment, or any other property of the Contractor used or
intended to be used for purposes of the Facilities, except (i) as
mentioned in GCC Subclause 32.2 with respect to the Contractor’s
temporary facilities, and (ii) where such loss or damage arises by reason
of any of the matters specified in GCC Subclauses 32.2 (b) and (c) and
38.1.
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32.4 With respect to any loss or damage caused to the Facilities or any part
thereof or to the Contractor’s Equipment by reason of any of the matters
specified in GCC Subclause 38.1, the provisions of GCC Subclause
38.3 shall apply.
33. Loss of or 33.1 Subject to GCC Subclause 33.3, the Contractor shall indemnify and hold
Damage to harmless the Employer and its employees and officers from and against
Property; any and all suits, actions, or administrative proceedings, claims,
Accident or Injury demands, losses, damages, costs, and expenses of whatsoever nature,
to Workers; including attorney’s fees and expenses, in respect of the death or injury
Indemnification 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
Contractor or its Subcontractors, or their employees, officers, or agents,
except any injury, death, or property damage caused by the negligence
of the Employer, its contractors, employees, officers, or agents.
33.2 If any proceedings are brought or any claim is made against the
Employer that might subject the Contractor to liability under GCC
Subclause 33.1, the Employer shall promptly give the Contractor a
notice thereof and the Contractor may at its own expense and in the
Employer’s name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.
If the Contractor fails to notify the Employer within 28 days after receipt
of such notice that it intends to conduct any such proceedings or claim,
then the Employer shall be free to conduct the same on its own behalf.
Unless the Contractor has so failed to notify the Employer within the 28-
day period, the Employer shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The Employer shall, at the Contractor’s request, afford all available

assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.
33.3 The Employer shall indemnify and hold harmless the Contractor and its
employees, officers, and Subcontractors from any liability for loss of or
damage to property of the Employer, 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, provided that such fire, explosion, or other perils were not
caused by any act or failure of the Contractor.
33.4 The party entitled to the benefit of an indemnity under this GCC Clause
33 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 the Appendix (Insurance Requirements) to the
Contract Agreement, the Contractor 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
in the sums and with the deductibles and other conditions specified in
the said Appendix. The identity of the insurers and the form of the
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policies shall be subject to the approval of the Employer, who should not
unreasonably withhold such approval.
(a) Cargo Insurance During Transport
Covering loss or damage occurring while in transit from the
Contractor’s or Subcontractor’s works or stores until arrival at the
Site, to the Plant (including spare parts therefor) and to the
Contractor’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 Contractor’s liability in respect of
any loss or damage occurring during the Defect Liability Period
while the Contractor 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 Employer’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 Contractor or its
Subcontractors, whether or not owned by them, in connection with
the execution of the Contract.
(e) Workers’ Compensation

In accordance with the statutory requirements applicable in any
country where the Contract or any part thereof is executed.
(f) Employer’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 Appendix (Insurance Requirements)
to the Contract Agreement.
34.2 The Employer shall be named as co-insured under all insurance policies
taken out by the Contractor pursuant to GCC Subclause 34.1, except for
the Third Party Liability, Workers’ Compensation, and Employer’s
Liability Insurances, and the Contractor’s Subcontractors shall be
named as co-insureds under all insurance policies taken out by the
Contractor pursuant to GCC Subclause 34.1 except for the Cargo
Insurance During Transport, Workers’ Compensation, and Employer’s
Liability Insurances. All insurer’s 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.
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34.3 The Contractor shall, in accordance with the provisions of the Appendix
(Insurance Requirements) to the Contract Agreement, deliver to the
Employer 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 21 days’ notice shall be given
to the Employer by insurers prior to cancellation or material modification
of a policy.
34.4 The Contractor shall ensure that, where applicable, its Subcontractor(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 Subcontractors are covered by the policies taken
out by the Contractor.
34.5 The Employer shall at its expense take out and maintain in effect during
the performance of the Contract those insurances specified in the
Appendix (Insurance Requirements) to the Contract Agreement, in the
sums and with the deductibles and other conditions specified in the said
Appendix. The Contractor and the Contractor’s Subcontractors shall be
named as co-insureds under all such policies. 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.
The Employer shall deliver to the Contractor satisfactory evidence that
the required insurances are in full force and effect. The policies shall
provide that not less than 21 days’ notice shall be given to the Contractor
by all insurers prior to any cancellation or material modification of the
policies. If so requested by the Contractor, the Employer shall provide
copies of the policies taken out by the Employer under this GCC
Subclause 34.5.
34.6 If the Contractor fails to take out and/or maintain in effect the insurances
referred to in GCC Subclause 34.1, the Employer may take out and
maintain in effect any such insurances and may from time to time deduct
from any amount due the Contractor under the Contract any premium
that the Employer shall have paid to the insurer, or may otherwise
recover such amount as a debt due from the Contractor. If the Employer
fails to take out and/or maintain in effect the insurances referred to in
GCC 34.5, the Contractor may take out and maintain in effect any such
insurances and may from time to time deduct from any amount due the
Employer under the Contract any premium that the Contractor shall have
paid to the insurer, or may otherwise recover such amount as a debt due
from the Employer. If the Contractor fails to or is unable to take out and
maintain in effect any such insurances, the Contractor shall
nevertheless have no liability or responsibility towards the Employer,
and the Contractor shall have full recourse against the Employer for any
and all liabilities of the Employer herein.
34.7 Unless otherwise provided in the Contract, the Contractor 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 Contractor. The Employer shall give to the
Contractor all such reasonable assistance as may be required by the
Contractor. With respect to insurance claims in which the Employer’s
interest is involved, the Contractor shall not give any release or make
any compromise with the insurer without the prior written consent of the
Employer. With respect to insurance claims in which the Contractor’s
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interest is involved, the Employer shall not give any release or make any
compromise with the insurer without the prior written consent of the
Contractor.
35. Unforeseen 35.1 If, during the execution of the Contract, the Contractor shall encounter
Conditions 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 contractor on
the basis of reasonable examination of the data relating to the Facilities
including any data as to boring tests, provided by the Employer, 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 Contractor
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 Contractor shall promptly, and before performing
additional work or using additional Plant or Contractor’s Equipment,
notify the Project 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/or Contractor’s Equipment

required, including the steps which the Contractor will or proposes
to take to overcome such conditions or obstructions;
(c) the extent of the anticipated delay; and
(d) the additional cost and expense that the Contractor is likely to
incur.
On receiving any notice from the Contractor under this GCC Subclause
35.1, the Project Manager shall promptly consult with the Employer and
Contractor 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 Contractor,
with a copy to the Employer, of the actions to be taken.
35.2 Any reasonable additional cost and expense incurred by the Contractor
in following the instructions from the Project Manager to overcome such
physical conditions or artificial obstructions referred to in GCC
Subclause 35.1 shall be paid by the Employer to the Contractor as an
addition to the Contract Price.
35.3 If the Contractor is delayed or impeded in the performance of the

Contract because of any such physical conditions or artificial
obstructions referred to in GCC Subclause 35.1, the Time for
Completion shall be extended in accordance with GCC Clause 40.
36. Change in Laws 36.1 If, after the date 28 days prior to the date of Bid submission, in the
and Regulations country where the Site is located, any law, regulation, ordinance, order
or by-law having the force of law is enacted, promulgated, abrogated, or
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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 Contractor 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 Contractor has thereby been affected in the performance
of any of its obligations under the Contract. 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 SCC,
pursuant to GCC Subclause 11.2.
37. Force Majeure 37.1 “Force Majeure” shall mean any event beyond the reasonable control of
the Employer or of the Contractor, as the case may be, and which is
unavoidable notwithstanding the reasonable care of the party affected,
and shall include, without limitation, the following:
(a) war, hostilities, or warlike operations whether a state of war be

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;
(c) confiscation, nationalization, mobilization, commandeering or

requisition by or under the order of any government or de jure or
de facto authority or ruler or any other act or failure to act of any
local state or national government authority;
(d) strike, sabotage, lockout, embargo, import restriction, port

congestion, lack of usual means of public transportation and
communication, industrial dispute, shipwreck, shortage or
restriction of power supply, epidemics, quarantine, and plague;
(e) earthquake, landslide, volcanic activity, fire, flood or inundation,

tidal wave, typhoon or cyclone, hurricane, storm, lightning, or
other inclement weather condition, nuclear, and pressure waves
or other natural or physical disaster; and
(f) shortage of labor, materials, or utilities where caused by

circumstances that are themselves Force Majeure.
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 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.
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
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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 Subclauses 37.6 and 38.5.
37.5 No delay or nonperformance by either party hereto caused by the

occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract; or
(b) give rise to any claim for damages or additional cost or expense
occasioned thereby, subject to GCC Subclauses 32.2, 38.3 and
38.4
if and to the extent that such delay or nonperformance 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 60 days or an aggregate
period of more than 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 either party may
terminate the Contract by giving a notice to the other, but without
prejudice to either party’s right to terminate the Contract under GCC
Subclause 38.5.
37.7 In the event of termination pursuant to GCC Subclause 37.6, the rights
and obligations of the Employer and the Contractor shall be as specified
in GCC Subclauses 42.1.2 and 42.1.3.
37.8 Notwithstanding GCC Subclause 37.5, Force Majeure shall not apply to
any obligation of the Employer to make payments to the Contractor
herein.
38. War Risks 38.1 “War Risks” shall mean any event specified in paragraphs (a) and (b) of
GCC Subclause 37.1 and any explosion or impact of any mine, bomb,
shell, grenade, or other projectile, missile, munitions or explosive of war,
occurring or existing in or near the country (or countries) where the Site
is located.
38.2 Notwithstanding anything contained in the Contract, the Contractor shall

have no liability whatsoever for or with respect to
(a) destruction of or damage to Facilities, Plant, or any part thereof;
(b) destruction of or damage to property of the Employer or any third
party; or
(c) injury or loss of life
if such destruction, damage, injury or loss of life is caused by any war

risks, and the Employer shall indemnify and hold the Contractor
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.
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38.3 If the Facilities or any Plant or Contractor’s Equipment or any other

property of the Contractor used or intended to be used for the purposes
of the Facilities shall sustain destruction or damage by reason of any
war risks, the Employer shall pay the Contractor for
(a) any part of the Facilities or the Plant so destroyed or damaged to
the extent not already paid for by the Employer and so far as may
be required by the Employer, and as may be necessary for
completion of the Facilities;
(b) replacing or making good any Contractor’s Equipment or other
property of the Contractor so destroyed or damaged; and
(c) replacing or making good any such destruction or damage to the
Facilities or the Plant or any part thereof.
If the Employer does not require the Contractor to replace or make good
any such destruction or damage to the Facilities, the Employer shall
either request a change in accordance with GCC Clause 39, 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 Subclause 42.1.
If the Employer requires the Contractor to replace or make good on any

such destruction or damage to the Facilities, the Time for Completion
shall be extended in accordance with GCC 40.
38.4 Notwithstanding anything contained in the Contract, the Employer shall

pay the Contractor 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 Contractor shall as soon as practicable notify the Employer 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 Contractor, the Contractor shall use its reasonable efforts to execute
the Contract with due and proper consideration given to the safety of its
and its Subcontractors’ personnel engaged in 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
either party may terminate the Contract by giving a notice to the other.
38.6 In the event of termination pursuant to GCC Subclauses 38.3 or 38.5,

the rights and obligations of the Employer and the Contractor shall be
specified in GCC Subclauses 42.1.2 and 42.1.3.
H. Change in Contract Elements
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39. Change in the 39.1 Introducing a Change

Facilities
39.1.1 Subject to GCC Subclauses 39.2.5 and 39.2.7, the Employer shall
have the right to propose, and subsequently require, that the
Project Manager order the Contractor 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 Contractor may from time to time during its performance of
the Contract propose to the Employer with a copy to the Project
Manager, any Change that the Contractor considers necessary or
desirable to improve the quality, efficiency, or safety of the
Facilities. The Employer may at its discretion approve or reject
any Change proposed by the Contractor, provided that the
Employer shall approve any Change proposed by the Contractor
to ensure the safety of the Facilities.
39.1.3 Notwithstanding GCC Subclauses 39.1.1 and 39.1.2, no change
made necessary because of any default of the Contractor 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 Subclauses 39.2 and 39.3, and further details
and forms are provided in the Employer’s Requirements (Forms
and Procedures).
39.2 Changes Originating from Employer

39.2.1 If the Employer proposes a Change pursuant to GCC Subclause
39.1.1, it shall send to the Contractor a “Request for Change
Proposal,” requiring the Contractor 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 the Facilities, and
(f) effect on any other provisions of the Contract.
39.2.2 Prior to preparing and submitting the “Change Proposal,” the

Contractor shall submit to the Project Manager an “Estimate for
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Change Proposal,” which shall be an estimate of the cost of

preparing and submitting the Change Proposal.
Upon receipt of the Contractor’s Estimate for Change Proposal,

the Employer shall do one of the following:
(a) accept the Contractor’s estimate with instructions to the

Contractor to proceed with the preparation of the Change
Proposal,
(b) advise the Contractor of any part of its Estimate for Change
Proposal that is unacceptable and request the Contractor to
review its estimate
(c) advise the Contractor that the Employer does not intend to
proceed with the Change.
39.2.3 Upon receipt of the Employer’s instruction to proceed under GCC

Subclause 39.2.2 (a), the Contractor shall, with proper expedition,
proceed with the preparation of the Change Proposal, in
accordance with GCC Subclause 39.2.1.
39.2.4 The pricing of any Change shall, as far as practicable, be

calculated in accordance with the rates and prices included in the
Contract. If such rates and prices are inequitable, the parties
thereto shall agree on specific rates for the valuation of the
Change.
39.2.5 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 Contractor 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 15%, the Contractor may give a written notice of
objection thereto prior to furnishing the Change Proposal as
aforesaid. If the Employer accepts the Contractor’s objection, the
Employer shall withdraw the proposed Change and shall notify the
Contractor in writing thereof.
The Contractor’s failure to so object shall neither affect its right to

object to any subsequent requested Changes or Change Orders
herein, nor affect its right to take into account, when making such
subsequent objection, the percentage increase or decrease in the
Contract Price that any Change not objected to by the Contractor
represents.
39.2.6 Upon receipt of the Change Proposal, the Employer and the
Contractor shall mutually agree upon all matters therein
contained. Within 14 days after such agreement, the Employer
shall, if it intends to proceed with the Change, issue the Contractor
with a Change Order.
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If the Employer is unable to reach a decision within 14 days, it shall

notify the Contractor with details of when the Contractor can
expect a decision.
If the Employer decides not to proceed with the Change for

whatever reason, it shall, within the said period of 14 days, notify
the Contractor accordingly. Under such circumstances, the
Contractor shall be entitled to reimbursement of all costs
reasonably incurred by it in the preparation of the Change
Proposal, provided that these do not exceed the amount given by
the Contractor in its Estimate for Change Proposal submitted in
accordance with GCC Subclause 39.2.2.
39.2.7 If the Employer and the Contractor 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 Employer may nevertheless instruct the Contractor
to proceed with the Change by issue of a “Pending Agreement
Change Order.”
Upon receipt of a Pending Agreement Change Order, the

Contractor 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.
If the parties cannot reach agreement within 60 days from the date
of issue of the Pending Agreement Change Order, then the matter
may be referred to the Dispute Board in accordance with the
provisions of GCC Subclause 45.3.
39.3 Changes Originating from Contractor

39.3.1 If the Contractor proposes a Change pursuant to GCC Subclause
39.1.2, the Contractor 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
Subclause 39.2.1.
Upon receipt of the Application for Change Proposal, the parties

shall follow the procedures outlined in GCC Subclauses 39.2.6
and 39.2.7. However, should the Employer choose not to
proceed, the Contractor shall not be entitled to recover the costs
of preparing the Application for Change Proposal.
40. Extension of Time 40.1 The Time(s) for Completion specified in the SCC shall be extended if the
for Completion Contractor is delayed or impeded in the performance of any of its
obligations under the Contract by reason of any of the following:
(a) any Change in the Facilities as provided in GCC Clause 39;
(b) any occurrence of Force Majeure as provided in GCC Clause 37,

unforeseen conditions as provided in GCC Clause 35, or other
215
occurrence of any of the matters specified or referred to in

paragraphs (a), (b) and (c) of GCC Subclause 32.2;
(c) any suspension order given by the Employer under GCC Clause
41 hereof or reduction in the rate of progress pursuant to GCC
Subclause 41.2; or
(d) any changes in laws and regulations as provided in GCC Clause

36; or
(e) any default or breach of the Contract by the Employer, or any

activity, act or omission of the Employer, or the Project Manager,
or any other contractors employed by the Employer; or
(f) any other matter specifically mentioned in the Contract; or
(g) any delay on the part of a sub-contractor, provided such delay is

due to a cause for which the Contractor himself would have been
entitled to an extension of time under this Subclause
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
Contractor.
40.2 Except where otherwise specifically provided in the Contract, the

Contractor 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 Employer and the Contractor shall agree upon
the period of such extension. In the event that the Contractor does not
accept the Employer’s estimate of a fair and reasonable time extension,
the Contractor shall be entitled to refer the matter to a Dispute Board,
pursuant to GCC Subclause 45.3.
40.3 The Contractor shall at all times use its reasonable efforts to minimize
any delay in the performance of its obligations under the Contract.
In all cases where the Contractor has given a notice of a claim for an
extension of time under GCC 40.2, the Contractor shall consult with the
Project Manager in order to determine the steps (if any) which can be
taken to overcome or minimize the actual or anticipated delay. The
Contractor shall there after comply with all reasonable instructions, which
the Project Manager shall give in order to minimize such delay. If
compliance with such instructions shall cause the Contractor to incur
extra costs and the Contractor is entitled to an extension of time under
GCC 40.1, the amount of such extra costs shall be added to the Contract
Price.
41. Suspension 41.1 The Employer may request the Project Manager, by notice to the
Contractor, to order the Contractor 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 therefor. The Contractor shall thereupon
suspend performance of such obligation, except those obligations
216
necessary for the care or preservation of the Facilities, until ordered in

writing to resume such performance by the Project Manager.
If, by virtue of a suspension order given by the Project Manager, other

than by reason of the Contractor’s default or breach of the Contract, the
Contractor’s performance of any of its obligations is suspended for an
aggregate period of more than 90 days, then at any time thereafter and
provided that at that time such performance is still suspended, the
Contractor may give a notice to the Project Manager requiring that the
Employer shall, within 28 days of receipt of the notice, order the
resumption of such performance or request and subsequently order a
change in accordance with GCC Clause 39, excluding the performance
of the suspended obligations from the Contract.
If the Employer fails to do so within such period, the Contractor 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 or, where it affects the whole of the
Facilities, as termination of the Contract under GCC Subclause 42.1.
41.2 If
(a) the Employer has failed to pay the Contractor any sum due under
the Contract within the specified period, has failed to approve any
invoice or supporting documents without just cause pursuant to the
Appendix (Terms and Procedures of Payment) to the Contract
Agreement, or commits a substantial breach of the Contract, the
Contractor may give a notice to the Employer that requires payment
of such sum, with interest thereon as stipulated in GCC Subclause
12.3, requires approval of such invoice or supporting documents,
or specifies the breach and requires the Employer to remedy the
same, as the case may be. If the Employer fails to pay such sum
together with such interest, 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 14 days after receipt of the Contractor’s notice; or
(b) the Contractor is unable to carry out any of its obligations under the
Contract for any reason attributable to the Employer, including but
not limited to the Employer’s failure to provide possession of or
access to the Site or other areas in accordance with GCC
Subclause 10.2, or failure to obtain any governmental permit
necessary for the execution and/or completion of the Facilities,
then the Contractor may by 14 days’ notice to the Employer suspend
performance of all or any of its obligations under the Contract, or reduce
the rate of progress.
41.3 If the Contractor’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 Subclause 40.1,
and any and all additional costs or expenses incurred by the Contractor
as a result of such suspension or reduction shall be paid by the Employer
to the Contractor in addition to the Contract Price, except in the case of
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suspension order or reduction in the rate of progress by reason of the

Contractor’s default or breach of the Contract.
41.4 During the period of suspension, the Contractor shall not remove from the
Site any Plant, any part of the Facilities or any Contractor’s Equipment,
without the prior written consent of the Employer.
42. Termination 42.1 Termination for Employer’s Convenience

42.1.1 The Employer may at any time terminate the Contract for any
reason by giving the Contractor a notice of termination that refers
to this GCC Subclause 42.1.
42.1.2 Upon receipt of the notice of termination under GCC Subclause

42.1.1, the Contractor shall, either immediately or upon the date
specified in the notice of termination,
(a) cease all further work, except for such work as the Employer
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 Employer pursuant to paragraph (d) (ii) below;
(c) remove all Contractor’s Equipment from the Site, repatriate
the Contractor’s and its Subcontractors’ 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; and
(d) subject to the payment specified in GCC Subclause 42.1.3,
(i) deliver to the Employer the parts of the Facilities
executed by the Contractor up to the date of
termination;
(ii) to the extent legally possible, assign to the Employer
all right, title and benefit of the Contractor to the
Facilities and to the Plant as of the date of termination,
and, as may be required by the Employer, in any
subcontracts concluded between the Contractor and
its Subcontractors; and
(iii) deliver to the Employer all non-proprietary drawings,

specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of
termination in connection with the Facilities.
42.1.3 In the event of termination of the Contract under GCC Subclause

42.1.1, the Employer shall pay to the Contractor the following
amounts:
(a) the Contract Price, properly attributable to the parts of the

Facilities executed by the Contractor as of the date of
termination;
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(b) the costs reasonably incurred by the Contractor in the

removal of the Contractor’s Equipment from the Site and in
the repatriation of the Contractor’s and its Subcontractors’
personnel;
(c) any amounts to be paid by the Contractor to its

Subcontractors in connection with the termination of any
subcontracts, including any cancellation charges;
(d) costs incurred by the Contractor in protecting the Facilities

and leaving the Site in a clean and safe condition pursuant
to paragraph (a) of GCC Subclause 42.1.2; and
(e) the cost of satisfying all other obligations, commitments and

claims that the Contractor 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’s Default

42.2.1 The Employer, 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 Contractor, referring to this GCC Subclause 42.2:
(a) if the Contractor becomes bankrupt or insolvent, has a

receiving order issued against it, compounds with its
creditors, or, if the Contractor 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 Contractor takes or suffers
any other analogous action in consequence of debt;
(b) if the Contractor assigns or transfers the Contract or any

right or interest therein in violation of the provision of GCC
Clause 43; and
(c) if the Contractor, in the judgment of the Employer has

engaged in integrity violations, as defined in GCC Clause 6,
in competing for or in executing the Contract.
42.2.2 If the Contractor
(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 Subclause 41.2, the progress of Contract performance
for more than 28 days after receiving a written instruction
from the Employer to proceed;
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(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;
(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 Subclause
18.2 at rates of progress that give reasonable assurance to
the Employer that the Contractor can attain Completion of
the Facilities by the Time for Completion as extended;
then the Employer may, without prejudice to any other rights it may
possess under the Contract, give a notice to the Contractor,
stating the nature of the default and requiring the Contractor to
remedy the same. If the Contractor fails to remedy or to take steps
to remedy the same within 14 days of its receipt of such notice,
then the Employer may terminate the Contract forthwith by giving
a notice of termination to the Contractor that refers to this GCC
Subclause 42.2.
42.2.3 Upon receipt of the notice of termination under GCC Subclauses

42.2.1 or 42.2.2, the Contractor shall, either immediately or upon
such date as is specified in the notice of termination,
(a) cease all further work, except for such work as the Employer
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;

the Employer pursuant to paragraph (d) below;
(c) deliver to the Employer the parts of the Facilities executed

by the Contractor up to the date of termination;
(d) to the extent legally possible, assign to the Employer all

right, title and benefit of the Contractor to the Facilities and
to the Plant as of the date of termination, and, as may be
required by the Employer, in any subcontracts concluded
between the Contractor and its Subcontractors; and
(e) deliver to the Employer all drawings, specifications and
other documents prepared by the Contractor or its
Subcontractors as of the date of termination in connection
with the Facilities.
42.2.4 The Employer may enter upon the Site, expel the Contractor, and
complete the Facilities itself or by employing any third party. The
Employer may, to the exclusion of any right of the Contractor over
the same, take over and use with the payment of a fair rental rate
to the Contractor, with all the maintenance costs to the account of
the Employer and with an indemnification by the Employer for all
liability including damage or injury to persons arising out of the
Employer’s use of such equipment, any Contractor’s Equipment
owned by the Contractor and on the Site in connection with the
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Facilities for such reasonable period as the Employer considers

expedient for the supply and installation of the Facilities.
Upon completion of the Facilities or at such earlier date as the
Employer thinks appropriate, the Employer shall give notice to the
Contractor that such Contractor’s Equipment will be returned to
the Contractor at or near the Site and shall return such
Contractor’s Equipment to the Contractor in accordance with such
notice. The Contractor shall thereafter without delay and at its cost
remove or arrange removal of the same from the Site.
42.2.5 Subject to GCC Subclause 42.2.6, the Contractor shall be entitled

to be paid the Contract Price attributable to the Facilities executed
as of the date of termination, the value of any unused or partially
used Plant 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 Subclause 42.2.3. Any sums
due the Employer from the Contractor accruing prior to the date of
termination shall be deducted from the amount to be paid to the
Contractor under this Contract.
42.2.6 If the Employer completes the Facilities, the cost of completing the
Facilities by the Employer shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to
GCC Subclause 42.2.5, plus the reasonable costs incurred by the
Employer in completing the Facilities, exceeds the Contract Price,
the Contractor shall be liable for such excess.
If such excess is greater than the sums due the Contractor under
GCC Subclause 42.2.5, the Contractor shall pay the balance to
the Employer, and if such excess is less than the sums due the
Contractor under GCC Subclause 42.2.5, the Employer shall pay
the balance to the Contractor.
The Employer and the Contractor shall agree, in writing, on the
computation described above and the manner in which any sums
shall be paid.
42.3 Termination by Contractor

42.3.1 If
(a) the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed to
approve any invoice or supporting documents without just
cause pursuant to the Appendix (Terms and Procedures of
Payment) to the Contract Agreement, or commits a
substantial breach of the Contract, the Contractor may give
a notice to the Employer that requires payment of such sum,
with interest thereon as stipulated in GCC Subclause 12.3,
requires approval of such invoice or supporting documents,
or specifies the breach and requires the Employer to remedy
the same, as the case may be. If the Employer fails to pay
such sum together with such interest, fails to approve such
invoice or supporting documents or give its reasons for
withholding such approval, fails to remedy the breach or
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take steps to remedy the breach within 14 days after receipt

of the Contractor’s notice; or
(b) the Contractor is unable to carry out any of its obligations

under the Contract for any reason attributable to the
Employer, including but not limited to the Employer’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;
then the Contractor may give a notice to the Employer thereof, and
if the Employer has failed to 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 28 days
of such notice, or if the Contractor is still unable to carry out any of
its obligations under the Contract for any reason attributable to the
Employer within 28 days of the said notice, the Contractor may by
a further notice to the Employer referring to this GCC Subclause
42.3.1, forthwith terminate the Contract.
42.3.2 The Contractor may terminate the Contract forthwith by giving a
notice to the Employer to that effect, referring to this GCC
Subclause 42.3.2, if the Employer 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
Employer takes or suffers any other analogous action in
consequence of debt.
42.3.3 If the Contract is terminated under GCC Subclauses 42.3.1 or
42.3.2, then the Contractor 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;
the Employer pursuant to paragraph (d) (ii);
(c) remove all Contractor’s Equipment from the Site and

repatriate the Contractor’s and its Subcontractors’
personnel from the Site; and
(d) subject to the payment specified in GCC Subclause 42.3.4,
(i) deliver to the Employer the parts of the Facilities

executed by the Contractor up to the date of
termination;
(ii) to the extent legally possible, assign to the Employer

all right, title and benefit of the Contractor to the
Facilities and to the Plant as of the date of termination,
and, as may be required by the Employer, in any
subcontracts concluded between the Contractor and
its Subcontractors; and
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(iii) deliver to the Employer all drawings, specifications

and other documents prepared by the Contractor or
its Subcontractors as of the date of termination in
connection with the Facilities.
42.3.4 If the Contract is terminated under GCC Subclauses 42.3.1 or

42.3.2, the Employer shall pay to the Contractor all payments
specified in GCC Subclause 42.1.3, and reasonable
compensation for all loss, except for loss of profit, or damage
sustained by the Contractor arising out of, in connection with or in
consequence of such termination.
42.3.5 Termination by the Contractor pursuant to this GCC Subclause

42.3 is without prejudice to any other rights or remedies of the
Contractor that may be exercised in lieu of or in addition to rights
conferred by GCC Subclause 42.3.
42.4 In this GCC Clause 42, the expression “Facilities executed” shall include
all work executed, Installation Services provided, and all Plant acquired,
or subject to a legally binding obligation to purchase, by the Contractor
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 Employer to
the Contractor, account shall be taken of any sum previously paid by the
Employer to the Contractor under the Contract, including any advance
payment paid pursuant to the Appendix (Terms and Procedures of Payment)
to the Contract Agreement.
43. Assignment 43.1 Neither the Employer nor the Contractor shall, without the express prior
written consent of the other party which consent shall not be
unreasonably withheld, assign to any third party the Contract or any part
thereof, or any right, benefit, obligation or interest therein or thereunder,
except that the Contractor 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.
I. Claims, Disputes, and Arbitration
44. Contractor’s 44.1 If the Contractor considers himself to be entitled to any extension of the
Claims Time for Completion and/or any additional payment, under any Clause
of these Conditions or otherwise in connection with the Contract, the
Contractor shall submit a notice to the Project Manager, describing the
event or circumstance giving rise to the claim. The notice shall be given
as soon as practicable, and not later than 28 days after the Contractor
became aware, or should have become aware, of the event or
circumstance.
If the Contractor fails to give notice of a claim within such period of 28

days, the Time for Completion shall not be extended, the Contractor shall
not be entitled to additional payment, and the Employer shall be
discharged from all liability in connection with the claim. Otherwise, the
following provisions of this Subclause shall apply.
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The Contractor shall also submit any other notices, which are required
by the Contract, and supporting particulars for the claim, all as relevant
to such event or circumstance.
The Contractor shall keep such contemporary records as may be

necessary to substantiate any claim, either on the Site or at another
location acceptable to the Project Manager. Without admitting the
Employer’s liability, the Project Manager may, after receiving any notice
under this Subclause, monitor the record keeping and/or instruct the
Contractor to keep further contemporary records. The Contractor shall
permit the Project Manager to inspect all these records, and shall (if
instructed) submit copies to the Project Manager.
Within 42 days after the Contractor became aware (or should have
become aware) of the event or circumstance giving rise to the claim, or
within such other period as may be proposed by the Contractor and
approved by the Project Manager, the Contractor shall send to the
Project Manager a fully detailed claim, which includes full supporting
particulars of the basis of the claim and of the extension of time and/or
additional payment claimed. If the event or circumstance giving rise to
the claim has a continuing effect,
(a) this fully detailed claim shall be considered as interim;
(b) the Contractor shall send further interim claims at monthly

intervals, giving the accumulated delay and/or amount claimed,
and such further particulars as the Project Manager may
reasonably require; and
(c) the Contractor shall send a final claim within 28 days after the end
of the effects resulting from the event or circumstance, or within
such other period as may be proposed by the Contractor and
approved by the Project Manager.
Within 42 days after receiving a claim or any further particulars

supporting a previous claim, or within such other period as may be
proposed by the Project Manager and approved by the Contractor, the
Project Manager shall respond with approval, or with disapproval and
detailed comments. He may also request any necessary further
particulars, but shall nevertheless give his response on the principles of
the claim within such time.
Each payment certificate shall include such amounts for any claim as
have been reasonably substantiated as due under the relevant provision
of the Contract. Unless and until the particulars supplied are sufficient to
substantiate the whole of the claim, the Contractor shall only be entitled
to payment for such part of the claim as he has been able to substantiate.
The Project Manager shall agree with the Contractor or estimate: (i) the
extension (if any) of the Time for Completion (before or after its expiry)
in accordance with GCC Clause 40, and/or (ii) the additional payment (if
any) to which the Contractor is entitled under the Contract.
The requirements of this Subclause are in addition to those of any other

Subclause, which may apply to a claim. If the Contractor fails to comply
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with this or another Subclause in relation to any claim, any extension of

time and/or additional payment shall take account of the extent (if any)
to which the failure has prevented or prejudiced proper investigation of
the claim, unless the claim is excluded under the second paragraph of
this Subclause.
In the event that the Contractor and the Employer cannot agree on any
matter relating to a claim, either party may refer the matter to the Dispute
Board pursuant to GCC 45 hereof.
45. Disputes and 45.1 Appointment of the Dispute Board

Arbitration
Disputes shall be referred to a Dispute Board for decision in accordance
with GCC Subclause 45.3. The Parties shall appoint a Dispute Board by
the date stated in the SCC.
The Dispute Board shall comprise, as stated in the SCC, either one or
three suitably qualified persons (“the members”), each of whom shall be
fluent in the language for communication defined in the Contract and
shall be a professional experienced in the type of activities involved in the
performance of the Contract and with the interpretation of contractual
documents. If the number is not so stated and the Parties do not agree
otherwise, the Dispute Board shall comprise three persons, one of whom
shall serve as chairman.
If the Parties have not jointly appointed the Dispute Board 21 days before
the date stated in the SCC and the Dispute Board is to comprise three
persons, each Party shall nominate one member for the approval of the
other Party. The first two members shall recommend and the Parties
shall agree upon the third member, who shall act as chairman.
However, if a list of potential members is included in the SCC, the

members shall be selected from those on the list, other than anyone who
is unable or unwilling to accept appointment to the Dispute Board.
The agreement between the Parties and either the sole member or each
of the three members shall incorporate by reference the General
Conditions of Dispute Board Agreement contained in the Appendix to
these General Conditions, with such amendments as are agreed
between them.
The terms of the remuneration of either the sole member or each of the
three members, including the remuneration of any expert whom the
Dispute Board consults, shall be mutually agreed upon by the Parties
when agreeing the terms of appointment of the member or such expert
(as the case may be). Each Party shall be responsible for paying one-
half of this remuneration.
If a member declines to act or is unable to act as a result of death,

disability, resignation or termination of appointment, a replacement shall
be appointed in the same manner as the replaced person was required
to have been nominated or agreed upon, as described in this Subclause.
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The appointment of any member may be terminated by mutual

agreement of both Parties, but not by the Employer or the Contractor
acting alone. Unless otherwise agreed by both Parties, the appointment
of the Dispute Board (including each member) shall expire when the
Operational Acceptance Certificate has been issued in accordance with
GCC Clause 25.3.
45.2 Failure to Agree Dispute Board

If any of the following conditions apply, namely:
(a) the Parties fail to agree upon the appointment of the sole member
of the Dispute Board by the date stated in the first paragraph of
GCC Subclause 45.1;
(b) either Party fails to nominate a member (for approval by the other
Party) of a Dispute Board of three persons by such date;
(c) the Parties fail to agree upon the appointment of the third member
(to act as chairman) of the Dispute Board by such date; or
(d) the Parties fail to agree upon the appointment of a replacement

person within 42 days after the date on which the sole member or
one of the three members declines to act or is unable to act as a
result of death, disability, resignation, or termination of
appointment;
then the appointing entity or official named in the SCC shall, upon the
request of either or both of the Parties and after due consultation with
both Parties, appoint this member of the Dispute Board. This
appointment shall be final and conclusive. Each Party shall be
responsible for paying one-half of the remuneration of the appointing
entity or official.
45.3 Obtaining Dispute Board’s Decision

If a dispute (of any kind whatsoever) arises between the Parties in
connection with the performance of the Contract, including any dispute
as to any certificate, determination, instruction, opinion or valuation of
the Project Manager, either Party may refer the dispute in writing to the
Dispute Board for its decision, with copies to the other Party and the
Project Manager. Such reference shall state that it is given under this
Subclause.
For a Dispute Board of three persons, the Dispute Board shall be

deemed to have received such reference on the date when it is received
by the chairman of the Dispute Board.
Both Parties shall promptly make available to the Dispute Board all such
additional information, further access to the Site, and appropriate
facilities, as the Dispute Board may require for the purposes of making a
decision on such dispute. The Dispute Board shall be deemed to be not
acting as arbitrator(s).
Within 84 days after receiving such reference, or within such other period
as may be proposed by the Dispute Board and approved by both Parties,
the Dispute Board shall give its decision, which shall be reasoned and
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shall state that it is given under this Subclause. The decision shall be
binding on both Parties, who shall promptly give effect to it unless and
until it shall be revised in an amicable settlement or an arbitral award as
described below. Unless the Contract has already been abandoned,
repudiated or terminated, the Contractor shall continue to proceed with
the performance of the Facilities in accordance with the Contract.
If either Party is dissatisfied with the Dispute Board’s decision, then

either Party may, within 28 days after receiving the decision, give notice
to the other Party of its dissatisfaction and intention to commence
arbitration. If the Dispute Board fails to give its decision within the period
of 84 days (or as otherwise approved) after receiving such reference,
then either Party may, within 28 days after this period has expired, give
notice to the other Party of its dissatisfaction and intention to commence
arbitration.
In either event, this notice of dissatisfaction shall state that it is given

under this Subclause, and shall set out the matter in dispute and the
reason(s) for dissatisfaction. Except as stated in GCC Subclauses 45.6
and 45.7, neither Party shall be entitled to commence arbitration of a
dispute unless a notice of dissatisfaction has been given in accordance
with this Subclause.
If the Dispute Board has given its decision as to a matter in dispute to

both Parties, and no notice of dissatisfaction has been given by either
Party within 28 days after it received the Dispute Board’s decision, then
the decision shall become final and binding upon both Parties.
45.4 Amicable Settlement

Where notice of dissatisfaction has been given under GCC Subclause
45.3 above, both Parties shall attempt to settle the dispute amicably
before the commencement of arbitration. However, unless both Parties
agree otherwise, arbitration may be commenced on or after the fifty-sixth
day after the day on which notice of dissatisfaction and intention to
commence arbitration was given, even if no attempt at amicable
settlement has been made.
45.5 Arbitration
Unless settled amicably, any dispute in respect of which the Dispute
Board’s decision (if any) has not become final and binding shall be finally
settled by international arbitration. Unless otherwise agreed by both
Parties,
(a) arbitration proceedings shall be conducted as stated in the Special

Conditions;
(b) if no arbitration proceedings is so stated, the dispute shall be finally
settled by institutional arbitration under the Rules of Arbitration of
the International Chamber of Commerce;
(c) the dispute shall be settled by three arbitrators; and
(d) the arbitration shall be conducted in the language for
communications defined in GCC Subclause 5.3.
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The arbitrator(s) shall have full power to open up, review and revise any
certificate, determination, instruction, opinion or valuation of the Project
Manager, and any decision of the Dispute Board, relevant to the dispute.
Nothing shall disqualify the Project Manager from being called as a
witness and giving evidence before the arbitrator(s) on any matter
whatsoever relevant to the dispute.
Neither Party shall be limited in the proceedings before the arbitrator(s)

to the evidence or arguments previously put before the Dispute Board to
obtain its decision, or to the reasons for dissatisfaction given in its notice
of dissatisfaction. Any decision of the Dispute Board shall be admissible
in evidence in the arbitration.
Arbitration may be commenced prior to or after completion of the Works.

The obligations of the Parties, the Project Manager and the Dispute
Board shall not be altered by reason of any arbitration being conducted
during the progress of the Works.
45.6 Failure to Comply with Dispute Board’s Decision

In the event that a Party fails to comply with a Dispute Board decision
which has become final and binding, then the other Party may, without
prejudice to any other rights it may have, refer the failure itself to
arbitration under GCC Subclause 45.5. GCC Subclauses 45.3 and 45.4
shall not apply to this reference.
45.7 Expiry of Dispute Board’s Appointment

If a dispute arises between the Parties in connection with the
performance of the Contract, and there is no Dispute Board in place,
whether by reason of the expiry of the Dispute Board’s appointment or
otherwise,
(a) GCC Subclauses 45.3 and 45.4 shall not apply, and
(b) the dispute may be referred directly to arbitration under GCC

Subclause 45.5.
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APPENDIX A
General Conditions of Dispute Board Agreement
1 Definitions
Each “Dispute Board Agreement” is a tripartite agreement by and between
(a) the “Employer”;
(b) the “Contractor”; and
(c) the “Member” who is defined in the Dispute Board Agreement as being
(i) the sole member of the "Dispute Board" and, where this is the case, all references to the
“Other Members” do not apply; or
(ii) one of the three persons who are jointly called the “Dispute Board” (or “dispute board”)
and, where this is the case, the other two persons are called the “Other Members”.
The Employer and the Contractor have entered (or intend to enter) into a contract, which is called the
"Contract" and is defined in the Dispute Board Agreement, which incorporates this Appendix. In the
Dispute Board Agreement, words and expressions which are not otherwise defined shall have the
meanings assigned to them in the Contract.
2 General Provisions
Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the following
dates:
(a) the Commencement Date defined in the Contract;
(b) when the Employer, the Contractor and the Member have each signed the Dispute Board
Agreement; or
(c) when the Employer, the Contractor and each of the Other Members (if any) have respectively
each signed a dispute board agreement.
This employment of the Member is a personal appointment. At any time, the Member may give not less
than 70 days’ notice of resignation to the Employer and to the Contractor, and the Dispute Board
Agreement shall terminate upon the expiry of this period.
3 Warranties
The Member warrants and agrees that he/she is and shall be impartial and independent of the
Employer, the Contractor and the Project Manager. The Member shall promptly disclose, to each of
them and to the Other Members (if any), any fact or circumstance which might appear inconsistent with
his/her warranty and agreement of impartiality and independence.
When appointing the Member, the Employer and the Contractor relied upon the Member’s
representations that he/she is
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(a) experienced in the work, which the Contractor is to carry out under the Contract,
(b) experienced in the interpretation of contract documentation, and
(c) fluent in the language for communications defined in the Contract.
4 General Obligations of the Member
The Member shall
(a) have no interest financial or otherwise in the Employer, the Contractor or the Project Manager,
nor any financial interest in the Contract except for payment under the Dispute Board Agreement;
(b) not previously have been employed as a consultant or otherwise by the Employer, the Contractor,
or the Project Manager, except in such circumstances as were disclosed in writing to the
Employer and the Contractor before they signed the Dispute Board Agreement;
(c) have disclosed in writing to the Employer, the Contractor, and the Other Members (if any), before
entering into the Dispute Board Agreement and to his/her best knowledge and recollection, any
professional or personal relationships with any director, officer, or employee of the Employer, the
Contractor, or the Project Manager, and any previous involvement in the overall project of which
the Contract forms part;
(d) not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise
by the Employer, the Contractor, or the Project Manager, except as may be agreed in writing by
the Employer, the Contractor, and the Other Members (if any);
(e) comply with the annexed procedural rules and with GCC Subclause 45.3;
(f) not give advice to the Employer, the Contractor, the Employer’s Personnel, or the Contractor’s
Personnel concerning the conduct of the Contract, other than in accordance with the annexed
procedural rules;
(g) not while a Member enter into discussions or make any agreement with the Employer, the
Contractor, or the Project Manager regarding employment by any of them, whether as a
consultant or otherwise, after ceasing to act under the Dispute Board Agreement;
(h) ensure his/her availability for all site visits and hearings as are necessary;
(i) become conversant with the Contract and with the progress of the Facilities (and of any other
parts of the project of which the Contract forms part) by studying all documents received, which
shall be maintained in a current working file;
(j) treat the details of the Contract and all the Dispute Board’s activities and hearings as private and
confidential, and not publish or disclose them without the prior written consent of the Employer,
the Contractor, and the Other Members (if any); and
(k) be available to give advice and opinions on any matter relevant to the Contract when requested
by both the Employer and the Contractor, subject to the agreement of the Other Members (if
any).
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5 General Obligations of the Employer and the Contractor
The Employer, the Contractor, the Employer’s Personnel and the Contractor’s Personnel shall not
request advice from or consultation with the Member regarding the Contract, otherwise than in the
normal course of the Dispute Board’s activities under the Contract and the Dispute Board Agreement.
The Employer and the Contractor shall be responsible for compliance with this provision, by the
Employer’s Personnel and the Contractor’s Personnel respectively.
The Employer and the Contractor undertake to each other and to the Member that the Member shall
not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other
Members (if any)
(a) be appointed as an arbitrator in any arbitration under the Contract;
(b) be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed for
any arbitration under the Contract; or
(c) be liable for any claims for anything done or omitted in the discharge or purported discharge of
the Member’s functions, unless the act or omission is shown to have been in bad faith.
The Employer and the Contractor hereby jointly and severally indemnify and hold the Member harmless
against and from claims from which he is relieved from liability under the preceding paragraph.
Whenever the Employer or the Contractor refers a dispute to the Dispute Board under GCC Subclause
45.3, which will require the Member to make a site visit and attend a hearing, the Employer or the
Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be
incurred by the Member. No account shall be taken of any other payments due or paid to the Member.
6 Payment
The Member shall be paid as follows, in the currency named in the Dispute Board Agreement:
(a) a retainer fee per calendar month, which shall be considered as payment in full for
(i) being available on 28 days’ notice for all site visits and hearings;
(ii) becoming and remaining conversant with all project developments and maintaining
relevant files;
(iii) all office and overhead expenses including secretarial services, photocopying and office
supplies incurred in connection with his duties; and
(iv) all services performed hereunder except those referred to in sub-paragraphs (b) and (c) of
this Clause.
The retainer fee shall be paid with effect from the last day of the calendar month in which the
Dispute Board Agreement becomes effective; until the last day of the calendar month in which
the Taking-Over Certificate is issued for the whole of the Works.
With effect from the first day of the calendar month following the month in which Taking-Over
Certificate is issued for the whole of the Works, the retainer fee shall be reduced by one-third.
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This reduced fee shall be paid until the first day of the calendar month in which the Member
resigns or the Dispute Board Agreement is otherwise terminated.
(b) a daily fee, which shall be considered as payment in full for
(i) each day or part of a day up to a maximum of 2 days’ travel time in each direction for the
journey between the Member’s home and the site, or another location of a meeting with
the Other Members (if any);
(ii) each working day on site visits, hearings, or preparing decisions; and
(iii) each day spent reading submissions in preparation for a hearing.
(c) all reasonable expenses, including necessary travel expenses (air fare in less than first class,
hotel and subsistence and other direct travel expenses) incurred in connection with the Member’s
duties, as well as the cost of telephone calls, courier charges, facsimiles, and telexes, and use
of the internet: a receipt shall be required for each item in excess of 5% of the daily fee referred
to in sub-paragraph (b) of this Clause;
(d) any taxes properly levied in the Country on payments made to the Member (unless a national or
permanent resident of the Country) under this Clause 6.
The retainer and daily fees shall be as specified in the Dispute Board Agreement. Unless it
specifies otherwise, these fees shall remain fixed for the first 24 calendar months, and shall
thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at
each anniversary of the date on which the Dispute Board Agreement became effective.
If the parties fail to agree on the retainer fee or the daily fee, the appointing entity or official named
in the SCC shall determine the amount of the fees to be used.
The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in
advance. Invoices for other expenses and for daily fees shall be submitted following the
conclusion of a site visit or hearing. All invoices shall be accompanied by a brief description of
activities performed during the relevant period and shall be addressed to the Contractor.
The Contractor shall pay each of the Member’s invoices in full within 56 calendar days after
receiving each invoice and shall apply to the Employer (in the Statements under the Contract) for
reimbursement of one-half of the amounts of these invoices. The Employer shall then pay the
Contractor in accordance with the Contract.
If the Contractor fails to pay to the Member the amount to which he/she is entitled under the
Dispute Board Agreement, the Employer shall pay the amount due to the Member and any other
amount which may be required to maintain the operation of the Dispute Board; and without
prejudice to the Employer’s rights or remedies. In addition to all other rights arising from this
default, the Employer shall be entitled to reimbursement of all sums paid in excess of one-half of
these payments, plus all costs of recovering these sums and financing charges calculated at the
rate specified in accordance with GCC Subclause 12.3.
If the Member does not receive payment of the amount due within 70 days after submitting a
valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is
received, and/or (ii) resign his/her appointment by giving notice under Clause 7.
7 Termination
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At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board Agreement by
giving 42 days’ notice to the Member, or (ii) the Member may resign as provided for in Clause 2.
If the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor may,
without prejudice to their other rights, terminate it by notice to the Member. The notice shall take effect
when received by the Member.
If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may,
without prejudice to his other rights, terminate it by notice to the Employer and the Contractor. The
notice shall take effect when received by them both.
Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor
and the Member. However, a notice by the Employer or the Contractor, but not by both, shall be of no
effect.
8 Default of the Member
If the Member fails to comply with any of his obligations under Clause 4 concerning his impartiality or
independence in relation to the Employer or the Contractor, he/she shall not be entitled to any fees or
expenses hereunder and shall, without prejudice to their other rights, reimburse each of the Employer
and the Contractor for any fees and expenses received by the Member and the Other Members (if any),
for proceedings or decisions (if any) of the Dispute Board which are rendered void or ineffective by the
said failure to comply.
9 Disputes
Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the breach,
termination or invalidity thereof, shall be finally settled by institutional arbitration. If no other arbitration
institute is agreed, the arbitration shall be conducted under the Rules of Arbitration of the International
Chamber of Commerce by one arbitrator appointed in accordance with these Rules of Arbitration.
233
Annex - DISPUTE BOARD GUIDELINES
1. Unless otherwise agreed by the Employer and the Contractor, the Dispute Board shall visit the
site at intervals of not more than 140 days, including times of critical construction events, at the
request of either the Employer or the Contractor. Unless otherwise agreed by the Employer, the
Contractor, and the Dispute Board, the period between consecutive visits shall not be less than
70 days, except as required to convene a hearing as described below.
2. The timing of and agenda for each site visit shall be as agreed jointly by the Dispute Board, the
Employer, and the Contractor, or in the absence of agreement, shall be decided by the Dispute
Board. The purpose of site visits is to enable the Dispute Board to become and remain acquainted
with the progress of the Works and of any actual or potential problems or claims, and, as far as
reasonable, to prevent potential problems or claims from becoming disputes.
3. Site visits shall be attended by the Employer, the Contractor, and the Project Manager and shall
be coordinated by the Employer in cooperation with the Contractor. The Employer shall ensure
the provision of appropriate conference facilities and secretarial and copying services. At the
conclusion of each site visit and before leaving the site, the Dispute Board shall prepare a report
on its activities during the visit and shall send copies to the Employer and the Contractor.
4. The Employer and the Contractor shall furnish to the Dispute Board one copy of all documents
which the Dispute Board may request, including Contract documents, progress reports, variation
instructions, certificates, and other documents pertinent to the performance of the Contract. All
communications between the Dispute Board and the Employer or the Contractor shall be copied
to the other Party. If the Dispute Board comprises three persons, the Employer and the Contractor
shall send copies of these requested documents and these communications to each of these
persons.
5. If any dispute is referred to the Dispute Board in accordance with GCC Subclause 45.3, the
Dispute Board shall proceed in accordance with GCC Subclause 45.3 and these Guidelines.
Subject to the time allowed to give notice of a decision and other relevant factors, the Dispute
Board shall
(a) act fairly and impartially as between the Employer and the Contractor, giving each of them
a reasonable opportunity of putting his case and responding to the other’s case; and
(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.
6. The Dispute Board may conduct a hearing on the dispute, in which event it will decide on the
date and place for the hearing and may request that written documentation and arguments from
the Employer and the Contractor be presented to it prior to or at the hearing.
7. Except as otherwise agreed in writing by the Employer and the Contractor, the Dispute Board
shall have power to adopt an inquisitorial procedure, to refuse admission to hearings or audience
at hearings to any persons other than representatives of the Employer, the Contractor, and the
Project Manager, and to proceed in the absence of any party who the Dispute Board is satisfied
received notice of the hearing; but shall have discretion to decide whether and to what extent this
power may be exercised.
8. The Employer and the Contractor empower the Dispute Board, among other things, to
(a) establish the procedure to be applied in deciding a dispute;
(b) decide upon the Dispute Board’s own jurisdiction, and as to the scope of any dispute
referred to it;
234
(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other than
those contained in the Contract and these Guidelines;
(d) take the initiative in ascertaining the facts and matters required for a decision;
(e) make use of its own specialist knowledge, if any;
(f) decide upon the payment of financing charges in accordance with the Contract;
(g) decide upon any provisional relief such as interim or conservatory measures;
(h) open up, review and revise any certificate, decision, determination, instruction, opinion or
valuation of the Project Manager, relevant to the dispute; and
(i) appoint, should the Dispute Board so consider necessary and the Parties agree, a suitable
expert at the cost of the Parties to give advice on a specific matter relevant to the dispute.
9. The Dispute Board shall not express any opinions during any hearing concerning the merits of
any arguments advanced by the Parties. Thereafter, the Dispute Board shall make and give its
decision in accordance with GCC Subclause 45.3, or as otherwise agreed by the Employer and
the Contractor in writing. If the Dispute Board comprises three persons
(a) it shall convene in private after a hearing, in order to have discussions and prepare its
decision;
(b) it shall endeavour to reach a unanimous decision: if this proves impossible the applicable
decision shall be made by a majority of the Members, who may require the minority
Member to prepare a written report for submission to the Employer and the Contractor; and
(c) if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other
two Members may nevertheless proceed to make a decision, unless
(i) either the Employer or the Contractor does not agree that they do so, or
(ii) the absent Member is the chairman and he/she instructs the other Members to not
make a decision.
235
Section 8: Special Conditions of Contract 8-1
Section 8: Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.
The clause number of the SCC is the corresponding clause number of the GCC.
Table of Clauses
1. Definitions ................................................................................................................... 8-2
5. Law and Language ...................................................................................................... 8-2
6. Fraud and Corruption ………………………………………………………………………… 8-2
7. Scope of Facilities ......................................................... 8-Error! Bookmark not defined.
8. Time for Commencement and Completion................................................................... 8-3
9. Contractor's Responsibilities ………………………………………………………………… 8-3
10. Employer's Responsibilities ………………………………………………………………….. 8-4
11. Contract Price ............................................................................................................. 8-4
13. Securities .................................................................................................................... 8-4
19. Subcontracting ………………………………………………………………………………… 8-4
20. Design and Engineering ……………………………………………………………………… 8-5
22 Installation................................................................................................................... 8-5
25. Commissioning and Operational Acceptance............................................................... 8-7
26. Completion Time Guarantee........................................................................................ 8-7
27. Defect Liability............................................................................................................. 8-7
30. Limitation of Liability .................................................................................................... 8-7
42. Termination ……………………………………………………………………………………. 8-8
45. Disputes and Arbitration .............................................................................................. 8-8
46. Eligibility...................................................................................................................... 8-9
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8-2 Section 8: Special Conditions of Contract
1. Definitions
The Employer is: Convergence Energy Services Ltd

The Project Manager is: Mr. Amit Sood (DGM)
The Bank is: Asian Development Bank
Country of Origin: As given in Section 5
5. Law and Language
5.1 The Contract shall be interpreted in accordance with the laws of: India
5.2 The ruling language is: English
5.3 The language for communications is: English
6. Fraud and Corruption
6.4 The Contractor has the obligation to notify the Employer of any changes in connection
with the matters described in paragraphs (i), (k), (l), (m), (n), (o), (p) and (t) of the Letter
of Bid.
6.5 If the Contactor is debarred or temporarily suspended by ADB, it shall inform the Employer
of such debarment or suspension, and that the endorsement of ADB’s Office of
Anticorruption and Integrity is required for any variations, extensions or modifications to
the Contract.
7. Scope of Facilities
7.3 The Contractor agrees to supply spare parts for a period of years: 6 Years
The Contractor shall carry sufficient inventories to ensure an ex-stock supply of

consumable spares for the Plant. Other spare parts and components shall be supplied
as promptly as possible, but at the most within 6 months of placing the order and opening
the letter of credit. In addition, in the event of termination of the production of spare parts,
advance notification will be made to the Employer of the pending termination, with
sufficient time to permit the Employer to procure the needed requirement. Following such
termination, the Contractor will furnish to the extent possible and at no cost to the
Employer the blueprints, drawings and specifications of the spare parts, if requested.
237
8. Time for Commencement and Completion
8.1 The Contractor shall commence work on the Facilities within 15 days from the Effective
Date for determining Time for Completion as specified in the Contract Agreement
provided that access to and possession of the Site or any part thereof have been given
under subclause 10.2, and shall then proceed with the work on the Facilities with due
expedition and without delay.
8.2 The Time for Completion of the whole of the Facilities at each site shall be 90 days from
the Date of site allocation as described in the Contract Agreement.
Time for Completion for parts of the Facilities: Not Applicable
9. Contractor’s Responsibilities
9.6 To add the following paragraph at the end of GCC 9.6:
“ADB’s right to inspect the Site and/or the Contractor’s accounts and records relating to
the performance of the Contract stated in Subclause 6.1 (e) and 9.6 shall survive
termination and/ or expiration of this Contract.”
9.8 Protection of the Environment
At the end of the sub-clause in 9.8 Protection of the Environment, add the following
paragraphs:
“The Contractor shall comply with all applicable national, provincial, and local
environmental laws and regulations.
The Contractor shall also comply with all reasonable requests of the national and local
authorities responsible for enforcing environmental controls.
Within 28 days of the Commencement Date the Contractor shall submit a detailed Site
Specific Environmental Management Plan (SSEMP), based on the Environmental Health
and Safety Management Plan submitted in the technical proposal, for the Project
Manager’s no objection showing how the Contractor intends to comply with environmental
laws and regulations and other specific requirements prescribed in the Contract,
addressing all the monitoring and mitigation measures set forth in the Environmental
Impact Assessment (“EIA”) and the Environmental Management Plan (“EMP”) of the
project attached in Section 6- Employer’s Requirements. Work shall not commence on
the Site until the no objection of SSEMP has been obtained from the Project Manager and
is being implemented.
The Contractor shall (a) establish an operational system for managing environmental
impacts, (b) comply with the approved SSEMP and any corrective or preventative actions
set out in safeguards monitoring reports that the Employer will prepare from time to time
to monitor the implementation of the project EMP through the SSEMP, (c) allocate the
budget required to ensure that such measures, requirements and actions are carried out,
(d) submit semi-annual reports on the compliance of such measures to the Employer.
238
Where unanticipated environmental risks or impacts become apparent during the

Contract, the Contractor is required to update the SSEMP to outline the potential impacts
to site works and associated mitigation measures for the Project Manager’s approval.”
10. Employer’s Responsibilities
10.2 There shall be no work nor construction activities at the Site or any part thereof (as the
case may be) unless the Employer has granted access to the Site or part thereof (as the
case may be) in accordance with this Subclause 10.2.
11. Contract Price
11.2 The Contract Price shall be fixed
13. Securities
13.3.1 Within Twenty-Eight (28) days of the receipt of notification of award from CESL, the
successful bidder shall furnish the Performance Securities in the form of Demand Draft/
Pay Order or Bank Guarantee for 10% of the total contract value.
Performance Security must be valid to cover Delivery Period(6months) + Warrantee and

O&M period(6 years) + 3 months claim period.
CESL shall at his discretion have recourse to the said PS for the recovery of any or all amount
due from the Successful Bidder in connection with the contract including of guarantee
obligations. This shall include the recovery, if any, against the Liquidated damages
applicable during Repair and maintenance period as brought out under LD Clause (Refer
Liquidated Damages).
If any shortfall in performance is observed, as per the criteria mentioned in section 4, CESL shall
have right to INVOKE BANK GUARANTEE.
The Bank Guarantee shall be effective only when BG issuance message is transmitted
by the issuing bank through SFMS to ICICI bank include unique
identifier CESL578807920 in field 7037 of the SFMS cover message with IFSC code
ICIC0000007.
BG Advancing message –IFN 760COV / IFN 767 COV via SFMS

Field Number Particulars (To be mentioned in Row -1)
7037 CESL578807920
Failure of the bidder(s) to comply with the requirements of IFB/Tender/NIT/LOA shall constitute
sufficient grounds for the annulment of the award and forfeiture of the Performance Security.
The Bank Guarantee shall be denominated in INR.

Bank guarantee shall be from any listed scheduled bank in the RBI. CESL 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 guaranteed obligations.
.
239
13.3.2 The performance security shall be in the form of the Bank Guarantee as per form included
in Section 9 (Contract Forms).
13.3.3 The performance security shall not be reduced on the date of the Operational Acceptance.
19. Subcontracting
19.6 Subcontracting is not allowed for this assignment.
20. Design and Engineering
20.3 Approval/Review of Technical Documents by Project Manager

20.3.2 Within 21 days after receipt by the Project Manager of any document requiring the Project
Manager’s approval in accordance with GCC Subclause 20.3.1, the Project Manager shall
either return one copy thereof to the Contractor with its approval endorsed thereon or shall
notify the Contractor in writing of its disapproval thereof and the reasons therefor and the
modifications that the Project Manager proposes.
If the Project Manager fails to take such action within the said 21 days, then the said
document shall be deemed to have been approved by the Project Manager.
22. Installation
22.2 Labor
22.2.5 Working Hours
(a) Normal working hours are: 8 hours per Shift from 9:00 AM to 6:00 PM (one hour
break)
22.2.7 Health and Safety

(d) The Contractor shall throughout the contract (including the Defect Liability Period):
(i) conduct Information, Education and Consultation Communication (IEC)
campaigns, at least every other month, addressed to all the Site staff and
labor (including all the Contractor's employees, all Subcontractors and
Employer’s and Project Manager’s employees, and all truck drivers and crew
making deliveries to Site for construction activities) and to the immediate local
communities, concerning the risks, dangers and impact, and appropriate
avoidance behavior with respect to of Sexually Transmitted Diseases
(STD)—or Sexually Transmitted Infections (STI) in general and HIV/AIDS in
particular;
(ii) provide male or female condoms for all Site staff and labor as appropriate;
and
(iii) provide for STI and HIV/AIDS screening, diagnosis, counseling and referral
to a dedicated national STI and HIV/AIDS program, (unless otherwise
agreed) of all Site staff and labor.
The Contractor shall include in the program to be submitted for the execution of the
Facilities under Subclause 18.2 an alleviation program for Site staff and labor and
240
their families in respect of STI and STD including HIV/AIDS. The STI, STD and
HIV/AIDS alleviation program shall indicate when, how and at what cost the
Contractor plans to satisfy the requirements of this Subclause and the related
specification. For each component, the program shall detail the resources to be
provided or utilized and any related subcontracting proposed. The program shall
also include provision of a detailed cost estimate with supporting documentation.
Payment to the Contractor for the preparation and implementation this program
shall not exceed the amount dedicated for this purpose.
After the existing paragraph in GCC 22.2.7 (a), add the following:
“The Contractor is responsible for establishment of preventive and emergency
preparedness and response measures to avoid, and where avoidance is not
possible, to minimize, adverse impacts and risks of the construction site work to the
health and safety of local communities.
Within 28 days of the Effective Date the Contractor shall submit a detailed Site
Specific Health and Safety Management Plan (SSHSMP), based on the
Environmental Health and Safety Management Plan submitted in the technical
proposal, for the Project Manager ’s no objection showing how he/she intends to
comply with the local Health and Safety laws and regulations and other specific
requirements prescribed in the Contract, taking into account the Supplementary
Information in Section 6- Employer’s Requirements. Work shall not commence on
the Site until the confirmation of no objection of the SSHSMP has been obtained
from the Project Manager and is being implemented.
Where unanticipated health and safety hazards or risks become apparent during
the Contract, the Contractor is required to update the SSHSMP to outline the
potential impacts to site works and associated mitigation measures for the Project
Manager’s no objection.
The Contractor shall comply with the approved SSHSMP and any corrective or
preventative actions set out in safeguards monitoring reports that the Employer will
prepare from time to time to monitor the implementation of the project EMP through
the SSHSMP.
In particular, the Contractor is required to provide all personnel on site including
Employer’s Personnel and visitors with personal protective equipment, including
protection for feet (safety boots), head, eyes, ears (safety helmets) and hands, etc.,
in accordance with the Contractor’s SSHSMP. The Contractor should ensure that
his Subcontractors comply with the SSHSMP and provide all such necessary
equipment to their personnel.
The Contractor shall bear the costs to ensure that such measures, requirements
and actions are carried out.
The Contractor shall submit semi-annual reports on the compliance of such
measures to the Employer.”
Add after the existing paragraph in GCC 22.2.7 (c) the following:
“In the event of a significant injury involving medical treatment or hospitalization and
fatal accident the Contractor shall notify the Project Manager immediately by verbal
communication and submit a formal report as soon as practicable after its
occurrence. For all accidents, whether fatal or not, the Contractor shall also notify
the appropriate local authorities in accordance with the Laws of the Country.”
22.2.8 Funeral Arrangements
241
Funeral arrangements: The funeral arrangements in the unfortunate event of the

death of any of the staff engaged by the contractor shall be the sole responsibility
of the contractor during the entire implementation as well as operation &
maintenance period. The contractor shall meet all expenses related to the funeral,
including transportation of the dead body of the staff to his place of residence and
/ or travel expenses of immediate family members to the site
22.2.17 Respectful Work Environment

The Contractor shall ensure that its employees and Subcontractors observe the highest
ethical standards and refrain from any form of bullying, discrimination, misconduct, and
harassment, including sexual harassment and shall, at all times, behave in a manner
that creates an environment free of unethical behavior, bullying, misconduct, and
harassment, including sexual harassment. The Contractor shall take appropriate action
against any employees or Subcontractors, including suspension or termination of
employment or subcontract, if any form of unethical or inappropriate behavior is
identified.
The Contractor shall conduct training programs for its employees and Subcontractors to
raise awareness on and prevent any form of bullying, discrimination, misconduct, and
harassment including sexual harassment, and to promote a respectful work environment.
The Contractor shall keep an up to date record of its employees and subcontractors who
have attended and completed such training programs and provide such records to the
Employer or the Engineer at their first written request.
25. Commissioning and Operational Acceptance
25.2.2 The Operational Test of the Facilities shall be successfully completed within 7 days from
the date of Completion.
26. Completion Time Guarantee
26.2 Applicable rate for liquidated damages: 0.5% of total contract value per week
Maximum deduction for liquidated damages: 10% of the total contract.
26.3 No bonus will be given for earlier Completion of the Facilities or part thereof.
27. Defect Liability
27.10 The critical components covered under the extended defect liability are Solar Panels, EV
Chargers and Battery alongwith all individual components. and the period shall be 6 years
from the date of commissioning.
30. Limitation of Liability
30.1 (b) The multiplier of the Contract Price is: 01 (One)
242
42. Termination
42.1 Termination for Employer’s Convenience

42.1.3 (f) a reasonable amount of profit for the parts of the Works not executed by the Contractor
as at the date of termination.
45. Disputes and Arbitration
45.1 The Dispute Board shall be appointed within 28 days after the Effective Date.
The Dispute Board shall be 3 members
List of potential Dispute Board members is: MD, CESL
45.2 Appointment (if not agreed) to be made by: ___________________________________
45.3 This sentence shall be added as last paragraph in GCC Subclause 45.3:
If the decision of the Dispute Board requires a payment by one Party to the other Party,
the Dispute Board may require the payee to provide an appropriate security in respect of
such payment.
45.5 Rules of procedure for arbitration proceedings:

(a) Contracts with foreign contractors:
International arbitration shall be conducted in accordance with the rules of Singapore
International Arbitration Centre (SIAC).
Arbitration shall be administered by SIAC.
The place of arbitration shall be the place of the institution administering the arbitration.
(b) Contracts with contractors being nationals of the Employer’s country: Any
dispute between the employer and a contractor who is a national of the Employer’s
country arising in connection with the present contract shall be referred to arbitration in
accordance with the laws of the Employer’s country.
45.6 GCC Subclause 45.6 shall be replaced with the following sentence:
In the event that a Party fails to comply with a Dispute Board decision which has become ether
binding or final and binding, then the other Party may, without prejudice to any other rights it may
have, refer the failure itself to arbitration under Subclause 45.5 [Arbitration] for summary or other
expedited relief, as may be appropriate. Subclause 45.3 [Obtaining Dispute Board’s Decision]
and Subclause 45.4 [Amicable Settlement] shall not apply to this reference.
243
CESL will
46. Eligibility
46.1 The Contractor shall have the nationality of an ADB member country. The Contractor shall
be deemed to have the nationality of a country if the Contractor is a citizen or is
constituted, incorporated, or registered, and operates in conformity with the provisions of
the laws of that country. This criterion shall also apply to the determination of the
nationality of proposed subcontractors or suppliers for any part of the Contract including
related services.
46.2 The materials, equipment and services to be supplied under the Contract shall have their
origin in eligible source countries and all expenditures under the Contract will be limited
to such materials, equipment, and services. At the Employer’s request, the Contractor
may be required to provide evidence of the origin of materials, equipment and services.
46.3 For purposes of SCC 46.2, “origin” means the place where the materials and equipment
are mined, grown, produced or manufactured, and from which the services are provided.
Materials and equipment are produced when, through manufacturing, processing, or
substantial or major assembling of components, a commercially recognized product
results that differs substantially in its basic characteristics or in purpose or utility from its
components.
244
Section 9: Contract Forms 9-1
Section 9: Contract Forms
Table of Forms
Notice of Intention for Award of Contract ................................................ 9-2
Letter of Acceptance ................................................................................... 9-3
Contract Agreement .................................................................................... 9-6
Appendix 1: Terms and Procedures of Payment .............................. 9-11

Appendix 2: Price Adjustment ............. 9-Error! Bookmark not defined.
Appendix 3: Insurance Requirements............................................... 9-16
Appendix 4: Time Schedule .............................................................. 9-20
Appendix 5: List of Major Items of Plant and Services and List of
Approved Subcontractors .................................................................. 9-21
Appendix 6: Scope of Works and Supply by the Employer .............. 9-22
Appendix 7: List of Documents for Approval or Review ................... 9-23
Appendix 8: Functional Guarantees ... 9-Error! Bookmark not defined.
Performance Security .............................................................................. 9-20
Advance Payment Security ..................................................................... 9-22
Bidding Document for Design, Supply, Erection & Commissioning and O & M of 25/50 kWp Bi-facial Vertical Solar PV along with
Battery Energy Storage System with EV Chargers project Procurement of Plant Single-Stage: One-Envelope
245
9-2 Section 9: Contract Forms
Notice of Intention for Award of Contract
[on letterhead paper of the Employer]
[date of notification]
To: [name of the Bidder]

Attention: [insert name of the Bidder’s authorized representative]
Address: [insert address of the Bidder’s authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of the Bidder’s authorized
representative]
E-mail Address: [insert e-mail address of the Bidder’s authorized representative]
This is to notify you of our intention to award the contract [insert name of the contract
and identification number, as given in the Bid Data Sheet]. You have [insert number
of days as specified in ITB 40.1 of the BDS] days, from the date of this notification to
(i) request for a debriefing in relation to the evaluation of your Bid, and/or (ii) submit a
bidding-related complaint in relation to the intention for award of contract, in
accordance with the procedures specified in ITB 45.1.
The summary of the evaluation are as follows:
1. List of Bidders
Bid Price as Read Evaluated Bid
Name of Bidder
Out at Opening Price
2. Reason/s Why Your Bid Was Unsuccessful
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………
3. The Successful Bidder

Name of Bidder:
Address:
Accepted Contract Amount:
Duration of Contract:
246
Scope of the Contract Awarded:

Amount Performance Security
Required:
Authorized Signature: ……………………………………………………………

Name and Title of Signatory: ……………………………………………………
Name of Agency: …………………………………………………………………
247
Letter of Acceptance
[date]
To: [Name and address of the contractor]
Subject: Contract No. [please specify]
This is to notify you that your Bid dated [date] for execution of the [name of the contract
and identification number, as given in the Bid Data Sheet] for the Contract Price in the
aggregate of [amounts in words and figures] [name of currency], as corrected and
modified in accordance with the Instructions to Bidders is hereby accepted by our
Agency.
You are requested to furnish the Performance Security within 28 days in accordance
with the Conditions of Contract and any additional security required as a result of the
evaluation of your bid, using for that purpose one of the Performance Security Forms
included in Section 9 (Contract Forms) of the Bidding Document.
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
248
Attachment: Contract Agreement
249
Contract Agreement
THIS AGREEMENT made on the [ insert number ] day of [ insert month ], [ insert
year ],
BETWEEN
(1) [ name of the employer ], a corporation incorporated under the laws of [ country
of the Employer ] and having its principal place of business at [ address of the
Employer ] (hereinafter called “the Employer”), and (2) [ name of the contractor ], a
corporation incorporated under the laws of [ country of the contractor ] and having its
principal place of business at [ address of the contractor ] (hereinafter called “the
Contractor”).
WHEREAS the Employer desires to engage the Contractor to design, manufacture,

test, deliver, install, complete and commission certain Facilities, viz. [ list of facilities ]
(“the Facilities”) 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:
Article 1 1.1 Contract Documents (Reference GCC Clause 2)

Contract The following documents shall constitute the Contract
Documents between the Employer and the Contractor, and each shall
be read and construed as an integral part of the Contract:
(a) This Contract Agreement and the Appendixes hereto

(b) Letter of Bid and Price Schedules submitted by the
Contractor
(c) Special Conditions of Contract
(d) List of Eligible Countries that was specified in Section
5 of the Bidding Document
(e) General Conditions of Contract
(f) Specifications
(g) Drawings
(h) Other completed Bidding Forms submitted with the
Letter of Bid
(i) Any other documents forming part of the Employer’s
Requirements
(j) Any other documents shall be added here1
1.2 Order of Precedence (Reference GCC Clause 2)

In the event of any ambiguity or conflict between the
Contract Documents listed above, the order of precedence
1
Tables of Adjustment Data may be added if the contract provides for price adjustment (see GCC 11).
250
shall be the order in which the Contract Documents are

listed in Article 1.1 (Contract Documents) above.
1.3 Definitions (Reference GCC Clause 1)

Capitalized words and phrases used herein shall have the
same meanings as are ascribed to them in the General
Conditions.
Article 2 2.1 Contract Price (Reference GCC Clause 11)

Contract Price The Employer hereby agrees to pay to the Contractor the
and Terms of Contract Price in consideration of the performance by the
Payment Contractor of its obligations hereunder. The Contract Price
shall be the aggregate of [amounts of foreign currency in
words], [amounts in figures] as specified in Price Schedule
No. 5 (Grand Summary), [amounts of local currency in
words], [amounts 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 (Reference GCC Clause 12)

The terms and procedures of payment according to which
the Employer will reimburse the Contractor are given in the
Appendix (Terms and Procedures of Payment) hereto.
The Employer shall instruct its bank to issue an irrevocable

confirmed documentary credit made available to the
Contractor in a bank in the country of the Contractor. The
credit shall be for an amount of [amount equal to the total
named in Schedule 1 less the advance payment to be made
for plant and mandatory spare parts supplied from abroad];
and shall be subject to the Uniform Customs and Practice
for Documentary Credits 1993 Revision, ICC Publication No.
500.2
In the event that the amount payable under Schedule No. 1

is adjusted in accordance with GCC 11.2 or with any of the
other terms of the Contract, the Employer shall arrange for
the documentary credit to be amended accordingly
251
Article 3 3.1 Effective Date (Reference GCC Clause 1)

Effective Date The Effective Date upon which the period until the Time for
Completion of the Facilities shall be counted from is the date
when all of the following conditions have been fulfilled:
(a) This Contract Agreement has been duly executed for

and on behalf of the Employer and the Contractor.
(b) The Contractor has submitted to the Employer the

performance security and the advance payment
guarantee.
(c) The Employer has paid the Contractor the advance

payment.
(d) The Contractor has been advised that the

documentary credit referred to in Article 2.2 above has
been issued in its favor.
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 2
months from the date of this Contract notification because
of reasons not attributable to the Contractor, 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.
_________________________________
2
Or Uniform Customs and Practice for Documentary Credits 2007 Revision, ICC
Publication No. 600 (or the latest version).
Article 4 4.1 The address of the Employer for notice purposes, pursuant
Communication to GCC 4.1 is: [ Employer's address ].
s
4.2 The address of the Contractor for notice purposes, pursuant
to GCC 4.1 is: [ Contractor's address ].
Article 5. 5.1 The Appendixes listed in the attached List of Appendixes

Appendixes shall be deemed to form an integral part of this Contract
Agreement.
252
5.2 Reference in the Contract to any Appendix shall mean the

Appendixes attached hereto, and the Contract shall be read
and construed accordingly.
IN WITNESS WHEREOF the Employer 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 Employer
[ Signature ]
[ Title ]
in the presence of
[ Signature ]
[ Title ]
Signed by, for and on behalf of the Contractor
[ Signature ]
[ Title ]
in the presence of
[ Signature ]
[ Title ]
APPENDIXES
Appendix 1: Terms and Procedures of Payment

Appendix 2: Price Adjustment
Appendix 3: Insurance Requirements
Appendix 4: Time Schedule
Appendix 5: List of Major Items of Plant and Services and List of Approved
Subcontractors
Appendix 6: Scope of Works and Supply by the Employer
253
Appendix 7: List of Documents for Approval or Review

Appendix 8: Functional Guarantees
254
Appendix 1: Terms and Procedures of Payment
In accordance with the provisions of GCC Clause 12 (Terms of Payment), the

Employer shall pay the Contractor in the following manner and at the following times,
based on the Price Breakdown given in the section on Price Schedules. Payments
will be made in the currencies quoted by the Bidder unless otherwise agreed between
the parties. Applications for payment in respect of part deliveries may be made by the
Contractor as work proceeds.
255
(A) Terms of Payment
Schedule No. 1 - Plant and Mandatory Spare Parts Supplied from Abroad
In respect of plant and mandatory spare parts supplied from abroad, the following
payments shall be made:
Ten percent (10%) of the total CIP amount as an advance payment against receipt of
invoice and an irrevocable advance payment security for the equivalent amount made
out in favor of the Employer. The advance payment security may be reduced in
proportion to the value of the plant and mandatory spare parts delivered to the site,
as evidenced by delivery documents.
Sixty percent (60%) of the total or pro rata CIP or amount upon Incoterm “CIP,” upon
delivery to the site within 45 days after receipt of invoice.
Twenty percent (20%) of the total or pro rata CIP or amount upon issue of the
Completion Certificate, within 45 days after receipt of invoice.
Ten percent (10%) of the total or pro rata CIP or amount upon issue of the Operational
Acceptance Certificate, within 45 days after receipt of invoice.
Schedule No. 2 - Plant and Mandatory Spare Parts Supplied from Within the
Employer’s Country
In respect of plant and mandatory spare parts supplied from within the Employer’s
country, the following payments shall be made:
Ten percent (10%) of the total EXW amount as an advance payment against receipt
of invoice, and an irrevocable advance payment security for the equivalent amount
made out in favor of the Employer. The advance payment security may be reduced in
proportion to the value of the plant and mandatory spare parts delivered to the site,
as evidenced by delivery documents.
Sixty percent (60%) of the total or pro rata EXW amount upon Incoterm “Ex-Works,”
upon delivery to the site within 45 days after receipt of invoice.
Twenty percent (20%) of the total or pro rata EXW amount upon issue of the
Completion Certificate, within 45 days after receipt of invoice.
Ten percent (10%) of the total or pro rata EXW amount upon issue of the Operational
Acceptance Certificate, within 45 days after receipt of invoice.
256
Schedule No. 3 - Design Services

In respect of design services for both the foreign currency and the local currency
portions, the following payments shall be made:
Ten percent (10%) of the total design services amount as an advance payment
against receipt of invoice and an irrevocable advance payment security for the
equivalent amount made out in favor of the Employer.
Ninety percent (90%) of the total or pro rata design services amount upon acceptance
of design of the Facilities by the Project Manager within 45 days after receipt of
invoice.
Schedule No. 4 - Installation and Other Services

In respect of installation services for both the foreign and local currency portions, the
following payments shall be made:
Ten percent (10%) of the total installation and other services amount as an advance
payment against receipt of invoice and an irrevocable advance payment security for
the equivalent amount made out in favor of the Employer. The advance payment
security may be reduced in proportion to the value of work performed by the Contractor
as evidenced by the invoices for installation services.
Sixty percent (60%) of the measured value of work performed by the Contractor, as
identified in the said Program of Performance, during the preceding month, as
evidenced by the Employer’s authorization of the Contractor’s application, will be
made monthly within 45 days after receipt of invoice.
Twenty percent (20%) of the total or pro rata value of installation services performed
by the Contractor as evidenced by the Employer’s authorization of the Contractor’s
monthly applications, upon issue of the Completion Certificate, within 45 days after
receipt of invoice.
Ten percent (10%) of the total or pro rata value of installation services performed by
the Contractor as evidenced by the Employer’s authorization of the Contractor’s
monthly applications, upon issue of the Operational Acceptance Certificate, within 45
days after receipt of invoice.
257
(B) Payment Procedures
When applying for certification and making payments, the procedures shall be as
follows:
When applying for certification and making payments, the procedures shall be
as follows:
(i) Upon completion of supply of materials, installation and testing of the

facilities or any part thereof at each designated site or for each sub-project,
the Contractor shall notify the Employer in writing.
(ii) Upon such notification, the Employer/ Employer’s representative shall carry
out the joint inspection along with the Contractor to verify the quantities and
quality of material /work as per the employer’s requirement in section 6,
technical specifications.
(iii) Subsequent to the joint inspection, joint inspection report will be issued with
certified quantities of materials and works, and list of any defects and /or
deficiencies (snag / defects list), jointly signed by Employer/ Employer’s
representative and Contractor. The delivery & installation status for
payments is presumed to be completed at this stage provided there are no
major defects listed.
(iv) Pursuant to GCC clause 24, Employer will issue completion certificate in
respect of the facilities or any part thereof at each designated site or for
each sub-project.
(v) Pursuant to GCC clause 25, the Contractor shall complete commissioning
including commissioning and notify the Employer in writing.
(vi) Pursuant GCC clause 25, Employer will issue operational acceptance in
respect of the facilities or any part thereof at each designated site or for
each sub-project.
(vii) The Contractor shall submit the invoices at respective stages for payments
according to payment terms as specified in Part (A) and (B), together with
submittal of applicable documents including Joint Inspection reports,
completion certificates and operational acceptance certificates as
applicable, to Project Manager, Convergence Energy Services Ltd.
(viii) Payments will be made, within 45 days after receipt of invoices and
documentation in office of Head, Convergence Energy Services Ltd.
258
In the event that the Contractor has duly followed the procedure enumerated above
and the Employer fails to make any payment on its respective due date, the Employer
shall pay to the Contractor interest on the amount of such delayed payment as from
the end of the 45 days period on certified amount due but not paid at the end of such
period
(i) For payment to be made in INR, the State Bank of India six-month MCLR rates
(ii) For payments to be made in foreign currency, the 180-Day Average SOFR
(Secured Overnight Financing Rate)
259
Appendix 3: Insurance Requirements
(A) Types of Insurance to Be Taken Out by the Contractor
In accordance with the provisions of GCC Clause 34, the Contractor 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 types of insurance set forth below
in the sums and with the deductibles and other conditions specified. The identity of
the insurers and the form of the policies shall be subject to the approval of the
Employer, such approval not to be unreasonably withheld.
(a) Cargo Insurance

Covering loss or damage occurring, while in transit from the supplier’s or
manufacturer’s works or stores until arrival at the Site, to the Facilities (including spare
parts therefore) and to the construction equipment to be provided by the Contractor
or its Subcontractors.
Deductible Parties
Amount From To
limits insured
[in [in
[names] [place] [place]
currency(ies)] currency(ies)]
110% of (Ex
Contractor and Dispatch Site
works/CIP Nil
Employer Location Location
Price)
(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
Contractor’s liability in respect of any loss or damage occurring during the defect
liability period while the Contractor is on the Site for the purpose of performing its
obligations during the defect liability period.
Deductible Parties
Amount From To
limits insured
[in [in
[names]
currency(ies)] currency(ies)]
Contractor Up to
110% of (Ex
/Sub- Receipt defect
works/CIP Nil
Contractor and at site liability
Price)
Employer period
260
(c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Employer’s
personnel) and loss of or damage to property (including the Employer’s property and
any parts of the Facilities that have been accepted by the Employer) occurring in
connection with the supply and installation of the Facilities.
Deductible Parties
Amount From To
limits insured
[in [in
[place
currency(ies) currency(ies) [names] [place]
]
] ]
As per
approved Up to
safety plan, Contractor/Su Commencemen defect
Nil
EMP and b Contractor t of work liability
statutory period
requirements
(d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors (whether
owned by them or not) in connection with the supply and installation of the Facilities.
Comprehensive insurance in accordance with statutory requirements.
(e) Workers’ Compensation

In accordance with the statutory requirements applicable in any country where the
Facilities or any part thereof is executed.
(f) Employer’s Liability

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

The Contractor is also required to take out and maintain at its own cost the following
types of insurance:
Details: Nil
The Employer shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to GCC Subclause 34.1, except for the Third Party Liability,
Workers’ Compensation, and Employer’s Liability Insurance, and the Contractor’s
261
Subcontractors shall be named as co-insureds under all insurance policies taken out
by the Contractor pursuant to GCC Subclause 34.1, except for the Cargo, Workers’
Compensation and Employer’s Liability Insurance. All insurer’s 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.
262
(B) Types of Insurance to Be Taken Out by the Employer
The Employer shall at its expense take out and maintain in effect during the
performance of the Contract the following insurance policies.
Details: Nil
263
Appendix 4: Time Schedule
Time for
Completion from
# Facilities Applicable Lots
effective date*
(months)
Site Survey, Design and Feasibility
1. All Lots 0.5 Months
Report
Procurement and supply of all materials
2. All Lots 1 Months
and equipment
Erection, testing and commissioning of

3. All Lots 1.5 Months
Carports
Completion of all implementation

4. All Lots 3 Months
activities
*Note: Effective date shall be calculated from final allocation of site.
264
Appendix 5: List of Major Items of Plant and Services and List of Approved
Subcontractors
A list of major items of plant and services is provided below.
The following Subcontractors and Manufacturers are approved for carrying out the
item of the facilities indicated. Where more than one Subcontractor is listed, the
Contractor is free to choose between them, but it must notify the Employer of its choice
in good time prior to appointing any selected Subcontractor. In accordance with GCC
Subclause 19.1, the Contractor is free to submit proposals for Subcontractors for
additional items from time to time. No Subcontracts shall be placed with any such
Subcontractors for additional items until the Subcontractors have been approved in
writing by the Employer and their names have been added to this list of Approved
Subcontractors.
Major Items of
Approved Subcontractors
Plant and Nationality
and Manufacturers
Services
265
Appendix 6: Scope of Works and Supply by the Employer
The following personnel, facilities, works, and supplies will be provided or supplied by
the Employer, and the provisions of GCC Clauses 10, 21, and 24 shall apply as
appropriate.
All personnel, facilities, works, and supplies will be provided by the Employer in good
time so as not to delay the performance of the Contractor, in accordance with the
approved Time Schedule and Program of Performance pursuant to GCC Subclause
18.2.
Unless otherwise indicated, all personnel, facilities, works, and supplies will be
provided free of charge to the Contractor.
Personnel Charge to Contractor (if any)

NIL
Facilities Charge to Contractor (if any)

NIL
Works Charge to Contractor (if any)

NIL
Supplies Charge to Contractor (if any)

NIL
266
Appendix 7: List of Documents for Approval or Review
Pursuant to GCC Subclause 20.3.1, the Contractor shall prepare, or cause its
Subcontractor to prepare, and present to the Project Manager in accordance with the
requirements of GCC Subclause 18.2 (Program of Performance), the following
documents for
(A) Approval (Project Manager shall be responsible for approval of the following):
1. Designs
2. Drawings
3. BAR Chart/Time Schedule
4. Survey data, drawings, and maps
5. Updated BOQs and cost estimates
5. Design reports and drawings
6. Safety plan
7. Training plan
8. Testing Plan & Commissioning Schedules
9. Dispatch schedules
10. CVs of key staff / skilled workers.
11. Revised schedules of quantities and cost estimates upon survey and
design.
12. Any other document/s required as per the Contract.
(B) Review
1. Statutory clearances and approvals

2. Organization chart
3. Drawings
4. Progress reports
5. Procurement plan
6. Acceptance Test schedules & results
5. Minutes of meeting
Performance Security
267
[Bank’s name, and address of issuing branch or office]
Beneficiary: .................. [Name and address of the Employer] .................................

Date: ............................................................................................................................
Performance Guarantee No.: ....................................................................................
We have been informed that [name of the contractor] (hereinafter called “the
Contractor”) has entered into Contract No. [reference number of the contract] dated
[date] with you, for the execution of [name of contract and brief description of plant
and services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a
performance guarantee is required.
At the request of the Contractor, we [name of the bank] hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of [name of the currency
and amount in words]1 [amount in figures] such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, upon receipt by us of
your first demand in writing accompanied by a written statement stating that the
Contractor is in breach of its obligation(s) under the Contract, without your needing to
prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire no later than the earlier of
(a) 18 months after our receipt of
(i) a copy of the Completion Certificate; or
(ii) a registered letter from the Contractor, attaching a copy of the notice to the
project manager that the Facilities are ready for commissioning, and stating
that 14 days have elapsed from receipt of such notice (or 7 days have elapsed
if the notice was a repeated notice) and the project manager has failed to issue
a Completion Certificate or inform the Contractor in writing of any defects or
deficiencies; or
(iii) a registered letter from the Contractor stating that no Completion Certificate
has been issued but the Employer is making use of the Facilities; or
(b) the [date] day of [month], [year]2.
Consequently, any demand for payment under this guarantee must be received by us
at this office on or before that date.
1
The guarantor shall insert an amount representing the percentage of the accepted contract amount specified in the contract and
denominated either in the currency(ies) of the contract or in any freely convertible currency acceptable to the Employer.
2
Insert the expected expiration date of the Defect Liability Period. The employer should note that in the event of an extension of the time
for completion of the contract, the Employer would need to request an extension of this guarantee from the guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer
might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time
extension of this guarantee for a period not to exceed [6 months][1 year], in response to the Employer’s written request for such
extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
268
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15 (a) is hereby excluded.
...................................
[Signature(s) and seal of bank (where appropriate)]
-- Note to Bidder --
If the bank issuing performance security is located outside the Employer’s country,
it shall be counter-guaranteed or encashable by a bank in the Employer’s country.
269
Advance Payment Security

[Bankʼs name, and address of issuing branch or office]
Beneficiary: .................. [Name and address of the Employer] .................................

Date: ............................................................................................................................
Advance Payment Guarantee No.: ...........................................................................
We have been informed that [name of the contractor] (hereinafter called "the
Contractor") has entered into Contract No. [reference number of the contract] dated
[date] with you, for the execution of [name of contract and brief description of plant
and services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the Conditions of the Contract, an
advance payment in the sum [name of the currency and amount in words]1 [amount
in figures] is to be made against an advance payment guarantee.
At the request of the Contractor, we [name of the bank] hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of [name of the currency
and amount in words]2 [amount in figures] upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Contractor is in breach of
its obligation under the Contract because the Contractor:
(a) used the advance payment for purposes other than the costs of mobilization and
cash flow support in respect of the Works; or
(b) has failed to repay the advance payment when it has become due and payable in
accordance with the conditions of the Contract, specifying the amount payable by
the Contractor.
It is a condition for any claim and payment under this guarantee to be made that the
advance payment referred to above must have been received by the Contractor on its
account number [contractorʼs account number] at [name and address of the bank].
The maximum amount of this guarantee shall be progressively reduced by the amount
of the advance payment repaid by the Contractor as indicated in copies of interim
statements or payment certificates, which shall be presented to us. This guarantee
shall expire, at the latest, upon our receipt of a copy of the interim payment certificate,
indicating that 80% of the Contract Price has been certified for payment, or on the
[date] day of [month], [year], 3 whichever is earlier. Consequently, any demand for
1
The guarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of
the advance payment as specified in the contract, or in any freely convertible currency acceptable to the Employer.
2
Footnote 1.
3
Insert the expected expiration date of the time for completion. The Employer should note that in the event of an extension of the time
for completion of the contract, the Employer would need to request an extension of this guarantee from the guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guar antee. In preparing this guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
270
payment under this guarantee must be received by us at this office on or before that
date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revisions, ICC Publication No. 758 , except that the supporting statement under
Article 15(a) is hereby excluded.1
......................................
[Signature(s) and seal of bank (where appropriate)]
-- Note to Bidder --
If the bank issuing advance payment security is located outside the Employer’s
country, it shall be counter-guaranteed or encashable by a bank in the Employer’s
country.
one-time extension of this guarantee for a period not to exceed [6 months] [1 year], in response to the Employer’s written request for
such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
1
Or the Employer may use “Uniform Rules for Demand Guarantees (URDG), ICC Publication No. 458, except that subparagraph (ii)
of Sub-article 20(a) is hereby excluded” as appropriate.
271

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Invitation for Bids

Design, Engineering, Supply, Civil work, Erection of suitable

Section 1: Instructions to Bidders

A. General ............................................................................................................................ 1-3

B. Contents of Bidding Document ................................................................................... 1-7

C. Preparation of Bids ...................................................................................................... 1-9

D. Submission and Opening of Bids .............................................................................. 1-16

E. Evaluation and Comparison of Bids .......................................................................... 1-18

F. Award of Contract ...................................................................................................... 1-23

1.2 Throughout this Bidding Document,

(iv) “collusive practice” means an arrangement between two or

3.2 All Bidders, consultants, contractors, suppliers, manufacturers, service

event the Joint Venture is awarded the Contract, during contract

4.5 Government-owned enterprises in the Borrower’s country shall be eligible

4.8 Bidders shall be excluded if by an act of compliance with a decision of the

B. Contents of Bidding Document

Section 4 - Bidding Forms (BDF)

7.7 Nonattendance at the pre-bid meeting will not be a cause for

8.3 To give prospective Bidders reasonable time in which to take an addendum

(g) documentary evidence in accordance with ITB 15, the Bidder’s

15.2 Domestic Bidders, individually or in Joint Ventures, applying for eligibility

services to be provided by the Subcontractor comply with the requirements

(a) Plant to be Supplied from Abroad (Schedule No. 1):

18.5 The current edition of Incoterms, published by the International Chamber

omits indexes and weightings shall be subject to clarification with the

22.3 A Bid submitted by a Joint Venture shall be signed so as to be legally

22.4 Any amendments such as interlineations, erasures, or overwriting shall be

D. Submission and Opening of Bids

23.2 The inner and outer envelopes shall

E. Evaluation and Comparison of Bids

(a) if accepted, would:

31.4 If a Bid is not substantially responsive to the requirements of the Bidding

(c) if there is a discrepancy between the grand total price given in

36.2 Technical Evaluation

36.4 Economic Evaluation

(c) decide whether to accept or reject the bid.

38.2 The determination shall be based upon an examination of the documentary

consideration the qualifications of other firms such as the Bidder’s subsidiaries,

38.3 An affirmative determination shall be a prerequisite for award of the Contract

38.4 The capabilities of the manufacturers and subcontractors proposed in its

42.2 Unless standstill period applies, upon notification of award through

Section 2: Bid Data Sheet

The Employer is: Convergence Energy Services Ltd (CESL)

The identification number of the OCB is: CESL/06/2023-24/OCB-Solar

ITB 2.1 The Borrower is: Government of India

Grant No.: 9874-IND

B. Contents of Bidding Document

Sh. Ashim Bhattacharya,

E-mail address: [email protected]

Mr. Amit Sood (Head-Commercial)

NFL Building, 2nd Floor,

ITB 10.1 The language of the Bid is: English

iii) Any other document further specified in the BDS.

ITB 13.1 Alternative bids are not permitted.

ITB 13.2 Alternatives to the Time Schedule are not permitted.

ITB 19.1 The currencies of the Bid shall be as follows:

(a) The prices shall be quoted either in INR or in USD.

(b) A Bidder expecting to incur a portion of its expenditures in the performance

ITB 20.1 The bid validity period shall be 180 days.